No person shall engage in soliciting or peddling in the Township
without first having registered and obtained a license from the Township
Police Department.
No permit or license shall be issued under this chapter until
the proper fees are paid to the Township Treasurer, receipt for which
may be given by the Township Treasurer, Township Manager or any authorized
member of the Marple Township Police Department. Fees for permits
required under this chapter shall be fixed by resolution of the Board
of Commissioners, which may be amended from time to time.
Every person licensed to solicit or peddle in the Township shall
report in person on those days on which he intends to solicit or peddle
and register with the Marple Township Police Department by signing
a registration book, indicating his name and license number.
Every person to whom a license has been issued under this chapter
shall, in the conduct of his activities, comply with the following
rules of conduct:
A. He shall carry his license at all times and exhibit it, upon request,
to any police officer or Township official or to any person on whom
he shall call or with whom he shall talk.
B. He shall not permit any person to have possession of his license
and shall immediately report its loss to the Marple Township Police
Department.
C. He shall not cause or permit his license to be defaced or altered
in any way.
D. He shall not enter or attempt to enter any dwelling without the invitation
or permission of the occupants and shall immediately leave any premises
upon request of the occupant.
E. He shall not be guilty of any false pretense or misrepresentation,
and, particularly, he shall not represent his license to be an endorsement
by the Township (or its agents, servants, workmen or employees) of
such peddler or solicitor, his goods, the services of him or his employer
nor the organization he may represent.
F. He shall immediately surrender his license to the Superintendent
of the Marple Township Police Department, or their designee, upon
expiration or revocation thereof.
G. He shall not engage in selling or offering for sale, or in seeking
or taking of orders or contracts for, any goods, wares, merchandise,
article, device, subscription, contribution, service or contract not
stated in the application for which a license has been issued, nor
shall any person use any vehicle for soliciting or peddling other
than the vehicle registered upon his license.
H. No person engaged in soliciting or peddling shall hawk or cry his
goods, wares, merchandise, offers, contracts or services upon any
of the streets or sidewalks of the Township, nor shall he use any
loudspeaker, except when the street is closed for a special event
and a license for the said soliciting or peddling has been duly issued
by the Township.
I. No person engaged in soliciting or peddling shall hawk or cry his
goods, wares, merchandise, offers, contracts or services upon any
of the streets or sidewalks of the township, nor shall he use any
loudspeaker or horn or any other device for announcing his presence
by which members of the public are annoyed.
J. No person engaged in soliciting or peddling shall park any vehicle
upon any of the streets or alleys of the Township in order to sort,
rearrange or clean any of his goods, wares or merchandise or samples,
order books, contracts, circulars, literature or advertising matter
pertaining thereto; nor shall any such person place or deposit any
refuse upon any such streets or alleys or sanitary or storm sewers;
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 solicit from or peddle to persons
residing or businesses located in the immediate vicinity.
K. No person engaged in soliciting or peddling shall occupy any fixed
location upon any of the streets or alleys or sidewalks of the Township
for the purpose of soliciting or peddling with or without any stand
or counter.
Upon the failure of the licensee to comply with the rules of conduct established by §
200-7 or any other provision of this chapter or upon ascertainment that the licensee has made any false statement in his application for license hereunder, any license issued pursuant to this chapter shall be revoked by the Superintendent of the Marple Township Police Department, or his designee. Notice of revocation shall be given by written notice, personally served or sent by certified mail, to the address designated for this purpose in the application for a license.
Any other provisions of this chapter to the contrary notwithstanding, any person, corporation, partnership or association, and the agents and employees thereof, who or which has complied with the provisions of and can exhibit satisfactory evidence of compliance with the Pennsylvania Solicitation of Funds for Charitable Purposes Act, 10 P. S. § 162.1 et seq., as amended, or Section 501(c), 501(d) and/or 509(a) of the Internal Revenue Code or any other statute of like nature of the Commonwealth of Pennsylvania or the United States governing solicitation for charitable, benevolent, patriotic or any purposes or who or which is soliciting for any civic, religious or charitable organizations representative of any public school, student, church, fire company, veterans' organization or similar institution shall be permitted, in lieu of the registration heretofore required, to register his or its solicitors and peddlers acting for and on behalf of such organization or association by the submission of the names and addresses (and pictures if requested) of all persons acting for and on behalf of such organization, together with a certification by the person submitting such list that all of the persons whose names appear on such lists are members of such organization and/or are acting on its behalf and have no criminal record as provided in §
200-5C hereof. Such group registrations shall be exempt from the fee provided herein.
The following organizations and activities shall not be required
to register or pay the fee set forth herein. All other provisions
of this chapter shall apply to said persons, organizations and activities:
A. The terms of this chapter shall not be held to include the acts of
merchants or their employees or agents in delivering goods or services
in the regular course of business.
B. Persons who have been licensed by the Commonwealth of Pennsylvania to engage in an activity described in §
200-1 hereof, when so engaged, including, without limitation, real estate, insurance or securities brokers and salesmen.
C. Persons soliciting funds or canvassing for purposes permitted under
the Act of 1937, June 3, P.L. 1333 (25 P.S. § 2601 et seq.),
as amended (Pennsylvania Election Code).
D. Authorized persons, carrying satisfactory identification, engaged
m making surveys or collecting information for the federal, state,
county or Township government, or any agency thereof.
E. Residents of the Township under 18 years of age who take orders for and deliver newspapers, greeting cards, magazines, candy and other items on behalf of an organization of a type listed in §
200-9 of this chapter.
It is hereby declared to be unlawful and a public nuisance for
any person, company, corporation or organization to enter upon the
premises of a private residence or business at any time of the day
or night for the purpose of conducting any form of soliciting or peddling
where the owner or occupant of the residence or business has posted
a "No Trespassing" sign or a "No Soliciting" sign, or upon any property
duly registered by the occupant/possessor thereof on the Township's
"Do Not Solicit" list, which shall be maintained by the Superintendent
of the Marple Township Police Department and a copy provided to the
applicant with the license.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction thereof, be punishable by a fine of not more
than $1,000, plus costs of prosecution, and in default of payment
of such fine and costs by imprisonment for not more than 30 days.
Each and every day in which any person, firm or corporation shall
be in violation of this chapter shall constitute a separate offense.