Township of Maidencreek, PA Chapter 151 Peddling and Soliciting

[HISTORY: Adopted by the Board of Supervisors of the Township of Maidencreek 2-6-1969 by Ord. No. 48. Amendments noted where applicable.]

GENERAL REFERENCES

Garage sales — See Ch. 122.

§ 151-1 Definitions; word usage.

A. As used in this chapter, the following terms shall have the meanings indicated:

ITINERANT VENDOR

Any attempt to offer or offering for sale any items at a temporary location or seasonal items not permitted at a permanent location. Examples include, but are not limited to, the sale of flowers, fireworks, plants, Christmas trees, pumpkins, and other seasonal-type sales.

[Added 3-12-2015 by Ord. No. 237]

PEDDLER

Any person who shall engage in peddling, as hereinbelow defined.

PEDDLING

Engaging in peddling, canvassing, soliciting, or taking of orders either by sample or otherwise for any goods, wares, or merchandise, or for work of any nature to be performed, either by sample or otherwise, upon any of the streets or sidewalks or from house to house within the Township of Maidencreek, including itinerant vendors, as defined above; provided, however, the word "peddling" shall not apply to:

[Amended 3-12-2015 by Ord. No. 237]

(1) Farmers selling their own produce;

(2) The sale of goods, wares, or merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose;

(3) Sales of milk and milk products, including seasonal ice cream vendors.

PERSON

Any natural person, association, partnership, firm, or corporation.

SOLICITING

Engaging in soliciting funds or contributions for any organization, cause or purpose whatsoever, upon any of the streets or sidewalks or from house to house within the Township of Maidencreek; provided, the word "soliciting" shall not apply to the soliciting of funds or contributions by or on behalf of any organization or contributions which have been determined to be deductible for Federal Income Tax purposes, if satisfactory evidence that contributions to such organization have been determined to be deductible for income tax purposes is furnished to the Secretary of the Board of Supervisors of the Township of Maidencreek prior to such soliciting.

SOLICITOR

Any person who shall engage in soliciting, as hereinabove defined.

B. In this chapter, the singular shall include the plural, and the masculine shall include the feminine and the neuter.

§ 151-2 Permit required.

[Amended 3-12-2015 by Ord. No. 237]

No person shall engage in peddling, soliciting, or itinerant sales, or assist an individual engaged in peddling, soliciting, or itinerant sales in the Township of Maidencreek without first having taken out a permit as hereinafter provided.

§ 151-3 Application for permit.

[Amended 3-12-2015 by Ord. No. 237]

A. In order to protect the public against fraud and imposition, every person desiring to engage in peddling, soliciting, or itinerant sales in the Township of Maidencreek shall first submit a completed application for soliciting permit to the Secretary of the Board of Supervisors of the Township of Maidencreek. Upon such application, such person shall give his name, address, the name of the person for whom he works, if any; the type of goods, wares, merchandise or work he wishes to peddle, or the nature and activities of the organization, cause, or purpose for which he is soliciting, as the case may be; the length of time for which he desires a permit; identification of the vehicle he uses, the number of assistants he has, and his criminal history, if any. Where a person makes application for himself and one or more assistants, all applicable personal information specified above shall be given for each assistant, and an individual permit shall be required for each assistant. No permit issued under this chapter shall be transferable from one person to another.

B. In addition to the application for permit, as required by § 151-3A, itinerant vendors shall submit a plan detailing ingress, egress, parking, sign locations, and the desired duration, dates and times for itinerant sales, which shall be subject to limitation.

§ 151-4 Issuance of permit.

[Amended 3-12-2015 by Ord. No. 237]

Upon making application therefor, as herein specified, and subject to the approval of the Secretary of the Board of Supervisors of the Township of Maidencreek, a permit shall be issued to any peddler, solicitor, or itinerant vendor. Such permit shall contain the information required to be given upon the application therefor. Every peddler, solicitor, and itinerant vendor shall, at all times when engaged in peddling in the Township of Maidencreek, carry such permit upon his person and shall exhibit such permit upon request to all police officers, Township officials, and citizens. No peddler, solicitor, or itinerant vendor shall engage in any activity not specifically authorized herein.

§ 151-5 Permit fee.

[Amended 3-11-2010 by Ord. No. 223]

Any person required by the provisions of this chapter to procure the permit herein required shall pay for the same such sum as shall be set from time to time by resolution of the Board of Supervisors. Such fee shall be paid to the Secretary of the Board of Supervisors of the Township of Maidencreek for the use of the Township of Maidencreek, whereupon the Secretary of the Board of Supervisors of the Township of Maidencreek shall issue a permit to the person applying for the same.

§ 151-6 Fixed location upon street or sidewalk prohibited.

[Amended 3-12-2015 by Ord. No. 237]

Except for duly permitted itinerant vendors, no person to whom a permit has been issued under this chapter shall occupy any fixed location upon any of the streets or sidewalks of the Township of Maidencreek, for the purpose of peddling or soliciting, with or without any stand or counter.

§ 151-7 Record of permits; supervision.

The Secretary of the Board of Supervisors of the Township of Maidencreek shall keep a record of all permits issued under this chapter. The Secretary of the Board of Supervisors of the Township of Maidencreek, or any member of the Board of Supervisors of the Township of Maidencreek, or any policeman of the Township of Maidencreek, shall have the power to supervise the activities of all holders of such permits.

§ 151-8 Suspension of permit.

The Chairman of the Board of Supervisors of the Township of Maidencreek, or any policeman of the Township of Maidencreek, is hereby authorized to suspend any permit issued under this chapter when he deems such suspension to be beneficial to the public health, safety or morals, or for violation of any of the provisions of this chapter, or for giving false information upon any application for a permit hereunder.

§ 151-9 Permitted hours of peddling/soliciting.

[Added 3-12-2015 by Ord. No. 237[1]]

A. No person licensed as a peddler/solicitor under this chapter shall engage in peddling at any time other than the approved days/times as follows:

(1) Monday through Friday: 9:30 a.m. to 6:00 p.m.

(2) Saturday: 9:30 a.m. to 5:00 p.m.

B. Peddling and soliciting on Sundays and all federal holidays are strictly prohibited.

[1] Editor's Note: This ordinance also provided for the renumbering of former § 151-9, Violations and penalties, as § 151-11.

§ 151-10 Insurance required.

[Added 3-12-2015 by Ord. No. 237]

All persons seeking a permit for peddling/soliciting/itinerant sales, as specified herein, must submit a certificate of insurance, in the amount of $500,000, with Maidencreek Township as the named insured, to the Secretary of the Board of Supervisors of the Township of Maidencreek along with a completed application.

§ 151-11 Violations and penalties.

[Amended 3-11-2010 by Ord. No. 223]

Any person who violates any provision of this chapter shall be subject to the general penalty provisions as prescribed in Article I of Chapter 1, General Provisions.