[HISTORY: Adopted by the Board of Supervisors
of the Township of Patton 12-14-1964 by Ord. No. 31 (Ch. 116 of the 1996 Code). Amendments
noted where applicable.]
A. As used in this
chapter, the following terms shall have the meanings indicated:
PEDDLER
Any person who shall engage in peddling as herein 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 them in traveling, or has in their
possession or control, upon any of the streets or sidewalks or from
house to house or by visitation to private residences or by entering
in or upon private property; within the said Township.
PERSON
Any natural 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 upon any of the streets or sidewalks or from house
to house or by visitation to private residences or by entering in
or upon private property within the Township of Patton 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, electrical, plumbing or heating device or equipment
for house or other building improvements or repairs, upon or from
the places aforesaid within said Township.
SOLICITOR
Any person who shall engage in soliciting as hereinabove
defined.
B. The words "soliciting"
and "peddling" shall not apply to:
(1) Farmers seeking
or taking orders for the sale of their own products.
(2) 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.
(3) 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.
(4) The seeking
or taking of orders by insurance agents or brokers licensed under
the insurance laws of the Commonwealth of Pennsylvania for insurance.
(5) Persons, corporations,
partnerships and associations, their agents or employees, who have
complied with the provisions of the Solicitation of Funds for Charitable
Purposes Act, 10 P.S. § 162.1 et seq., governing solicitations
for charitable, benevolent, patriotic or other purposes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(6) Any person
taking orders for merchandise from dealers or merchants for resale
to an ultimate consumer.
C. In this chapter,
the singular shall include the plural and the masculine shall include
the feminine and the neuter.
No person shall engage in soliciting or peddling
in the Township of Patton without first having taken out a license
as herein provided.
[Amended 8-12-1975 by Ord. No. 113; at time of adoption of
Code (see Ch. 1, General Provisions, Art. I)]
Every person desiring to engage in soliciting
or peddling in the Township of Patton shall first make application
to the Police Department for a license. If such person shall also
be required to obtain a license from any county officer, they shall,
in making such application, exhibit a valid county license. Said application
shall be upon a blank provided by the Township Secretary and shall
contain at least the following information verified by oath or affirmation:
A. Full name of the
applicant and local address, if any.
C. Name of employer
or a statement that such applicant is self-employed.
D. The nature of
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 or punishments imposed there.
F. The type of vehicle
to be used, if any.
[Amended 8-12-1975 by Ord. No. 113; amended 11-13-2019 by Ord. No. 2019-602]
A. No license shall be issued or
denied under this chapter until a period of at least 24 hours has
elapsed from the time the application has been filed with the Police
Department.
B. Responsibility of the Chief of
Police. The Chief of Police, or their designee, shall conduct an investigation
using the references and information provided by the applicant and
other sources to determine if the applicant is of good character,
has been convicted of any crime(s) or has conducted their business
in a fraudulent or unsatisfactory manner. Based on the investigation,
the Chief of Police, or their designee, shall either recommend approval
or denial of the license and the reasons thereof.
[Amended 8-12-1975 by Ord. No. 113]
No license shall be issued under this chapter
until the license fee, to be set by resolution of the Board of Supervisors,
shall be paid to the Township. A separate application shall be filed
and a separate license fee shall be paid by each person who shall
actually conduct the soliciting or peddling and shall apply where
an employer desires to secure licenses for their employees, agents
or servants.
[Amended 8-12-1975 by Ord. No. 113]
The license granted pursuant to this chapter
shall be valid for the period as stated in the license, and upon the
expiration of any license, if the person holding the same shall desire
to continue or renew soliciting or peddling they shall be required
to file a new application for a license and pay a new license fee.
Such license may be issued, in advance, upon payment in advance of
the license fee as set by resolution.
Such license when issued shall state, inter
alia, the products to be sold or services to be rendered by the licensee.
Every solicitor or peddler shall at all times, when engaged in soliciting
or peddling in the Township of Patton, carry such license upon their
person and shall exhibit it upon request, to all police officers,
Township officials and citizens. No solicitor or peddler shall engage
in selling any product or service not mentioned on such license.
No person licensed as a solicitor or peddler
under this chapter shall engage in soliciting or peddling on any day
of the week before 9:00 a.m. or after 8:00 p.m. During the time of
the year when Eastern standard time is effective, the aforesaid hours
shall be Eastern standard time, and during the time of the year when
Daylight saving time is effective, the aforesaid hours shall be daylight
saving time.
No person licensed as a solicitor or peddler
under this chapter shall park any vehicle upon any of the streets,
highways or alleys of the Township in order to sort, rearrange or
clean any of their goods, wares, services or merchandise; nor shall
any such person place or deposit any refuse on any such streets, highways
or alleys; nor shall any such 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.
No person licensed as a solicitor or peddler
under this chapter shall occupy any fixed location upon any of the
sidewalks of the streets, highways, alleys or sidewalks of the Township
for the purpose of soliciting or peddling with or without any stand
or counter.
[Amended 8-12-1975 by Ord. No. 113; at time of adoption of
Code (see Ch. 1, General Provisions, Art. I)]
The Police Department shall keep a record of
all licenses issued under this chapter. The Township police shall
supervise the activities of all holders of such licenses.
[Amended 8-12-1975 by Ord. No. 113]
Any license issued under this chapter may be
suspended or revoked at any time by the Manager of the Township of
Patton upon proof being furnished to them that the application for
the license contained false information or that the applicant or licensee
was convicted of a crime involving moral turpitude after the issuance
of such license and that the licensee was convicted of disorderly
conduct under any law of the Commonwealth of Pennsylvania or any Ordinance
of the Township of Patton.
No person licensed as a solicitor or peddler
under this chapter shall hawk or cry their wares or services upon
any of the streets or sidewalks of the Township nor shall be use any
loudspeaker, bell, whistle or other device for announcing their presence
by which the public is annoyed.
[Amended 8-12-1975 by Ord. No. 113; 8-14-1996 by Ord. No. 96-330; 9-22-2004 by Ord. No. 2004-441]
Any person, firm, association or corporation
who or which shall violate or fail, neglect or refuse to comply with
the provisions of this chapter shall, upon conviction thereof, in
a proceeding commenced before a Magisterial District Judge pursuant
to the Pennsylvania Rules of Criminal Procedures, be sentenced to
a fine of not less than $35, nor more than $1,000, plus costs, and,
in default of payment of said fine and costs, a term of imprisonment
not to exceed 90 days.