[HISTORY: Adopted by the Board of Supervisors of the Township
of Brecknock 1-8-2013 by Ord. No. 185-2013.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Noise and disorderly practices — See Ch. 76.
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch. 79, Peddling and Soliciting, adopted 4-13-1993 by Ord.
No. 88.
The Board of Supervisors of Brecknock Township finds and declares
that the provisions of this chapter are enacted to establish regulations
regarding solicitations, peddling, distribution of handbills, and
canvassing within Brecknock Township, Lancaster County, Pennsylvania
("Township").
Except as otherwise indicated, all provisions in this chapter
shall be applied to all solicitation, peddling and canvassing within
the jurisdictional boundaries of Brecknock Township.
No person shall engage in solicitation, peddling, distribution
of handbills, and/or canvassing for the purpose of soliciting orders,
sales or subscriptions for any goods, wares or merchandise, or for
the purposes of soliciting or obtaining any business or commercial
information, without first having registered with and obtained a permit
from the Township.
A.
Any person seeking such a permit shall submit a written application
with the Township on a form provided by the Township, containing the
following information:
(1)
The name, address, telephone number, and contact person for the principal
applicant.
(2)
The nature of the goods, wares, merchandise or services that are
to be sold or distributed.
(3)
The proposed method of solicitation and/or operation within the Township,
including, but not limited to, days and hours of solicitation, peddling
or canvassing.
(4)
A list of all persons who will solicit or canvass in the Township
on behalf of the applicant, including name, address, telephone number,
and a general description.
(5)
A current photograph to be affixed to the permit for purposes of
personal identification.
(6)
Such other and further information as the Township may deem relevant
and require from time to time.
B.
Following the completion of such application, the Pennsylvania State
Police or such other representative designated by the Board of Supervisors
shall have 72 hours to investigate the applicant and to grant or deny
the permit.
C.
The Township may refuse to issue a permit in cases where investigation
shall disclose a criminal record or any false or misleading statement
on the application. The appeal on a refusal to issue a permit shall
be made within 10 days to the Board of Supervisors of Brecknock Township
by filing written notice of the appeal with the Secretary of the Township.
The Board of Supervisors shall thereafter hold a hearing and render
a decision on the refusal to issue a permit pursuant to the provisions
of the Local Agency Law, Section 5, 2 Pa.C.S.A. § 55 et
seq.
D.
The Pennsylvania State Police or its authorized deputy is hereby authorized to suspend or revoke any permit issued under this chapter when it deems such suspension or revocation to be in the interest of the public health, safety or morals or for the violation of any of the provisions of this chapter or for giving false information upon any application for a permit. Appeals from any suspension or revocation may be made in the manner outlined in Subsection C of this section.
E.
The permit shall be dated and signed by the Pennsylvania State Police
or its authorized deputy or a representative designated by the Board
of Supervisors and shall be valid for the period of time desired by
the applicant, not to exceed 30 days. The permit shall be in the individual's
possession while engaged in solicitation and shall be exhibited upon
request to all police officers, Township officials and residents of
the Township.
F.
No permit issued under this chapter shall be transferable from one
person to another.
The permit granted pursuant to this chapter shall be valid for
30 days after the date such permit is issued; and, upon the expiration
of any permit, if the person holding the same shall desire to continue
or renew soliciting or peddling, he or she shall be required to file
a new application for a permit. Such permits may be issued in advance
for consecutive thirty-day periods not exceeding six in number.
No person shall solicit, peddle or canvass within the Township
without possessing a current, valid copy of the official permit issued
by the Township, together with such other identification as may be
required by the Township. Such person shall solicit, peddle or canvass
only the items, commodities, services or subscriptions identified
in the registration application. Each person conducting such activity
shall obtain a permit. Permits are nontransferable.
A.
The
following are exempt from the requirement to secure a permit when
conducting activities consistent with their charter and under the
protection of the First Amendment of the Constitution of the United
States:
(1)
Officers or employees of the Township, county, state or federal government,
or any subdivision thereof, when on official business;
(2)
Charitable, religious or nonprofit organizations or corporations
which have received tax-exempt status under 26 U.S.C. § 501
(c)(3), or other similar civic, charitable or nonprofit organizations;
(3)
Boys or girls under 18 years of age who take orders for and deliver
newspapers, greeting cards, candy, cookies, and other fund-raising
items and the like, or who represent the Boy Scouts, Girl Scouts,
schools, churches or similar organizations; and
(4)
Representatives of political organizations.
B.
Activities
and arrangements having prior consent of the occupant are exempt from
the provisions of this chapter.
Solicitation and canvassing shall only occur within the Township
during the following hours:
No solicitor, peddler or canvasser shall enter upon any residence
within the Township that is posted with signage providing that such
contact, solicitation or canvassing is not desired by the resident
thereof.
The Pennsylvania State Police shall be charged with the responsibility
of enforcing the provisions of this chapter.
This chapter shall be enforced as a summary offense under the
Pennsylvania Rules of Criminal Procedure. Any person or persons, corporation,
partnership or other entity whatsoever violating any of the provisions
of this chapter shall, upon conviction before a District Judge, be
sentenced to pay a fine of not less than $50 nor more than $600 per
violation, plus costs of prosecution, and, in default of payment of
such costs and prosecution, to imprisonment for a term not exceeding
90 days; provided, however, that if the District Judge determines
that the defendant is without the financial means to pay the fines
and costs immediately or in a single remittance, such defendant shall
be permitted to pay the fines or costs in installments and over such
periods of time as the District Judge deems to be just.
No person shall:
A.
Sell any product or type of product not mentioned in his/her permit;
B.
Sell his or her wares upon any of the streets, alleys, sidewalks
or public grounds in the Township;
C.
When selling from a vehicle, stop or park such vehicle upon any of
the streets or alleys in the Township for longer than necessary in
order to sell therefrom to persons residing in the immediate vicinity;
or
D.
Park any vehicle upon any of the streets or alleys in the Township
for the purpose of sorting, rearranging or cleaning any of his/her
goods, wares or merchandise or of disposing of any carton or wrapping
material or of any stock or wares or foodstuffs which shall have become
unsalable through handling, age or otherwise.
