[HISTORY: Adopted by the Board of Supervisors
of the Township of West Brandywine 7-2-2020 by Ord. No. 2020-03.
Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 119.
A.
Findings. The West Brandywine Township Board of Supervisors has determined
that the safety and privacy of Township residents, particularly the
elderly, may be jeopardized by fraudulent schemes to sell goods and
services to Township residents, and that it is in the best interest
of the Township to establish standards and regulate peddlers and solicitors.
B.
Purposes. It is the purpose and intent of this chapter to provide
the Township with standards defining and regulating peddling and soliciting.
These standards are intended to protect the safety and privacy of
the residents of West Brandywine Township by regulating the behavior
of peddlers and solicitors and by limiting peddler's and solicitor's
access to residents who do not wish to interact with them.
A.
All persons wishing to engage in peddling or soliciting in the Township
of West Brandywine must complete and file an application and be issued
a license by the Chief of Police prior to the commencing of any peddling
or soliciting activity within the Township.
B.
No person shall engage in peddling or soliciting in the Township
of West Brandywine Township without a valid license, unless exempted.
C.
Any licenses issued pursuant to this chapter are not transferrable
from one individual to another or from one person to another person
and no individual and/or person shall transfer or permit the transfer
of a license from one individual to another individual or person.
A.
A license fee shall be determined by resolution of the Board of Supervisors
of West Brandywine Township, from time to time.
B.
Any license granted pursuant to this chapter shall be valid up to
90 days after the date of issuance of such license, and respective
fees paid, and upon the expiration of any such license, if the person
who was issued said license desires to continue soliciting or peddling,
he/she shall file a new application for a permit and pay the respective
license fee.
A.
Every person subject to the provisions of this chapter shall file,
in person, with the West Brandywine Township Police Department an
application, in writing, on a form furnished by that office, at least
five business days in advance of the beginning of soliciting or peddling
activities in the Township.
B.
If the applicant is also required to obtain a license from any officer
or official of Chester County, he/she shall upon making application
to the Township, supply a valid copy or exhibit of the license issued
by Chester County.
C.
A separate application shall be filed and a separate fee shall be
paid by each individual who shall actually conduct the soliciting
or peddling and shall apply where an employer shall secure a license
for his/her/its employees, agents or servants which may be more than
one in number. The fee or fees shall accompany each application.
D.
The submitted application shall contain at a minimum the following
information:
(1)
The full name and identifying information of the applicant as outlined
on the form.
(2)
The applicant's permanent address, local address if the applicant
lives out of the area and telephone number.
(3)
Proof of identity (driver's license or other legal form of photo
identification).
(4)
The name and address of the employer for whom the soliciting will
be conducted on behalf of; or a statement that such applicant is self-employed.
(5)
The nature of the goods, wares, services, or merchandise to be offered
for sale.
(6)
A statement as to whether the applicant has ever been convicted of
any crime, (excluding minor traffic offenses) and if the answer is
in the affirmative, the nature of the offense or offenses and the
punishment or punishments imposed.
(7)
The type of vehicle to be used, the color and/or Pennsylvania or
other state license number.
(8)
A statement by the applicant verifying the validity of the applications
which shall read as follows:
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<INSERT NAME>, hereby state the facts above set
forth are true and correct to the best of my knowledge, information,
and belief. I understand that the statements herein are made subject
to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn
falsification to authorities). Date: <INSERT DATE> Signature:
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(9)
In the event that the applicant is a minor, the applicant's
parent or guardian must verify or affirm the information and sign
the application.
(10)
No license under this chapter shall be transferable from one
person to another.
(11)
Upon receipt of an application, the Chief of Police shall review
the application and conduct the appropriate investigation, within
five business days, prior to the issuance of the license. If the application
is found to be satisfactory by the Chief of Police, the license will
be issued to the applicant along with a copy of this chapter and the
official West Brandywine Township "No Solicitation List."
E.
