[1]
Editor's Note: Ordinance No. 1651 superseded and replaced
former Art. III, Peddlers, Hawkers and Solicitors, as adopted by Ord.
No. 1484, § 1, 10-8-2007.
[Ord. No. 1651, 1-14-2019]
It shall be unlawful for any person to engage in commercial
or business solicitation, hawking, peddling and/or canvassing for
the purpose of soliciting orders, sales or subscriptions for any goods,
wares or merchandise, or for the purpose of soliciting or obtaining
any business or commercial information, without first having registered
with and obtained a license from the Township.
[Ord. No. 1651, 1-14-2019]
(a)
Any person seeking such a license, and not exempt by Sec. 16-36,
shall submit a written application to the Township, on a form provided
by the Township, containing the following information:
(1)
The full name of the applicant and local address, if any.
(2)
The place and date of birth.
(3)
The permanent address of the applicant.
(4)
The address at which the applicant will receive notices under
this chapter.
(5)
The name and address of his or her employer or principal, if
any, and the nature of the business activity thereof.
(6)
The nature of the business or activity in which the applicant
wishes to engage within Plymouth Township. This shall include what
items the applicant is selling.
(7)
A statement as to whether the applicant has been convicted in
any jurisdiction of any crime and, if so, where, when, the nature
of the offense and the punishment and penalty imposed therefor.
(8)
A statement as to the name, address and nature of employment
of the applicant's previous two places of employment.
(9)
A copy of valid government-issued photo identification.
(10)
Such other and further information as the Township may deem
relevant and require from time to time.
(b)
The applicant shall, together with the application, and a nonrefundable
fee of $25 made payable to the Township, submit to the Chief of Police
of Plymouth Township his or her photograph and a written description
of himself or herself.
(c)
The Chief of Police aforesaid shall review such application, and,
if approved, a license shall be issued by said Chief of Police as
hereinafter provided.
[Ord. No. 1651, 1-14-2019]
(a)
A door-to-door solicitation license shall not be issued to any person
who:
(1)
Has previously been found guilty of violating any provision
of this chapter.
(2)
Has been convicted, within the seven years preceding the date
of the application for a license, of any theft or theft-related crime,
fraud or any fraud-related crime, or any similar offense tending to
show dishonesty of character.
(b)
A door-to-door solicitation license shall be revoked for any of the
following reasons:
(c)
In the event that a door-to-door solicitation license is revoked
under this section, no administrative or other fees shall be refunded
to the license holder.
[Ord. No. 1651, 1-14-2019]
In addition to providing the aforesaid information, the applicant
shall pay a nonrefundable fee of $25 per license, made payable to
Plymouth Township. Said license shall be issued for a defined period
not to exceed 30 days. Upon submission of said application and after
approval of the same, there shall be issued to the aforesaid applicant
a license in the form of a card which, until revoked or expired, shall
entitle the licensee to engage in the activities described in this
chapter. The aforesaid license shall not automatically renew after
expiration. Upon expiration of any license issued hereunder, each
applicant may submit a new application, along with the required fee,
if the applicant is in good standing and desires to renew the license.
If a license is revoked for any reason provided for in this chapter,
a new license will not be issued for 24 months from the revocation.
[Ord. No. 1651, 1-14-2019]
The following are exempt from the requirement to secure a license when conducting activities consistent with this chapter and are exempt from the provisions of Sec. 16-39.
(a)
Officers or employees of the Township, county, state or federal government,
or any subdivision thereof, when on official business.
(b)
Charitable, religious or nonprofit organizations or corporations
which have received tax-exempt status under 26 U.S.C. § 501(c)(3),
or other similar civic, charitable or nonprofit organizations.
(c)
Representatives of political organizations and political candidates.
(d)
Activities and arrangements having prior consent of the occupant
are exempt from the provisions of this chapter.
(e)
Farmers engaged in selling only the produce of their own farms from
a truck or other vehicle.
[Ord. No. 1651, 1-14-2019]
Every person to whom a license has been issued hereunder shall,
in the carrying on of his or her activity in Plymouth Township, comply
with the following rules of conduct:
(a)
He or she shall carry his or her license card at all times and have
it displayed at all times.
