[Ord. No. 79, 7/2/1997]
The purpose of this part is to limit the adverse effects on the public health, safety and welfare created by obscenity which provides an atmosphere conducive to violence, sexual harassment, public intoxication, prostitution, the spread of sexually transmitted diseases, and other deleterious effects.
[Ord. No. 79, 7/2/1997]
This part is enacted pursuant to the authority granted by the legislature of the Commonwealth of Pennsylvania in its duly enacted statutes, including sections of the Second Class Township Code, including, § 1506 and § 1601, which authorize the township to enact ordinances that address the protection of the health, safety, and welfare of township residents.
[Ord. No. 79, 7/2/1997; Ord. No. 167, 4/6/2011]
1. 
[Prohibited Actions.] No person, knowing the obscene character of the materials or performances involved, shall:
A. 
Display or cause or permit the display of any explicit sexual materials as defined in this section in or on any window, showcase, newsstand, display rack, billboard, display board, viewing screen, motion picture screen, marquee or similar place in such manner that the display is visible from any public street, highway, sidewalk, transportation facility, schools up to and including the 12th grade and their adjunct play areas, or other public thoroughfare, or in any business or commercial establishment where minors, as a part of the general public or otherwise, are or will probably be exposed to view all or any part of such materials.
B. 
Sell, lend, distribute, exhibit, give away or show any obscene materials to any person 18 years of age or older or offer to sell, lend, distribute, exhibit or give away or show, or have in his possession with intent to sell, lend, distribute, exhibit or give away or show any obscene materials to any person 18 years of age or older, or knowingly advertise any obscene materials in any manner.
C. 
Design, copy, draw, photograph, print, utter, publish or in any manner manufacture or prepare any obscene materials.
D. 
Write, print, publish, utter or cause to be written, printed, published or uttered any advertisement or notice of any kind giving information, directly or indirectly, stating or purporting to state where, how, from whom, or by what means any obscene materials can be purchased, obtained or had.
E. 
Produce, present or direct any obscene performance or participate in a portion thereof that is obscene or that contributes to its obscenity.
F. 
Hire, employ, use or permit any minor child to do or assist in doing any act or thing mentioned in this section.
2. 
Definitions. As used in this part the following words and phrases shall have the meanings given to them in this subsection:
COMMUNITY
For the purpose of applying the "contemporary community standards" in this section, "community" means Chester County.
KNOWING
As used in this part, knowing means having general knowledge of, or reason to know or a belief or ground for belief which warrants further inspection or inquiry of, the character and content of any material or performance described therein which is reasonably susceptible of examination by the defendant.
MATERIAL
Any literature, including any book, magazine, pamphlet, newspaper, story paper, bumper sticker, comic book or writing; any figure, visual representation, or image, including any drawing, photograph, picture, videotape or motion picture.
NUDE
Showing the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or showing the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple.
OBSCENE
Any material or performance, if:
A. 
The average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest.
B. 
The subject matter depicts or describes in a patently offensive way, sexual conduct of a type described in this section.
C. 
The subject matter, taken as a whole, lacks serious literary, artistic, political, education or scientific value.
PERFORMANCE
Any play, dance or other live exhibition performed before an audience.
SADOMASOCHISTIC ABUSE
In a sexual context, flagellation or torture by or upon a person who is nude or clad in undergarments, a mask or in a bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one who is nude or so clothed.
SEXUAL CONDUCT
Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse, and/or oral sodomy and sexual bestiality; and patently offensive representations or descriptions of masturbation, excretory functions, sadomasochistic abuse, and lewd exhibition of the genitals.
TRANSPORTATION FACILITY
Any conveyance, premises or place used for or in connection with public passenger transportation, whether by air, rail, motor vehicle or any other method including aircraft, water craft, railroad cars, buses, and air, boat, railroad and bus terminals and stations.
3. 
Dissemination to Minors. No person shall knowingly disseminate by sale, loan or otherwise explicit sexual materials to a minor. "Explicit sexual materials," as used in this part, means materials which are obscene or:
A. 
Any picture, photograph, drawing, sculpture, motion picture film, video tape or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors.
B. 
Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in paragraph A., or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors.
4. 
Admitting Minor to Show. It shall be unlawful for any person knowingly to exhibit for monetary consideration to a minor or knowingly to sell to a minor an admission ticket or pass or knowingly to admit a minor for a monetary consideration to premises whereon there is exhibited, a motion picture show or other presentation or performance which, in whole or in part, depicts nudity, sexual conduct or sadomasochistic abuse and which is harmful to minors, except that the foregoing shall not apply to any minor accompanied by his parent.
5. 
Definitions. As used in Subsections 3 and 4 of this section:
HARMFUL TO MINORS
That quality of any description or representation in whatever faun, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:
A. 
Predominantly appeals to the prurient, shameful, or morbid interest of minors.
B. 
Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors.
C. 
Taken as a whole, lacks serious literary, artistic, political, educational or scientific value for minors.
KNOWINGLY
Having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:
A. 
The character and content of any material or performance described herein which is susceptible of examination by the defendant.
B. 
The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.
MINOR
Any person under the age of 18 years.
NUDITY
The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
SEXUAL CONDUCT
Acts of masturbation, homosexuality, sexual intercourse, sexual bestiality or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast.
SEXUAL EXCITEMENT
The condition of human male or female genitals when in a state of sexual stimulation or arousal.
6. 
Requiring Sale as Condition of Business Dealings. No person shall knowingly require any distributor or retail seller as a condition to the sale or delivery for resale or consignment of any literature, book, magazine, pamphlet, newspaper, story paper, paper, comic book, writing, drawing, photograph, videotape, figure or image, or any written or printed matter, or any article or instrument to purchase or take by consignment for purposes of sale, resale or distribution any obscene literature, book, magazine, pamphlet, newspaper, story paper, paper, comic book, writing drawing, photograph, videotape, figure or image, or any written or printed matter of an obscene nature or any article or instrument of an obscene nature.
7. 
Injunction. The attorney for the township may institute proceedings in equity in the county court of common pleas against any person who violates, or clearly is about to violate this section for the purpose of enjoining such violations. The court shall issue an injunction only after written notice and hearing, and only against the defendant in the action.
8. 
Criminal Prosecution. Any person, firm or corporation who shall violate a 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.
9. 
Exemptions. Nothing in this section shall apply to any recognized historical society or museum accorded charitable status by the federal government, any county, city, borough, township or town library, any public library, any library of any school, college or university or any archive or library under the supervision and control of the commonwealth or a political subdivision.
[Ord. No. 189, 11/5/2014]
The board of supervisors has determined that the safety and privacy of township residents, particularly the elderly, may be jeopardized by fraudulent schemes to sell goods and services to township residents, and that it is in the best interest of the township to establish regulations applicable to peddling and soliciting activities within the township.
[Ord. No. 189, 11/5/2014]
It is the purpose and intent of this part to provide the township with standards defining and regulating peddling and soliciting. These standards are intended to maintain the safe travel along roads within the township and protect the safety and privacy of the residents of the township by regulating the behavior of peddlers and solicitors by limiting peddlers' and solicitors' access to residents who do not wish to interact with them.
[Ord. No. 189, 11/5/2014]
The following words shall have the following meanings when used in this part, unless the context requires otherwise:
CERTIFICATE OF REGISTRATION
A peddler's or solicitor's authority to conduct peddling and soliciting activities in within the township issued in accordance with the provision of this part.
PEDDLE
To engage in the peddling, soliciting, hawking, vending, taking of orders (either by sample or otherwise), selling, or offering for sale any services, goods, wares, merchandise, printed matter, or food products by visitation to private homes or residences without the direct invitation of the inhabitants thereof, or on the public streets or highways of the township. Provided, the word "Peddling" shall not apply to:
A. 
Farmers selling their own produce; or
B. 
The sale of goods, wares and merchandise, donated by the owners thereof, the proceeds whereof shall be applied to any charitable or philanthropic purpose (but in no event to an organization which seeks to affect legislation).
PEDDLER
Any person engaged in peddling.
PERSON
Any individual, joint venture, association, partnership, trust, corporation, or other legal entity.
