[HISTORY: Adopted by the Board of Supervisors of the Township
of Doylestown 4-15-1980 as Ch. III, Art. I, of the 1980 Code of Ordinances; amended
in its entirety 7-15-2014 by Ord. No. 371. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Solicitation in parks and recreation areas — See Ch. 119.
As used in this chapter, the following terms shall have the
meanings indicated:
An individual desiring to solicit or peddle within Doylestown
Township on behalf of any person as hereinafter defined.
The written request to solicit and/or peddle within Doylestown
Township on an application form approved by the Chief of Police of
Doylestown Township or his/her designee.
The Chief of Police of Doylestown Township, or his or her
designee.
Written permission to peddle and solicit within Doylestown
Township.
The list of the names of persons who have communicated, in
writing or by e-mail to the Chief of Police, notifying the Township
that they do not want to be peddled to or solicited by any third parties
governed by the provisions of this chapter of the Doylestown Township
Code.
Any person who shall engage in peddling as herein defined.
The selling or offering for sale of any goods, wares, services
or merchandise, products for immediate delivery, or the taking of
orders or the execution of an application for goods, wares, services
or merchandise to be delivered at a later time which the person is
selling or offering for sale and may carry with him or her or has
in his/her possession or control upon any of the streets or sidewalks
or from house to house or by the visitation to private residences
or by entering in or upon private property within said Township. For
the purpose of this definition, the carrying of a written contract
for the purchase of goods, wares, services or merchandise or similar
product shall also constitute peddling.
Any natural person, association, partnership, firm, organization,
corporation or any other business organization.
The actual location of peddling or soliciting activity, primarily
characterized by the point of sale occurring on private property within
Doylestown Township.
The seeking or execution of contracts or orders for any goods,
wares, services or merchandise for future delivery or for subscriptions
or contributions upon any of the streets or sidewalks or from house
to house or by visitation to private residences or by entering in
or upon private property with the Township of Doylestown, and further,
the seeking or taking of contracts or orders for home or other building
repairs, improvements and alterations and also orders or contracts
for any mechanical, electrical, plumbing or heating device or equipment
or other building improvements or repairs upon or from the places
aforesaid within said Township. Soliciting shall not, however, include
the canvasing of a private residence for political, religious or other
charitable purpose where the charitable purpose is the primary purpose
of the canvasing.
Any person who shall engage in soliciting as herein defined.
The Township of Doylestown, Bucks County, Pennsylvania.
Any person who offers for sale any goods, wares or merchandise
as herein defined.
The activity of a person selling any goods from any type
of portable stand or table or in a vehicle located on any street,
roadway or public right-of-way, except on a sidewalk abutting a property
which such person is the owner or lawful occupant thereof.
A.
All persons wishing to engage in peddling and soliciting in the Township
of Doylestown must complete and file an application and be issued
a license by the Chief of Police prior to the commencing of any peddling
or soliciting activity within the Township.
B.
No person shall engage in peddling or soliciting in the Township
of Doylestown without a valid license.
C.
Any licenses issued pursuant to this chapter are not transferable
from one individual to another or from one person to another person,
and no individual and/or person shall transfer or permit the transfer
of a license from one individual to another individual or person.
A.
A license fee shall be determined by resolution of the Board of Supervisors
of Doylestown Township from time to time.
B.
Any license granted pursuant to this chapter shall be valid for 90
days after the date of issuance of such license, and upon the expiration
of any such license, if the person who was issued said license desires
to continue soliciting or peddling, he/she shall file a new application
for a permit and pay the license fee.
A.
Every person subject to the provisions of this chapter shall file,
in person, with the Doylestown Township Police Department an application,
in writing, on a form furnished by that office, at least five business
days in advance of the beginning of soliciting or peddling activities
in the Township.
B.
If the applicant shall also be required to obtain a license from
any officer or official of Bucks County, he/she shall, upon making
an application to the Township, supply a valid copy or exhibit of
the license issued by Bucks County.
C.
A separate application shall be filed, and a separate fee shall be
paid, by each individual who shall actually conduct the soliciting
or peddling, and this shall apply where an employer shall secure a
license for his/her/its employees, agents or servants which may be
more than one in number. Any fee or fees shall accompany the application.
D.
