This chapter is being enacted for the following purposes:
A. To control the nuisances and inconvenience resulting from soliciting
and/or peddling within Scott Township.
B. To regulate solicitation and peddling within Scott Township by providing
for the issuance of licenses for said acts.
[Amended 10-10-1995 by Ord. No. 1-1995]
Unless otherwise expressly stated, the following words shall,
for the purpose of this chapter, have the meanings herein indicated:
PEDDLER
Any person engaged in the act of peddling, as defined within
this section.
PEDDLING
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 public highways, streets or sidewalks or
from house to house or by visitation to private residences or by entering
in or upon private property within the Township.
SOLICITING
The 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 or from house
to house or by visitation to private residences or entering in or
upon private property, except at the request of the property owners,
within the Township.
SOLICITOR
Any person engaged in the act of soliciting, as defined within
this section.
TOWNSHIP
Scott Township, Columbia County, Pennsylvania.
This chapter shall not apply, and no license fee shall be charged
to:
A. Farmers seeking or taking orders for the immediate sale of their
own products.
B. Persons taking orders for merchandise from dealers, distributors,
manufacturers or merchants for resale to an ultimate consumer, dealer
or distributor.
C. Any school student attending any school district serving the Township.
D. Organizations which solicit only within the membership of the organization
by the members thereof.
E. The sale of goods, wares and merchandise donated by the owners thereof,
the proceeds whereof are to be applied to any charitable or philanthropic
purpose.
F. Any manufacturer or producer in the sale of bread and bakery products,
meat and meat products or milk and milk products.
G. Children under the age of 18 years who take orders for and deliver
newspapers, greeting cards, candy, bakery products and the like or
who represent the Boy Scouts or Girl Scouts or similar organizations.
H. The seeking or taking of orders by insurance agents or brokers licensed
under the insurance laws of the Commonwealth of Pennsylvania.
I. Any person who has complied with the provisions of the Solicitation
of Charitable Funds Act, August 9, 1963, P.L. 628, 10 P.S. § 61
(1982), hereafter amended, supplemented, modified or reenacted
by the General Assembly of Pennsylvania, and who procures from the
Prothonotary a certificate in pursuance of the Act of 1867.
J. Providing estimates for the repair, remodeling or construction of
properties; provided, however, that the contractor providing the estimate
is initially contacted by the property owner and requested to provide
an estimate.
[Amended 10-10-1995 by Ord. No. 1-1995]
No person shall engage in soliciting or peddling in the Township
without first having obtained a license as provided in this chapter.
[Amended 10-10-1995 by Ord. No. 1-1995]
A. Every person desiring to engage in soliciting or peddling in the
Township shall first make application to the Township Secretary for
a license. The application shall be made on a form provided by the
Township and shall contain the following information:
(1) The full name, address and telephone number of the applicant.
(2) The name, address and telephone number of the employer or a statement
that such applicant is self-employed.
(3) The nature of the goods, wares, services or merchandise offered for
sale and the manner in which it will be offered.
(4) 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 imposed.
(5) The type and license number of vehicle to be used, if any.
(6) The length of time for which the license is to be issued.
B. Where an individual makes application for himself and one or more
other individuals, all applicable personal information specified above
shall be given for each individual and verified or affirmed by oath
or affirmation by the individual to be licensed. An individual license
shall be required for each solicitor or peddler. No license under
this chapter shall be transferable from one individual to another.
No person shall engage in any transient retail business or engage
in any peddling or soliciting within the Township without first having
obtained from the Scott Township Secretary a license for which a fee
shall be charged, which shall be established pursuant to a resolution
of the Board of Supervisors.
The 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 the license upon his person and shall exhibit
it upon request to all police officers, Township officials and citizens.
No solicitor or peddler shall engage in selling any products or services
not mentioned on such license.
[Amended 10-10-1995 by Ord. No. 1-1995]
No person licensed to engage in peddling or soliciting within
the Township shall:
A. Sell any product or type of product not mentioned in his license.
B. Hawk or cry his wares upon any of the streets, alleys, sidewalks
or public grounds in Scott Township, Columbia County, Pennsylvania.
C. When operating from a vehicle, stop or park such vehicle upon any
of the streets or alleys in Scott Township, Columbia County, Pennsylvania,
for longer than necessary in order to sell therefrom to persons residing
or working in the immediate vicinity.
D. Park any vehicle upon any of the streets or alleys in the Township
for the purpose of sorting, rearranging or cleaning any of his goods,
wares or merchandise or of disposing of any carton, wrapping material
or stock, wares or foodstuffs which have become unsalable through
handling, age or otherwise.
E. Engage in any business activity, except by prior appointment, at
any time before 9:00 a.m. or after 8:00 p.m.
The Scott Township Secretary shall supervise the activities
of all persons holding licenses under this chapter. He shall keep
a record of all licenses hereunder and shall make a report thereof
each month to the Board of Supervisors.
The Scott Township Secretary is hereby authorized to deny, suspend
or revoke any license issued under this chapter when he deems such
denial, suspension or revocation to be beneficial to the public health,
safety or morals or for violation of any provision of this chapter
or for giving false information upon any application for a license
hereunder. Appeals from any suspension, revocation or denial of a
license may be made to the Board of Supervisors at any time within
10 days after such suspension, revocation or denial, and a hearing
shall be held within 30 days of the petition for appeal. No part of
a license fee shall be refunded to any person whose license shall
have been suspended or revoked.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600 and, in default of payment, to imprisonment
for not more than 30 days. Each day that a violation of this chapter
continues shall constitute a separate offense.