[HISTORY: Adopted by the Township Council of the Township of Mine Hill as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-17-2015 by Ord. No. 28-15]
As used in this article, the following terms shall have the meanings indicated:
- An individual, organization, firm, partnership, corporation, company, association, church, religious denomination, society, class, league or other entity or group.
- SOLICIT and SOLICITATION
- Offering goods or services for sale, or making sales and delivering articles door to door to purchasers, or the request, directly or indirectly, for money, property, financial assistance, or other things of value, including for a charitable and philanthropic purpose. Any person taking a poll or a survey from house to house or on the streets or distributing advertisements or handbills is included. The word "solicitor" shall not include salespersons calling on retail merchants. Solicitation shall be deemed to be complete when made, whether or not the person making the same receives any contribution.
[Amended 7-28-2016 by Ord. No. 18-16; 10-17-2019 by Ord. No. 22-19]
It shall be unlawful to solicit within the Township of Mine Hill without first registering with the Township Clerk on a form to be provided by the Township Clerk which shall indicate the identification of the individual or individuals soliciting, the planned date or dates, time, and place where the solicitation will occur. A copy of the “Do Not Solicit List” shall be provided to every person registering with the Township Clerk. Anyone engaged in solicitation shall have proof of registration and shall have personal identification outwardly visible on their person at all times while soliciting in Mine Hill. Solicitation shall be permitted between the hours of 10:00 a.m. and 8:00 p.m. only.
Any person who owns or rents property within the Township may register such property to be included on the "do not solicit" list by registering through the Township Clerk's office.
Maintenance of the "do not solicit" list shall be as follows:
The "do not solicit" list shall be maintained by the Township Clerk. The list shall be available through the official Township website.
The "do not solicit" list shall consist solely of property addresses and shall include no further identifying information concerning the ownership of each property.
The Tax Assessor shall notify the Township Clerk of any change in ownership of property within the Township. The Township Clerk shall remove from the "do not solicit" list any property which has changed ownership.
Other than by sale of property, a property, once listed, may only be removed from the list by submitting a written request to the Township Clerk.
[Amended 7-28-2016 by Ord. No. 18-16]
The Township Clerk shall provide a copy of the "do not solicit" list to any person notifying the Township Clerk's office pursuant to this article of his/her intention to engage in soliciting within the Township. The failure of the Township Clerk to provide the "do not solicit" list to such person or the failure of such person to have received a copy of the "do not solicit" list from the Township Clerk shall not provide a defense to the requirement of having in his/her possession a copy of the updated "do not solicit" list.
It shall be unlawful to solicit at any property listed on the "do not solicit" list.
The prohibition in this article shall not apply to an individual visiting a property where the owner or occupant of such property has directly or implicitly indicated to the solicitor, through prior interaction, that his/her visit would be welcomed. The burden of persuasion shall be on the person claiming this exemption.
[Added 7-28-2016 by Ord. No. 18-16]
A person found by the Township Clerk to have engaged in solicitation on a property listed on the "do not solicit" list shall, after notice and an opportunity to be heard, have his or her right to solicit within the Township suspended for a period of 30 days for a first offense, 60 days for a second offense, and indefinitely after a third offense. The individual shall have a right to appeal the suspension to the Township Council, which shall hear the appeal at its next regularly scheduled meeting. The suspension shall be in addition to any other penalties for violation of this article which may be imposed by the Municipal Court.