[Ord. 160-2010, 10/4/2010]
1. For the purposes of this Part, the following terms shall have the
meanings set forth below, unless a different meaning clearly appears
from the context:
CANVASS
The act of going upon property or approaching people to discuss
or explain issues, which shall include religious proselytizing, exercising
an individual's freedom of speech or campaigning for political
votes, that does not include the request for contributions or donations
or the sale of goods or products.
CANVASSER
A person who engages in canvassing.
PEDDLE
The act of going upon property or approaching people to sell
goods, services or products.
PEDDLER
A person who engages in peddling.
PERSON
Any natural person, corporation, association or organization.
SOLICIT
The act of going upon property or approaching people to ask
for, request or seek monetary contributions, donations or support.
SOLICITOR
A person who engages in soliciting.
2. The singular shall include the plural and the masculine shall include
the feminine and neuter.
[Ord. 160-2010, 10/4/2010]
1. It shall be unlawful for any person to go upon residential property
within the Township of Charlestown, without being invited to do so
by the owners or occupants of the subject property, to peddle and/or
solicit Township residents by knocking upon residential doors, or
by ringing doorbells, or otherwise so as to cause or attempt to cause
residents to open their doors unless the person doing the peddling
and/or soliciting activity has first registered at the Township Building
and has received an identification card from the office of the Chief
of Police of the Township of Charlestown.
2. The following individuals shall be exempt from the registration requirement set forth in Subsection
1 above and the identification card requirement of §
13-103 below:
A. Children under 18 years of age soliciting or peddling on behalf of
a nonprofit, school or governmental organization.
B. Persons soliciting on behalf of a nonprofit or neighborhood organization
for either donations to, or membership in, such organization.
3. No identification card shall be issued to a peddler or solicitor
unless the following information is given by the applicant:
A. Full identification, including proof thereof by voter's registration
card, vehicle operator's license or some other accepted method
of identification, containing applicant's photograph, residence
and office address.
B. The name of the organization for which the applicant is peddling
and/or soliciting, together with the address of that organization.
C. The length of time the peddling and/or soliciting is to be carried
on.
D. Any criminal record which the applicant may have.
4. Fees for registration under this Part shall be established, from
time to time, by resolution of the Board of Supervisors.
[Ord. 160-2010, 10/4/2010]
Peddlers and/or solicitors regulated by this Part shall carry
their identification card, which shall be issued by the Chief of Police
without charge, at all times while peddling and/or soliciting within
the Township and shall show their identification card to residents
in order to identify themselves prior to any actual peddling and/or
soliciting activities.
[Ord. 160-2010, 10/4/2010]
1. All peddling, soliciting and/or canvassing activities shall, in the
case of residential door-to-door or house-to-house calling, be restricted
to the following hours:
A. From November 1 through March 31: between the hours of 9:00 a.m.
to 5:00 p.m., prevailing time, including Saturdays and Sundays.
B. From April 1 through October 31: between the hours of 9:00 a.m. to
9:00 p.m., prevailing time, including Saturdays and Sundays.
[Ord. 160-2010, 10/4/2010]
In the event that any peddler and/or solicitor is found to have
been convicted of any felony or misdemeanor involving moral turpitude,
he or she maybe denied an identification card or the identification
card may be revoked or canceled by the Board of Supervisors after
a hearing before the Board of Supervisors. In the event that any peddler
and/or solicitor provides any false or misleading information concerning
his or her identification or the identity of the organization for
which the peddling and/or soliciting is being done, the identification
card issued to that peddler and/or solicitor may be revoked by the
Board of Supervisors after a hearing before the Board of Supervisors.
[Ord. 160-2010, 10/4/2010]
Soliciting shall be permitted at any business establishment
and upon any business properties, such as shopping center parking
lots, during normal business hours, as long as the solicitors receive
written permission from the owner of the subject business or property
and comply with the registration, identification card and hour restrictions
referenced in this Part.
[Ord. 160-2010, 10/4/2010]
1. Township residents may post or display "No Soliciting/Peddling/Canvassing"
or similar signs, not to exceed 80 square inches in size, on the front
door of their dwelling or residence. It shall be a violation of this
Part for any peddler, solicitor and/or canvasser to go upon any property
that the owner or resident has posted a "No Soliciting/Peddling/Canvassing
Sign."
2. The Chief of Police shall maintain a list of the addresses of Township
residents who have notified the Chief of Police in writing that they
do not wish peddlers and/or solicitors to enter upon their property.
A copy of this "No Soliciting/Peddling List" shall be provided along
with and as part of any identification card issued under this Part.
It shall be a violation of this Part for a peddler and/or solicitor
to go upon any property listed on the "No Soliciting/Peddling List."
3. Violations of this section are subject to the penalties set forth in §
13-108 hereof, in addition to any other appropriate actions in law or equity, including prosecution for criminal trespass pursuant to the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 3503, as amended.
[Ord. 160-2010, 10/4/2010]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge 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 no less than $100 nor 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. In
addition to any other remedy available under law, the Township may
enforce this Part by an action in equity. All fines and penalties
collected for violation of this Part shall be paid to the Township
Treasurer. The initial determination of violation and the service
of notice of violation are hereby delegated to the Township Manager,
the Police Chief, the Code Official/Building Inspector, the Zoning
Officer, the Code Enforcement Officer and their designees and to any
other officer or agent that the Township Manager or the Board of Supervisors
shall deem appropriate.