[HISTORY: Adopted by the Board of Supervisors of the Township of Harborcreek as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-25-1996 by Ord. No. 96-157]
A. 
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
LEGAL HOLIDAY
New Year's Day, Good Friday, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Eve and Day.
PERSON
Any natural person, joint venture, partnership, association, corporation or other legal entity.
TOWNSHIP
Harborcreek Township.
TRANSIENT RETAIL BUSINESS
Engaging in peddling, purchasing, soliciting, or taking orders, either by sampler or otherwise, for any goods, wares, subscriptions or contributions, services, or merchandise upon any street or public thoroughfare from house-to-house, within Harborcreek Township.
B. 
The singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.
A. 
No person shall engage in any transient retail business within Harborcreek Township without first having obtained from the Secretary, or designated agent, a license, for which a fee, which shall be for the general use of the Township, shall be charged, established pursuant to a resolution of the Township Board of Supervisors thereafter established at the annual Organization Meeting. The license fee shall be $50 for each person who qualifies.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Upon payment of said license fee, a license shall be issued and shall entitle the licensee to engage in the activities specified on the application for a period of 30 days from the date of issuance. All license fees shall be paid to the Treasurer of the Township. The Township Secretary or agent will issue, to the qualified applicant, an identification card to which the applicants photograph shall be attached.
A. 
No license fee shall be charged;
(1) 
To farmers selling their own produce;
(2) 
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;
(3) 
To any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk and milk products:
(4) 
To children under the age of 18 years who take orders for and deliver newspapers, greeting cards, candy, bakery products, and the like, or who represent the Boy Scouts or Girl Scouts or similar organizations;[1]
[1]
Editor's Note: Original Sec. 3A5, exempting honorably discharged members of the armed services, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5) 
To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania;
(6) 
For taking orders for merchandise, by sample, from dealers or merchants for individuals or companies who pay a license or business privilege tax at their chief place of business.
B. 
But, all persons exempted hereby from the payment of the license fee shall be required to register with the Secretary and obtain a license with fee, provided any person dealing in one or more of the above-mentioned exempted categories and dealing with other goods, wares, or merchandise not so exempted shall be subject to the payment of the license fee fixed by this section for his activities in connections with the sale of goods, wares, and merchandise not in such exempted categories; provided, further, the Secretary may similarly exempt from payment of the license fee, but not from registering with him or her, persons working without compensation and selling goods, wares, or merchandise for the sole benefit of any nonprofit corporation; provided, further, every license issued under the provisions of this article shall be issued on an individual basis to any person or persons engaging in such business; every individual shall obtain a separate license, issued to him in his name, and the license fee hereby imposed shall be applicable to every such individual license, except that a representative of a charitable or not-for-profit-organization may obtain licenses for all applicants/members of the charitable organization.
C. 
Exempted from the provisions of this article is 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.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Every person desiring a license under this article shall first make application to the Secretary, or designated agent, for such license. He shall, when making application, exhibit a valid license from any state or county officer, if such license is also required.
B. 
The applicant shall state and provide:
(1) 
Name.
(2) 
Date and place of birth.
(3) 
Temporary address.
(4) 
Residence address and phone number.
(5) 
Drivers license number.
(6) 
Type, license number, and certificate of automobile liability coverage of the vehicle to be used.
(7) 
Name, address and phone number of the person by whom he is employed.
(8) 
Type of goods, wares, services and merchandise he wishes to deal with in such a transient retail business.
(9) 
Place applicant(s) was engaged in peddling or soliciting immediately prior to his making this application.
(10) 
His criminal record, if any; if so, list crime(s) and date.
(11) 
Provide two current photographs, no larger than two inches by three inches of the applicant, taken within the past six months.
C. 
When any 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 and attested signature for each application. An individual license shall be required for each helper. No license under this article shall be transferable from one person to another. Applicant must sign verification that he has read and understands the confines of this article.
D. 
No license shall be issued for a period of time in excess of one month or thirty-day time period. Should a person desire to continue his activities for a longer period of time, a new application must be filed and approved and appropriate fee paid.
Upon receipt of such application and the prescribed fee, and upon receipt of approval of application from the Township Code Enforcement Officer, the Secretary or designated agent shall issue the license required under this article. Such license shall contain the information and photograph required to be given on the application therefor. Every license holder shall carry such license at all times upon his person if engaged in transient retail business from house-to-house. He shall exhibit such license, upon request, to all police officers, municipal officials, and citizens or residents of Harborcreek Township. All fees shall be nonrefundable. No transient merchant shall engage in any agreement for product or service not specified on his license application.
A. 
No person in any transient retail business shall:
(1) 
Sell or provide any product or type of product not mentioned in his license.
(2) 
Hawk or cry his wares upon any of the streets, alleys, sidewalks, or public grounds in the Township, nor shall he use any loudspeakers, bell, whistle or other device for announcing his presence.
