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Township of Crescent, PA
Allegheny County
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Table of Contents
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New Laws (10) Index
[HISTORY: Adopted by the Board of Commissioners of the Township of Crescent 9-14-2022 by Ord. No. 589.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 535, Commercial and Noncommercial Solicitation, Ord. No. 106, passed 3-1-1926, as amended by Ord. No. 447, passed 4-8-1998.
As used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL DOOR-TO-DOOR SOLICITATION
Any activity which involves any person entering upon private residential property to sell, offer for sale, or discuss the possible sale of any goods, commodity, wares, merchandise, products or services or by going from house to house for such purposes, without having first procured a permit to do so. "Sell" and "offer for sale" shall be defined to include any interaction that primarily propose of which is a commercial transaction.
DOOR-TO-DOOR SOLICITATION
Any activity which involves entering uninvited upon private residential property for the purpose of hawking, peddling, huckstering, or vending in any manner of any goods, commodity, wares, merchandise, products or services of any kind, advocating, discussing, publishing or promulgating any religious or political information, opinions, ideas, causes, or viewpoints, taking surveys or polls, or soliciting support, donations, membership or action in any form, for any purpose, from the resident(s) of the property. The term "door-to-door solicitation" includes, without limitation, both commercial and noncommercial door-to-door solicitation.
NONCOMMERCIAL DOOR-TO-DOOR SOLICITATION
Any activity which involves any person entering upon private residential property for the purpose of advocating, discussing, publishing or promulgating any religious or political information, opinions, ideas, causes, or view points, taking surveys or polls, or soliciting support, donations, membership or action in any form, for any purpose, from the resident(s) of the property, or by going house to house for such purpose.
PERMITTED HOURS
Commercial solicitation is permitted between the hours of 10:00 a.m. and 7:00 p.m. Noncommercial solicitation is permitted between the hours of 10:00 a.m. and 9:00 p.m. Solicitation is prohibited at all other hours and all day on Sundays or other business holidays recognized as such holidays by the Commonwealth of Pennsylvania.
PERSON
An individual, partnership, association, joint-stock company, trust, corporation, government entity, limited liability company, firm or any other entity.
A. 
Activity prohibited unless permitted. It shall be unlawful for any person or persons to engage or be concerned in the business of hawking, peddling, huckstering or vending in any manner of any goods, wares, merchandise or produce of any kind whatsoever, not of their own manufacture or production, on the streets or highways or from house to house within the Township without having first taken out and obtained a permit to so do from the Manager, and having paid the fees hereinafter prescribed by the said Manager.
B. 
Issuance of permits. It shall be the duty of the Manager, upon the application of any person or persons who may desire to be engaged, employed or concerned in the business aforesaid, and upon the payment of the amounts hereinafter specified, to issue a permit to such person or persons authorizing and allowing them to transact for the period of one year, or for such other period as may be therein stated from the date of such permit, the business aforesaid within the limits of the Township.
C. 
Permit fees. Each person, firm or corporation who shall engage in said business within the Township shall pay to the Manager for the permit aforesaid such amount as shall be established from time to time by resolution of the Board of Commissioners.
D. 
Exceptions. Nothing herein contained shall be construed to prohibit farmers and gardeners from selling the production of their own farms, gardens or dairies, nor shall such farmers or gardeners be required to take out a permit to do so according to the intent of an Act of Assembly in such cases made and provided; nor shall this chapter be construed as to prohibit any merchant, grocer or dealer from delivering goods purchased at their stores or places of business at the residence or place of business of the purchaser.
A. 
It is a violation of this chapter for any person to engage in door-to-door solicitation during any time other than the hours set forth herein. Each day of such violation constitutes a separate violation.
B. 
It is a violation of this chapter for any person to engage in commercial door-to-door solicitation without first having obtained a commercial door-to-door solicitation permit from the Township Manager. Each day of such violation constitutes a separate violation.
C. 
It is a violation of this chapter for any person to engage in noncommercial door-to-door solicitation without first having obtained a noncommercial door-to-door solicitation permit from the Township Manager. Each day of such violation constitutes a separate violation.
D. 
It is a violation of this chapter for any person to engage in any door-to-door solicitation on any private property posted with "no-solicitation" signs or listed on the Do Not Knock List. Any such violation will be considered trespass subject to the criminal laws of the commonwealth and each day of such violation constitutes a separate violation.
A. 
Any person may obtain a permit to engage in noncommercial door-to-door solicitation during daylight hours by filing with the Township Manager an application for same. The application shall specify:
1. 
The full names of all individuals who will be engaging in noncommercial door-to-door solicitation;
2. 
The name and address of the company or organization, if any, sponsoring or supporting the solicitation;
3. 
The dates on which solicitation activities will take place.
B. 
There shall be no fee for a noncommercial door-to-door solicitation permit.
C. 
The permit will be issued immediately upon submission of a completed application.
D. 
The permit applies only to the individuals listed in the application.
E. 
The permit expires on the last of the dates of solicitation listed by the applicant in the application, or within one week from the date the of issuance, whichever is sooner.
F. 
A permit issued upon an application containing false information is invalid from the date of issuance. Any person who submits false information on an application for a permit under this chapter violates this chapter, and is subject to penalties hereunder, in addition to any penalties and/or punishment under the laws of the Commonwealth of Pennsylvania for submitting false information to authorities.
A. 
The permit referred to in this section shall be issued upon filing of a completed application unless the Manager informs the person, firm, corporation or association in writing and within four days of the date of application that the Chief of Police can show that the person, firm, corporation or association is seeking to engage in unsafe, illegal, fraudulent or criminal activity, or has made a material misrepresentation on the permit application.
B. 
In order to preserve the right of Township residents to enjoy the peace and tranquility of their homes without unreasonable interruption or annoyance during times when door-to-door solicitations are most unwelcome, it shall be unlawful for any person, firm, corporation, or association to sell or offer for sale any goods, commodity, or services, or to solicit funds or donations of any kind, in, upon, or along any of the public streets, alleys, or public places of the Township of Crescent, or by going from house to house for such purposes between the hours of 9:00 p.m. and 10:00 a.m. or all day on Sundays or other business holidays recognized as such holidays by the Commonwealth of Pennsylvania.
C. 
No commercial solicitation shall be done on any private property posted with "no-solicitation" signs or listed on the Do Not Knock List, and any such violation will be considered trespass subject to the criminal laws of the commonwealth.
D. 
In addition to the requirements to obtain a permit as set forth in § 535.04, the application for a commercial solicitation permit shall require following:
1. 
The submission of an up-to-date criminal background check obtained by the Pennsylvania State Police for each person involved in the commercial solicitation.
2. 
A brief description of the goods, commodity, or service to be sold or offered for sale. If the applicant is a business enterprise of any kind, the application shall also include the official name of the business, any alternate names under which the enterprise conducts business, its state of incorporation, its tax identification number, and its registered address for accepting service of process.
E. 
The permittee and any persons soliciting with or on behalf of permittee shall be required to wear an identification badge provided by the Township Police Department at the time of issuance of the permit.
The penalty for violating any of the provisions of this chapter shall be in accordance with § 120.07 of the Codified Ordinances of Crescent Township.
In the event any provision of this chapter is determined to be in conflict with any other provision of this Code or invalid under prevailing laws of the Commonwealth of Pennsylvania or the United States, the remaining provisions of this chapter shall continue to be in effect.