[Ord. 160, 4/17/2002, § 1]
1. As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
PEDDLER
Any person who shall engage in peddling as hereinafter defined.
PEDDLING
The selling or offering for sale of any goods, wares, services
or merchandise for immediate delivery 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 by entering into or upon
private property within the Township, without having been requested
or invited to do so by the owner, owners, occupant or occupants of
said private residences or private property.
PERSON
Any person, association, partnership, firm, organization
or corporation.
SOLICITING
The seeking or taking of contracts or orders for any goods,
wares, services or merchandise for future delivery or for subscriptions
or contributions or the advertising, promoting, selling and/or explaining
any product, service, organization or cause upon any of the streets
or sidewalks or from house to house or by visitation to private residences
or by entering into or upon private property within the Township,
without having been requested or invited to do so by the owner, owners,
occupant or occupants of said private residences or private property;
further, the seeking or taking of contracts or order for home or other
building repairs, improvements and alterations or orders or contracts
for any mechanical, electrical, plumbing or heating devices or equipment
for houses by the same means.
SOLICITOR
Any person who shall engage in soliciting as hereinabove
defined.
TOWNSHIP
East Vincent Township, Chester County, Pennsylvania.
2. The words "soliciting" and "peddling" shall not apply to:
A. Farmers seeking or taking orders for the sale of their own products.
B. 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
and milk products.
C. 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.
D. The seeking or taking of orders for insurance by insurance agents
or brokers or others licensed under the insurance laws of the Commonwealth.
E. Persons, corporations, partnerships and associations, their agents
or employees, who have complied with the provisions of 10 P.S. § 162.1
et seq., as amended, governing solicitations for charitable, benevolent,
patriotic or other purposes.
F. Any person taking orders for merchandise from dealers or merchants
for resale to an ultimate consumer.
G. Any person under the age of 18.
[Ord. 160, 4/17/2002, § 2]
No person shall engage in soliciting or peddling in the Township
without first having obtained a license as herein provided.
[Ord. 160, 4/17/2002, § 3]
1. Every person desiring to engage in soliciting or peddling in the
Township shall first make application to the Township for a license.
Said application shall be available at the Township office and shall
contain at least the following information verified by oath or affirmation:
A. The full name of the applicant and local address, if any.
B. The applicant's permanent address.
C. The name of the applicant's employer or a statement that such
applicant is self-employed.
D. A brief description of the nature and purpose of the business, promotion,
solicitation, organization, cause and/or 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 imposed.
F. The type of vehicle to be used, if any.
G. Upon request, the applicant shall also submit to fingerprinting and
furnish a photograph.
2. 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.
3. The application shall be filed at least 15 days prior to the date
the solicitation or peddling is to commence.
[Ord. 160, 4/17/2002, § 4]
1. Licenses shall be valid only for the specific dates shown thereon,
and the fees for said licenses shall be paid to the Township Secretary
in accordance with the then current East Vincent Township Fee Schedule,
as adopted by resolution of the Board of Supervisors, and as amended
from time to time.
2. A separate application shall be filed and a separate permit fee shall
be paid by each person who shall actually conduct the soliciting or
peddling.
[Ord. 160, 4/17/2002, § 5]
The license granted pursuant to this Part shall be valid for
30 days after the date of such license. Upon the expiration of any
license, if the person holding the same shall desire to continue or
renew soliciting or peddling, he shall be required to file a new application
for a permit and pay a new license fee.
[Ord. 160, 4/17/2002, § 6]
Such license when issued shall state, inter alia, the products
to be sold or services to be rendered by the licensee and/or the nature
and purpose of the business, promotion, solicitation, organization
or cause to be advocated, promoted, or explained by the licensee.
Every solicitor or peddler shall, at all times when engaged in soliciting
or peddling, carry such license upon his person and shall exhibit
it upon request to all police officers, officials and citizens. No
solicitor or peddler shall engage in activities not specified on such
license.
[Ord. 160, 4/17/2002, § 7]
Where a person residing in the Township has posted a "No Solicitation"
sign upon his, her or its property, no person shall engage in soliciting
or peddling at that property.
[Ord. 160, 4/17/2002, § 8]
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 streets, highways or, alleys; nor shall
any 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. 160, 4/17/2002, § 9]
No person licensed as a solicitor or peddler under this Part
shall engage in soliciting or peddling between the hours of 6:30 p.m.
and 9:00 a.m. of the next day, prevailing local time.