(3) 
When operating from a vehicle, stop or park such vehicle upon any of the streets, roads or alleys in the Township for longer than necessary in order to sell therefrom to persons residing or working in the immediate vicinity.
(4) 
Park any vehicle upon any of the streets, roads or alleys in the Township for the purpose of sorting, rearranging, or cleaning any of his goods, wares or merchandise or of disposing of any carton, wrapping material, stock, wares or foodstuffs which have become unsalable through handling, age or otherwise.
(5) 
No person in any transient retail business shall engage in any business activity, except by prior appointment, at any time on a Sunday or legal holiday or at any time before 9:00 a.m. or after 6:00 p.m., or sunset whichever occurs first, on any day of the week other than Sunday or legal holiday.
(6) 
Permit any other person to have possession of his license card and shall immediately report its loss to the Township Secretary.
(7) 
Represent his license card to be an endorsement of the Township.
(8) 
Enter or attempt to enter any dwelling/house without invitation or permission of the occupant and shall immediately leave any premises upon request.
(9) 
Occupy any fixed location upon any sidewalk(s) public ground, streets, highway(s), road rights-of-way or alleys of the Township for the purpose of soliciting or peddling with or without a stand or counter(s).
B. 
Notice regulations. Any person owning or occupying any building or portion thereof within the Township of Harborcreek, Erie County, Pennsylvania, who desires to secure the protection under the notice regulations contained in this article shall comply with the following requirements:
(1) 
Such individual shall post at a primary entrance to such premises a notice which states "no peddlers or solicitors invited."
(2) 
Such notices shall be in block letters at least one inch in height and shall be provided by the Township of Harborcreek to residents requesting them, at the cost thereof.
(3) 
Such notice so exhibited shall constitute sufficient notice to any peddler or solicitor, whether registered under this article or not, of the determination by the occupant or owner of such premises of the information contained on such notice.
C. 
Transient business person. No person having received a license under this article shall peddle/solicit between the hours of 6:00 p.m., or sunset (whichever occurs first) and 9:00 a.m., prevailing time. No applicant, having received a license under this article, shall peddle at any premises within the Township of Harborcreek if at a primary entrance to such premises there is posted at the time such license holder enters upon such premises a notice which states "no peddlers or solicitors invited." If such notice is posted, the licensee shall immediately and peacefully depart from the premises. No applicant, licensee or person shall occupy any fixed location upon any of the streets or public places in the Township of Harborcreek for the purpose of peddling/soliciting.
D. 
Investigation of applicant. Before issuing a license, the Township Code Enforcement Officer, or duly authorized agent, in the sole discretion of Officer or agent, may require an investigation of the applicant to obtain sufficient proof that the applicant is of good business and/or moral character and/or to confirm the accuracy of representations made in each such application. By submitting an application for a transient business license, the applicant agrees to wait a reasonable amount of time for such investigation, which may take no more than 10 business days from the date of application. If, as a result of such investigation, the applicant's business/or moral character is found to be unsatisfactory. or any representation is found to be false or misleading, the Township Secretary, or his duly authorized agent, shall notify the applicant that such application has been disapproved and that no license shall be issued.
The Secretary or Code Enforcement Officer shall supervise the activities of all persons holding licenses under this article. He shall make a report thereof each month to the Board of Supervisors.
The Secretary or Code Enforcement Officer is hereby authorized to deny, suspend or revoke any license issued under this article when he or she deems such denial, suspension or revocation to be beneficial to the public health, safety, or morals, or for violation of any provision of this article, or for giving false information upon any application for a license hereunder. Appeals from any suspension revocation or denial of a license may be made to the Board of Supervisors at any time within 10 days after such suspension, revocation or denial and a hearing shall be held within 30 days of the petition for appeal. No part of a license fee shall be refunded to any person whose license shall have been suspended or revoked.
[Amended 6-18-1997 by Ord. No. 96-157-1]
A. 
Any person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not less than $200 nor more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this chapter. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
In addition, Harborcreek Township may institute injunctive, mandamus or other appropriate action or proceeding at law or in equity for the enforcement of this article. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus, or other appropriate forms of remedy or relief.
C. 
If Harborcreek Township prosecutes this action through its Solicitor or other retained counsel, attorneys' fees will also be assessed and recoverable in an amount representing the reasonable cost of attorneys' fees for prosecuting the claim.
D. 
The Township of Harborcreek shall empower whatever police agency they may choose to enforce the provisions of this article. Including among the available police agencies are the Pennsylvania State Police, Harborcreek Township Code Enforcement Officers, or any other police force which Harborcreek Township contracts with to perform local ordinance enforcement.
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed. The following ordinances or parts thereof are specifically repealed: Ordinance No. 81-85 entitled: "an ordinance providing for the registration of any person soliciting funds or door-to-door peddling, in Harborcreek Township, Erie County, Pennsylvania, providing for the enforcement thereof and penalties for its violation."
If any sentence, clause, section, or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this article. It is hereby declared as the intent of the Board of Supervisors that this article would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
This article shall become effective this 25th day of September 1996.