No solicitor, peddler or hawker, whether licensed pursuant to
this chapter or not, shall actively solicit on private property, against
the wish or desire of the property owner of such property, or group
of properties without the written permission of the private property
owner or the homeowners', association, apartment owner, management
or their agents upon which the solicitation, peddling or hawking is
made. When the owner is not the occupant of the premises, the written
invitation of the occupant shall be required. The written permission
must be carried by the solicitor, peddler or hawker and produced upon
request for review.
All solicitors, peddlers and hawkers desiring to engage in their
trade in Upper Merion Township shall, prior to such engagement, also
comply with the following requirements:
A. Register with the Police Department and obtain an identification
card from the Township Manager.
(1) Such registration shall be made by the submission and execution of
a written application on a form furnished by the Township.
(2) The applicant shall state his name; his address; the name and address
of his employer or principal, if any; his age; the general nature
of the food, goods or merchandise for which he desires to solicit
orders, to sell, to peddle or to hawk; and the description and license
number of the vehicle, if any, which he will use in connection with
his business. The applicant shall be fingerprinted and shall state
whether he has ever been convicted of a felony or any crime involving
fraud or any moral turpitude. Any applicant who has ever been convicted
of any crime as aforesaid shall not be entitled to register, receive
an identification card or engage in the solicitation, peddling or
hawking of food, goods or merchandise in the Township.
(3) The applicant must provide a certified copy of a Pennsylvania State
Police Criminal History check conducted within five days of the submitted
application.
(4) The identification card shall remain the property of the Township
and shall not be altered or disfigured in any way and shall be kept
available and presented by the applicant to any person desiring to
see the same.
(5) Upon expiration of the term of the identification card, the holder
shall return the same to the Upper Merion Township Police Department
and shall obtain a new identification card and register as aforesaid
prior to again commencing his activities in the Township.
(6) The identification card shall be valid for a period of three months
from date of issue and shall not be transferable.
(7) The identification card must be displayed on the outermost garment
of the holder while he or she is engaged in solicitation, peddling
or hawking activities.
(8) No holder of an identification card shall permit another person to
have possession of his or her identification card, and if the card
is lost or stolen the person to whom it was issued must report the
loss to the Upper Merion Township Police Department immediately.
(9) The identification card must be returned immediately upon notification
of suspension or revocation by the Upper Merion Township Police Department.
B. If such person shall also be required to obtain a license from any
other governmental agency, he shall, on registering as aforesaid,
exhibit a valid license from such governmental agency.
Peddlers, solicitors, and hawkers, as defined in this chapter, shall, in addition to the above requirements, pay, prior to receiving their identification cards, a license fee as provided for in Chapter
A173, Fees.
Any person violating any of the provisions of this chapter shall,
upon conviction of the summary offense, be subject to a fine of not
more than $300 for each offense or shall be imprisoned for a period
not to exceed 90 days, or both.