[HISTORY: Adopted by the Board of Supervisors of the Township
of Brady 6-16-1965 by Ord. No.
12. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person who shall engage in peddling as hereinabove defined.
The selling or offering for sale of any goods, wares, or
merchandise for immediate delivery which the person selling or offering
for sale carries with him in traveling has in his possession or control,
upon any of the road, streets or sidewalks, or from house to house,
or from persons in commercial, industrial, professional or any other
sort of building whatsoever, within the Township of Brady; and provided,
further, that the word "peddling" shall not apply:
To farmers selling or offering for sale their own produce;
To selling or offering for sale of goods, wares and merchandise
donated by the owners thereof, the proceeds whereof are applied to
any charitable or philanthropic purpose;
To the selling or offering for sale of bread or bakery products,
meat or meat products, or milk and milk products by any manufacturer
or producer thereof;
To the selling or offering for sale of insurance by insurance
agents or brokers licensed under the insurance laws of the Commonwealth
of Pennsylvania; and, provided, further, that the word "peddling"
shall not include "soliciting" as said word is defined in this chapter.
Any natural person, association, partnership, firm or corporation.
The seeking or taking of contracts or orders for any goods,
wares or merchandise for future delivery, or for subscriptions or
contributions, upon any of the roads, streets or sidewalks, or from
house to house, or from persons in commercial, industrial, professional
or any other sort of building whatsoever, within the Township, and
shall further mean 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, electric, plumbing, or heating
device or equipment for house or other building improvements or repairs,
upon or from the places aforesaid within the said Township; provided,
the word "soliciting" shall not apply:
To farmers seeking or taking orders for the sale of their own
produce;
To the seeking of or taking orders for 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 of or taking of orders by any manufacturer or
producer for the sale of bread or bakery products, meat and meat products,
or milk or milk products;
To the seeking or taking of orders, by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania,
for insurance.
Any person who shall engage in soliciting as hereinabove
defined.
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In this chapter, the singular shall include the plural and the
masculine shall include the feminine and the neuter.
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No person shall engage in soliciting or peddling in the Township
of Brady without first having taken out a license as herein provided.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person or individual that is merely proselytizing for either
religious or political purposes, distributing religious or political
handbills at no cost, or exercising the right to anonymous religious
or political speech without soliciting any funds and without selling
any goods or soliciting for contributions shall be exempt from the
licensing requirements of this chapter.
Every person desiring to engage in soliciting or peddling in
the Township of Brady shall first make application, under oath, to
the Township Secretary of the Township of Brady for a license. 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. Upon such application, such person hall give his name, address,
his previous criminal record, if any, the name and addresses of the
person for whom he works, if any, the type or types of article, device,
subscription, contribution, service or contract which he desires to
sell or for which he wishes to solicit within the Township, the length
of time for which he wishes to be licensed, the type of vehicle he
uses, if any, and its registration number, and the number of helpers
he has; provided, however, 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 an individual license shall
be required for each helper. No license issued under this chapter
shall be transferable from one person to another.
Upon making application therefor, a license shall be issued
to each solicitor or peddler by the Township Secretary unless any
such applicant shall have been convicted of a crime involving moral
turpitude, in which event, no such license shall be issued. Such license
shall contain the information required to be given upon the application
thereof. Application for license shall be made at the Office of the
Township Secretary between he hours of 9:00 a.m. and 5:00 p.m. on
any day except Saturday and Sunday. Every such license shall bear
the signature of the Township Secretary.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Licenses may be issued for one month, four months or one year,
and shall be valid only for the period issued, unless sooner revoked
for cause as hereinafter set forth. The license fees shall be as determined
from time to time by resolution of the Board of Supervisors.
Every solicitor or peddler shall, at all times, while engaged
in soliciting or peddling in the Township, carry such license upon
his person and exhibit such license upon request to all police officers,
Township officials and citizens. No solicitor or peddler shall 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 mentioned upon such license,
nor shall any person use any vehicle for soliciting or peddling other
than the vehicle registered upon his license.
No person shall engage in soliciting or peddling at any time
on Sunday or upon any other day of the week before 9:00 a.m. or after
5:00 p.m. unless by appointment; no such appointments be made or kept
on Sundays.
No person engaged in soliciting or peddling shall hawk or cry
his goods, wares, merchandise, offers, contracts or services, upon
any of the roads, streets, or sidewalks of the Township, nor shall
be use any loudspeaker or horn or any other device for announcing
his presence by which members of the public are annoyed.
No person engaged in soliciting or peddling shall park any vehicle
upon any of the roads, streets or alleys of the Township in order
to sort, arrange or clean any of his goods, wares or merchandise,
or samples, order books, contracts, circulars, literature or advertising
matter pertaining thereto; nor may any such person place or deposit
any refuse upon any such roads, streets or alleys; nor may any such
person maintain or keep a street or curbstone market or solicitation
or peddling office by parking any vehicle upon any road, street or
alley in the Township for longer than necessary in order to solicit
from or peddle to persons residing in the immediate vicinity.
No person engaged in soliciting or peddling shall occupy any
fixed location upon any of the roads, streets or alleys or sidewalks
of the Township for the purpose of soliciting or peddling with or
without any stand or counter.
The Township Secretary shall keep a record of all licenses issued
under this chapter, and the Township Secretary shall supervise the
activities of all holders of such licenses. Each licensee shall appear
personally at the office of the Township Secretary each day prior
to soliciting or peddling on that day. The Township Secretary shall
keep a daily record of all licensees who have appeared and notified
him of intention to engage in soliciting or peddling on that day.
No licensee shall engage in peddling or soliciting on any day without
having first appeared personally on that day at the office of the
Township Secretary as aforesaid.
Entering a private residence or place of business in the Township
of Brady by a solicitor or peddler under false pretenses for the purposes
of selling or offering for sale or for soliciting orders for goods,
wares, merchandise, contracts or personal services; or remaining in
a private residence or the premises thereof, or any place of business
or on the premises thereof, after the owner or occupant thereof shall
have requested any solicitor or peddler to leave, or going in and
upon the premises of a private residence or place of business by a
solicitor or peddler for any such purposes when the owner or occupant
thereof has displayed a "no soliciting" sign on such premises is prohibited,
and is further declared to be a nuisance.
The Township Secretary is hereby authorized to suspend any license
issued under this chapter when he deems such suspension to be beneficial
to the public health, safety or morals, or for violation of any of
the provisions of this chapter, or for giving false information upon
any application for a license hereunder, or to prevent a breach of
the public peace.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who shall violate any of the provisions of this chapter
shall, upon conviction thereof before a Magisterial District Judge
of the Township, be sentenced to pay a fine of not more than $1,000
and costs of prosecution; and in default of payment thereof, to imprisonment
for not more than 90 days in the county jail.
The provisions of this chapter shall be severable, and if any
provisions, words or phrases thereof shall be held to be unconstitutional,
invalid, or illegal, by any court of competent jurisdiction, such
decision shall not affect the validity of any of the remaining provisions
words or phrases of this chapter. It is hereby declared as a legislative
intent that this chapter would have been enacted had such unconstitutional,
invalid or illegal provisions, words or phrases not been included
therein.
This chapter shall become effective immediately upon enactment.
