[Ord. 19, 2/11/1956; as amended by Ord. 517, 9/19/2007; and by Ord. 561, 4/25/2012]
1.
PEDDLER
PEDDLING AND SOLICITING
A.
B.
(1)
(2)
(3)
(4)
(5)
(6)
PERSON
SOLICITOR
As used in this Part, the following terms shall have the meanings
indicated:
Any person who shall engage in peddling, as herein below
defined.
Includes:
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PEDDLINGThe transient selling or offering for sale, not at a fixed location, of any goods, wares, services or merchandise for immediate delivery, including activities traditionally known as a door-to-door sales, which the person selling or offering for sale carries with him in traveling or has in his possession or control upon any of the streets or sidewalks or from house-to-house or by visitation to private residences or nonresidential property within the Township.
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SOLICITINGThe advertising of services by leaflets, flyers, handbills and the like; seeking or taking of contracts or orders for any goods, wares, services or merchandise for future delivery, or for subscriptions or contributions by one who is peddling; or, the seeking or taking of contracts or orders for home or other building repairs, improvement and alterations, and also orders or contracts for any mechanical, electrical, plumbing or heating device or equipment for houses, or other building improvements or repairs, upon or from the places aforesaid within the Township.
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The words "peddling" and "soliciting" shall not apply:
To farmers seeking or taking orders for the sale of their own
products.
To the seeking or taking of orders by any manufacturer or producer
for the sale of bread and bakery products, meat and meat products
or milk or milk products.
To 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.
To the seeking or taking of orders for insurance by insurance
agents or brokers licensed under the insurance laws of the Commonwealth
of Pennsylvania.
To persons, corporations, partnerships and associations, their
agents or employees, who have complied with the provisions of the
Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1
et seq.
To any person taking orders for merchandise from dealers or
merchants for resale to an ultimate consumer.
Any natural person, association, partnership, firm, organization
or corporation.
Any person who shall engage in soliciting as hereinabove
defined.
2.
Word Usage. In this Part, the singular shall include the plural,
and the masculine shall include the feminine and the neuter.
[Ord. 19, 2/11/1956]
No person shall engage in soliciting or peddling in the Township
of Northampton without first having taken out a license as herein
provided.
[Ord. 19, 2/11/1956; as amended by Ord. 574, 11/19/2014]
1.
Every person desiring to engage in soliciting or peddling in the
Township of Northampton shall first make application to the Secretary
of the Board of Supervisors for a license. If such person shall also
be required to obtain a license from any county officer, he shall,
on making such application, exhibit a valid County license. The said
application shall be upon a blank provided by the Township Secretary
and shall contain at least the following information, verified by
oath or affirmation;
A.
Full name of the applicant and local address, if any.
B.
Permanent address.
C.
Name of employer or a statement that such applicant is self-employed.
D.
The nature of the goods, wares, services or merchandise offered for
sale.
E.
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 or punishments imposed
therefor.
F.
The type of vehicle to be used, if any.
G.
A statement permitting the Township to conduct both a criminal background
check and a child abuse clearance check of the applicant and any other
person assisting in soliciting and/or peddling in the Township.
2.
Upon request, the applicant shall furnish a photograph.
[Amended by Ord. No. 612, 12/15/2021]
3.
Where a person makes application for himself and one or more helpers,
all applicable personal information specified above shall be given
for each helper and verified or affirmed by oath or affirmation by
him and an individual license shall be required for each helper. No
license under this Part shall be transferable from one person to another.
[Ord. 19, 2/11/1956; as amended by Ord. 49, 11/24/1961; by Ord. 361, 4/2/1993; and by Ord.
561, 4/25/2012]
1.
No license shall be issued under this Part until the prescribed fee
shall be paid to the Township Secretary, for the use of the Township.
A separate application and separate license fee shall be required
for each solicitor or peddler employed or engaged in the soliciting
for or peddling of a person's goods, wares, merchandise or services.
2.
License fees for solicitors or peddlers shall be set by resolution
of the Board of Supervisors, from time to time.
3.
