[Ord. 2009-9, 8/6/2009, § 1]
1.
Findings. The Lower Macungie Township Board of Commissioners has
determined that the safety and privacy of Township residents, particularly
the elderly, may be jeopardized by fraudulent schemes to sell goods
and services to Township residents, and that it is in the best interest
of the Township to differentiate between certain categories of peddlers
and solicitors.
2.
Purposes. It is the purpose and intent of this Part to provide the
Township with standards defining and regulating peddling and soliciting.
These standards are intended to protect the safety and privacy of
the residents of Lower Macungie Township by regulating the behavior
of peddlers and solicitors and by limiting peddler's and solicitor's
access to residents who do not wish to interact with them.
[Ord. 2009-9, 8/6/2009, § 1]
The following words shall have the following meanings when used
in this Part, unless the context requires otherwise:
A peddler's or solicitor's license issued in accordance
with the provisions of this Part.
To engage in the peddling, soliciting, hawking, vending,
taking of orders (either by sample or otherwise), selling, or offering
for sale any commercial services, goods, wares, merchandise, printed
matter, or food products by visitation to private homes or residences
without the direct invitation of the inhabitants thereof, or on the
public streets or highways of the Township. Provided, the word "peddling"
shall not apply to:
Farmers selling their own produce.
The sale of goods, wares and merchandise, donated by the owners
thereof, the proceeds whereof shall be applied to any charitable or
philanthropic purpose (but in no event to an organization which seeks
to affect legislation).
Any manufacturer or producer of bread and bakery products, meat
and meat products, or milk and milk products.
Any person engaged in peddling.
Any individual, joint venture, association, partnership,
trust, corporation, or other legal entity.
To engage in the solicitation of any money or gift of any
services, goods, wares, merchandise, or other articles of value by
visitation to private homes or residences without the direct invitation
of the inhabitants thereof, or on the public streets or highways of
the Township, whether or not accompanied by the dissemination of information.
Any person engaged in soliciting.
Any street, road, highway, or alley and shall include the
sidewalk within the lines of or alongside of the same.
[Ord. 2009-9, 8/6/2009, § 1]
Any person who is the owner or lawful occupant of private property
within the Township may prohibit the practice of going in or upon
the private property of such owner or occupant by peddlers or solicitors
by posting upon such property a sign which reads "No Peddling or Soliciting,"
or substantially similar language in a location which is reasonably
visible to persons who intend to enter upon such property. Residents
may obtain such a sign from the Township at a cost to be set by separate
resolution of the Lower Macungie Township Board of Commissioners.
[Ord. 2009-9, 8/6/2009, § 1]
Any and all peddlers and solicitors are prohibited from entering
upon any property that is posted with a "No Peddling or Soliciting"
sign and may be prosecuted for trespassing. If such sign is posted,
the peddler or solicitor, whether licensed in accordance with this
Part or not, shall immediately and peacefully depart from the property.
[Ord. 2009-9, 8/6/2009, § 1]
1.
Every peddler and solicitor, whether licensed in accordance with
this Part or not, shall, in the carrying on of his or her business
or activities in the Township, comply with the following rules of
conduct:
A.
The peddler or solicitor shall carry official identification, such
as a driver's license, upon his or her person at all times and
shall exhibit it upon request of any person to whom the peddler or
solicitor is attempting to peddle or solicit to.
B.
The peddler shall not enter or attempt to enter any dwelling house
or place of business without invitation or permission of the occupant
and shall immediately leave the premises upon request.
C.
The peddler or solicitor shall only engage in peddling or soliciting
within the Township on Monday through Saturday during daylight hours.
No peddling or soliciting shall be allowed on Sundays or on any state
or federal legal holidays.
D.
The peddler or solicitor shall not call out or shout to sell his
or her services or goods, nor shall the peddler or solicitor use any
loudspeaker or horn or other device for announcing his or her presence
by which the public is annoyed.
E.
The peddler or solicitor shall not occupy any fixed location upon
or along any of the streets, alleys, or sidewalks of the Township
for the purpose of peddling or soliciting, with or without any stand,
counter, or cart.
F.
The peddler or solicitor shall not peddle or solicit in any Township
park without first acquiring a permit from the Township.
G.
The peddler or solicitor shall not park any vehicle upon or along
any of the streets, alleys, or sidewalks of the Township for the purpose
of sorting, rearranging, or cleaning any of his or her goods, wares,
or merchandise or for the purpose of disposing of any carton, wrapping
material, stock, wares, or foodstuffs.
H.
