Township of Patton, PA
Centre County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Patton 12-14-1964 by Ord. No. 31. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 149.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
PEDDLER
Any person who shall engage in peddling as herein defined.
PEDDLING
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 said Township.
PERSON
Any natural person, association, partnership, firm, organization or corporation.
SOLICITING
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 of Patton and shall further mean the seeking or taking of contracts or orders for home or other building repairs, improvement and alterations and also orders or contracts for any mechanical, electrical, plumbing or heating device or equipment for house or other building improvements or repairs, upon or from the places aforesaid within said Township.
SOLICITOR
Any person who shall engage in soliciting as hereinabove defined.
B. 
The words "soliciting" and "peddling" shall not apply to:
(1) 
Farmers seeking or taking orders for the sale of their own products.
(2) 
The seeking or taking of orders by any manufacturer or producer for the sale of bread and bakery products, meat and meat products or milk and milk products.
(3) 
The sale of goods, wares, and merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose.
(4) 
Any honorably discharged soldier, sailor or marine of the military service who complies with the Acts of Assembly of the Commonwealth of Pennsylvania of 1867, April 8, P.L. 50, as amended,[1] and who procures from the Prothonotary of the proper county a certificate in pursuance of said Act of Assembly.
[1]
Editor's Note: 60 P.S. § 61 and § 62, regarding military veterans exemption, was repealed Nov. 24, 1992, by P.L. 717, No. 108, § 3.
(5) 
The seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania for insurance.
(6) 
Persons, corporations, partnerships and associations, their agents or employees, who have complied with the provisions of the Act of Assembly of the Commonwealth of Pennsylvania of 1935, P.L. 644, as amended,[2] governing solicitations for charitable, benevolent, patriotic or other purposes.
[2]
Editor's Note: The Charitable Organization Reform Act 10 P.S. § 161.1 et seq. was repealed. See now 10 P.S. § 162.1 et seq., Solicitation of Funds for Charitable Purposes Act.
(7) 
Any person taking orders for merchandise from dealers or merchants for resale to an ultimate consumer.
C. 
In this chapter, the singular shall include the plural and the masculine shall include the feminine and the neuter.
No person shall engage in soliciting or peddling in the Township of Patton without first having taken out a license as herein provided.
[Amended 8-12-1975 by Ord. No. 113]
Every person desiring to engage in soliciting or peddling in the Township of Patton shall first make application to the Manager for a license. If such person shall also be required to obtain a license from any county officer, he shall, in making such application, exhibit a valid county license. Said application shall be upon a blank provided by the Township Secretary and shall contain at least the following information verified by oath or affirmation:
A. 
Full name of the applicant and local address, if any.
B. 
Permanent address.
C. 
Name of employer or a statement that such applicant is self-employed.
D. 
The nature of the goods, wares, services or merchandise offered for sale.
E. 
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 or punishments imposed there.
F. 
The type of vehicle to be used, if any.[1]
[1]
Editor's Note: Former Subsection G, requiring the applicant to submit to fingerprinting and furnish a photograph, which subsection immediately followed this subsection, was deleted 8-14-1996 by Ord. No. 96-330.
[Amended 8-12-1975 by Ord. No. 113; amended 11-13-2019 by Ord. No. 2019-602]
A. 
No license shall be issued or denied under this chapter until a period of at least 24 hours has elapsed from the time the application has been filed with the Police Department.
B. 
Responsibility of the Chief of Police. The Chief of Police, or his/her designee, shall conduct an investigation using the references and information provided by the applicant and other sources to determine if the applicant is of good character, has been convicted of any crime(s) or has conducted his/her business in a fraudulent or unsatisfactory manner. Based on the investigation, the Chief of Police, or his/her designee, shall either recommend approval or denial of the license and the reasons thereof.
[Amended 8-12-1975 by Ord. No. 113]
No license shall be issued under this chapter until the license fee, to be set by resolution of the Board of Supervisors, shall be paid to the Township. A separate application shall be filed and a separate license fee shall be paid by each person who shall actually conduct the soliciting or peddling and shall apply where an employer desires to secure licenses for his employees, agents or servants.
[Amended 8-12-1975 by Ord. No. 113]
The license granted pursuant to this chapter shall be valid for the period as stated in the license, and upon the expiration of any license, if the person holding the same 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. Such license may be issued, in advance, upon payment in advance of the license fee as set by resolution.
Such license when issued shall state, inter alia, the products to be sold or services to be rendered by the licensee. Every solicitor or peddler shall at all times, when engaged in soliciting or peddling in the Township of Patton, carry such 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 product or service 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. During the time of the year when Eastern standard time is effective, the aforesaid hours shall be Eastern standard time, and during the time of the year when Daylight saving time is effective, the aforesaid hours shall be daylight saving time.
No person licensed as a solicitor or peddler under this chapter shall park any vehicle upon any of the streets, highways or alleys of the Township in order to sort, rearrange or clean any of his goods, wares, services or merchandise; nor shall any such person place or deposit any refuse on any such streets, highways or alleys; nor shall any such person maintain or keep a street or curbstone market by parking any vehicle upon any street or alley in the Township for longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.
No person licensed as a solicitor or peddler under this chapter shall occupy any fixed location upon any of the sidewalks of the streets, highways, alleys or sidewalks of the Township for the purpose of soliciting or peddling with or without any stand or counter.
[Amended 8-12-1975 by Ord. No. 113]
The Manager shall keep a record of all licenses issued under this chapter and the Township Police shall apply daily for a list of licenses issued hereunder since the previous day. The Township police shall supervise the activities of all holders of such licenses.
[Amended 8-12-1975 by Ord. No. 113]
Any license issued under this chapter may be suspended or revoked at any time by the Manager of the Township of Patton upon proof being furnished to him that the application for the license contained false information or that the applicant or licensee was convicted of a crime involving moral turpitude after the issuance of such license and that the licensee was convicted of disorderly conduct under any law of the Commonwealth of Pennsylvania or any Ordinance of the Township of Patton.
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 of the Township nor shall be use any loudspeaker, bell, whistle or other device for announcing his presence by which the public is annoyed.
[Amended 8-12-1975 by Ord. No. 113; 8-14-1996 by Ord. No. 96-330; 9-22-2004 by Ord. No. 2004-441]
Any person, firm, association or corporation who or which shall violate or fail, neglect or refuse to comply with the provisions of this chapter shall, upon conviction thereof, in a proceeding commenced before a magisterial district judge pursuant to the Pennsylvania Rules of Criminal Procedures, be sentenced to a fine of not less than $35, nor more than $1,000, plus costs and, in default of payment of said fine and costs, a term of imprisonment not to exceed 90 days.