The submitted application shall contain, at a minimum, the following
information:
(1)
The full name and identifying information of the applicant as outlined
on the form;
(2)
The applicant's permanent address and local address if the applicant
lives out of the area;
(3)
Proof of identity (driver's license or other legal form of photo
identification);
(4)
The name and address of the employer for whom the soliciting will
be conducted on behalf of, or a statement that such applicant is self-employed;
(5)
The nature of the goods, wares, services or merchandise offered for
sale;
(6)
A statement as to whether or not the applicant has ever been convicted
of any crime, and if the answer is in the affirmative, the nature
of the offense or offenses and the punishment or punishments imposed;
(7)
The type of vehicle to be used, the color and/or the Pennsylvania
or other state license number;
(8)
A statement by the applicant verifying the validity of the application,
which shall read as follows:
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I, <INSERT NAME>, hereby state the facts above set forth
are true and correct to the best of my knowledge, information and
belief. I understand that the statements herein are made subject to
the penalties of 18 Pa.C.S.A. § 4904 (relating to unsworn
falsification to authorities).
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Date: <INSERT DATE>
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Signature:;
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E.
Applicants shall also submit to fingerprinting and furnish a photograph.
F.
In the event that the applicant is a minor, the applicant's
parent or guardian must verify or affirm the information and sign
the application.
G.
No license under this chapter shall be transferable from one person
to another.
H.
Upon receipt of an application, the Chief of Police shall review
the application and conduct the appropriate investigation prior to
the issuance of the license. If the application is found to be satisfactory
by the Chief of Police, the license will be issued to the applicant,
along with a copy of this chapter and the official Doylestown Township
"no solicitation list."
Upon review of the application, the Chief of Police may refuse
to issue a license to the applicant for any of the following reasons:
A.
If the application is incomplete;
B.
If the information provides a reasonable basis for determining that
the public health, safety, and welfare of Township residents will
be threatened by the issuance of a license to the applicant;
C.
If there are misrepresentations in the application, or if any fraud
or deceit is identified within the application, or if fraud or deception
has been identified in the practices of the applicant, organization
or agent thereof;
D.
Failure to comply with any provisions concerning soliciting, peddling
or consumer sales of the General Business Law of the Commonwealth
of Pennsylvania;
E.
Sale or offering for sale of illegal merchandise;
F.
Employment of a felon or wanted person;
G.
Conviction for any crime involving moral turpitude; or
H.
The prior violation of this chapter by the individual issued the
license.
Any license issued under this chapter may be revoked or suspended
by the Chief of Police or the designee for any of the following reasons:
A.
Fraud, misrepresentation or false statement contained in the application
for a license;
B.
Fraud, misrepresentation or false statement made by the licensee
in the course of peddling or soliciting;
C.
Peddling or soliciting in violation of this chapter or contrary to
the provisions contained in the license;
D.
Conviction for any crime involving moral turpitude; or
E.
Peddling or soliciting in such a manner as to create a public nuisance
or a breach of the peace, or endanger the health, safety or general
welfare of the public, or otherwise in violation of local, state or
federal law.
A.
The provisions of this chapter shall not apply to:
(1)
The sale of goods, wares and merchandise donated by the owners thereof
when the proceeds whereof are to be applied to any charitable or philanthropic
purpose within the meaning of § 501(c)(3) of the Internal
Revenue Code.
(2)
The seeking or taking of orders by insurance agents or brokers licensed
under the insurance laws of the Commonwealth of Pennsylvania for insurance.
(3)
Persons, corporations, partnerships and associations or their agents
or employees who have complied with the provisions of the Act of the
General Assembly of the Commonwealth of Pennsylvania of 1963, P.L.
628, as amended,[1] governing solicitations for charitable, benevolent, patriotic
or other purposes.
[1]
Editor's Note: For current provisions, see the Solicitation
of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et
seq.
(4)
Any volunteer fire company or volunteer rescue unit.
(5)
Any persons not receiving compensation and acting on behalf of any
organization holding an exemption for federal income tax under § 501(c)(3)
of the Internal Revenue Code.
(6)
Persons, corporations, partnerships and associations otherwise licensed
by the Township to conduct business within the Township.
(7)
Farmers selling their own produce.