The peddler or solicitor shall not operate from or use in conjunction
with his or her activities any vehicle with a gross vehicle weight
rating of 19,501 pounds or larger.
I.
The peddler or solicitor shall not engage in any activity that creates
a public nuisance, disrupts traffic, and/or disturbs the peace and
tranquility of the Township.
[Ord. 2009-9, 8/6/2009, § 1]
1.
No person shall engage in peddling or soliciting in the Township
of Lower Macungie without first having obtained a license to so peddle
or solicit, respectively, as more fully set forth in this Part.
A.
Any person desiring to engage in peddling or soliciting within the
Township must first make application to the Township for a license.
The Township may require such information in conjunction with this
application as it deems appropriate, including, but not limited to:
name and address; prior criminal record; name of employer; fingerprinting;
photograph; the nature of the goods, wares, or merchandise that are
intended to be peddled or the use to which funds solicited shall be
put; the period of time the applicant intends to peddle or solicit;
the type of vehicle(s) that the applicant uses, if any, and the license
number(s) thereof; the place where the applicant was engaged in peddling
or soliciting immediately prior to filing this application, if any;
the place where the applicant intends to go after completion of the
peddling or soliciting in the Township of Lower Macungie; and type
of solicitation being made to the public. In addition, if an applicant
is also required to obtain a license or permit from any County office,
the applicant shall provide a copy of a valid county license or permit
to the Township in conjunction with the application for a license.
B.
Each individual intending to peddle or solicit within the Township
shall make personal application for a license.
C.
Before issuing a license, the Township, in its sole discretion, may
require an investigation of the applicant to obtain sufficient proof
that the applicant is of good business and/or moral character and/or
to confirm the accuracy of representations made in each such application.
By submitting an application for a license, the applicant agrees to
await a reasonable amount of time for such investigation, which investigation
may take no more than 10 business days from the date of application.
If, as a result of such investigation, the applicant's business
or moral character is found to be unsatisfactory or any representation
is found to be false or misleading, the Township shall notify the
applicant that such application has been disapproved and that no license
shall be issued.
D.
No license issued under this Part shall be transferable from one
person to another.
E.
All fees for licenses shall be set by separate resolution of the
Lower Macungie Township Board of Commissioners.
F.
All licenses issued by the Township shall be exhibited in clear view
by the person peddling or soliciting at all times, and it shall not
be altered or used by any other person except the licensee.
G.
All licenses shall expire after 90 days but may be renewed for additional
ninety-day periods by request to the Township.
H.
The issuance of a license grants the licensee the privilege of conducting
such business or activity as is permitted by the license within the
Township. The issuance of a license does not confer any property right
upon the licensee.
[Ord. 2009-9, 8/6/2009, § 1]
1.
Persons engaged in door-to-door canvassing on religious or political
subjects, or distributing religious or political handbills shall be
exempt from the license requirements of this Part. All such persons,
however, shall carry official identification, such as a driver's
license, upon his or her person at all times and shall exhibit it
upon request of any person to whom the peddler or solicitor is attempting
to peddle to or solicit.
2.
The application and license requirements may be waived by the Township
for persons soliciting or peddling on behalf of organizations of purely
public charities, such as local churches, scout troops, civic and
service organizations, fire companies, athletic organizations, and
the like; provided, however, that any such group must notify the Township
in writing in advance of any such peddling or solicitation setting
forth the dates of such peddling or solicitation will take place within
the Township.
3.
Any person who is required to register with the Commonwealth of Pennsylvania
in connection with peddling or soliciting for any charitable organization,
shall carry proof of this registration upon his or her person at all
times and shall exhibit it upon request of any person to whom the
peddler or solicitor is attempting to peddle to or solicit.
[Ord. 2009-9, 8/6/2009, § 1]
The Township is hereby authorized to suspend or revoke any license
issued under this Part for any violation of any of the provisions
of this Part, or for giving false information upon any application
for a license. The Township is further authorized to refuse a license
to any person with a prior criminal record and to any other person
who would present a threat of harm or danger to the citizens of Lower
Macungie Township.
[Ord. 2009-9, 8/6/2009, § 1; as amended by Ord.
2011-12, 10/6/2011]
1.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof, shall be sentenced to pay a fine
of not more than $1,000 plus costs. 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.
2.
Notwithstanding anything herein to the contrary, any suit for financial
penalty brought by or on behalf of Lower Macungie Township against
a violator under this Part shall in no way constitute an election
of remedies, and the Township, and any other person having a cause
of action against this violator, shall be entitled to pursue any such
remedies against this violator as provided by law or in equity.
