[Ord. 32-1979, 11/5/1979, § 1]
This Part shall be known as the "Peddlers and Solicitors Ordinance."
[Ord. 32-1979, 11/5/1979, § 2]
The purpose of this Part is to provide protection of the citizens
and residents of the Township from individuals or organizations who
temporarily come into the Township or who live in the Township or
have a permanent business address in the Township, but set up temporary
places of doing business, or who solicit sales or contributions and
from unreliable operators. The intent of this Part is to require registration
of all such peddlers, solicitors and transient retail merchants so
that if any fraud or improper practice occurs, the identity of the
person shall be available; and further, to establish certain regulations
governing the conduct of solicitors, peddlers and transient retail
merchants while engaged in activities in the Township.
[Ord. 32-1979, 11/5/1979, § 3; as amended by Ord.
09-00, 10/2/2000]
1.
PEDDLER
PEDDLING
SOLICITING
SOLICITOR
TRANSIENT RETAIL MERCHANT
Definitions.
Any person who shall engage in peddling as herein defined.
The 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; or from house to
house; or by visitation to private residences; or by entering in or
upon private property within the said Township.
The seeking or taking of contracts or orders for any goods,
wares, services or merchandise for future delivery, or for subscriptions
or contribution, upon any of the streets or sidewalks; from house
to house; or by visitation to private residences; or by entering in
or upon private property within the Township of Spring and shall further
mean 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 for house or other building improvements or repairs,
upon or from the places aforesaid within the said Township.
Any person who shall engage in soliciting as herein defined.
Any person, firm, corporation or organization, whether residing
or having a permanent address in the township or not, and whether
principal or agent, entering into, beginning, repeating or continuing
a transient retail business for the sale of any goods, wares, merchandise
or services of any nature whatsoever, and who temporarily hires, leases,
occupies or uses any room, apartment, store, shop, building, railway
car or other place, structure or vehicle for the exhibition and sale
of such goods, wares or merchandise or who engages in soliciting,
as defined above.
2.
Interpretation. The words "peddler," "peddling," "solicitor," "soliciting"
or "transient retail merchant" shall not mean or apply to:
A.
To farmers seeking or taking orders for the sale of their own products.
B.
To 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 or milk products.
C.
To 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.
To the seeking or taking of orders, by insurance agents or brokers,
licensed under the insurance laws of the Commonwealth of Pennsylvania
for insurance.
E.
To persons, corporations, partnerships and associations, their agents
or employees who have complied with the provision of the Act of Assembly
of the Commonwealth of Pennsylvania of 1935, P.L. 644, as amended,
governing solicitations for charitable, benevolent, patriotic or other
purposes.
F.
To any person taking orders for merchandise from dealers or merchants
for resale to an ultimate consumer.
G.
A local post, camp, chapter or similarly designated element of a
county unit of such elements of a bona fide veterans' organization,
volunteer fire company, ambulance association or rescue squad association,
provided for all its fund raising activities are carried on by members
of such local post, carried on by members of such local post, chapter
or element.
[Ord. 32-1979, 11/5/1979, § 4]
No person shall engage in soliciting or peddling in the Township
of Spring without first having taken out a license as herein provided.
[Ord. 32-1979, 11/5/1979, § 5]
1.
Every person desiring to engage in soliciting or peddling in the
Township of Spring shall first make application to the Secretary for
a license. If such person shall also be required to obtain a license
from any County officer he shall, in making such application, exhibit
a valid County license. The said application shall be upon a blank
provided by the Township Secretary and shall contain at least the
following information verified by oath or affirmation:
A.
Full name of the applicant and local address, if any.
B.
Permanent address.
C.
Name of employer or a statement that such applicant is self-employed.
D.
The nature of the goods, wares, services or merchandise offered for
sale.
E.
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
therefor.
F.
The type of vehicle to be used, if any.
G.
Upon request, the applicant shall also submit to fingerprinting and
furnish a photograph.
H.
If the applicant is personally known to the Township Secretary, or
is vouched for as to the identity by a person whose word the Township
Secretary will accept, any requirements concerning production of identity
documents may be waived by the Township Secretary, provided the Township
Secretary notes on the application the basis of the knowledge of the
applicant's identity.
I.
In the event the applicant is to hire, engage or be aided and assisted
by any other persons, whether as employees or helpers, all applicable
personal information specified in this section shall be given for
each helper or employee and verified or affirmed by such employee
or helper. Individual licenses shall be required for each employee
or helper.
