[HISTORY: Adopted by the Board of Supervisors
of Falls Township 9-16-2014 by Ord. No. 2014-09.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch. 173, Peddling and Soliciting, adopted 9-6-1955, as amended.
The Board of Supervisors of Falls Township finds and declares
that the provisions of this chapter are enacted to establish regulations
regarding solicitation, peddling and canvassing within Falls Township,
Bucks County, Pennsylvania.
Except as otherwise indicated, all provisions in this chapter
shall be applied to all solicitation, peddling and canvassing within
the jurisdictional boundaries of Falls Township, Bucks County, Pennsylvania.
As used in this chapter, the following terms shall have these
meanings:
One who engages in the practice of canvassing, the practice
of going from dwelling unit to dwelling unit:
To conduct surveys for research purposes (other than those conducted
by an agency of the state or federal government);
To make analyses, to take opinion polls, or to compile rating
data;
To obtain or seek contributions for any person or organization
or cause;
To advance religious or political causes and proselytizing with
regard thereto; or
To conduct any similar work which, by its nature, involves door-to-door
or place-to-place activity, including distribution of circulars, but
not for commercial activity of any kind.
For the purposes of § 173-12 only, a canvasser shall be considered a "solicitor."
Any motor vehicle or combination used on a highway in intrastate
commerce to transport passengers or property when the vehicle meets
one of the following conditions:
Has a gross vehicle weight rating or gross combination weight
rating, or gross vehicle weight or gross combination weight, of 17,001
pounds or more, whichever is greater.
Is designed or used to transport more than eight passengers
(including the driver) for compensation.
Is designed or used to transport more than 15 passengers, including
the driver, and is not used to transport passengers for compensation.
The activity of going onto the premises of other persons,
without prior arrangement with the owner or occupant of such premises,
for the principal purpose of the sale or taking of orders for future
sales of any type of tangible goods, including, but not limited to,
books, magazines, or other periodicals, or to enter into any agreement
for the provision of services, or any combination of the sale of goods
or provision of services, or the distribution of advertising circulars
relating to the sale of goods or provision of services.
A person engaging in the activity of door-to-door solicitation.
A street that is the principal ingress and egress between dwelling units and a local street or major highway as referenced in § 191-31.
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 a sidewalk abutting a property
of which such person is the owner or a lawful occupant thereof.
It shall be unlawful for any person to engage in commercial
or business solicitation, hawking, peddling and/or canvassing for
the purpose of soliciting orders, sales or subscriptions for any goods,
wares or merchandise, or for the purpose of soliciting or obtaining
any business or commercial information, without first having registered
with and obtained a license from the Township.
A.
Any person seeking such a license, and not exempt by § 173-8, shall submit a written application to the Township, on a form provided by the Township, containing the following information:
(1)
The full name of the applicant and local address, if any.
(2)
The place and date of birth.
(3)
The permanent address of the applicant.
(4)
The address at which the applicant will receive notices under this
chapter.
(5)
The name and address of his or her employer or principal, if any,
and the nature of the business activity thereof.
(6)
The nature of the business or activity in which the applicant wishes
to engage within the Township of Falls. This shall include what items
the applicant is selling.
(7)
A statement as to whether the applicant has been convicted in any
jurisdiction of any crime and, if so, where, when, the nature of the
offense and the punishment and penalty imposed therefor.
(8)
A statement as to the name, address and nature of employment of the
applicant's previous two places of employment.
(9)
A copy of valid government-issued photo identification.
(10)
Such other and further information as the Township may deem
relevant and require from time to time.
B.
The applicant shall, together with the application, and a nonrefundable
fee of $25 made payable to the Township, submit to the Chief of Police
of Falls Township his or her photograph and a written description
of himself or herself.
C.
The Chief of Police aforesaid shall review such application, and,
if approved, a license shall be issued by said Chief of Police as
hereinafter provided.
A.
A door-to-door solicitation license shall not be issued to any person
who:
(1)
Has previously been found guilty of violating any provision of this
chapter.
(2)
Has been convicted, within the seven years preceding the date of
the application for a license, of any theft or theft-related crime,
fraud or any fraud-related crime, or any similar offense tending to
show dishonesty of character.
B.
A door-to-door solicitation license shall be revoked for any of the
following reasons:
(1)
Conduct by any license holder that constitutes a violation of this
chapter.
(2)
A license holder going upon premises either posted "No Solicitors" or "No Solicitation," or appearing on the No Solicitors or No Solicitation Registry provided for in § 173-13 of this chapter, or both.
(3)
Conduct by any license holder while on private premises that constitutes
a summary offense or criminal act, including, but not limited to,
defiant trespass.
C.
In the event that a door-to-door solicitation license is revoked
under this section, no administrative or other fees shall be refunded
to the license holder.
In addition to providing the aforesaid information, the applicant
shall pay a nonrefundable fee of $25 per license, made payable to
the Township of Falls. Said license shall be issued for a defined
period not to exceed 30 days. Upon submission of said application
and after approval of the same, there shall be issued to the aforesaid
applicant a license in the form of a card which, until revoked or
expired, shall entitle the licensee to engage in the activities described
in this chapter. The aforesaid license shall not automatically renew
after expiration. Upon expiration of any license issued hereunder,
each applicant may submit a new application, along with the required
fee, if the applicant is in good standing and desires to renew the
license. If a license is revoked for any reason provided for in this
chapter, a new license will not be issued for 24 months from the revocation.
