[HISTORY: Adopted by the Board of Supervisors of the Township of Kidder 4-16-1991 by Ord. No. 1991-85. Amendments noted where applicable.]
This chapter is being enacted for the following purposes:
Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meaning herein indicated:
- BOARD OF SUPERVISORS
- The governing body of the Township of Kidder, Carbon County, Pennsylvania.
- Any person engaged in the act of peddling as defined within this section.
- 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 him in traveling, or has in his 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 Township.
- 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; and shall further mean the seeking or taking of contracts or orders for home or other building repairs, improvements and alterations and also orders or contracts for any mechanical, electrical, plumbing or heating devices or equipment for house or other building improvements or repairs upon places aforesaid within the Township.
- Any person engaged in the act of soliciting as defined within this section.
- The Township of Kidder, Carbon County, Pennsylvania.
This chapter shall not apply to:
Farmers seeking or taking orders for the immediate sale of their own products.
Persons selling or offering for sale goods or services when at the time of said sale or offering for sale the person and his employer hold a valid license from the appropriate agency of the Commonwealth of Pennsylvania to offer the goods or services for sale to the public.
Persons taking orders for merchandise from dealers, distributors, manufacturers or merchants for resale to an ultimate consumer, dealer or distributor.
Any school student attending any school district serving the Township.
Organizations which solicit only within the membership of the organization by the members thereof.
No person shall engage in soliciting or peddling in the Township without first having obtained a permit as provided in this chapter.
Every person desiring to engage in soliciting or peddling in the Township shall first make application to the Township Secretary for a permit. The application shall be made on a form provided by the Township and shall contain the following information:
Full name and telephone number of the applicant and local address, if any.
Name of employer or a statement that such applicant is self-employed.
The nature of the goods, wares, services, or merchandise offered for sale and the manner in which it will be offered.
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 imposed.
The type of vehicle to be used, if any.
Three business references who have known the applicant for three years or more.
Where an individual makes application for himself and one or more other individuals, all applicable personal information specified above shall be given for each individual and verified or affirmed by oath or affirmation by the individual to be permitted. An individual permit shall be required for each solicitor or peddler. No permit under this chapter shall be transferable from one individual to another.
No permit shall be issued under this chapter until approved by the Kidder Township Board of Supervisors or its designated agent until three days after the date of application for said permit is made to the Township.
No permit shall be issued under this chapter until the fee established, from time to time, by resolution of the Board of Supervisors of Kidder Township shall be paid to the Township of Kidder. Such fee shall be in the form of a certified check or money order made payable to the Township of Kidder. A separate application shall be filed and a separate permit fee shall be paid by each individual who shall actually engage in soliciting or peddling. This provision shall apply notwithstanding an employer desiring to secure permits for several employees or agents.
Each license granted under this chapter shall be valid for 45 days after date of said license, and upon the expiration of any license, if the person holding it shall desire to continue or renew soliciting or peddling, he shall be required to file a new application for a license and pay a new license fee.
The license when issued shall state, inter alia, the products to be sold or services to be rendered by the license. Every solicitor or peddler shall at all times when engaged in soliciting or peddling in the Township, carry the license upon his person and shall exhibit it upon request to all police officers, Township officials and citizens. No solicitor or peddler shall engage in selling any products or services 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.
No person licensed as a solicitor or peddler under this chapter shall engage in soliciting or peddling on any national holiday or Sunday.
Any license issued under this chapter may be suspended or revoked at any time by the Board of Supervisors.
No person licensed as a solicitor or peddler under this chapter shall hawk or cry his wares or services upon any of the streets or sidewalks in the Township nor shall he use any loud speaker, bell, whistle or other device for announcing his presence by which the public is annoyed.
The practice of going in and upon private residences in the Township by solicitors and peddlers not having been requested to do so by the owner or occupant of any private residence, for the purpose of soliciting orders for the sale of goods, wares and merchandise and/or disposing of and/or peddling or hawking the same is hereby declared to be a nuisance and a violation of this chapter.
The Board of Supervisors or any duly authorized agent of the Township shall have the power to enforce the provisions of this chapter.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.