[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.
FIRE EMERGENCY
A fire.
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.
MEDICAL EMERGENCY
An emergency involving the health of a person.
PERMIT
Written permission duly granted to an applicant by the Township upon payment of the required fee.
POLICE AND FIRE COMMUNICATIONS CENTER
The police and fire communications rooms and other rooms which house communications equipment and the police radio dispatcher.
POLICE DEPARTMENT
The Police Department of the Township of East Vincent.
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.