[HISTORY: Adopted by the Board of Supervisors of the Township of Fallowfield 12-29-1992 by Ord. No. 123. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 400.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
PEDDLER
Any person who shall engage in peddling as herein defined.
PERSON
Any natural person, association, partnership, firm, organization or corporation.
SOLICITING and PEDDLING
(1) 
SOLICITINGThe seeking or taking 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, from house to house, by visitation to private residences, or by entering in or upon private property, within the Township.
(2) 
PEDDLINGThe selling or offering for sale of any goods, wares, services or merchandise for immediate delivery, which the person selling or offering for sale carries with him in traveling, or has in his possession or control, upon any of the streets or sidewalks, from house to house, by visitation to private residents, or by entering in or upon private property within the Township.
(3) 
The words "soliciting" and "peddling" shall not apply to:
(a) 
Farmers seeking or taking orders for the sale of their own products;
(b) 
The seeking or taking of orders by any manufacturer or producer for the sale of bread and bakery products, meat and meat products or milk and milk products;
(c) 
The sale of goods, wares and merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purposes;
(d) 
Any honorably discharged military veteran of the military service;[1]
(e) 
The seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania for insurance;
(f) 
Persons, corporations, partnerships and associations, their agents or employees, who have complied with the provisions of the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq., as amended, governing solicitations for charitable, benevolent, patriotic or other purposes; or[2]
(g) 
Any person taking orders for merchandise from dealers or merchants, for resale to an ultimate consumer.
SOLICITOR
Any person who shall engage in soliciting as hereinabove defined.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In this chapter, the singular shall include the plural and the masculine shall include the feminine and the neuter.
No person shall engage in soliciting or peddling in the Township without first having taken out a license as herein provided.
A. 
Every person desiring to engage in soliciting or peddling in the Township shall first make application at least 15 days prior to the solicitation to the Secretary of the Board of Supervisors for a license. If such person shall also be required to obtain a license from any county officer, he shall, on making such application, exhibit a valid county license. The application shall be upon a blank provided by the Township Secretary and shall contain at least the following information verified by oath or affirmation:
(1) 
Full name of the applicant and local address, if any;
(2) 
Permanent address;
(3) 
Name of employer or a statement that such applicant is self-employed;
(4) 
The nature of the goods, wares, services or merchandise offered for sale;
(5) 
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 there;
(6) 
The type and license number of vehicles to be used, if any;
(7) 
Upon request, the applicant shall furnish a photograph.
B. 
Where a person makes application for himself and one or more helpers, all applicable personal information specified above shall be given for each helper and verified or affirmed by oath or affirmation by him, and an individual license shall be required for each helper. No license under this chapter shall be transferable from one person to another.
No license shall be issued under this chapter until a fee in compliance with the current state statute [See 53 P.S. § 66532(b).] for each day of proposed soliciting and for each person soliciting shall be paid to the Township Secretary, and it shall be for the use of the Township. A separate application shall be filed and a separate permit fee shall be paid by each person who shall actually conduct the soliciting or peddling, and shall apply where an employer desires to secure licenses for his employees, agents or servants.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The license granted pursuant to this chapter shall be valid for 30 days after the date of such license and, upon the expiration of any license, if the person holding the same shall desire to continue or renew soliciting or peddling, he shall be required to file a new application for a permit and pay a new license fee. Such licenses may be issued, in advance, for consecutive thirty-day periods not exceeding 12 in number, upon payment, in advance, of a fee in compliance with the current state statute [See 53 P.S. § 66532(b).] for each thirty-day period provided in § 272-4.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Such a license, when issued, shall state, inter alia, the products to be sold or services to be rendered by the licensee. Every solicitor or peddler shall at all times, when engaged in soliciting or peddling in the Township, carry such license upon his person and shall exhibit it upon request to all Township-designated law enforcement agencies, Township officials and citizens. No solicitor or peddler shall engage in selling any products or service not mentioned on such license.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No person licensed as a solicitor or peddler under this chapter shall engage in soliciting or peddling on any day of the week before 9:00 a.m. or after 5:00 p.m. During the time of the year when Eastern standard time is effective, the aforesaid hours shall be Eastern standard time, and, during the time of the year when daylight saving time is effective, the aforesaid hours shall be daylight saving time.
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 goods, wares, services or merchandise. No such person shall place or deposit any refuse on any such streets, highways or alleys. No such person shall maintain or keep a street or curbstone market by parking any vehicle upon any street or alley in the Township for any longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.
No person licensed as a solicitor or peddler under this chapter shall occupy any fixed location upon any of the sidewalks of the streets, highways, alleys or sidewalks of the Township for the purpose of soliciting or peddling with or without any stand or counter.
No person licensed as a solicitor or peddler under this chapter shall hawk or cry his wares or services upon any of the streets or sidewalks of the Township, nor shall he use any loudspeaker, bell, whistle or other device for announcing his presence by which the public is annoyed.
The Secretary shall keep a record of all licenses issued under this chapter, and the Township-designated law enforcement agency or Township official shall apply daily for a list of licenses issued hereunder since the previous day. The Township-designated law enforcement agency or Township official shall supervise the activities of all holders of such licenses and make a report thereof each month to the Board of Supervisors.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any license issued under this chapter may be suspended at any time by the Secretary of the Township for violation of any of the provisions of this chapter, or for giving false information on any application for a license hereunder or for the applicant or licensee having been convicted of a crime involving moral turpitude after issuance of such license or for the licensee having been convicted of disorderly conduct under any law of the Commonwealth of Pennsylvania or any ordinance of the Township. Appeals from any suspension may be made to the Board of Supervisors at any time within 10 days after such suspension. No part of a license fee shall be refunded to any person whose license shall have been suspended.
[Amended 4-22-1997 by Ord. No. 144]
A. 
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Each day that a violation is found to exist shall be considered a separate violation.
C. 
The fine shall be in addition to any and all other remedies available at law or in equity, wherein, and not by way of limitation, the Township shall have the right to bring an action in equity to abate and/or cause a termination of said violation or violating condition, wherein the party determined to be responsible shall also be subject to the payment of court costs, attorney's fees and the like. This remedy is in addition to and not in limitation of any other remedy or sanction that is available at law or in equity.
D. 
This chapter or ordinance shall be prosecuted and/or enforced by the Township Zoning Officer, Ordinance Enforcement Officer, any Township-designated law enforcement agency, or any other Township official as previously designated or appointed, including, but not limited to, the Tax Collector.
[Amended 7-29-1997 by Ord. No. 146[2]]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).