It shall be unlawful to continue to solicit or peddle within Northampton
Township after the expiration of a license; a new application form
must be submitted with the required fee to obtain a renewal license.
[Ord. 19, 2/11/1956]
Such 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 of Northampton, carry such 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 product or service not mentioned on such license.
[Ord. 19, 2/11/1956; as amended by Ord. 574, 11/19/2014]
No person licensed as a solicitor or peddler under this Part
shall engage in soliciting or peddling on any day of the week before
9:00 a.m. or after sunset. During the time of the year when Eastern
Standard Time is effective, the aforesaid hours shall be Eastern Standard
Time, and during the time of the year when daylight saving time is
effective, the aforesaid hours shall be Daylight Saving Time.
[Ord. 19, 2/11/1956]
No person licensed as a solicitor or peddler under this Part
shall park any vehicle upon any of the streets, highways or alleys
of the Township in order to sort, rearrange or clean any of his goods,
wares, services or merchandise; nor shall any such person place or
deposit any refuse on any such streets, highways or alleys; nor shall
any such person maintain or keep a street or curbstone market by parking
any vehicle upon any street or alley in the Township for longer than
necessary in order to sell therefrom to persons residing in the immediate
vicinity.
[Ord. 19, 2/11/1956]
No person licensed as a solicitor or peddler under this Part
shall occupy any fixed location upon any of the streets, highways,
alleys or sidewalks of the Township for the purpose of soliciting
or peddling, with or without any stand or counter.
[Ord. 19, 2/11/1956]
The Secretary shall keep a record of all licenses issued under
this Part, and the Chief of Police shall apply daily for a list of
licenses issued hereunder since the previous day. The Chief of Police
shall supervise the activities of all holders of such licenses.
[Ord. 19, 2/11/1956; as amended by Ord. 49, 11/24/1961]
1.
Any license issued under this Part may be suspended or revoked at
any time by the Board of Supervisors upon proof being furnished to
it of the following causes:
A.
The application for the license contained false or misleading information.
B.
The applicant or licensee was convicted of a crime involving fraud,
misappropriation of funds or property or moral turpitude after the
issuance of the license.
C.
The applicant or licensee engaged in any false, misleading or fraudulent
selling, soliciting or peddling during the term of such license.
D.
The applicant or licensee harassed, annoyed or badgered the residents
and inhabitants of the Township during the term of such license.
E.
The licensee was convicted of disorderly conduct or disturbing the
peace under any law of the Commonwealth of Pennsylvania or any ordinance
of the Township of Northampton.
[Ord. 19, 2/11/1956; as amended by Ord. 49, 11/24/1961]
It shall be unlawful for any solicitor or peddler to engage
in false, misleading or fraudulent selling, soliciting or peddling
or to harass, annoy or badger any resident within the Township of
Northampton, subject to the fines and penalties set forth in this
Part.
[Ord. 19, 2/11/1956]
No person licensed as a solicitor or peddler under this Part
shall hawk or cry his wares or services upon any of the streets or
sidewalks of the Township, nor shall be use any loudspeaker, bell,
whistle or other device for announcing his presence by which the public
is annoyed.
[Ord. 19, 2/11/1956; as amended by Ord. 211, 5/9/1984, § 95-13; by Ord. 285, 2/22/1989; by Ord. 561, 4/25/2012;
by Ord. 567, 11/12/2013; and by Ord. 572, 9/17/2014]
1.
In the event of a violation of this Part, any police officer of the
Township of Northampton may present to the owner, tenant or occupant
a notice indicating the nature of the offense and bearing the statement
that no prosecution shall be instituted for 48 hours hereafter if,
during said forty-eight-hour period, the offender shall voluntarily
appear at the office of the Police Department of the Township of Northampton,
50 Township Road, Richboro, Pennsylvania 18954, and voluntarily enter
a plea of guilty and pay a penalty of $25 for the first offense, $50
for the second offense, and $75 for the third offense to the Township.
In the event such persons fail to comply with such notice, the offense
will thereafter be prosecuted and the penalty collected in a manner
prescribed by existing laws.
2.
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 not 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.
