[HISTORY: Adopted by the Board of Supervisors of the Township of Lancaster 10-21-2013 by Ord. No. 99. Amendments noted where applicable.]
This chapter shall be known as the "Lancaster Township Peddling and Soliciting Ordinance."
The following words, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
LEGAL HOLIDAYS
New Year's Day, Good Friday, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve Day, and Christmas Day.
OFFER FOR SALE
See "sell," below.
PEDDLE
To sell or offer for sale any goods, merchandise, commodities or services for immediate delivery which the person selling or offering the items carries with him in traveling, or has in his possession or control, in, upon or along any public street or alley or public place within the Township or by going from house to house within the Township for such purpose.
PERSON
Any natural person, association, corporation, firm, partnership, organization, or other legal entity.
SELL
Any interaction that primarily proposes a commercial transaction.
SOLICIT
To seek funds or contributions or to seek or take contracts or orders for any goods, merchandise, commodities or services for future delivery in, upon or along any public street or alley or public place within the Township or by going from house to house within the Township for such purpose.
TOWNSHIP
Lancaster Township, Butler County, Pennsylvania.
A. 
It shall be unlawful for any person to engage in peddling and/or soliciting within the Township without having first obtained a permit to do so from the Township.
B. 
The permits granted under this chapter shall be valid for 90 days after the date of issuance. Upon the expiration of any permit, if the permit holder desires to continue or renew peddling or soliciting, he/she shall be required to file a new application for a permit and pay a new permit fee. Upon expiration of the permit or when the permit holder no longer requires the permit, whichever is earlier, the permit holder shall immediately surrender it to the Township.
C. 
The permit when issued shall state, at a minimum, the products or services to be sold or offered for sale, and/or name, address and telephone number of any and all organizations for which funds or contributions are to be solicited.
D. 
Every peddler or solicitor shall, at all times when engaged in peddling or soliciting in the Township, carry the permit upon his/her person and shall exhibit it upon request to all police officers, Township officials and citizens.
E. 
No peddler or solicitor shall engage in selling any products or service or solicit funds or contributions for any organization not expressly listed on the permit.
F. 
The Township shall maintain a record of all permits issued under this chapter.
A. 
No permit is required under this chapter for the following:
(1) 
Religious proselytizing, political speech, and the distribution of handbills.
(2) 
Farmers selling their own produce.
(3) 
Sale of goods, merchandise and/or commodities donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose.
(4) 
Any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk and milk products.
(5) 
Children, under the age of 18 years, taking orders for and delivery of newspapers, greeting cards, candy, bakery products and the like, or who represent the Boy Scouts or Girl Scouts or similar organizations.
(6) 
Persons registered with the Department of State for the Commonwealth under the provisions of the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq., or who are expressly exempted from such registration under such Act.
B. 
Any person claiming any exemption outlined above shall provide the Township with documentation demonstrating that the person qualifies for the exemption.
A. 
It shall be the duty of any person desiring to engage in peddling and/or soliciting to make application to the Township, on forms provided by the Township, fully pay such fees as are required by the Township, and obtain a permit issued by the Township prior to engaging in such activity.
B. 
The application shall contain, at a minimum, the following information:
(1) 
Name, permanent address, telephone number and cell phone number of the person engaging in the activity;
(2) 
Name and address of the person, association, corporation, firm, partnership, organization, or other legal entity by whom the applicant is employed, together with the applicant's immediate supervisor's or other business contact person's name and telephone and fax number or a statement that the applicant is self-employed;
(3) 
If the applicant is a business enterprise of any kind, the official name of the business, any alternate names under which the enterprise conducts business, its state of incorporation/business registration, tax identification number and its registered address for accepting service of process;
(4) 
The type and description of goods, merchandise commodities or services that will be sold or offered for sale and the manner in which they will be sold or offered for sale;
(5) 
The name, address and telephone number of any and all organizations and a point of contact(s) within the organization(s) for which funds or contributions are to be solicited;
(6) 
A statement as to whether or not the applicant has ever been convicted of any crime and, if the answer in the affirmative, the nature of the offenses and the punishment imposed;
(7) 
Length of time for which a permit is required;
(8) 
Copy of the valid registration of any vehicle(s) to be used, if any; and
(9) 
Copy of applicant's valid driver's license if a vehicle is to be used or any valid federal- or state-government-issued picture identification card if a vehicle is not being used.
C. 
It shall be the duty of the Township to investigate the application, with regard to the accuracy of the information on the application.
D. 
The Township shall issue a permit within five days of the filing of a complete application, unless the Township informs the applicant, in writing, that the application is denied.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Denial of permits. The Township may deny a permit upon determining that the applicant is seeking to engage in unsafe, illegal, fraudulent or criminal activity; the application is incomplete or contains false information; or the applicant has been convicted of disorderly conduct or a crime involving moral turpitude. The Township shall provide written notice of denial to the applicant. The notice shall include the reasons for denial and provide notice of the applicant's right to request a formal appeal hearing before the Board of Supervisors.
B. 
Suspension or revocation of permits. Any permit issued under this chapter may be suspended or revoked at any time by the Township upon the determining that the application contained false information; the permit holder was convicted of a crime involving moral turpitude or was convicted of disorderly conduct after the issuance of the permit; or the permit holder has failed or refuses to comply with any of the provisions of this chapter. The Township shall provide written notice of suspension or revocation to the permit holder. The notice shall include the reasons for suspension/revocation, notice of the permit holder's right to request an appeal hearing before the Board of Supervisors and prohibit any further activity until a new permit is issued or the suspension/revocation is finally reversed on appeal. No part of the permit fees shall be refunded to any person whose permit shall have been suspended or revoked. Any person whose permit is suspended or revoked shall immediately surrender it to the Township.
