[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:
A.
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.
B.
The nature
of the goods, wares, merchandise or services that are to be sold or
distributed.
C.
A current
driver's license (with photo) and proof of registration for vehicle
being used.
D.
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.
E.
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.
F.
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.
A.
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.
(1)
Officers or employees of the Township, county, state or federal government,
or any subdivision thereof, when on official business;
(2)
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
(3)
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]
(4)
Representatives of political organizations.
B.
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:
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.