(8)
Persons seeking local, county, state or federal elective office or
persons engaged on behalf of a candidate for local, county, state
or federal elective office or engaged in any other political activity.
B.
Any persons, organizations or corporations that have received approval
from Doylestown Township to conduct a special event within the Township
shall be responsible for the vendors participating within the boundaries
of that event. Registered vendors will receive permission to operate
their stands for that special event only. No other vendors will be
permitted within the boundary area of such event during the time period
designated for the special event.
C.
Applications may be made by a school, group or organization, regularly
engaged in fund-raising activities throughout the year for charitable,
nonprofit, sports or educational purposes. Said application will be
without fee.
No person shall engage in soliciting or peddling between the
hours of 5:00 p.m. and 9:00 a.m.
It shall be unlawful for any person while either peddling or
soliciting to knock, ring the doorbell, or otherwise attempt to gain
the attention of the occupant(s) of the residence other than at the
primary entrance to the residence.
A.
It shall be unlawful for any person while either peddling or soliciting
to knock, ring the doorbell, or otherwise attempt to gain the attention
of the occupant(s) of a residence in the Township where the owner,
occupant, or person legally in charge of the premises has posted at
the primary entrance to the premises, or at the entry to the principal
building on the premises, a sign bearing the words "No Peddlers,"
"No Solicitors," or words of similar import.
B.
Persons violating this section may be charged criminally under the
provisions of 18 Pa.C.S.A. § 3503(b)(1), "Defiant trespasser."
A.
It shall be unlawful for any person to engage in peddling or soliciting
in an aggressive manner. As used in this section, "aggressive manner"
means:
(1)
Either approaching a person present at the residence or continuing
the peddling or soliciting activity after the person has made a negative
response, whether before or after being invited into the residence,
in a manner that:
(a)
Is likely to cause a reasonable person to fear imminent bodily
harm or the commission of a criminal act upon property in a person's
possession or in or about the residence; or
(b)
Is intended to or is likely to intimidate the person into responding
affirmatively to the peddling or soliciting activity; or
(2)
To refuse to display a permit to the person being solicited; or
(3)
To refuse to leave the premises upon being told to do so by the owner,
tenant, occupant or person in control of the property; or
(4)
In violation of a sign properly posted on said property that prohibits
solicitations.
B.
Aggressive peddling or soliciting is punishable as a summary offense,
and upon conviction thereof shall be subject to a fine of at least
$250 and not to exceed $1,000, or imprisonment of not more than 90
days, or both such fine and imprisonment.
No person licensed as a solicitor or peddler under this chapter
shall park any vehicle upon any of the streets, highways or alleys
of the Township in order to sort, rearrange or clean any of his/her
goods, wares, services or merchandise; nor shall any such person place
or deposit any refuse on any such streets, highways or alleys; nor
shall any such person maintain or keep a street or curbstone market
by parking any vehicle upon any street or alley in the Township for
longer than necessary in order to sell therefrom to persons residing
in the immediate vicinity.
A.
The Chief of Police shall keep a record of all licenses issued under
this chapter, and he shall supervise the activities of all holders
of such licenses.
B.
Any owner or lawful occupant of any residence within the Township
who wishes to prohibit door-to-door commercial solicitation at his
or her residence may be placed on a "no solicitation" list by registering
his or her address with the Township by completing a form prepared
by the Police Department, which form may be submitted to the Township
either in person or by mail or by e-mail.
C.
Registrations must be completed annually and shall expire on December
31 each year.
D.
The Doylestown Township Police will post those residences which have
registered for the "no solicitation" list on the Police Department's
page on the Township website.
E.
Neither the Township nor any of its officers, employees, agents or
authorized volunteers shall be liable to any person for any injuries,
damages or liabilities of any kind arising from or relating to any
errors or omissions that may occur in compiling or maintaining the
no solicitation list.
A.
Except for penalties associated with violating § 124-12B, any person who shall violate any of the provisions of this chapter shall, upon the conviction thereof, be sentenced to pay a fine of not more than $600 and costs of prosecution for each and every offense or, in default of the payment of such fine and costs, to undergo imprisonment for a term not to exceed 30 days.
B.
All fines or penalties recovered under this chapter shall be paid
to the Treasurer of Doylestown Township for the general use of the
Township.
