[HISTORY: Adopted by the Board of Supervisors of the Township
of Bridgewater 1-3-1976 by Ord. No. 1976-A. Amendments noted where
applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 260.
A.
PEDDLER
PEDDLING
PERSON
SOLICITING
SOLICITOR
As used in this chapter, the following terms shall have the meanings
indicated:
Any person who shall engage in peddling as hereinafter defined.
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, upon any of the streets or sidewalks, from house to house,
by visitation to private residences, or by entering in or upon private
property within the Township.
Any natural person, association, partnership, firm, organization
or corporation.
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
upon private property within the Township.
Any person who shall engage in soliciting as hereinabove
defined.
B.
In this chapter, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
The words "soliciting" and "peddling" shall not apply to:
A.
Farmers seeking or taking orders for the sale of their own products;
B.
The seeking or taking of orders by any manufacturer or producer for
the sale of bread and bakery products, meat and meat products or milk
and milk products;
C.
The sale of goods, wares and merchandise donated by the owners thereof,
the proceeds whereof are to be applied to any charitable or philanthropic
purpose;
E.
The seeking or taking of orders by insurance agents or brokers licensed
under the insurance laws of the Commonwealth of Pennsylvania for insurance;
F.
Persons, corporations, partnerships and associations, their agents
or employees, who have complied with the provisions of 10 P.S. § 162.1
et seq., the Solicitation of Funds for Charitable Purposes Act; or[2]
G.
Any person taking orders for merchandise from dealers or merchants
for resale to an ultimate consumer.
No person shall engage in soliciting or peddling in the Township
without first having taken out a license as herein provided.
A.
Every person desiring to engage in soliciting or peddling in the
Township shall first make application to the designated Township agent
for a license. The application shall be upon a blank provided by the
designated Township agent and shall contain at least the following
information verified by oath or affirmation:
[Amended 3-5-2007[1]]
(1)
Full name of the applicant and local address, if any;
(2)
Permanent address;
(3)
Name of employer or a statement that such applicant is self-employed;
(4)
The nature of the goods, wares, services or merchandise offered for
sale;
(5)
A statement as to whether or not the applicant has ever been convicted
of any crime and, if the answer is in the affirmative, the nature
of the offense or offenses and the punishment or punishments imposed
thereby;
(6)
The type and license number of vehicles to be used, if any;
(7)
Upon request, the applicant shall furnish a photograph.
B.
Where a person makes application for himself and one or more helpers,
all applicable personal information specified above shall be given
for each helper and verified or affirmed by oath or affirmation by
him, and an individual license shall be required for each helper.
No license under this chapter shall be transferable from one person
to another.
[Amended 3-5-2007[1]]
No license shall be issued under this chapter until a sum as
shall be set from time to time by resolution of the Board of Supervisors
shall be paid to the designated Township agent, and it shall be for
the use of the Township. A separate application shall be filed and
a separate permit fee shall be paid by each person who shall actually
conduct the soliciting or peddling and shall apply where an employer
desires to secure licenses for his employees, agents or servants.
[Amended 3-5-2007[1]]
The license granted pursuant to this chapter shall be valid for 30 days after the date of such license and, upon the expiration of any license, if the person holding the same shall desire to continue or renew soliciting or peddling, he shall be required to file a new application for a permit and pay a new license fee. Such licenses may be issued, in advance, for consecutive thirty-day periods, not exceeding 12 in number, upon payment, in advance, of the license fee for each thirty-day period provided in § 228-5.
Such license, when issued, shall state, inter alia, the products
to be sold or services to be rendered by the licensee. Every solicitor
or peddler shall at all times, when engaged in soliciting or peddling
in the Township, carry such license upon his person and shall exhibit
it upon request to all police officers, Township officials and citizens.
No solicitor or peddler shall engage in selling any product or service
not mentioned on such license.
No person licensed as a solicitor or peddler under this chapter
shall engage in soliciting or peddling on any day of the week before
9:00 a.m. or after 8:00 p.m. During the time of the year when Eastern
standard time is effective, the aforesaid hours shall be Eastern standard
time, and during the time of the year when daylight saving time is
effective, the aforesaid hours shall be daylight saving time.
No person licensed as a solicitor or peddler under this chapter
shall park any vehicle upon any of the streets, highways, or alleys
of the Township in order to sort, rearrange or clean any of his goods,
wares, services or merchandise. No such person shall place or deposit
any refuse on any such streets, highways or alleys. No such person
shall maintain or keep a street or curbstone market by parking any
vehicle upon any street or alley in the Township for any period longer
than necessary in order to sell therefrom to persons residing in the
immediate vicinity.
No person licensed as a solicitor or peddler under this chapter
shall occupy any fixed location upon any of the sidewalks of the streets,
highways, alleys or sidewalks of the Township for the purpose of soliciting
or peddling with or without any stand or counter.
No person licensed as a solicitor or peddler under this chapter
shall hawk or cry his wares or services upon any of the streets or
sidewalks of the Township, nor shall he use any loudspeaker, bell,
whistle or other device for announcing his presence by which the public
is annoyed.
[Amended 3-5-2007]
The designated Township agent shall keep a record of all licenses
issued under this chapter.
[Amended 3-5-2007]
Any license issued under this chapter may be suspended at any
time by the designated Township agent for violation of any of the
provisions of this chapter or for giving false information on any
application for a license hereunder or for the applicant or licensee
having been convicted of a crime involving moral turpitude after issuance
of such license or for the licensee having been convicted of disorderly
conduct under any law of the Commonwealth of Pennsylvania or any ordinance
of the Township. Appeals from any suspension may be made to the Board
of Supervisors at any time within 10 days after such suspension. No
part of a license fee shall be refunded to any person whose license
shall have been suspended.
[Amended 3-5-2007[1]]
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement of this
chapter. No judgment shall be imposed until the date of the determination
of the violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.
