This chapter shall be known as the "Peddling
and Soliciting Ordinance."
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.
[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.