[Ord. 160, 4/17/2002, § 10]
Any license issued hereunder may be suspended or revoked at
any time upon proof being furnished to the Township that the application
contained false information or that the applicant or licensee was
convicted of a crime involving moral turpitude after the issuance
of the license or that the licensee was convicted of disorderly conduct
under any law of the Commonwealth or any municipal ordinance after
the issuance of the license.
[Ord. 160, 4/17/2002, § 11; as amended by Ord. 185, 8/2/2006]
Any person violating any of the provisions 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.
[Ord. 108, 4/1/1992, § A]
1. The following words, terms and phrases, when used in this Part shall
have the following meanings ascribed to them:
ALARM SUPPLIER
The business by any individual, partnership, corporation,
or other entity of selling, leasing, maintaining, servicing, repairing,
altering, replacing, moving or installing any alarm system or causing
any alarm system to be sold, leased, maintained, serviced, repaired,
altered, replaced, moved, or installed in or on any building, structure
facility.
ALARM SYSTEM
Any assembly of equipment, mechanical, electrical or battery
operated, arranged to signal the occurrence of a police, fire, hazard,
or medical emergency requiring urgent attention and to which police
or fire units are expected to respond.
ANSWERING SERVICE
A service whereby trained employees, in attendance at all
times, receive prerecorded voice messages from automatic dialing devices
reporting an emergency at a stated location, where such employees
have the duty to relay immediately by live voice any such emergency
message over a trunk line to the communication center of the police
or fire department.
AUDIBLE ALARM
Any device, bell, horn, or siren which is attached to the
interior or exterior of a building, structure, or facility and emits
a warning signal audible outside the building, structure or facility
and is designed to attract attention when activated by criminal act
or other emergency requiring police or fire department response.
AUTOMATIC DIALING DEVICE
A device which is interconnected to a telephone line and
is programmed to transmit a signal by a voice or coded message that
indicates that an emergency condition exists and the need for emergency
response is required.
CENTRAL STATION
A protective system or a group of such systems operated privately
for customers by a person, firm or corporation which accepts recorded
messages from automatic dialing devices at a central station having
operators and guards in attendance at all times who have the duty
to take appropriate action upon receipt of a signal or message, including
the relaying of messages to the communications center of the police
and fire department.
CHIEF OF POLICE
The administrative head of the East Vincent Township Police
Department.
COORDINATOR
The Chief of Police of East Vincent Township.
EMERGENCY
A police, fire, hazard, or medical emergency.
FALSE ALARM
An alarm activated in the absence of an emergency, whether
willfully or by inadvertence, negligence, or unintentional act, including
the malfunction of the alarm system, to which the police department
or fire department responds. The definition excludes alarms caused
by malfunctions of the Chester County Department of Emergency Services
receiving equipment if such alarm is directly connected to the alarm
board; testing or repairing of telephone or electric lines or equipment
outside the premises; acts of God, such as an earthquake, flood, windstorm,
thunder, or lightning; an attempted illegal entry of which there is
visible evidence; a crime in progress; or, in the case of an emergency
medical alarm, an actual medical emergency requiring police, fire
and/or medical personnel. If doubt exists as to the cause of the false
alarm, the Chief of Police or his designee shall make a decision regarding
the circumstances of the activation.
FIRE DEPARTMENT
The Ridge Fire Company, Liberty Fire Company and Kimberton
Fire Company.
HAZARD EMERGENCY
An explosion, leak of toxic gas, liquid, or solid, or potential
explosion or leak.
INTERMEDIARY
A central station protective system or an answering service
as herein defined.
KEY
To use a telephone line and equipment for transmitting a
message either directly or indirectly by an automatic dialing device.
PERMIT
Written permission duly granted to an applicant by the Township
upon payment of the required fee.
POLICE EMERGENCY
An incident requiring prompt response by the police department.
TOWNSHIP
The Township of East Vincent, Chester County, Pennsylvania.
TRUNK LINE
A telephone line leading into the communications center of
the police and fire departments that is for the purpose of handling
halls on a person to person basis and which is identified by a specific
listing among the white pages of the telephone directory issued by
the telephone company.
[Ord. 108, 4/1/1992, § B]
On and after the effective date of this Part, owners and users
of audible alarms must equip such alarms with a timing mechanism that
will disengage the audible alarm after a maximum of 15 minutes. Audible
alarms without such a timing mechanism shall be unlawful in the Township
and must be disconnected by the owner or user within 60 days from
the effective date of this Part.
