[HISTORY: Adopted by the Council of the Borough of Lansdale 6-21-1995 by Ord. No. 1547 (Ch. 54 of the 1972 Code); amended in its entirety at time of adoption
of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Vendors and peddlers — See Ch. 388.
A.
CANVASSER
(1)
(2)
(3)
(4)
(5)
DOOR-TO-DOOR SOLICITATION
DOOR-TO-DOOR SOLICITOR
STREET SALES
As used in this chapter, the following terms shall have these meanings:
One who engages in the practice of canvassing, the practice
of going from dwelling unit to dwelling unit to:
Conduct surveys for research purposes (other than those conducted
by an agency of the state or federal government);
Make analyses, take opinion polls, compile rating data;
Obtain or seek contributions for any person or organization
or cause;
Advertise religious or political causes proselytizing with regard
thereto; or
Conduct any similar work which, by its nature, involves door-to-door
or place-to-place activity, including distribution of circulars, but
not for commercial activity of any kind.
The activity of going onto the premises of other persons
without prior arrangement with the owner or occupant of such premises
for the principal purpose of the sale or taking of orders for future
sales of any type of tangible goods, including, but not limited to,
books, magazines, or other periodicals, or to enter into any agreement
for the provision of services, or any combination of the sale of goods
or provision or services, or the distribution of advertising circulars
relating to the sale of goods or provision of services.
A person engaging in the activity of door-to-door solicitation.
The activity of a person selling any goods from any type
of portable stand or table or in a vehicle located on any street,
roadway or public right-of-way, except a sidewalk abutting a property
of which such person is the owner or a lawful occupant thereof.
A.
Any person or organization intending to engage or to cause persons to engage in the activity of door-to-door solicitation, as defined in this chapter, prior to commencing such activity, shall obtain a permit from the Lansdale Borough Police Department and shall register with the Lansdale Business Tax Office. Such permit shall be issued only after the persons seeking to obtain such permit shall have provided both the form of identification deemed acceptable by the Borough and the current addresses of all persons who shall be engaged as door-to-door solicitors, information which shall be provided under the penalty of law as provided in 18 Pa.C.S.A. § 4904, and shall have completed such registration. In addition, the applicant shall execute an acknowledgment of receipt of the terms of §§ 159-5 and 159-6 of this chapter with respect to private "No Solicitors," "No Solicitation" signs (or similar signs), and the "No Solicitation Registry."
B.
Any person engaging in door-to-door solicitation or any organization employing any door-to-door solicitors that shall engage in such activity without obtaining the required permit shall be in violation of this chapter and shall be liable for the penalty provided in § 159-7.
C.
Permits shall be issued on a daily basis and shall expire at the
end of each day.
D.
The terms of this section shall not apply to:
(1)
Boys or girls under the age of 18 years who take orders for and deliver
newspapers, greeting cards, candy and the like, or who represent the
Boy Scouts and Girl Scouts or similar organizations and take orders
for and deliver cookies and the like.
(2)
Persons defined as "canvassers" herein.
(3)
Bona fide candidates for elective office and/or their representatives.
No person, with the exception of individuals outlined in § 159-2D, shall engage in any door-to-door solicitation and no canvasser shall enter upon the premises of another person prior to 10:00 a.m. or after 6:00 p.m. and there shall be no door-to-door solicitation and/or canvassing on Saturday, Sunday or any holiday. Individuals outlined in § 159-2D shall be subject to the same time restrictions, however may solicit/canvass on Saturday.
No person shall engage in any "street sales" as defined in this
chapter.
The owner or lawful occupant of any premises within the Borough not desiring to have persons enter onto his/her premises may post on such premises a legible sign stating either "No Solicitors," or "No Solicitation." Any door-to-door solicitor or canvasser who shall enter upon the premises in defiance of such sign shall be in violation of this section and shall be liable for the penalty provided for in § 159-7.
The owner or lawful occupant of any premises within the Borough not desiring to have persons enter onto his or her premises may register with the Lansdale Borough Police Department to have his or her address placed on a registry to be distributed to those door-to-door solicitors required to obtain a permit under § 159-2. Door-to-door solicitors who enter onto premises appearing on the registry shall be subject to the penalty provided for in § 159-7.
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 court costs and reasonable attorneys' fees
incurred by the Borough in the enforcement proceedings. Upon judgment
against any person by summary conviction, or by proceedings by summons
on default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the Borough lockup
for a period not exceeding 10 days or to the county jail for a period
not exceeding 30 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.