[Ord. 32-1979, 11/5/1979, § 6]
No license issued under this Part shall be transferable from
one person to another.
[Ord. 32-1979, 11/5/1979, § 7]
No license shall be issued under this Part until a period of
24 hours has elapsed from the time the application has been filed
with the Secretary in order to give the Secretary sufficient time
to make proper investigation before issuing the license.
[Ord. 32-1979, 11/5/1979, § 8; as amended by Ord.
09-00, 10/2/2000]
Licenses shall be issued under this Part upon payment to the
Township Treasurer of an amount as established, from time to time,
by resolution of the Board of Supervisors for each license issued
under this Part. Such license fees shall be payable separately for
each license to be issued, including license for employees, agents
or servants of a licensed employer.
[Ord. 32-1979, 11/5/1979, § 9]
The Township Secretary is hereby authorized to receive applications
and to issue licenses pursuant to the provisions of this Part; provided,
however, that when any transient retail merchant is required to be
licensed by the County of Centre, the Commonwealth of Pennsylvania
or the United States of America, for the purpose of engaging in activities
set forth in any application, if any person be required to engage
in such activities or to transport such goods, wares or merchandise,
or if any goods, wares or merchandise require inspection approval
prior to sale of any governmental body or agency, no license shall
be issued until such other license, permit or proof of inspection
approval shall first be furnished by the applicant.
[Ord. 32-1979, 11/5/1979, § 10]
Licenses granted pursuant to this Part shall be valid for six
calendar months after the date of such license. The license may be
renewed only upon the filing of a new license application and the
payment of a new fee.
[Ord. 32-1979, 11/5/1979, § 11]
Every solicitor, peddler and transient retail merchant shall,
at all times when engaged in such activities in the Township, carry
such a license upon his person and exhibit it upon request to all
citizens with whom the licensee deals, all policy officers and all
Township officials.
[Ord. 32-1979, 11/5/1979, § 12]
1.
No solicitor, peddler or transient retail merchant shall engage in
the selling, peddling or solicitation for sale of any product or service
not set forth in the application and including on such license. In
addition, the following regulations shall apply to all persons:
A.
There shall be no crying or hawking of goods, wares or services within
the Township.
B.
No person shall park any vehicle upon the streets and ways of the
Township for the purpose of sorting, rearranging or cleaning any goods,
wares or merchandise, nor shall any such person park upon such streets
or ways for the purpose of keeping or maintaining a street or curbstone
market place.
[Ord. 32-1979, 11/5/1979, § 13]
No person licensed as a solicitor or peddler under this Part
shall engage in soliciting or peddling on any day of the week before
9:00 a.m. or after 8:00 p.m. During the time of year when Eastern
Standard Time is effective, the aforesaid hours shall be Eastern Standard
Time, and during the time of the year when Daylight Savings Time is
effective, the aforesaid hours shall be Daylight Savings Time.
[Ord. 32-1979, 11/5/1979, § 14]
The Secretary shall keep a record of all licenses issued under
this Part and the Township police shall apply daily for a list of
licenses issued hereunder since the previous day. The Township police
shall supervise the activities of all holders of such licenses.
[Ord. 32-1979, 11/5/1979, § 15]
Any license issued under this Part may be suspended or revoked
at any time by the Secretary of the Township of Spring upon proof
being furnished to him that the application for the license contained
false information or that the applicant or licensee was convicted
of a crime involving moral turpitude after the issuance of such license
and that the licensee was convicted of disorderly conduct under any
law of the Commonwealth of Pennsylvania, or any ordinance of the Township
of Spring.
[Ord. 32-1979, 11/5/1979, § 16]
No person licensed as a solicitor or peddler under this Part
shall hawk or cry his wares or services upon any of the streets or
sidewalks of the Township, nor shall be use any loudspeaker, bell,
whistle or other device for announcing his presence by which the public
is annoyed.
[Ord. 32-1979, 11/5/1979, § 17]
The Township Secretary may, upon proof furnished to him (A)
that the licensee supplied false information on license application;
(B) was convicted of a crime involving moral turpitude after issuance
of license; (C) that the licensee was convicted of disorderly conduct
while engaged in licensed activities after the license had been issued;
or, (D) that the licensee failed to comply with this Part in any manner,
may suspend or revoke any license issued hereunder.
[Ord. 32-1979, 11/5/1979, § 18; as amended by Ord.
58-1989, 3/6/1989, § 2(G); and by Ord. 09-00, 10/2/2000]
Any person, firm or corporation who shall violate any provisions
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