C. 
Transfer of permits. Permits shall not be transferred to another party.
A. 
Any person aggrieved by any decision, determination or action of the Township concerning the administration of the provisions of this chapter may appeal to the Board of Supervisors. Appeals must be filed, in writing, on forms provided by the Township, within 30 calendar days after the decision, determination or action of the Township.
B. 
The applicant shall fully pay the hearing application fee, set by the Board of Supervisors by resolution and as amended from time to time, to the Township at the time the written request for a hearing is submitted to the Township.
C. 
Hearing requests shall state concisely all reasons for the appeal.
D. 
The Board of Supervisors shall hold a public hearing within 30 calendar days after receipt of a timely and complete written request for a hearing. Notice of the time and place at which the appeal will be considered shall be given to all parties.
E. 
Hearings under this section shall be conducted pursuant to the Local Agency Law, 2 Pa.C.S.A. § 551 et seq.
F. 
At the hearing, the applicant and the Township shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
G. 
Any party aggrieved by any decision of the Board of Supervisors may appeal to the Court of Common Pleas of Butler County, as provided by the law.
H. 
The Board of Supervisors may defend its actions during the course of subsequent appeals.
A. 
In order to reserve the right of Township residents to enjoy the peace and tranquility of their homes without unreasonable interruption and annoyance, it shall be unlawful for any person to peddle or solicit in, upon or along any public street or alley or public places of the Township or by going from house to house for such purposes between the hours of 5:00 p.m. and 10:00 a.m., prevailing time, and all day on Sundays and legal holidays.
B. 
It shall be unlawful for any person to engage in peddling and/or soliciting on any private property within the Township if such property is posted with NO SOLICITATION signs prominently displayed on or near the main entrance to the premises or on or near the main door to any residence located thereon. Any such violation will be considered a trespass subject to the criminal laws of the Commonwealth of Pennsylvania.
C. 
No person engaged in peddling and/or soliciting shall:
(1) 
Park any vehicle upon any of the public streets or alleys or public grounds in the Township in order to sort, rearrange or clean any of his goods, merchandise or commodities;
(2) 
Place or dispose of or deposit any refuse upon any of the public streets or alleys or public grounds in the Township; or
(3) 
Maintain or keep a street or curbstone market by parking any vehicle upon any public street or alley or public grounds for longer than necessary in order to sell or distribute therefrom to persons residing or working in the immediate vicinity.
D. 
No person engaged in peddling and/or soliciting shall occupy any fixed location upon any of the public streets, alleys, sidewalks or other public grounds in the Township, with or without any stand or counter. Compliance with all applicable zoning and building code regulations is required.
E. 
No person engaged in peddling and/or soliciting shall hawk or cry his/her wares or services upon any of the public streets, alleys, sidewalks or other public grounds in the Township nor shall be/she use any loudspeaker, bell, whistle or other device for announcing his/her presence.
F. 
No person engaged in peddling and/or soliciting shall enter or attempt to enter any dwelling without the invitation or permission of the occupant and shall immediately leave any premises upon request of the occupant.
G. 
No person engaged in peddling and/or soliciting shall sell any product or solicit funds or contributions for organizations not expressly listed on their permit.
H. 
No person engaged in peddling and/or soliciting shall permit any other person to have possession or use or display their permit and shall immediately report its loss to the Township.
A. 
The Board of Supervisors shall establish, by resolution, a schedule of fees and collect such fees to cover the costs to the Township of administering and enforcing this chapter. The fee schedule may establish different charges for various activities consistent with the administrative and personnel costs necessary to support the permit application review, permit renewal, enforcement and appeal programs. The schedule of fees may be revised from time to time by resolution of the Board of Supervisors. The schedule of fees shall be available for public inspection at the Township office.
B. 
No permit shall be issued unless or until such costs, charges, fees or expenses for the permit have been paid in full by the applicant; nor shall any action be taken on appeal proceedings before the Board of Supervisors unless or until all charges and fees related to the appeal have been paid in full by the applicant.
A. 
Enforcement as a summary offense. this chapter governs and regulates public safety and solicitation and is enforced pursuant to 53 P.S. § 66601(c.1)(2). As such, enforcement of this chapter shall be by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.
B. 
The Township Solicitor may assume charge of the prosecution without the consent of the District Attorney as permitted under the Pennsylvania Rules of Criminal Procedure No. 83(c) (relating to trial in summary cases).
C. 
Any person who shall violate any provision of this chapter shall be guilty of a summary offense. Upon conviction, such person shall be sentenced to pay a fine of not less than $300 and not more than $1,000 per violation. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each section of this chapter which is found to have been violated.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
In addition to or in lieu of summary charges, the Township, through its Solicitor, may institute injunctive, mandamus, or other appropriate action or proceeding at law or in equity for enforcement of this chapter. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus, or other appropriate forms of remedy or relief.
E. 
Nothing contained in this section shall be construed or interpreted to grant any person or entity other than the Township the right to commence an action for enforcement pursuant to this chapter.
This chapter shall not create liability on the part of the Township or any officer or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
The provisions of this chapter are severable. If any sentence, clause, or section of this chapter is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, or sections of this chapter. It is hereby declared to be the intent of the Board of Supervisors that this chapter would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, or section not been included herein.