[HISTORY: Adopted by the Board of Supervisors of the Township
of Pocopson 12-3-2012 by Ord. No. 7-2012. Amendments noted where
applicable.]
GENERAL REFERENCES
Littering — See Ch. 101.
This chapter shall be known as the "Peddling and Soliciting
Ordinance."
To regulate the distribution of certain materials and services,
peddling, soliciting and related activities within Pocopson Township
for the protection and maintenance of the health, safety and welfare
of the inhabitants of the Township, to deter or prevent dishonest
business practices and/or criminal activity in the Township, and to
safeguard the privacy of residents.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person who distributes or causes to be distributed in
any public place within the Township any handbill, advertisement,
circular, card, pamphlet or printed material of any kind other than
a regularly delivered newspaper, magazine or periodical.
All goods, wares, food, beverages, magazines, periodicals,
printed materials, farm products, services and orders, or contracts
for orders, home improvements or alterations and anything that may
be sold or distributed by peddlers, solicitors or distributors as
defined herein.
Any person, whether a resident of the Township or not, who
goes from house to house, from place to place or from street to street
traveling by foot, automotive vehicle or any other any form of conveyance,
carrying or transporting merchandise for the purpose of selling or
delivering the merchandise to customers.
Includes both male and female; the plural as well as the
singular; and partnerships, corporations, joint ventures or any entity
whatsoever.
Any person, whether a resident of the Township or not, who
goes from house to house or from place to place traveling by any form
of conveyance, soliciting, taking or attempting to take orders for
the sale of merchandise or services of any kind for future performance
or delivery, whether or not he/she be collecting advance payments
of such sales or orders, or who engages in these types of activities
in any public place. The word "solicitor" shall include "canvasser,"
"peddler," "transient merchant" or any person who goes from door to
door as described herein for the purpose of soliciting in any form.
A.
No person shall act or attempt to act as a peddler, solicitor or
distributor at any time within the Township, with the exception of:
(1)
Persons soliciting contributions on behalf of charitable organizations
exempted from the provisions of, or duly registered pursuant to, the
Solicitations of Funds for Charitable Purposes Act (10 P.S. 162.1
et seq.), as amended, who while soliciting, must possess a card or
other written evidence of their appointment or authority to solicit
for said organization or corporation.
(2)
Any person engaged in door-to-door canvassing or religious activities,
as protected under the First Amendment of the United States Constitution.
(3)
Minors who take orders for and deliver newspapers, greeting cards,
candy and the like or who represent the Boy Scouts, Girl Scouts or
similar organizations and take orders for and deliver cookies and
the like.
(4)
Any common carrier, courier service, manufacturer's or vendor's
representative or other persons engaged in regular services deliveries
associated therewith.
(5)
Insurance salesmen/brokers who are currently licensed by the Commonwealth
of Pennsylvania to engage in soliciting/peddling activity.
(6)
Farmers selling their own produce.
(7)
Persons selling goods, wares or merchandise donated by the owners,
all proceeds of which are to be applied to any charitable or philanthropic
purpose.
(8)
Persons granted approval by the Board of Supervisors to act as a
distributor at a specified event.
B.
Any person exempted under § 150-4A above shall comply with the following:
(1)
Shall not enter or attempt to enter any dwelling, residence, apartment
or business without invitation or permission of the occupant and shall
immediately leave any premises when requested to do so.
(2)
Shall comply with "No Soliciting" signs that may be posted on a property
or at the entrance to a neighborhood.
(3)
Shall not represent that he or his organization is endorsed by the
Township.
(4)
Shall not conduct any activities except between the hours of 9:00
a.m. and 7:00 p.m., prevailing time, Monday through Saturday, inclusive,
and 1:00 p.m. to 7:00 p.m., prevailing time, Sunday. Such activities
at any other time are hereby expressly declared unlawful.
This chapter shall not be applied so as to place any undue burden
upon interstate commerce with respect to any business or activity
referred to herein. It is the intent of this chapter to protect the
health, safety and welfare of the inhabitants of the Township but
not to unduly regulate or control the proper conduct of any person,
business or commercial property.
Any person violating or permitting the violation of any of the
provisions of this chapter shall, upon being found liable therefor
in a criminal enforcement proceeding, pay a fine of not more than
$1000, per violation, together with court costs and reasonable attorneys
fees.
A.
No judgment shall commence or be imposed, levied or payable until
the date of the determination of a violation by the Magisterial District
Judge.
B.
If the defendant neither pays nor timely appeals the judgment, the
Township may enforce the judgment by any means available within law
or equity.
C.
Each day that a violation continues shall constitute a separate violation.