SOLICIT
To engage in the solicitation of any money or gift of any services, goods, wares, merchandise, or other articles of value by visitation to private homes or residences without the direct invitation of the inhabitants thereof, or on the public streets or highways of the township, whether or not accompanied by the dissemination of information. This action shall include visits from house to house, place to place, at a fixed location, or from street to street traveling by foot, vehicle or any type of conveyance, soliciting, taking or attempting to take orders for the sale of merchandise or services of any kind for future performance or delivery, whether or not collecting advance payments, or who engages in these types of activities in any street or public place, and/or from a stationary location within the township as prohibited by this law.
SOLICITOR
Any person engaged in soliciting.
STREET
Any street, road, highway, or alley (including the area of any right of way, whether improved or unimproved) and shall include the sidewalk within the lines of or alongside of the same.
[Ord. No. 189, 11/5/2014]
Any person who is the owner or lawful occupant of private property within the township may prohibit the practice of going in or upon the private property of such owner or occupant by peddlers or solicitors by posting upon such property a sign which reads "No Peddling or Soliciting" or substantially similar language in a location which is reasonably visible to persons who intend to enter upon such property. Any such signs shall comply with the applicable provisions of the township's sign ordinance.
[Ord. No. 189, 11/5/2014]
Any and all peddlers and solicitors are prohibited from entering upon any property that is posted with a "No Peddling or Soliciting" sign and may be prosecuted for trespassing and/or a violation of this part. If such sign is posted, the peddler or solicitor, whether licensed in accordance with this part or not, shall immediately and peacefully depart from the property.
[Ord. No. 189, 11/5/2014]
1. 
Every peddler and solicitor, whether licensed in accordance with this part or not, shall, in the carrying on of his or her business or activities in the township, comply with the following rules of conduct:
A. 
The peddler or solicitor shall carry official identification, such as a driver's license, at all times and shall exhibit it upon request of any person to whom the peddler or solicitor is attempting to peddle or solicit.
B. 
The peddler or solicitor shall not enter or attempt to enter any dwelling house or place of business without invitation or permission of the occupant and shall immediately leave the premises upon request.
C. 
The peddler or solicitor shall only engage in peddling or soliciting within the township on Monday through Saturday from 9:00 a.m. to 4:00 p.m. No peddling or soliciting shall be allowed on Sundays or on any state or federal legal holidays.
D. 
No peddler or solicitor shall call out or shout to sell his or her services or goods, nor shall the peddler or solicitor use any loudspeaker or horn or other device for announcing his or her presence by which the public is annoyed or by which sound is amplified or altered.
E. 
No peddler or solicitor shall occupy any fixed location upon or along any of the streets, alleys, or sidewalks of the township for the purpose of peddling or soliciting, with or without any sign, stand, counter, or cart.
F. 
No peddler or solicitor shall peddle or solicit in any township park without first acquiring a permit from the township.
G. 
No peddler or solicitor shall park any vehicle upon or along any of the streets, alleys, or sidewalks of the township for the purpose of sorting, rearranging, or cleaning any of his or her goods, wares, or merchandise or for the purpose of disposing of any carton, wrapping material, stock, wares, or foodstuffs.
H. 
No peddler or solicitor shall operate from or use in conjunction with his or her activities any vehicle with a gross vehicle weight rating of 10,000 lbs. or larger.
I. 
No peddler or solicitor shall engage in any activity that creates a public nuisance, disrupts traffic, and/or disturbs the peace and tranquility of the township.
J. 
The peddler or solicitor must comply with all township ordinances, including but not limited to the requirements for signs within the township.
K. 
No person or legal entity may attempt to peddle, solicit or distribute materials or printed material without providing identification identifying the approved certificate of registration from the township.
L. 
No peddler or solicitor may occupy any public street, road, highway, alley or sidewalk and/or operate in any congested area where the activities may impede or inconvenience the public.
[Ord. No. 189, 11/5/2014]
1. 
No person shall engage in peddling or soliciting in the township without first having obtained a certificate of registration to peddle or solicit, respectively, as more fully set forth in this part. The application must be submitted not less than 10 days prior to the proposed activities.
A. 