[Ord. 108, 4/1/1992, § C]
On or after the effective date of this Part, all automatic dialing
devices that transmit recorded messages directly to the police department
or fire department shall be keyed to the Chester County Department
of Emergency Services radio room.
[Ord. 108, 4/1/1992, § D]
1. Within 90 days from the effective date of this Part, every alarm
supplier who has installed an alarm system in the Township with the
police and fire department shall furnish to Chester County Department
of Emergency Services and the Chief of Police the following information:
A. The name, residence, and telephone number of the user.
B. The address where the device is installed and the telephone number
at that address.
C. The name, address, and telephone number of any other person or firm
who is authorized to respond to an emergency and gain access to the
address where the device is installed.
D. The name and telephone number of any person, firm, or corporation,
if any, other than the alarm supplier, who is responsible for maintenance
and repair of the system.
E. The type of system, i.e. holdup, burglary, fire or medical emergency.
2. Users of alarm systems devices whose devices where installed prior to the effective date of this Part shall, within 60 days of such enactment, supply the Chief of Police with the information specified in Subsection
1.
3. All information furnished pursuant to this section shall be kept
confidential and shall be for the authorized use of the Police Department
only.
[Ord. 108, 4/1/1992, § E; as amended by Ord. 185, 8/2/2006]
1. On and after the effective date of this Part, no one except an alarm
supplier holding a valid license from the Township shall sell, install,
or service any alarm system within the Township.
2. The coordinator shall issue an alarm supplier's license to an
alarm supplier meeting requirements of this section upon the filing
of the required application and payment of a fee in an amount as established
from time to time by resolution of the Board of Supervisors. Each
license shall bear the signature of the coordinator and shall be for
a term of one calendar year. A copy of the license shall be physically
upon each of the premises using the alarm system and shall be available
for inspection by the Chief of Police or by his designee.
3. Each alarm supplier that installs one or more alarm systems in the
Township shall make service available directly or through an agent
on a twenty-four-hour per day basis, seven days a week, to repair
such devices and to correct malfunctions as they occur. Any person
using an alarm system shall make arrangements for service to be available
for such device on a 24 hour per day, seven days per week basis.
4. No corporation, sole proprietor, partner, joint venture, trustee,
executor, administrator, employee, fiduciary, or stockholder with
5% or greater interest in a corporation (except a corporation whose
stock is publicly traded and registered with the Securities and Exchange
Commission or with a state securities commission) applying for a license
shall have been convicted of a felony or pleaded nolo contendere to
a felony charge or indictment.
5. The applicant shall furnish an insurance certificate annually confirming
that the applicant has in force general liability insurance coverage
in an amount not less than $300,000 each occurrence. An applicant
who self-insures such coverage shall furnish evidence of financial
ability.
6. Licensee shall pay an annual license fee in an amount as established
from time to time by resolution of the Board of Supervisors.
A. No alarm supplier's license shall be required:
(1)
When no alarm permit is required.
(2)
When the installation of such alarm system shall be made personally
by the owner or occupant of the premises.
B. A license may be revoked or renewal denied if:
(1)
The licensee fails to meet the requirements necessary to obtain
a license.
(2)
The license fee is not paid.
(3)
The Chief of Police has reason to believe the licensee's
installations are the cause of the false alarms.
(4)
Licensee fails to provide emergency service as required by this
Part.
[Ord. 108, 4/1/1992, § F; as amended by Ord. 185, 8/2/2006]
1. The user's fee for an alarm system permit shall be in an amount
as established from time to time by resolution of the Board of Supervisors
and said permit shall be obtained by or on behalf of the owner of
the premises upon which the alarm system is installed from the Police
Department prior to the installation of the alarm system.
2. The permit shall bear the signature of the Chief of Police and be
valid for a period that the owner owns the premises upon which the
system is installed, or until revoked by the Chief of Police. The
permit shall be physically present upon the premises using the alarm
system and shall be available for inspection by the Chief of Police.
3. The permit shall contain the address of the property, provide directions
to the property, the name of the business (if applicable), the name
of the owner, tenant, or agent responsible for the property, the alarm
supplier or other entity responsible for maintaining the system (if
applicable), the type of alarm (i.e. burglary, holdup, medical), how
the alarm signal will be received by the communications center (tape,
central station, etc.), at least two alternate emergency numbers of
persons to be contacted to secure the property and any additional
information as may be determined to be necessary. It shall be the
owner's responsibility to amend the foregoing information whenever
the information changes.
