[HISTORY: Adopted by the Board of Supervisors of the Township
of North Whitehall 10-15-1997 by Ord. No. 1997-5. Amendments noted where applicable.]
This chapter shall be known as the "Peddling and Soliciting
Ordinance."
A.
PEDDLER
PEDDLING
(1)
(2)
(a)
(b)
(c)
PERSON
SOLICITING
SOLICITOR
STREET
As used in this chapter, the following terms shall have the meanings
indicated:
Any person who shall engage in peddling, as herein defined.
To sell, to offer for sale, to solicit or to take orders, either
by sample or otherwise, for any goods, wares, merchandise or services,
upon any of the streets in the Township of North Whitehall.
The word "peddling" shall not apply to:
Farmers selling their own produce; or
The sale of goods, wares and merchandise donated by the owners
thereof, the proceeds whereof shall be applied to any charitable or
philanthropic purpose (but in no event to an organization which seeks
to affect legislation); or
Any manufacturer or producer in the sale of bread and bakery
products, meat and meat products or milk and milk products.
Any individual, joint venture, association, partnership,
trust, corporation or other legal entity.
Engaging in the soliciting of any money or gift of any goods,
wares, merchandise or other articles of value or services, upon any
of the streets in the Township of North Whitehall, whether or not
accompanied by the dissemination of information.
Any person who shall engage in soliciting, as hereinabove
defined.
Any street, road, highway or alley and shall include the
sidewalk within the lines of or alongside of the same.
B.
Singular and plural usage. In this chapter, the singular shall include
the plural, and the plural shall include the singular, and the masculine
shall include the feminine and the neuter.
On and after the effective date of this chapter, no person shall
engage in peddling or in soliciting in the Township of North Whitehall
without first having obtained a license to so peddle or solicit, respectively,
as more fully set forth in this chapter.
Every person desiring a license to engage in peddling or in
soliciting within the Township of North Whitehall shall make application
therefor to the Code Enforcement Officer. If such person shall also
be required to obtain a license from any county officer, he shall,
when making such application, exhibit a valid county license. Further,
if any such person shall be required to register with the Commonwealth
of Pennsylvania in connection with soliciting for any charitable organization,
he shall, when making such application, exhibit evidence of such commonwealth
registration. Upon such application, such person shall give his name;
address; his criminal record, if any; driver's license number and
state of issue; social security number; the name of the person for
whom he works; the nature of the goods, wares and merchandise that
he intends to peddle or the use to which funds solicited shall be
put; the period of time he intends to peddle or solicit; the type
of vehicle that he uses, if any, and the license number thereof; and
a tax identification number. Notwithstanding anything herein stated
to the contrary, each individual intending to peddle or solicit for
or on behalf of any other legal entity shall make personal application
for such license, which individual license shall be required for each
individual to engage in peddling or soliciting in the Township of
North Whitehall. No license issued under this chapter shall be transferable
from one person to another person.
No license shall be issued under this chapter until the fee
therefor, which shall be for the use of the Township of North Whitehall,
shall have been paid to the Treasurer of the Township of North Whitehall
by the applicant for such license. The fee for such license shall
be established by the Board of Supervisors in accordance with the
fee schedule adopted annually.
Any license issued pursuant to this chapter shall be valid for
a period of 30 days from the date thereof. It shall be a privilege
of the licensed person to conduct such business or activity as is
permitted by the license, and no such license shall confer any property
right upon the licensed person. Any license issued hereunder may be
suspended at any time, upon written charge presented to the Code Enforcement
Officer alleging that the licensee has committed any violation of
this chapter; has given any false or misleading information in connection
with any application for such license; or has committed any violation
of any other law, order, statute, regulation or rule in connection
with any application for such license; or has committed any violation
of any other law, order, statute, regulation or rule in connection
with the licensed business or activity. Any licensee may appeal from
such act of revocation to the Board of Supervisors of North Whitehall
Township at the next regular meeting thereof. No license fee or portion
thereof shall be refunded in the case of revocation.
In addition to any other regulation in connection with a peddler's
license or a solicitor's license contained herein or otherwise, the
following restrictions shall apply:
A.
Peddlers. No peddler having received a peddler's license under this
chapter shall peddle in the Township of North Whitehall between the
hours of 5:00 p.m. and 9:30 a.m., prevailing time. No peddler having
received a peddler's license under this chapter shall operate on any
street of North Whitehall Township within 25 feet of any intersection.
