[HISTORY: Adopted by the Board of Supervisors of the Township of West Manchester 10-11-1990 by Ord. No. 90-13. Amendments noted where applicable.]
Transient retail merchants — See Ch. 133.
This chapter shall be known as and may be cited as the "West Manchester Township Peddling, Canvassing and Soliciting Ordinance."
The following words shall be construed to have the meanings set forth below. The singular number includes the plural, and the masculine includes the feminine and the neuter.
- PEDDLING, CANVASSING AND SOLICITING
- The taking of orders for goods, wares or merchandise, including subscriptions for magazines or other printed matter, the obtaining of contracts for home and building devices, repairs and improvements and the securing of contributions to various causes and organizations, from house to house, or upon any street or sidewalk in the Township.
- Any natural person, association, partnership, firm or corporation.
- West Manchester Township.
Except as otherwise provided in this chapter, no person shall engage in peddling, canvassing and soliciting in the Township without first having registered with the Township and having obtained an identification card from the Township.
Any person desiring to engage in peddling, canvassing and soliciting shall submit a written application to the Township on a from to be furnished by the Township, accompanied by two photographs no larger than two inches by two inches of himself, taken within six months prior to the date of application.
The applicant shall state his name, age, sex, home address, business address, name and address of employer, if any, what he desires to canvass, peddle and solicit for, the length of time he wishes to engage in this work and the make and type of vehicle, if any, he will use, its registration number and whether he has ever been convicted of a felony, misdemeanor or a crime of any kind involving moral turpitude.
The Township will issue to the applicant an identification card [to which one of the applicant's photographs will be affixed] within 10 days from the date of filing of the application, unless the application is rejected by the Township based on findings made by West Manchester Township Police Department.
An identification card will not be issued to any person who has been convicted of a felony, misdemeanor or a crime of any kind involving moral turpitude, and such person shall not be allowed to engage in canvassing, peddling and soliciting in the Township.
An identification card will be valid for the period of time for which the applicant has paid the required license fee. Such card may not be transferred from one person to another.
Every person engaged in peddling, canvassing or soliciting within the confines of West Manchester Township shall, in the conduct of his activities, comply with the following standards of conduct:
He shall conduct himself at all times in an orderly and lawful manner.
He shall carry his identification card at all times and exhibit it upon request to any police officer or to any person on whom he shall call or with whom he shall talk, or if not registered and licensed under this chapter, he shall identify himself by means of a firm or corporate identification card or a valid Pennsylvania State motor vehicle driver's license.
He shall not permit any person to have possession of his identification card and shall immediately report its loss to the Township. He shall not cause or permit his identification card to be altered or defaced in any way.
He shall not engage in peddling, canvassing and soliciting before 8:00 a.m. nor after 9:00 p.m., prevailing time.
He shall not enter or attempt to enter any dwelling without the invitation or permission of the occupant and shall immediately leave any premises upon request of the occupant.
He shall not be guilty of any false pretense or misrepresentation, and particularly, he shall not represent his identification card to be an endorsement of himself or his goods or services or of the goods or services of his employer by the Township.
He shall immediately surrender his identification card to the Township upon revocation thereof.
He shall give a written receipt for all orders taken within West Manchester Township where a down payment is received, which receipt shall be signed by the solicitor and shall set forth a brief description of the goods, wares, merchandise or services ordered, the total purchase price thereof and the amount of the down payment received by the solicitor from the purchaser.
Any identification card may be revoked by the Township if the holder fails to comply with the standards of conduct contained in § 91-5 hereof or any of them or upon ascertainment by the Police Department that the holder has made a false statement in his application.
The Township reserves the right to have all the following named groups be subject to the registration and licensing requirements of this chapter, except that the license fee shall be waived. All other provisions of this chapter will be applicable to the following:
Boy or girls under 19 years of age who take orders for and deliver newspapers, greeting cards, candy, submarine sandwiches and the like for Boy Scouts, Girl Scouts, schools, churches or other charitable and civic organizations.
Persons delivering or distributing goods or services previously ordered or contracted for by the person to whom they are delivered or distributed.
Persons who deliver milk, bread, gasoline, kerosene or other heating and/or cooking fuels.
Persons who are acting as representatives of accredited war veterans organizations.
Farmers who are selling their own produce that is raised or produced on their farm.
Persons engaged in interstate commerce.
The license fee shall be $25 per individual per month or fractional part thereof. The Township shall indicate on the identification card the period of time for which the required license fee shall have been paid.
This chapter shall not apply to any person to whom a transient retail merchant's license has been issued.
[Amended 11-14-1991 by Ord. No. 91-09; 5-9-1996 by Ord. No. 96-14; 6-26-1997 by Ord. No. 97-15]
Any person who shall engage in peddling, canvassing or soliciting without registering with the appropriate Township officer or any person, whether or not required to be registered and licensed under this chapter, who shall violate any of the other provisions of this chapter shall, upon conviction thereof before a District Justice, be subject to a fine or penalty of not more than $600, plus costs of prosecution. Such fine or penalty shall be collected as like fines or penalties are now by law collected.
West Manchester Township Ordinance No. 72-4, entitled "An Ordinance Regulating Peddling, Canvassing and Soliciting in West Manchester Township, Requiring Peddlers, Canvassers and Solicitors to Register and to be Licensed by West Manchester Township, Establishing Standards of Conduct and Procedures for Obtaining Identification Cards and Permits, Providing for Exemptions, Providing for License Fees and Fixing Penalties," is hereby repealed in its entirety and any ordinance of West Manchester Township or part thereof that conflicts with the terms and provisions hereof is hereby repealed.