[HISTORY: Adopted by the Township Council of the Township
of Hampton 2-28-2018 by Ord. No.
808.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also repealed former Ch.
221, Peddling and Soliciting, adopted 10-24-1989 by Ord. No. 400 (Ch.
13, Part 2, of the 1995 Code of Ordinances), as amended.
The purpose of this chapter is to regulate commercial solicitation
in the Township of Hampton and to establish use-of-street restrictions
and hours of canvassing and soliciting for canvassers and solicitors.
For the purposes of this chapter, the following terms shall
have the meanings set forth below, unless a different meaning clearly
appears from the text:
The act of going upon the property or approaching people
on property to discuss or explain issues, which shall include religious
proselytizing, exercising an individual's right to freedom of
speech, or campaigning for political votes, that does not include
the sale of goods or products.
A person who engages in canvassing.
The practice of going in and upon private residences and
appurtenant lots in the Township by salesmen, solicitors, peddlers,
hawkers, itinerant merchants or transient vendors of merchandise or
services, not having been requested or invited so to do by the owner
or owners, occupant or occupants of said private residences, for the
purpose of soliciting orders for the sale of services, goods, wares
or merchandise or of disposing of or peddling or hawking the same.
Any goods or services, including but not limited to magazines,
periodicals, books and orders or contracts for services, home improvements
or alterations.
The act of going on the property or approaching people on
property to sell goods, merchandise, products or services.
A person who engages in peddling.
To peddle.
Any natural person, corporation, association or organization,
partnership, trust, foundation or other entity, however styled, including
but not limited to business organizations, commercial co-venturers
and commercial solicitors.
The act of going upon property or approaching people on property
to ask for, request or seek monetary contributions, donations or support.
To solicit.
No person, except as otherwise provided herein in § 221-4, shall peddle or engage in the practice of going in and upon private residences and appurtenant lots in the Township by salesmen, solicitors, peddlers, hawkers, itinerant merchants or transient vendors of merchandise or services, not having been requested or invited so to do by the owner or owners, occupant or occupants of said private residences, for the purpose of soliciting orders for the sale of services, goods, wares or merchandise or of disposing of or peddling or hawking the same, unless such person has obtained a commercial solicitor's license as required by §§ 221-5 through 221-9 of this chapter, issued by the Township Police Department.
Except for § 221-13A (relating to exclusive right to a location) and § 221-13B (relating to prohibited hours of canvassing and soliciting), nothing in this chapter shall be held to apply to:
A.
Any sales conducted pursuant to statute or by order of any court.
B.
Home delivery of daily or weekly newspapers.
C.
Persons having an established place of business within the Township
or their employees, for soliciting orders from customers and delivering
the same.
D.
Farmers who themselves or through their employees vend, sell or dispose
products of their own farms or gardens.
E.
Soliciting by charitable or religious canvassers when the person
is acting in his or her capacity as a member of a charitable, religious
or nonprofit organization or corporation which has received tax-exempt
status under 26 U.S.C. § 501(c)(3) or other similar civic,
charitable or nonprofit organizations.
F.
Persons engaged in political or other First Amendment speech or solicitation.
G.
Minors under the age of 18 years of age.
Any person desiring to procure a commercial solicitor license
as herein provided shall file with the Township Police a verified
application.
Each applicant for a commercial solicitor license shall, at
the time of applying, file with the Township Police an application
in writing, which shall give the following information:
A.
Age and physical description of applicant and cach such agent and
employee.
B.
Complete permanent home and local address of applicant and his agents
or employees.
C.
Name and address of the organization or person for whom the commercial
solicitation is being made.
D.
Description of the nature of the commercial solicitation or a description
of the purpose or causes for which the commercial solicitation is
being made.
E.
The days, dates and route of the applicant's commercial solicitation
in the Township of Hampton.
F.
A statement as to whether or not the applicant or any of such agents
or employees have been convicted of or pleaded guilty to a felony
or misdemeanor, where and when so convicted, the nature of the offense
and the punishment or penalty, if any.
G.
A current background investigation for each applicant or an authorization
allowing the release of the applicant's Pennsylvania criminal
history record information to the Township.
H.
The make, model, year, color and license plate number of automobiles
used by the applicant and such agents and employees during the period
of solicitation within the Township, and the numbers of their drivers'
licenses and the states of issuance.
Fees for commercial solicitors' licenses under this chapter
shall accompany each commercial solicitor license application and
shall be calculated as follows:
The Township Police shall approve or disapprove a commercial solicitor license application within five business days of submission. Approval shall not be unreasonably withheld. If the commercial solicitor license application is denied for any reason, the applicant may appeal the decision to the Township Council as provided in § 221-10 of this chapter.
Each licensee shall carry the commercial solicitor license at
all times when in the Township and shall exhibit it to any citizen
or Township official upon request. At the conclusion of the period
for which the commercial solicitor license was issued, said solicitor's
license shall be surrendered to the Township Police for cancellation.
