As used in this article, the following terms
shall have the meanings indicated:
CANVASSER or SOLICITOR
Any individual, whether resident of the Township or not,
travelling either by foot, wagon, automobile, motor truck, or any
other type of conveyance, from place to place, from house to house,
or from street to street, taking or attempting to take orders for
the sale of goods, wares and merchandise, books, magazines, personal
property of any nature whatsoever for future delivery, or for services
to be performed or furnished in the future, whether or not the individual
has, carries or exposes for sale a sample of the subject of the sale
or whether he is collecting advance payments on the sales or not,
provided that the definition shall include any person, who, for himself,
or for any other person, hires, leases, uses, or occupies any building,
structure, tent, railroad box car, boat, hotel room, lodging house,
apartment, shop, or any other place in the Township for the sole purpose
of exhibiting samples and taking orders for future delivery.
It shall be unlawful for any solicitor or canvasser
to engage in business within the corporate limits of the Township
without first obtaining a permit and license.
[Amended 4-16-1986 by Ord. No. 1986-6; 6-6-1990 by Ord. No. 1990-19; 5-2-2007 by Ord. No. 2007-013]
A. The fee for a canvasser's or solicitor's license is set forth in Chapter
135, Fees and Costs, payable to the Township to defray the cost of investigating, fingerprinting if necessary, printing, processing and issuing the permit.
B. In addition, a deposit of $10 shall be made by applicant with the Township Clerk to assure the return of the badge or certification number as provided for in §
263-13.
Where, by reason of any federal or state law, any person is deemed to be legally exempt from the provisions of this article or from the requirement of securing a license or permit as herein provided, notwithstanding thereof, such person shall before engaging in any type of soliciting or canvassing, as defined in this article, first register on forms provided by the Township with the Chief of Police, furnishing all of the information as provided for in §
203-2. If the Chief of Police, after proper investigation, shall be satisfied that the registrant is not entitled to the exemption above stated, he shall decline to register him, or after investigation, shall find the registrant's character or business responsibility to be unsatisfactory, he shall decline to register him. If the Chief of Police, after investigation, shall find the registrant's character or business responsibility to be satisfactory, he shall issue a certificate of registration, which shall contain the signature of the Chief of Police, and shall show the name and address of the registrant, the name and address of his employer, if any, the kind of goods to be sold by him, or the kind of services to be performed or furnished, the date of issuance and the length of time the registration shall be effective, as well as the license number and other identifying description of any vehicle used in such soliciting or canvassing. The Chief of Police shall keep a permanent record of all registrations. These provisions are to be so applied as not to occasion an undue burden upon interstate commerce, but to be applied for the general protection of the public health, welfare and safety.
No canvassing or soliciting by anyone holding
a permit or license or certification of registration shall be done
except between the hours of 9:00 a.m. and 5:00 p.m. each weekday.
Solicitors and canvassers are required to exhibit their licenses or registrations at the request of any citizen. They shall be required to wear the badge or identification number furnished them on the outer clothing, so that they may be visible at all times while they are canvassing or soliciting. When the permittee shall cease operation under the permit in any event, or on the expiration of the permit, the permittee shall surrender his permit and badge or identification number to the Township Clerk, who in receipt of same shall refund the deposit made for the badge or identification in accordance with §
263-10.
No solicitor or canvasser, nor any person in
his behalf, shall shout, make any cryout, blow a horn, ring a bell
or use any sound device, including any loud-speaking radio or sound-amplifying
system upon any of the streets, alleys, parks or other public places
of the Township or upon any private premises in the Township where
sound of sufficient volume is emitted or produced therefrom to be
capable of being plainly heard upon the streets, avenues, alleys,
parks or other public places, for the purpose of attracting attention
to any goods, wares or merchandise or services which the licensee
or registrant proposes to sell.
No licensee or registrant shall have any exclusive
right to any location in the public streets, nor shall he be permitted
a stationary location, nor shall he be permitted to operate in any
congested area where his operation might impede or inconvenience the
public. He shall not be permitted to stand or remain in any one place
for the purpose of soliciting or canvassing of any goods, wares or
merchandise, or for any services, for which he has secured a license
or registered as per this article, for a period longer than 15 minutes.
For the purpose of this section, the judgment of a police officer,
exercised in good faith, shall be deemed conclusive as to whether
the area is congested or the public impeded or inconvenienced.