The following are exempt from the requirement to secure a license when conducting activities consistent with this chapter. However, no groups or organizations are exempt from the provisions of § 173-12, except for those individuals identified in § 173-8A below.
A.
Officers or employees of the Township, county, state or federal government,
or any subdivision thereof, when on official business.
B.
Charitable, religious or nonprofit organizations or corporations
which have received tax-exempt status under 26 U.S.C. § 501(c)(3),
or other similar civic, charitable or nonprofit organizations.
C.
Representatives of political organizations and political candidates.
D.
Activities and arrangements having prior consent of the occupant
are exempt from the provisions of this chapter.
E.
Farmers engaged in selling only the produce of their own farms from
a truck or other vehicle.
F.
Any honorably discharged soldier, sailor or marine of the military
or naval service of the United States who is a resident of this commonwealth
and who is unable to earn a livelihood by manual labor.
G.
Persons who have been licensed by the Commonwealth of Pennsylvania
to engage in an activity described in this chapter hereof, when so
engaged, including, without limitation, real estate, insurance and
securities brokers and salesmen.
Every person to whom a license has been issued hereunder shall,
in the carrying on of his or her activity in the Township of Falls,
comply with the following rules of conduct:
A.
He or she shall carry his or her license card at all times and have
it displayed at all times.
B.
He or she shall not permit any other person to have possession of
the said license card and shall immediately report its loss to the
Chief of Police.
C.
He or she shall not cause or permit the license card to be altered
or defaced.
D.
He or she shall not enter or attempt to enter any dwelling house
without invitation or permission of the occupant and shall immediately
leave any premises upon request.
E.
He or she shall not represent the aforesaid license card to be an
endorsement of the licensee or of the goods or services of his or
her principal or employer.
F.
He or she shall immediately surrender the license card upon revocation
of the license as hereinafter provided.
G.
He or she shall carry at all times a valid government-issued photo
identification.
H.
He or she shall not park commercial vehicles on residential streets
while engaging in door-to-door solicitation.
I.
He or she shall not sell any product or type of product not mentioned
in his or her application and license.
J.
When operating from a vehicle, he or she shall not stop or park such
vehicle upon any of the streets or alleys in the Township for longer
than necessary in order to deliver such goods to persons residing
or working in the immediate vicinity.
K.
He or she shall not park any vehicle upon any of the streets or alleys
in the Township for the purpose of displaying, selling, sorting, rearranging,
or cleaning any of his or her goods, wares, or merchandise or of disposing
of any carton, wrapping material, or stock, wares or foodstuffs which
have become unsellable through handling, age or otherwise.
Solicitation shall only occur within the Township from Monday
through Saturday between 9:00 a.m. and 7:00 p.m. and shall not be
permitted on federal holidays. Canvassers, as defined herein, shall
only engage in the practice of canvassing between the hours of 9:00
a.m. and 9:00 p.m. Such canvassing activities may occur on any day.
No person shall engage in any "street sales," as defined in
this chapter, unless he/she has received all necessary permits from
the Township, including any license required in this chapter or any
zoning permits, if applicable.
The owner or lawful occupant of any premises within the Township not desiring to have persons enter onto his/her premises may post on such premises a legible sign stating "No Solicitors," "No Solicitation," or words of similar meaning. Any door-to-door solicitor or canvasser who shall enter upon the premises in defiance of such sign shall be in violation of this section and shall be liable for the penalty provided for in § 173-16.
The owner or lawful occupant of any premises within the Township not desiring to have persons enter onto his or her premises, in addition to posting his or her premises according to § 173-12, may register with the Falls Township Police Department to have his or her address placed on a registry to be distributed to those door-to-door solicitors required to obtain a license under § 173-4. Door-to-door solicitors who enter onto premises appearing on the registry shall be subject to the penalty provided for in § 173-16.
The Township Manager shall provide written notice of revocation
by personal service or registered mail to the address designated in
the application for the license.
Any person whose license has been revoked shall be entitled
to appear, with counsel, if he or she so desires, before the Board
of Supervisors of Falls Township at a regular or special meeting and
be heard in behalf of a request for reinstatement of the said license.
This written request must be filed with the Township at least seven
days before the next regularly scheduled Board of Supervisors meeting.
The Board of Supervisors may affirm, modify or reverse the Township
Manager's revocation of the license. The decision of the Board of
Supervisors shall be final.
Any person, firm or corporation who violates or permits a violation
of this chapter shall be guilty of a summary violation and, upon conviction,
shall be sentenced to pay a fine of no more than $1,000, plus all
court costs, including reasonable attorneys' fees, incurred by the
Township in the enforcement of this chapter. Each day a violation
exists shall constitute a separate offense. In default of the payment
of any fine, the defendant shall be sentenced to imprisonment to the
extent allowed by law for the punishment of summary offenses. Further,
the appropriate officers or agents of the Township are hereby authorized
to file a citation for such summary violation and seek any other available
relief at law or equity, including injunction, to enforce compliance
with this chapter.