In the event that an application for a commercial solicitor
license is disapproved by the Township Police, or the Township Police
upholds the suspension or confiscation of a solicitor's license
for a violation of this chapter, the applicant may, within five days
of the denial, appeal the decision to the Township Council, which
shall set a time and place for hearing. This hearing shall be held
within 45 days after the appeal is taken by the applicant, at which
hearing the applicant will be given opportunity to present reasons
why the commercial solicitor license should be issued. The decision
of Council shall be made within 10 days of the appeal hearing.
No person who has obtained a commercial solicitor license or
any salesperson, solicitors, peddlers, hawkers, itinerant merchants
or transient vendors of merchandise or services (not having been requested
or invited to do so by the owner or owners, occupant or occupants
of said private residences for the purpose of soliciting orders for
the sale of services, goods, wares or merchandise or of disposing
of or peddling or hawking the same) shall solicit in the Township
without first obtaining from the Township Police a list of all persons
and their addresses who have specifically requested that canvassers
and solicitors not solicit such persons at any time. The Township
shall maintain and make the list of registered owners available to
canvassers in the Township electronically without charge.
No person shall canvass, solicit, distribute circulars or other
matter or call from house to house or place to place in the Township
of any person who has specifically requested that canvassers and solicitors
not solicit such persons at any time.
Solicitation and canvassing in the Township are subject to the
following additional requirements:
A.
No canvasser or solicitor shall have an exclusive right to any location
in the streets or other public passages of the Township, be permitted
a stationary location thereon, or be permitted to obstruct such streets
and public passages thereby rendering such street or public passage
impassable without unnecessary inconvenience or hazard.
B.
No canvasser or solicitor shall be permitted to solicit or canvass
before 9:00 a.m. or after 7:00 p.m., prevailing time.
C.
Any licensee or person, whether as an individual, representative,
principal, agent, employer or employee, obtaining a solicitor's
license shall:
(1)
Not falsely or fraudulently misrepresent the quantity, character
or quality of any article offered for sale or offer for sale any tainted
or damaged provisions or merchandise;
(2)
Not engage in peddling or soliciting upon any premises or residence
located thereon if such premises or residence is posted against solicitation
by means of a notice, upon which is printed a "no solicitors" or a
"no trespassing" sign;
(3)
Not engage in peddling or soliciting after being asked to leave the
premises or residence by the owner or occupant;
(4)
Not peddle or solicit home improvement services without being compliant
with the Pennsylvania Home Improvement Consumer Protection Act.
D.
No registrant shall be permitted to solicit or canvass on any holiday
on which the Allegheny County Courts are closed.
No commercial solicitor license issued under the provisions
of this chapter shall be used at any time by any person other than
the one to whom it was issued.
A police officer observing a violation of this chapter may take
one or more of the following actions:
A.
The officer may issue a verbal or written warning to the violator
to cease and desist the activity that is in violation of this chapter.
B.
If the person is in possession of a solicitor's license, the
officer may confiscate the license and return it to the Township Police
Department within 24 hours with a written explanation of the violation.
In the event a solicitor's license is returned to the Township
Police after confiscation, the commercial solicitor whose solicitor's
license has been confiscated shall have three working days in which
to request an administrative review of the suspension by the Township
Police. If the request for administrative review is not made within
three working days, the solicitor's license is revoked.
A.
A commercial solicitor license may be revoked by any Magisterial
District Judge having jurisdiction, after notice and hearing, for
any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in, or material
fact omitted from, the application for license;
(2)
Fraud, misrepresentation or false statement or material omission
made in the course of soliciting;
(3)
Failure to obey a "no trespassing" sign posted by a resident or failure
to obey the no-solicitation list;
(4)
Any violation of this chapter;
(5)
Conviction of any crime or misdemeanor involving moral turpitude
by the licensee or any representative of an organization holding a
license; or
(6)
Conducting any activities in an unlawful manner or in such a manner
as to constitute a breach of the peace or to constitute a menace to
the health, safety or general welfare of the public.
B.
Notice of the hearing for revocation of the commercial solicitor
license shall be given in writing at such address as specified on
the licensee's application, setting forth specifically the grounds
of complaint and the time and place of hearing. Such notice shall
be transmitted by certified mail, postage prepaid, to the licensee
or organization holding a commercial solicitor license at least seven
days prior to the date set for hearing.
Any person, persons, firm, partnership or corporation that violates § 221-3 of this chapter shall, upon conviction by the issuing authority for the magisterial district which includes the Township of Hampton, be fined not more than $600, plus costs of prosecution, or imprisoned not more than 90 days, or both. Each and every day that a violation occurs shall constitute a separate and distinct summary offense under this chapter and shall be subject to separate and distinct penalties. All other violations of this chapter shall be subject to a maximum fine of $1,000, plus costs of prosecution, or a maximum term of imprisonment of 90 days.