(b)
He or she shall not permit any other person to have possession of
the said license card and shall immediately report its loss to the
Chief of Police.
(c)
He or she shall not cause or permit the license card to be altered
or defaced.
(d)
He or she shall not enter or attempt to enter any dwelling house
without invitation or permission of the occupant and shall immediately
leave any premises upon request.
(e)
He or she shall not represent the aforesaid license card to be an
endorsement of the licensee or of the goods or services of his or
her principal or employer.
(f)
He or she shall immediately surrender the license card upon revocation
of the license as hereinafter provided.
(g)
He or she shall carry at all times a valid government-issued photo
identification.
(h)
He or she shall not park commercial vehicles on residential streets
while engaging in door-to-door solicitation.
(i)
He or she shall not sell any product or type of product not mentioned
in his or her application and license.
(j)
When operating from a vehicle, he or she shall not stop or park such
vehicle upon any of the streets or alleys in the Township for longer
than necessary in order to deliver such goods to persons residing
or working in the immediate vicinity.
(k)
He or she shall not park any vehicle upon any of the streets or alleys
in the Township for the purpose of displaying, selling, sorting, rearranging,
or cleaning any of his or her goods, wares, or merchandise or of disposing
of any carton, wrapping material, or stock, wares or foodstuffs which
have become unsellable through handling, age or otherwise.
[Ord. No. 1651, 1-14-2019]
Solicitation shall only occur within the Township from Monday
through Saturday between 9:00 a.m. and 7:00 p.m. and shall not be
permitted on federal holidays. Canvassers, as defined herein, shall
only engage in the practice of canvassing between the hours of 9:00
a.m. and 9:00 p.m. Such canvassing activities may occur on any day.
[Ord. No. 1651, 1-14-2019]
The owner or lawful occupant of any premises within the Township not desiring to have persons enter onto his/her premises may post on such premises a legible sign stating "No Solicitors," "No Solicitation," or words of similar meaning. Any door-to-door solicitor 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 Sec. 16-44.
[Ord. No. 1651, 1-14-2019]
It shall be unlawful for any person holding an identification
card required by this article to make any false pretense or false
representation, and particularly, it shall be unlawful for such holder
to represent his identification card to be an endorsement by the Township
of himself, his goods or services, or of the goods or services of
his employer.
[Ord. No. 1651, 1-14-2019]
The owner or lawful occupant of any premises within the Township not desiring to have persons enter onto his or her premises may register with the Plymouth Township 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 license under Sec. 16-33. An owner or lawful occupant may register their premises, post according to Sec. 16-39, or both. Door-to-door solicitors who enter onto premises appearing on the registry shall be subject to the penalty provided for in Sec. 16-44.
[Ord. No. 1651, 1-14-2019]
The Township Manager shall provide written notice of revocation
by personal service or registered mail to the address designated in
the application for the license.
[Ord. No. 1651, 1-14-2019]
Any person whose license has been revoked shall be entitled
to appear, with counsel, if he or she so desires, before the Council
of Plymouth Township at a regular or special meeting and be heard
in behalf of a request for reinstatement of the said license. This
written request must be filed with the Township at least seven days
before the next regularly scheduled Council meeting. The Council may
affirm, modify or reverse the Township Manager's revocation of
the license. The decision of the Council shall be final.
[Ord. No. 1651, 1-14-2019]
Any person, firm or corporation who violates or permits a violation
of this chapter shall be guilty of a summary violation and, upon conviction,
shall be sentenced to pay a fine of no more than $1,000, plus all
court costs, including reasonable attorneys' fees, incurred by
the Township in the enforcement of this chapter. Each day a violation
exists shall constitute a separate offense. In default of the payment
of any fine, the defendant shall be sentenced to imprisonment to the
extent allowed by law for the punishment of summary offenses. Further,
the appropriate officers or agents of the Township are hereby authorized
to file a citation for such summary violation and seek any other available
relief at law or equity, including injunction, to enforce compliance
with this chapter.
