Township of West Lampeter, PA
Lancaster County
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[HISTORY: Adopted by the Board of Supervisors of the Township of West Lampeter 8-22-2011 by Ord. No. 226. Amendments noted where applicable.]
The Board of Supervisors of West Lampeter Township finds and declares that the provisions of this chapter are enacted to establish regulations regarding solicitations, peddling, distribution of handbills, and canvassing within West Lampeter Township, Lancaster County, Pennsylvania ("Township").
Except as otherwise indicated, all provisions in this chapter shall be applied to all solicitation, peddling and canvassing within the jurisdictional boundaries of West Lampeter Township.
No person shall engage in solicitation, peddling, distribution of handbills, and/or canvassing for the purpose of soliciting orders, sales or subscriptions for any goods, wares or merchandise, or for the purposes of soliciting or obtaining any business or commercial information without first having registered with and obtained a permit from the Township.
[Amended 11-13-2017 by Ord. No. 248]
Each person seeking such a permit shall submit a written application with the Township on a form provided by the Township, containing the following information:
Applicant's name, address, birthdate, telephone number, company information, vehicle information and such other information as the Township may deem relevant and require from time to time.
The nature of the goods, wares, merchandise or services that are to be sold or distributed.
A current driver's license (with photo) and proof of registration for vehicle being used.
Applicants are required to complete and submit a criminal history check through the PATCH system. Applicant must print a copy of their PATCH criminal record check whether they have a criminal record or not. The applicant shall pay the cost directly to the Commonwealth of Pennsylvania through the PATCH website.
Fees for said solicitation and canvassing permit will be established by Resolution of the Board of Supervisors, and may change from time to time. Upon payment of the prescribed fee, the Police Department, if it finds the application is in order, shall issue a permit, which shall be valid for not more than 30 days.
Following completion of said permit application, the Police Department will have two business days to investigate the applicant and to grant or deny the permit.
[Amended 11-13-2017 by Ord. No. 248]
No person shall solicit, peddle or canvass within the Township without possessing, in a manner prescribed by the Township, a current, valid copy of the official permit issued by the Township, together with such other identification as may be required by Township. Such person shall solicit, peddle or canvass only the items, commodities, services or subscriptions identified in the registration application. Each person conducting such activity shall obtain a permit. Permits are nontransferable.
The following are exempt from the requirement to secure a permit when conducting activities consistent with their charter and under the protection of the First Amendment of the Constitution of the United States.
Officers or employees of the Township, county, state or federal government, or any subdivision thereof, when on official business;
Charitable, religious or nonprofit organizations or corporations which have received tax exempt status under 26 U.S.C. § 501(c)(3), other similar civic, charitable or nonprofit organization; and
Boys or girls under 18 years of age who take orders for and deliver newspapers, greeting cards, candy, cookies and other fund-raising items for the benefit of the Boy Scouts, Girl Scouts, local schools, churches or similar not-for-profit organizations.
[Amended 11-13-2017 by Ord. No. 248]
Representatives of political organizations.
Activities and arrangements having prior consent of the occupant are exempt from the provisions of this chapter.
Solicitation and canvassing shall only occur within the Township during the following hours:
Monday to Friday from 9:00 a.m. to 7:00 p.m.
Saturday from 12:00 noon to 5:00 p.m.
[Amended 11-13-2017 by Ord. No. 248]
No soliciting on Sundays or federal holidays.
[Added 11-13-2017 by Ord. No. 248]
No solicitor, peddler or canvasser shall enter upon any residence within the Township that is posted with signage providing that such contact, solicitation or canvassing is not desired by the resident thereof.
The West Lampeter Township Police shall be charged with the responsibility of enforcing the provisions of this chapter.
This chapter shall be enforced as a summary offense under the Pennsylvania Rules of Criminal Procedure. Any person or persons, corporation, partnership or other entity whatsoever violating any of the provisions of this chapter shall, upon conviction before a District Judge, be sentenced to pay a fine of not less than $50, nor more than $600 per violation, plus costs of prosecution, and, in default of payment of such costs and prosecution, imprisonment for a term not exceeding 90 days; provided, however, that if the District Judge determines that the defendant is without the financial means to pay the fines and costs immediately or in a single remittance, such defendant shall be permitted to pay the fines or costs in installments and over such periods of time as the District Judge deems to be just.