4. Users who fail to obtain a permit within 60 days after the alarm
system is activated, or within 60 days after effective date of this
Part, if later, shall be liable to pay a late change in an amount
as established from time to time by resolution of the Board of Supervisors
for each calendar year that the permit is not obtained.
5. All locations in the Township equipped with alarm systems, except
as stated in this Part, must secure and possess a valid permit for
same.
[Ord. 108, 4/1/1992, § G]
1. A battery powered (9 volt, 11.2 volt, or similar voltage) audible
alarm system whose sole purpose is to notify the occupants of that
location of an emergency situation shall be exempt from the permit
requirements of this Part if all of the following conditions exist:
A. The alarm is not connected to any mechanical or electrical device
that automatically notifies a person or agency outside that location
that the alarm system is activated.
B. The audible alarm does not sound outside the location (no external
speakers).
C. The internal signal emitted by the audible alarm does not exceed
90 decibels.
D. The internal alarm does not cause undue annoyance or alarm to occupants
of adjoining premises.
2. Alarm users who are not required to pay a fee or who are exempt from
obtaining an alarm user's permit as above shall, nevertheless,
be subject to the penalty provisions prescribed in this Part.
[Ord. 108, 4/1/1992, § H]
Each alarm supplier who, after the effective date of this Part,
sells or leases in the Township an alarm system shall furnish operating
instructions and manual to the buyer or lessee.
[Ord. 108, 4/1/1992, § I]
1. The public safety requires that the incidence of false alarms and
malfunctioning automatic dialing devices be kept to a minimum so as
to reduce unnecessary rails to the police and fire departments and
to increase the effectiveness of properly functioning alarm systems.
In order to enforce this and to reduce the incidence of false alarms
and malfunctioning alarm systems it is necessary that appropriate
Township officials have a right to inspect the installation and operation
of any alarm system installed in the Township.
2. Application for a permit for installation of an alarm system and
subsequent installation of such a system pursuant to a permit issued
or the continuance of the use of any alarm system already installed
at the effective date of this Part shall constitute consent by the
owner or lessee thereof and authorization for the inspection of any
such installation and/or operation by the Chief of Police.
[Ord. 108, 4/1/1992, § J]
1. Every alarm supplier selling, leasing or furnishing to any user,
or a user who privately installs an alarm system which is located
on premises within the Township shall:
A. Be permitted to install only equipment that is listed by Underwriter's
Laboratories, Inc., as being electrically safe and meeting the Township
requirements for the alarm system. Wiring for the alarm system must
conform with all applicable Township codes and NFPA requirements.
B. Be required to cause each alarm system installed to be provided with
standby battery power which shall automatically and immediately take
over in event of a power failure.
C. Be required to install equipment in such a way as to neutralize electrical
surges on the alarm system.
D. Be required to deactivate any alarm system within a reasonable period
of time when multiple false alarms are received.
[Ord. 108, 4/1/1992, § K]
No person shall conduct any test or demonstration of any alarm
or other alarm system without first notifying the East Vincent Township
Police or the Chester County Department of Emergency Services, as
applicable.
[Ord. 108, 4/1/1992, § L]
Alarm suppliers and installers shall furnish at their own expense,
at or prior to the time of contracting, a copy of this Part to owners,
lessees or users of the equipment or services to be provided.
[Ord. 108, 4/1/1992, § M; as amended by Ord. 185, 8/2/2006]
1. Consent to Pay Cost; Schedule of Cost.
A. For the purposes of defraying the costs to the police and fire department
of responding to false alarms, the owner, lessee or user of any alarm
system, persons using the services of an intermediary, users of audible
alarms and users of any other kind of alarm system or any other kind
of direct or indirect connection with the police and fire communication
center, except persons using the two-way live voice communication
by telephone, shall, as a condition to installation and continued
operation of such equipment or service, execute a consent in such
a form as may be prescribed by the Township that such owner, lessee,
or user shall pay the Township for all false alarms upon the following
schedule for each false alarm originating from the owner's, lessee,
or users premises a fee in an amount as established from time to time
by resolution of the Board of Supervisors.
B. Any such owner, lessee, or user who fails to execute the consent
described in Paragraph A within 90 days from the effective date of
this Part shall, within the ninety-day period, disconnect the alarm
system.