No person under the age of 18 shall be permitted to engage in peddling
or soliciting activities except as provided below or exempted from
license:
Upon review of the application, the Chief of Police may refuse
to issue a license to the applicant for any of the following reasons:
A.
If the application is incomplete.
B.
If the information provides a reasonable basis for determining that
the public health, safety, and welfare of Township residents will
be threatened by the issuance of a license to the applicant.
C.
If there are misrepresentations in the application, or if any fraud
or deceit is identified within the application, or if fraud or deception
has been identified in the practices of the applicant, organization
or agent thereof.
D.
Failure to comply with any law concerning soliciting, peddling, consumer
sales, of the General Business Law of the Commonwealth of Pennsylvania.
E.
Sale or offering for sale of illegal merchandise.
F.
Employment of a felon or wanted person.
G.
Conviction for any crime involving moral turpitude; or
H.
The prior violation of this chapter by the individual issued the
license.
Any license issued under this chapter may be revoked or suspended
by the Chief of Police or the designee for any of the following reasons:
A.
Fraud, misrepresentation, or false statement contained in the application
for a license.
B.
Fraud, misrepresentation, or false statement made by the licensee
while peddling or soliciting.
C.
Peddling or soliciting in violation of this chapter or contrary to
the provisions contained in the license.
D.
Conviction for any crime involving moral turpitude; or
E.
Peddling or soliciting in such a manner as to create a public nuisance,
a breach of the peace, endanger the health, safety or general welfare
of the public, or otherwise in violation of local, state or federal
law.
Any person aggrieved by a determination of the Police Chief
made under this chapter shall have the right of appeal to the West
Brandywine Board of Supervisors. The appeal shall be taken by filing
written notice of appeal with the Chair of the Board of Supervisors
within 10 calendar days of the determination by the Police Chief.
The notice of appeal shall identify with specificity the grounds for
appeal. A hearing on the denial shall be scheduled for the next regular
meeting of the Board of Supervisors following the receipt of appellant's
notice of appeal. Said hearing shall be held in accordance with the
Local Agency Law, § 5 (2 Pa.C.S.A. § 551, et seq.).
A.
The provisions of this chapter shall not apply to:
(1)
Farmers selling their own produce, provided that at least half of
all products sold must be produced on the premises.
(2)
Insurance and real estate agents and brokers licensed by the Commonwealth
of Pennsylvania.
(3)
Sale of goods, wares, or merchandise donated by the owners themselves,
the proceeds of which are to be applied to any charitable purpose.
(4)
When the solicitor is on the property by invitation of the person
residing on such premises.
(5)
Sales made to dealers by commercial travelers or sales agents in
the usual course of business, calling upon or dealing with manufacturers,
wholesalers, distributors, or retailers at their places of business.
(7)
Representatives and members of Boy Scouts of America, Girl Scouts
of America, Rotary, Lions, Kiwanis, Disabled American Veterans, YWCA
and YMCA, Red Cross, Salvation Army, and other national and international
service organizations and associations existing for the benefit of
young, aged, handicapped or stricken persons and soliciting or selling
for the purpose of self-perpetuation and which may be registered as
charitable organizations with the state or federal government.
(8)
School children selling goods, wares, or merchandise where the funds
or proceeds of the sale are to be applied exclusively for a function
or organization sponsored or approved by the school where such children
attend.
(9)
Goods, wares, or merchandise temporarily deposited on the sidewalk
in the ordinary course of delivery, shipment, or transfer.
(10)
The placing and maintenance of unattended stands or sales devices
for the sale, display or offering for sale of newspapers, magazines,
periodicals, and paperbound books.
(11)
The distribution of free samples of goods, wares, and merchandise
by any individual from his person.
(12)
Any sale or distribution permitted by statute or order of a
Court of competent jurisdiction.
(13)
Any persons, organizations or corporations that have received
approval from West Brandywine Township to conduct a special event
within the Township and shall be responsible for the vendors participating
within the boundaries of that event. Registered vendors will receive
permission to operate their stands for that special event only. No
other vendors will be permitted within the boundary area of such event
during the time period designated for the special event, without a
permit.
