[HISTORY: Adopted by the Board of Supervisors
of the Township of East Whiteland 1-9-2019 by Ord. No. 305-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 136,
Peddling and Soliciing, adopted 11-5-1958 by Ord. No. 15, as amended.
Unless otherwise expressly stated, for the purpose of this chapter
the following words shall have the meanings indicated:
One who engages in the practice of canvassing, the practice
of going from residence to residence in order to:
Make surveys or collect information for the federal, state,
county, or East Whiteland Township government or any agency thereof,
or for any bona fide educational or quasi-governmental agency.
Make analyses, to take opinion polls, to compile rating data;
Obtain or seek contributions for any charitable, religious,
political, or nonprofit organization or cause;
Advance religious or political causes and proselytizing with
regard thereto; or
Conduct any similar work which, by its nature, involves door-to-door
or place-to-place activity, including distribution of circulars, but
not for commercial activity of any kind.
The activity of going onto the premises of other persons,
without prior arrangement with the owner or occupant of such premises,
for the principal purpose of the sale or taking of orders for future
sales of any type of tangible goods, including, but not limited to,
books, magazines, or other periodicals, to offer to perform any services
or to enter into any agreement for the provision of services, or any
combination of the sale of goods or provision of services, or the
distribution of advertising circulars relating to the sale of goods
or provision of services.
A person engaging in the activity of door-to-door solicitation.
A.
Any person or organization intending to engage or to cause persons
to engage in the activity of door-to-door solicitation, as defined
in this chapter, prior to commencing such activity shall obtain a
permit from the East Whiteland Township Police Department. In the
case of an organization, each person engaging in door-to-door solicitation
shall be required to provide the necessary information and documentation
with the permit application and obtain an individual permit for that
person, and the organization may not simply obtain one permit applicable
to all persons engaging in door-to-door solicitation on its behalf.
All information provided on the permit application shall be provided
under the penalty of law as provided in 18 Pa.C.S.A. § 4904,
False Swearing.[1]
[1]
Editor's Note: See 18 Pa.C.S.A. § 4904, Unsworn
falsification to authorities.
B.
Every person to whom a permit shall have been issued under this chapter
shall carry the permit on his or her person at all times and exhibit
it, upon request, to any police officer or to any person on whom he
or she shall call or with whom he or she shall talk.
C.
Any person engaging in door-to-door solicitation or any organization
employing any door-to-door solicitors that shall engage in such activity
without obtaining the required permit shall be in violation of this
chapter and shall be liable for the penalty provided for herein.
D.
The permit application process shall be made to the East Whiteland
Township Police Department. As part of the application process, the
East Whiteland Township Police Department shall obtain the person's
criminal history/record from the Pennsylvania State Police. The applicant
shall pay the East Whiteland Township Police Department the costs
thereof for obtaining the person's criminal history/record. Alternatively,
the applicant may obtain the person's criminal history/record
directly from the Pennsylvania State Police and present it to the
East Whiteland Police Department as part of the application process,
with the criminal history/record search being performed within 30
days of the application. If the person's current driver's
license or other form of government issued identification indicates
that the person engaging in door-to-door solicitation is from a different
state, such person's certified criminal background information
shall be provided from such state indicated on the identification.
E.
The application for a door-to-door solicitation permit shall request
the following information from each door-to-door solicitor:
(1)
Person's name;
(2)
Person's date of birth;
(3)
Person's telephone number;
(4)
A photocopy of the person's current driver's license or
other government-issued identification;
(5)
Person's social security number;
(6)
The address where notices under this chapter should be sent;
(7)
The name and address of the person's employer, company, or principal;
(8)
The address and phone number of the person's employer, company
or principal;
(9)
The type of business and/or description of product or service offered;
(10)
Person's vehicle make/model, year, color, license plate
number and state to be utilized;
(11)
A statement as to whether the person has ever been arrested
in any jurisdiction and, if so, the date of the arrest and of what
crime(s) charged, regardless of whether such arrest was subsequently
expunged;
(12)
The approximate neighborhoods and locations of the solicitation.