Application Procedure. Every applicant for a certificate under this part shall file with the board of supervisors or its designee a sworn statement on a form furnished by the township, which shall give or be accompanied by the following information:
(1) 
The name and description of the applicant. If other than a natural person, proof of current status of its authority under the Commonwealth of Pennsylvania.
(2) 
The permanent home address and full local address of the applicant.
(3) 
The names and addresses of all individuals who will perform activities under this part (all persons and/or entities must satisfy the terms of this part).
(4) 
The relationship of those individuals to the applicant, which must include the employment status of those individuals. In the event the applicant is not the employer, the employer must submit and satisfy a separate application.
(5) 
The length of time (which may not exceed 30 days for each application) requested; location of activities.
(6) 
A statement as to whether the applicant and/or any individual associated with the applicant's activates has been convicted of any crime or ordinance, the nature of the offense and punishment and/or penalty assessed.
(7) 
The name, address and telephone number of the organization or legal entity represented and the names, telephone numbers and addresses of its legal officer/representatives.
(8) 
The names and addresses of all sponsors, promoters, and solicitors connected with the activities.
(9) 
A specific outline and description of proposed activates.
(10) 
A statement as to whether or not any commission, fee, wage, or other compensation is to be paid in connection with the activities described, and, if so, details as to the amount to be expended from the funds.
(11) 
To the extent any other controlling agency, municipality or controlling entity requires a permit, registration or license, include a copy of such response.
B. 
No certificate of registration issued under this part shall be transferable.
C. 
The application fee shall be set by resolution of the board of supervisors.
D. 
All certificates of registration issued by the township shall be exhibited in clear view by the person peddling or soliciting at all times, and it shall not be altered or used by any other person except the applicant.
E. 
All certificates of registration shall expire after 30 days but may be renewed for additional thirty-day periods by written request to the township, provided that the applicant has complied with the provisions of this part.
F. 
The issuance of a certification of registration grants the applicant the privilege of conducting the permitted activity described in the application under the terms of this part within the township. The issuance of certificate does not confer any property right upon the applicant.
[Ord. No. 189, 11/5/2014]
A. 
Persons engaged in door-to-door canvassing on religious or political subjects, or distributing religious or political handbills shall be exempt from the certificate requirements of this part. All such persons, however, shall carry official identification, such a drivers license, at all times and shall exhibit it upon request of any person to whom the peddler or solicitor is attempting to peddle to or solicit.
B. 
Persons soliciting or peddling on behalf of organizations of purely public charities, such as local churches, scout troops, civic and service organizations, fire companies, athletic organizations, and the like, provided however, that any such group must notify the township in writing in advance of any such peddling or solicitation setting forth the dates of such peddling or solicitation will take place within the township.
C. 
Any person who is required to register with the Commonwealth of Pennsylvania in connection with peddling or soliciting for any charitable organization, shall carry proof of this registration upon his or her person at all times and shall exhibit it upon request of any person to whom the peddler or solicitor is attempting to peddle to or solicit.
D. 
Farmers engaged in selling only the produce of their own farms from a truck or other vehicle.
[Ord. No. 189, 11/5/2014]
The township is hereby authorized to suspend or revoke any certification of registration issued under this part for any violation of any of the provisions of this part, or for giving false information upon any application for an applicant. The township is further authorized to refuse a certificate of registration to any person with a prior criminal record and to any other person who would present a threat of harm or danger.
[Ord. No. 189, 11/5/2014]
1. 
Noncompliance of any provision of this part constitutes a violation.
A. 
Any person who or which has violated or permitted the violation of the provisions of this part (hereinafter the "violator") shall, upon being found liable therefore in a civil enforcement proceeding commenced by the township, pay a judgment of not more than $600 plus all court costs, including reasonable attorneys fees incurred by the township as a result thereof. Each day that a violation continues shall constitute a separate violation.
B. 
Notwithstanding anything herein to the contrary, any suit for financial penalty brought by or on behalf of the township against a violator under this part shall in no way constitute an election of remedies, and the township, and any other person having a cause of action against this violator, shall be entitled to pursue any such remedies against this violator as provided by law or in equity.