[HISTORY: Adopted by the Board of Supervisors of the Township of North Codorus 6-15-2010 by Ord. No. 217-06-2010. Amendments noted where applicable.]
This chapter shall be known as the "North Codorus Township Peddling and Solicitation Ordinance."
The following words and phrases, as used in this chapter, shall mean:
- AGRICULTURAL PRODUCTS
- Agricultural, horticultural, viticultural and dairy products; the products of livestock, poultry and bee raising; and any and all products raised or produced on farms and intended for human consumption.
- Any person who shall engage in peddling as defined in this section.
- The selling or offering for sale of any goods, wares, services or merchandise for immediate delivery, which the person selling or offering for sale carries with him in traveling, or has in his possession or control, on any of the streets or sidewalks, from house to house, by visitation to private residences, or by entering in or on private or public property or business establishments within the Township.
- A natural person, association, partnership, firm, organization or corporation.
- SOLICITING or SOLICITATION
- The seeking or taking of contracts or orders for any goods, wares, services or merchandise for future delivery, or for subscriptions or contributions, upon any of the streets or sidewalks, from house to house, by visitation to private residences, or by entering in or on private or public property or business establishments, within the Township. For purposes of this chapter, these terms shall include the seeking or taking of contracts or orders for home or other building repairs, improvements and alterations, or for work on trees, landscaping or fences, and also orders or contracts for any mechanical, electrical, plumbing or heating device or equipment for houses, or other building improvements or repairs, on or from the places stated within the Township.
- Any person who shall engage in soliciting as defined in this section.
Except as exempted in § 135-4, it shall be unlawful for any person to engage in peddling or soliciting as defined in this chapter within the Township without first obtaining a license. Every individual desiring to engage in solicitation shall apply to the Township office on a form provided by the Township. The Township shall issue a license unless the applicant shall have a felony criminal record, or unless a complaint against that individual or purpose has been received by the Township or the police department serving the Township. If a license is refused, the individual may appear at the next scheduled meeting of the Board of Supervisors to appeal the refusal to issue a license.
All applicants for a license shall provide at a minimum the following information:
The full name of applicant, local address and telephone number;
A permanent address and telephone number;
The name, address and telephone number of employer, or a statement that the applicant is self-employed;
The nature of the goods, wares, services or merchandise offered for sale;
The type of vehicle to be used, if any;
Identification (driver's license number or social security number);
Signature of applicant.
A license shall be issued which in addition to other information shall contain the following statement: "The issuance of this license does not endorse or sanction the activity of bearer."
All applicable personal information specified above shall be given for every person registering. An individual license shall be required for each person engaging in peddling or solicitation. No license under this chapter shall be transferable from one person to another.
The license shall be carried and shown upon request to all police or residents contacted.
The license shall not be transferable.
The peddler or solicitor must present a written notification containing his or her license number to customers stating that they may rescind the transaction within 48 hours by writing to North Codorus Township.
The licensing requirements of § 135-3 and fee requirements of § 135-8 shall not apply to the following:
Any person under the age of 18 years;
Any person who works for an organization registered under the Solicitation of Funds for Charitable Purposes Act of Pennsylvania (10 P.S. § 162.1 et seq.), although proof of such registration must be carried with the peddler or solicitor, and provided to the Township or a police officer upon request;
Any person licensed by the Commonwealth of Pennsylvania;
Any person selling agricultural products;
Any person taking orders for merchandise from dealers or merchants for resale to an ultimate consumer.
A license shall be valid only for the calendar year issued, regardless of the date issued.
The following shall apply to all persons, firms or corporations engaging in peddling or soliciting within the Township, including those exempted from licensing by § 135-4:
No person operating as a solicitor or peddler under this chapter shall engage in soliciting or peddling on Sundays or legal holidays or any other day of the week before 8:00 a.m. or after 7:00 p.m., prevailing time, except by prior consent of the occupant of the premises.
Unless exempted by § 135-4, any person calling by appearing upon a premises shall carry a license upon his or her person, and shall exhibit such license, upon request, to all police officers, Township officials or persons occupying the premises.
There shall be no business transacted which shall concern any goods, wares or merchandise other than those specified in the application for license.
No person who engages in peddling or soliciting shall use any plan, scheme, or ruse, or make a statement which indicates or implies that the purpose of the person's visit is other than to obtain orders for or to make sales of goods or services.
No person who engages in solicitation shall misrepresent the right of a buyer to rescind or cancel a sale under the provisions of applicable law, including this chapter, and he shall provide the buyer with all information required by state and federal regulations.
Physical presence upon a premises visibly posted with a "No Soliciting," "No Salesmen," "No Trespassing," "No Vendors," or similar sign shall constitute a violation of this chapter.
Physical presence upon a premises for a period exceeding five minutes after being asked to leave by anyone in possession of the premises shall constitute a violation of this chapter.
The Township Manager or his or her designee shall keep a record of all registrations issued under this chapter and shall forward daily to the Chief of Police a list of registrations issued under this chapter. The Chief of Police shall supervise the activities of registrants. The Township Manager or his or her designee shall furnish information to citizens upon request.
The fee for a license shall be as set from time to time by resolution of the Board of Supervisors.
Editor's Note: The current fee resolution is on file in the office of the Township Secretary.
Any person as defined in this chapter who or which has violated or permitted the violation of the provisions of this chapter shall, upon conviction thereof in a summary proceeding before a Magisterial District Judge (formerly District Justice), be sentenced to pay a fine of not more than $1,000, plus costs, or, in default thereof, shall be imprisoned to the extent allowed by law for the punishment of summary offenses. Each day that this chapter is violated shall constitute a separate and distinct offense, and shall be subject to separate and distinct penalties.
All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Township Treasurer.
The provisions of this chapter are severable, and if any provision is determined by a court of competent jurisdiction to be unlawful or unenforceable, all other provisions of this chapter shall be given their full weight, as though the unlawful or unenforceable provision were deleted.