[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:
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:
A.
Farmers seeking or taking orders for the immediate sale
of their own products.
B.
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.
C.
Persons taking orders for merchandise from dealers, distributors,
manufacturers or merchants for resale to an ultimate consumer, dealer or distributor.
D.
Any school student attending any school district serving
the Township.
E.
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.
A.
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:
(1)
Full name and telephone number of the applicant and local
address, if any.
(2)
Permanent address.
(3)
Name of employer or a statement that such applicant is
self-employed.
(4)
The nature of the goods, wares, services, or merchandise
offered for sale and the manner in which it will be offered.
(5)
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.
(6)
The type of vehicle to be used, if any.
(7)
Three business references who have known the applicant
for three years or more.
B.
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.
C.
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.
A.
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.
B.
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.
A.
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.
B.
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.
