For the purpose of this article, and as needed herein, the following
words shall have the following meanings:
APPLICANT
Any person who applies for a license in accordance with the
terms and provisions of this article.
LICENSEE
Any person who has applied for, has been issued and holds
a license in accordance with the terms and provisions of this article
or pursuant to state statutes.
NO PEDDLING AND NO SOLICITING LIST
The Office of the Township Clerk shall collect, prepare and
maintain a list of addresses of those premises where the owner and/or
occupant has notified the Township Clerk that soliciting and peddling
are not permitted on his/her premises. To be included on the list,
residents shall notify the Township Clerk in writing.
PEDDLER, ITINERANT MERCHANT OR SOLICITOR
Any person, including Township residents, traveling from
place to place within the Township, from house to house, or from street
to street, for the purpose of carrying, conveying or transporting
merchandise, goods, or wares of any type and offering and exposing
the same for sale, or making sales and delivering articles to a purchaser,
or offering, whether in conjunction with goods or wares or not, the
sale of services of any type. The definition of "peddler" shall also
include any commercial, charitable, or religious activity which includes
any activity to seek contributions or obtain information, or take
or attempt to take orders for sale of goods, services, wares and merchandise,
personal property of any nature whatsoever for future delivery, or
for services to be furnished or performed in the future, whether or
not the individual has, carries or exposes for sale a sample of the
subject of the sale, and whether or not the person accepts advance
payment for the goods or services. "Peddler" shall not include persons
offering goods or services to retail merchants.
PERSON
Any individual, organization, trust, foundation, association,
partnership, corporation, society or other group or combination acting
as a unit.
SIGNS
Signs are a physical display that contain or set forth "No
Trespassing," "No Soliciting," "No Peddling" or similar language advising
peddlers and solicitors not to enter upon the property of the owner
or occupant.
SOLICIT AND SOLICITATION
The request, directly or indirectly, for the donation of
money, property, anything of value or financial assistance of any
kind, which shall include the selling or offering for sale of any
services, property, real or personal, tangible or intangible, merchandise,
goods, or wares of any type, whether of value or not, or seeking information
conducted from house to house or on the public streets. The act of
a solicitation is complete when communicated to any individual then
located within the corporate limits of the Township.
Each applicant for a license issued by the Township shall file
with the Clerk of the Township a sworn written application, in duplicate,
on a form to be furnished by the Township Clerk, which shall provide
the following information:
A. The name of the person registering and desiring to solicit or to
peddle, solicit or otherwise canvass.
B. Identification of whether the person registering is a natural person,
a corporation, partnership or other form of business entity.
C. If a natural person, presentation of a valid driver's license to
the Clerk for copying, the business address and telephone number,
a permanent home address and telephone number, and if applicable,
the local address and telephone number, name, address, and phone number.
D. If the person is a form of partnership, the names, addresses and
telephone numbers of all partners including designation of the managing
partner, and the business address and telephone number of the principal
place of business.
E. If the person is a corporation or similar form of business entity,
identification of the state where the entity is organized, the name,
address and telephone number of the principal(s) or registered agent
of the entity, the name, address and phone number of the principal
place of business and any local office location.
F. Specification of the time period for which a license is needed and
why, including the desired start date and end date.
G. A brief statement of the nature of the business and description of
the goods, services, or information that will be peddled or solicited.
H. If the person is a partnership or corporation, each person, employee
or independent contractor who will be engaged in the peddling or soliciting,
and each individual shall register with the Clerk, with presentation
of a valid driver's license to the Clerk for copying, a permanent
home address and telephone number, and if applicable, the local address
and telephone number.
I. Identification of the names of any other municipalities in which
the person has peddled or solicited within the previous 12 months.
J. A photograph of each individual applicant, taken within 60 days immediately
prior to the date of the application, which shall clearly show the
head and shoulders of the applicant and shall measure two inches by
two inches.
K. A statement under oath and penalty of perjury as to whether the applicant
and, if employed, the applicant's employer,
(1) Has ever been convicted of any crime, misdemeanor or violation of
any Township ordinance.
(2) Has ever had any civil judgment entered against them for any acts
involving fraud or deception.
(3) The statement shall detail any prior arrests for any sexually related
offense, distribution of controlled substances, or any violent acts
against persons or property, or if the applicant is listed as a registered
sex offender. The statement shall describe the nature of any offense
covered under the foregoing, and the ultimate disposition including
the punishment or penalty assessed therefor. If the applicant is listed
as a registered sex offender, the date of entry on that list shall
be provided as well as the jurisdiction where listed.
(4) A plea of guilty, nolo contendere or any other similar disposition
of alleged criminal activity shall be deemed a conviction for the
purposes of this article.
(5) If the applicant indicates any history under the foregoing, the applicant
shall authorize and cooperate fully to supply all things necessary
to conduct a criminal background check, including fingerprinting,
or securing copies of background checks and fingerprints from other
jurisdictions in the previous 90 days.