(14)
Persons seeking local, county, state, or federal elective office
or persons engaged on behalf of a candidate for local, county, state,
or federal elective office or engaged in any other political activity.
(15)
Any volunteer fire company or volunteer rescue unit.
(16)
Any person or religious organization when engaged in distribution
of religious material.
No person shall engage in soliciting or peddling between the
hours of 8:00 p.m. and 8:00 a.m. Monday to Saturday. There shall be
no solicitation or peddling on Sundays or holidays.
It shall be unlawful for any person while either peddling or
soliciting to knock, ring the doorbell, or otherwise attempt to gain
the attention of the occupant(s) of the residence other than at the
primary entrance to the residence.
A.
It shall be unlawful for any person while either peddling or soliciting
to knock, ring the doorbell, or otherwise attempt to gain the attention
of the occupant(s) of a residence in the Township where the owner,
occupant, or person legally in charge of the premises has posted at
the primary entrance to the premises, or at the entry to the principal
building on the premises, a sign bearing the words "No Peddlers,"
"No Solicitors," or words of similar import.
B.
In addition to the penalties issued in this chapter, persons violating
this section may be charged criminally under the provision of Title
18 Pa. C.S.A. § 3503(b)(l), Defiant Trespasser.
A.
It shall be unlawful for any person to engage in peddling or soliciting
in an aggressive manner. As used in this section, "aggressive manner"
means either approaching a person present at the residence or continuing
the peddling or soliciting activity after the person has made a negative
response, whether before or after being invited into the residence,
in a manner that:
(1)
Is likely to cause a reasonable person to fear imminent bodily harm
or the commission of a criminal act upon property in a person's
possession or in or about the residence; or
(2)
Is intended to or is likely to intimidate the person into responding
affirmatively to the peddling or soliciting activity; or
(3)
To refuse to display a permit to the person being solicited; or
(4)
To refuse to leave the premises upon being told to do so by the owner,
tenant, occupant, or person in control of the property; or
(5)
In violation of a sign properly posted on said property that prohibits
solicitations, including the "No Solicitation" list provided by the
Township.
No person licensed as a solicitor or peddler under this chapter
shall park any vehicle upon any of the streets or highways 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 or highways; nor shall any such person,
place or deposit any refuse on any such streets, highways or private
property; 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 streets, highways,
or sidewalk of the Township for the purpose of soliciting or peddling
with or without any stand or counter.
As condition to receive a license, the license holder shall
comply with the West Brandywine Township Zoning Ordinance.
A.
The Chief of Police shall keep a record of all licenses issued under
this chapter, and he shall supervise the activities of all holders
of such licenses.
B.
Any owner or lawful occupant of any residence within the Township
who wishes to prohibit door-to-door commercial solicitation at his
or her residence may be placed on a no solicitation list by registering
their address with the Township by completing a form prepared by the
Police Department, which form may be submitted to the Township either
in person, by mail, or by electronic submission.
C.
No solicitation registrations must be completed annually and expire
December 31 each year.
D.
Neither the Township nor any of its officers, employees, agents or
authorized volunteers shall be liable to any person for any injuries,
damages or liabilities of any kind arising from or relating to any
errors or omissions that may occur in compiling or maintaining the
no solicitation list.
A.
Except for penalties for violating § 129-14; any person who shall violate any of the provisions of this chapter shall, upon the conviction thereof, be sentenced to pay a fine of not more than $600 and costs of prosecution for each and every offense or, in default of the payment of such fine and costs, to undergo imprisonment for a term not to exceed 30 days.
B.
Penalties for violating § 129-14, Aggressive peddling or soliciting is punishable as a summary offense and upon conviction thereof shall be subject to a fine not to exceed $1,000, or imprisonment of not more than 90 days, or both such fine and imprisonment.
C.
All fines or penalties recovered under this chapter shall be paid
through the local district court for the general use of the Township.