F.
The permit fee for each door-to-door solicitor shall be the fee as
set from time to time by resolution of the East Whiteland Township
Board of Supervisors.
G.
Permits shall expire 90 days from the date of issuance.
H.
A permit may be renewed annually by the applicant by sending a request
in writing to the East Whiteland Township Police Department within
10 days prior to the permit's expiration date along with payment
of the applicable fee and any amendments to the original application
to reflect any changes in the information originally provided.
I.
The issuance of a permit by the Township shall not be represented
or construed by the door-to-door solicitor as an endorsement of the
Township of the door-to-door solicitor's business or activity,
and by issuing the permit, the Township does not make any representations
or warranties related to, or otherwise ensure, the safety of the door-todoor
solicitor.
It is hereby declared unlawful and a public nuisance, punishable
as set forth in this chapter, for any person, company, corporation
or organization, regardless of whether a door-to-door solicitation
permit was obtained, to undergo door-to-door solicitation under the
following circumstances:
A.
When the owner or occupant of the residence has conspicuously posted
a "No Trespassing" or "No Soliciting" sign, or any other similar sign
against soliciting or entry;
B.
When the door-to-door solicitor remains on the premises after the
owner or occupant of the residence requests the door-to-door solicitor
to leave the premises;
C.
When the door-to-door solicitor enters or attempts to enter any residence
without the invitation or permission of the occupant;
D.
When the door-to-door solicitor is not carrying, or otherwise able
to exhibit upon request, the door-to-door solicitation permit obtained;
E.
When door-to-door solicitation is conducted before 9:00 a.m. or after
8:00 p.m.;
F.
If it is determined that false, incomplete, or misleading information
was provided on the solicitation permit application.
The terms of this chapter, including the need to obtain a permit
for door-to-door solicitation, shall not apply to:
A.
Persons under the age of 18 years who take orders for, and make delivery
of, printed materials, greeting cards, candy, cookies, flowers, coupon
cards/books, and similar products on behalf of any charitable, school,
sport, community or other similar organization;
B.
Persons defined as "canvassers" herein;
C.
Candidates for elective office;
D.
Farmers engaged in selling the products of their farms;
E.
Persons who have been licensed by the Commonwealth of Pennsylvania
to engage in door-to-door solicitation, when so engaged; including,
without limitation, real estate, insurance or securities brokers and
salespeople.
A.
A door-to-door solicitation permit shall not be issued to any person
who:
(1)
Has not completed the permit application in full or has not provided
the necessary documentation requested in the application;
(2)
Has previously been found guilty of violating any provision of this
chapter;
(3)
Has been convicted, within the seven years preceding the date of
the application for a permit, of any theft or theft-related crime,
fraud or any fraud-related crime, or any similar offense tending to
show dishonesty of character;
(4)
Has been convicted of any felony;
(5)
Has provided false or misleading information on the permit application.
B.
A door-to-door solicitation permit shall be revoked if it is determined by the East Whiteland Township Police Department that the door-to-door solicitor violated this chapter, including any provisions set forth under § 136-3. Notice of revocation shall be given by written notice personally served or sent by registered mail to the address designed for this purpose in the application for the solicitation permit.
C.
If a company or other entity has more than one person engaging in
door-to-door solicitation in East Whiteland Township, and the permit
issued to any one such person is revoked, the permits for all door-to-door
solicitors working for that company or entity shall be revoked.
D.
In the event that a door-to-door solicitation permit is revoked under
this section, no administrative or other fees shall be refunded to
the permit holder.
Any person violating any provision of this chapter shall be
guilty of a summary offense and shall, upon conviction, be required
to pay a fine of not less than $100 nor more than $1,000 per violation,
plus all court costs and reasonable attorneys' fee incurred by
the Township. After such person is notified that he or she is in violation,
each and every subsequent day that violations of this chapter continue
shall be punishable as separate offenses.
