[HISTORY: Adopted by the Board of Supervisors of the Township of Athens 9-30-1992 by Ord. No. 98. Amendments noted where applicable.]
This chapter shall be known as the "Peddling and Soliciting Ordinance."
A. 
As used in this chapter, the following terms shall have the meanings indicated:
PEDDLER
Any person who shall engage in peddling, as hereinafter defined.
PEDDLING
To sell, to offer for sale, to solicit or take orders, either by sample or otherwise, for any goods, wares or merchandise, unsolicited, from door to door within the Township of Athens. The word "peddling" shall not include the following:
(1) 
Farmers selling their own produce.
(2) 
The sale of food, goods, wares and merchandise donated for a charitable purpose, the proceeds of which are to be applied to any charitable or philanthropic purpose.
(3) 
Activities of insurance agents or brokers authorized to transact business under the insurance laws of the commonwealth, and activities of real estate brokers or agents licensed under the laws of the commonwealth.
(4) 
Activities of any charitable organization, its agents or employees, which are not in violation of the Act of August 9, 1963, P.L. 628, 10 P.S. § 160-1 et seq., as amended, known as the "Solicitation of Charitable Funds Act," governing solicitations for benevolent, educational, philanthropic, humane, patriotic, religious or similar purposes.[1]
(5) 
The seeking or taking of orders pursuant to invitation of the party from whom an order is sought.
PERSON
Any individual, joint venture, association, partnership, trust, corporation or other legal entity.
SOLICITING
[Amended 9-28-1994 by Ord. No. 114]
Offering to sell from any temporary location or taking orders, either by sample or otherwise, for any goods, wares or merchandise within the Township of Athens and shall not include:
(1) 
The sale of food, goods, wares and merchandise donated for a charitable purpose, the proceeds of which are to be applied to any charitable or philanthropic purpose.
(2) 
Activities of any charitable organization, its agents or employees, which are not in violation of the Act of August 9, 1963, P.L. No. 628, 10 P.S. § 160.1 et seq., as amended, known as the "Solicitation of Charitable Funds Act," governing solicitations for benevolent, educational, philanthropic, humane, patriotic, religious or similar purposes.[2]
SOLICITOR
Any person who shall engage in soliciting, as hereinabove defined.
[1]
Editor's Note: The Solicitation of Charitable Funds Act, Act of August 9, 1963, P.L. 628, 10 P.S. § 160-1 et seq., was repealed by the Act of April 30, 1986, P.L. 107, No. 36. See now the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq.
[2]
Editor's Note: The Solicitation of Charitable Funds Act, Act of August 9, 1963, P.L. 628, 10 P.S. § 160-1 et seq., was repealed by the Act of April 30, 1986, P.L. 107, No. 36. See now the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq.
B. 
In this chapter, the singular shall include the plural, and the plural shall include the singular, and the masculine shall include the feminine and the neuter.
On and after the effective date on this chapter, no person shall engage in peddling or in soliciting in the Township of Athens without first having obtained a license to so peddle or solicit, as more fully set forth in this chapter.
Every person desiring a license to engage in peddling or in soliciting within the Township of Athens shall make application therefor to the Township Chief of Police. If any such person shall be required to register with the Commonwealth of Pennsylvania in connection with soliciting for any charitable organization, he shall, when making such application, exhibit evidence of such commonwealth registration. Upon such application, such person shall give his name; address; his criminal record, if any; the name of the person for whom he works; and the nature of the goods, wares and merchandise that he intends to peddle or solicit. Where an applicant requests an application for himself and one or more helpers, a separate application shall be submitted by each helper. Each applicant shall show the period of time he intends to peddle or solicit; the type of vehicle that he uses, if any, and the license number thereof; the place where he was engaged in peddling or soliciting immediately prior to his making such application, if any; and the place where he intends to go after completion of his peddling or soliciting in the Township of Athens. Notwithstanding anything herein stated to the contrary, each individual intending to peddle or solicit for or on behalf of any other legal entity shall make personal application for such license, which individual license shall be required for each individual to engage in peddling or soliciting in the Township of Athens. No license issued under this chapter shall be transferable from one person to another person.
Before issuing a peddler's license or a solicitor's license, the Township Chief of Police or his duly authorized agent, in the sole discretion of said Police Chief or agent, may require an investigation of the applicant to obtain sufficient proof that the applicant is of good business and/or moral character and/or to confirm the accuracy of representations made in each application. By submitting an application for a peddler's or solicitor's license, the applicant agrees to await a reasonable amount of time for such investigation, which investigation may take no more than two days from the date of application. If, as a result of such investigation, the applicant's business or moral character is found to be unsatisfactory or any representation is found to be false or misleading, the Township Chief of Police, or his duly authorized agent, shall notify the applicant that such application has been disapproved and that no license shall be issued.
No license shall be issued under this chapter until the fee therefor, which shall be for the use of the Township of Athens, shall have been paid to the Treasurer of the Township of Athens by the applicant for such license. The fee for such license shall be $1.
Any license issued pursuant to this chapter shall be valid for a period of 30 days from the date thereof. It shall be a privilege of the licensed person to conduct such business or activity, as is permitted by the license, and no such license shall confer any property right upon the licensed person. Any license issued hereunder may be suspended at any time, upon confirmation of a written charge presented to the Township Chief of Police, alleging that the licensee has committed any violation of this chapter; has given any false or misleading information in connection with any application for such license; or has committed any violation of any other law, order, statute, regulation or rule in connection with the licensed business or activity. Any licensee may appeal from such act of revocation to the Board of Supervisors of Athens Township at the next regular meeting thereof. No license fee or portion thereof shall be refunded in the case of revocation.
No peddler or solicitor having received a peddler's or solicitor's license under this chapter shall peddle or solicit in the Township of Athens between the hours of 7:30 p.m. and 8:00 a.m., prevailing time. No peddler or solicitor, having received a peddler's or solicitor's license under the chapter, shall peddle or solicit at any premises within the Township of Athens, where at a primary entrance to such premises there is posted at the time such peddler or solicitor enters upon such premises a notice which states "No Peddlers or Solicitors Invited." If such notice is posted, the peddler or solicitor, whether licensed hereunder or not, shall immediately and peacefully depart from the premises. Any peddler or solicitor, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant thereof.
A. 
Any person owning or occupying any building or portion thereof within the Township of Athens, Bradford County, Pennsylvania, who desires to secure the protection under the notice regulations contained in this chapter shall comply with the following requirements:
(1) 
Such individual shall post at a primary entrance to such premises a notice which states "No Peddlers or Solicitors Invited," or similar posting.
B. 
Such notice so exhibited shall constitute sufficient notice to any peddler or solicitor, whether registered under this chapter or not, of the determination by the occupant or owner of such premises.
[Amended 8-28-1996 by Ord. No. 128; 5-28-1997 by Ord. No. 133; 10-27-1999 by Ord. No. 159]
Any person who violates any of the provisions of this chapter shall be guilty of a summary offense. Upon conviction thereof, such person shall be subject to a fine of not less than $50 nor more than $500.
At the Township line, alongside each major highway entering the Township, there shall be erected and prominently displayed and maintained a sign facing vehicles entering the Township containing a legend to the effect that peddling and soliciting are licensed and regulated within Athens Township.