C. Any owner, lessee or user of an alarm system may revoke or refuse
to consent as set forth in Paragraph A above only by disconnecting
the alarm system. With respect to such systems installed at the effective
date of this Part, the owner, lessee or user can refuse or revoke
the aforesaid consent by disconnecting such alarm system within 90
days from the effective date of this Part.
D. Penalties provided for false alarms that are relayed or transmitted
by an intermediary shall be the responsibility of the owner or user
of the alarm system.
E. Any police officer or fire officer responding to an alarm which is
determined to be false shall promptly notify the Chief of Police of
such alarm in writing and he shall, within five days, have notification
of false alarm sent via U.S. mail to the person in whose name the
alarm is registered.
F. By submitting an application for permit for the installation of an
emergency medical alarm system and subsequent installation of such
a system or by the continuation of the use of an alarm system already
installed at the effective date of this Part, the owner, lessee or
user thereof shall agree that such permit application constitutes
a waiver by such person of the right to bring or file any action,
claim or complaint whatsoever against any police or fire officer who
makes a forced entry in response to such an alarm into the premises
on which such an alarm is installed as a result of entry into the
subject premises. In the event the owner of such premises is a person
other than the permit applicant, as in the instance of a lessee or
other use not the owner of the premises which the alarm is installed,
such permit application shall constitute an indemnification agreement
by the applicant to hold harmless any such police or fire officer,
the Township, the police department and the fire department, as appropriate,
from any and all damages whatsoever claimed by the lessor or owner
of the premises on which the alarm is installed.
G. Any alarm system which has five or more false alarms within a calendar
year shall be subject to permit revocation.
(1)
The Chief of Police shall notify the alarm user and the alarm
business providing the service or inspection to the user by first
claims, postage prepaid, certified mail, of such fact and direct that
the user submit a report to the Chief of Police within 15 days of
receipt of the notice describing actions taken or to be taken to discover
and eliminate the cause of the false alarms.
(2)
If the alarm user submits a report as directed, the Chief of
Police shall determine if the action taken or to be taken will substantially
reduce the, likelihood of false alarms. If he determines that action
taken will substantially reduce the likelihood of false alarms, he
shall notify the alarm user in writing that his permit will not be
revoked at this time and that if one more fare alarm occurs within
the permit year, the user's permit may be revoked.
(3)
If no report is submitted, or if the Chief of Police determines
that the action taken or to be taken will not substantially reduce
the likelihood of false alarms, the Chief of Police shall give notice
by first class, postage prepaid, certified mail, to the user that
the permit will be revoked without further notice, if the user does
not file within 10 days a written request for hearing.
(4)
If a hearing is requested, written notice of the time and place
of the hearing shall be served on the user by the chief of Police
by first class, postage prepaid, certified mail, at least 10 days
prior to the date set for the hearing, which date shall not be more
than 21 nor less than 10 days after the filing of the request for
hearing.
(5)
The hearing shall be before a hearing officer designated by
the chief of Police and the alarm user shall have the right to counsel
and to present written or oral evidence, subject to the right of cross
examination. If the hearing officer determines that five or more false
alarms have occurred, and that the user has not taken action which
substantially reduces the likelihood of false alarms, he shall issue
written findings to that effect and order revoking the user's
permit.
(6)
An alarm user shall immediately discontinue use of his alarm
system upon being notified by first class, postage prepaid, certified
mail, of the revocation of the user's permit.
(7)
An alarm user whose permit has been revoked may apply for a probationary user's permit. The Chief of Police shall not be required to issue a probationary user's permit, unless he is satisfied that the user's system has been properly serviced and its deficiencies corrected. The Chief of Police may impose reasonable restrictions and conditions upon the user, before issuing a probationary user's permit, which restrictions and conditions shall be written in the permit. A probationary user's permit shall be issued for a one-year period. If the alarm user does not have five or more false alarms during that period, he may apply for a permanent permit under the provisions of §
13-206.
[Ord. 108, 4/1/1992; as amended by Ord. 185, 8/2/2006]
1. Violation of any provision of this Part with respect to false alarms shall constitute a summary offense punishable by a fine as prescribed in §
13-213, plus costs of prosecution and as set forth in Subsection
2 below for willful misuse or willful false activation of an alarm system. Such fine and cost shall be collectable before any magisterial district judge as like fines and penalties are now by law collectible. Each 24 hour period during which failure to comply continues shall constitute a separate offense.
2. Any person found guilty of willful misuse or willful false activation
of an alarm system, or violation of any other 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.