The Township Clerk shall issue to each licensee at the time
of delivery of his license, a license which shall show the nature
of the license in letters and figures easily discernible from a reasonable
distance. If the licensee intends to use a vehicle or vehicles, then
for each vehicle the Clerk shall issue a placard identifying the licensee
and the same information as on the license, and the placard shall
identify the make, model and year of the vehicle. The license shall
be carried constantly by the licensee and the licensee shall produce
the license upon request. The vehicle placard shall be displayed prominently
in the front window dash at all times during which the vehicle is
being used in connection with any peddling or soliciting activity.
The license and vehicle placard should be maintained and carried by
the licensee and provided for inspection at the request of any Township
police officer, other law enforcement officer, or any Township official.
It shall be unlawful and a violation of this article for any
licensee, its agents or employees, to engage in any of the following
activity:
A. Call attention to his business or to his merchandise by crying out,
blowing a horn or by any other loud or unusual noises, or use any
other sound-amplifying device on any street, park or other public
place in the Township, or any private premises.
B. Shall not enter or attempt to enter the premises of any Township
resident without an express invitation from the occupant.
C. Shall not engage in any conduct objectionable or annoying to the
occupant.
D. Shall not engage in peddling or soliciting from their vehicle unless
it is properly parked immediately adjacent to the curb or shoulder
of a public street, or parked safely in a designated parking space
off-street.
E. Shall not engage in peddling or solicitation on any road or at any
intersection to the occupant's vehicles traveling on the road or stopped
at the intersection.
F. Conduct, or attempt to conduct, his business at any residence or
on any property on which is posted a sign expressly prohibiting such
as "No Trespassing," "No Soliciting," "No Peddling" or similar language
advising peddlers and solicitors not to enter upon the property of
the owner or occupant.
G. Conduct, or attempt to conduct, his business within 200 feet of any
municipal building or any place of worship during times of services,
or any building occupied exclusively as a public or private school
or for school purposes, unless approved by the Township Council.
H. Allow any other person to use the license issued hereunder.
I. Conduct, or attempt to conduct, within any Township park or on municipally
owned land, any peddling or soliciting within 200 feet measured from
the perimeter of the area used for any event or activity approved
by the Parks Advisory Committee or Township Council.
J. Shall not engage in any soliciting or peddling at any residences
indicated on the no peddling and no soliciting list provided to the
applicant by the Clerk.
The Clerk shall maintain a record of all applications and licenses
issued under the provisions of this article and shall record therein
all convictions for violations of this article and other pertinent
circumstances and incidents reported by the Chief, other Township
officials or other persons.
All licenses issued under the provisions of this article shall
expire on December 31 of the calendar year in which they are issued.
Renewal may be done only by way of a new application in accordance
with this article.
It shall be the duty of the Police Department to enforce the
provisions of this article.
A. Violation of any of the provisions or terms of this article shall
subject the violator to the issuance of a summons which shall be adjudicated
before the Township Municipal Court.
The provisions of this article shall not apply to the following:
A. Any person engaged in the delivery of goods, wares or merchandise
or other articles or things in the regular course of business to the
premises of persons who had previously ordered the same or were entitled
to receive the same by reason of a prior agreement.
B. Federal census takers and polls or surveys taken pursuant to federal,
state or local laws.
C. Any person acting on behalf of a religious, charitable, or political
organization, or who is an armed services veteran of the United States
of America, or who is seeking public elected office.
The equipment used or employed by peddlers of ice cream, foods,
beverages, confections and other related commodities shall be maintained
in a clean and sanitary manner and be subject to the inspection of
the Board of Health or its authorized agents. Any violation found
and not immediately corrected shall be grounds for revocation of the
license.
No peddler or solicitor, whether for commercial, charitable,
or religious solicitations, shall conduct any peddling or soliciting
in the Township without first obtaining and signing a receipt for
having obtained the Township's no peddler and no solicitor list. The
list shall apply to commercial, charitable, and religious solicitors.
This article shall not pertain to persons seeking elected public
office.
Updating of list. On or about April 1 and October 1 of each
year, the Office of the Township Clerk shall update the no peddler/no
solicitor list. The updated list shall then be forwarded to the Chief
of Police. The Office of the Clerk shall provide a copy of the updated
list to every peddler and solicitor who seeks to peddle or solicit
in the Township.
The Township Clerk shall keep a current calendar of approved
solicitations to be conducted within the Township. The Clerk may propose
alternate dates for a solicitation if the requested dates should conflict
with other solicitations being conducted within the Township.
Any person violating any of the provisions of Article 1 or Article
2 of this chapter shall, upon conviction thereof, be subject to punishment
by one or more of the following: a fine of not less than $100 nor
more than $1,000, imprisonment not to exceed 90 days or a period of
community service not to exceed 90 days. Each day's continued violation
shall constitute a separate offense.