No peddler having received a peddler's license under this chapter
shall peddle at any premises within the Township of North Whitehall
or within 50 feet thereof if, at a primary entrance to such premises,
there is posted at the time such peddler enters upon such premises
a notice which states NO PEDDLERS OR SOLICITORS INVITED. If such notice
is posted, the peddler, whether licensed hereunder or not, shall immediately
and peacefully depart from the premises. Any peddler, whether licensed
hereunder or not, shall immediately and peacefully depart from the
premises when requested to do so by the occupant thereof. No peddler
shall occupy any fixed location upon any of the streets or public
places in the Township for the purpose of peddling.
B.
Solicitors. No solicitor having received a solicitor's license under
this chapter shall operate on any street of North Whitehall Township
within 25 feet of any intersection. No solicitor having received a
solicitor's license hereunder shall solicit in any premises or within
50 feet thereof within the Township if, at a primary entrance to such
premises, there is posted at the time such solicitor enters upon such
premises a notice which states NO PEDDLERS OR SOLICITORS INVITED.
If such notice is posted, the solicitor, whether licensed hereunder
or not, shall immediately and peacefully depart from the premises.
Any solicitor, whether licensed hereunder or not, who has gained entrance
to any premises, whether invited or not, shall immediately and peacefully
depart from the premises when requested to do so by the occupant thereof.
C.
A license issued pursuant to this chapter shall not authorize door-to-door
solicitation. Permits for door-to-door solicitation must be obtained
from the Zoning Officer where such solicitation is performed by representatives
of commercial entities. There shall be no permit, fee or other registration
requirement for religious, political or charitable organizations performing
door-to-door solicitation.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person owning or occupying any building or portion thereof
within the Township of North Whitehall who desires to secure the protection
under the notice regulations contained in this chapter shall comply
with the following requirements:
A.
Such individual shall post at a primary entrance to such premises
a notice which states NO PEDDLERS OR SOLICITORS INVITED.
B.
Such notices shall be in block letters at least one inch in height
and shall be provided by the Township to persons requesting them,
at the cost thereof.
C.
Such notice so exhibited shall constitute sufficient notice to any
peddler or solicitor, whether registered under this chapter or not,
of the determination by the occupant or owner of such premises of
the information contained on such notice.
A.
Any individual, joint venture, partnership, trust or corporation
who or which shall violate the provisions of this chapter shall, upon
judicial finding or verdict thereof, be subject to judgment for each
such violation of not more than $1,000, plus costs of suit. Each day
that a violation continues shall constitute a separate offense. All
fines shall be paid to the Township of North Whitehall for its general
use.
B.
Notwithstanding anything herein to the contrary, any suit for financial
penalty brought by or on behalf of North Whitehall Township against
any person under this chapter shall in no way constitute an election
of remedies, and the Township of North Whitehall, and any other person
having a cause of action against such person, shall be entitled to
pursue any such remedies against such person as provided by law or
in equity.
All other ordinances or parts of ordinances in conflict herewith
in whole or in part are hereby repealed, but only to the extent of
such conflict.
The provisions of this chapter hereby adopted shall not be construed
to affect any suit or proceeding now pending in any court, or any
rights acquired, accrued, or liability incurred, or any cause or causes
of action acquired or existing, under any section, act, or ordinance
hereby repealed as cited in this chapter; nor shall any just or legal
right or remedy of any individual or entity of any character be lost,
impaired, or affected by this chapter.
In the event that any provision, section, sentence, clause,
or other part of this chapter, or any application thereof, is held
to be invalid by a court of competent jurisdiction, then such invalidity
shall not affect or impair any other remaining provision, section,
sentence, clause, or other part of this chapter, or any application
thereof, it being the express intent of the Township that the remainder
of this chapter and its applications shall be and shall remain in
full force and effect, as completely as if the part or parts or application
held invalid had not been included herein.
This chapter shall take effect five days after the enactment
thereof.
The Township Secretary to the Board of Supervisors of North
Whitehall Township shall certify to the adoption of this chapter,
and shall cause the same to be filed and/or published as required
by law.
The Township Secretary, the Township Solicitor, and the Code
Enforcement Officer are hereby authorized and empowered to take actions,
execute documents, and do things which are or appear to be convenient,
necessary, or required to effectuate and implement the intent, purposes,
and procedures of this chapter.
