Township of Franconia, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Franconia 7-3-1962 by Ord. No. 13. Amendments noted where applicable.]
A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
PEDDLER
Any person who shall engage in peddling, as herein defined.
PERSON
Any natural person, association, partnership, firm, organization or corporation.
(1) 
The seeking or taking of contracts or orders for any goods, wares, services or merchandise for future delivery, or for subscriptions or contributions upon any of the streets or sidewalks, or from house to house, or by visitation to private residences, or by entering in or upon private property within Franconia Township; and shall further mean the seeking or taking of contracts or orders for home or other building repairs, improvement and alterations, and also orders or contracts for any mechanical, electrical, plumbing or heating device or equipment for house or other building improvements or repairs, upon or from the places aforesaid within Franconia Township.
(2) 
The selling or offering for sale of any goods, wares, services or merchandise for immediate delivery which the person selling or offering for sale carries with him in traveling, or has in his possession or control, upon any of the streets or sidewalks, or from house to house, or by visitation to private residences, or by entering in or upon private property within Franconia Township.
(3) 
The words "soliciting" and "peddling" shall not apply to:
(a) 
Farmers seeking or taking orders for the sale of their own products.
(b) 
The seeking or taking of orders by any manufacturer or producer for the sale of bread and bakery products, meat and meat products or milk or milk products.
(c) 
The sale of goods, wares and merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose.
(d) 
(Reserved)[1]
(e) 
The seeking or taking of orders, by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania for insurance.
(f) 
Persons, corporations, partnerships and associations, their agents or employees, who have complied with the provisions of 10 P.S. § 162.1 et seq., as amended, governing solicitations for charitable, benevolent, patriotic or other purposes.[2]
(g) 
Any person taking orders for merchandise from dealers or merchants, for resale to an ultimate consumer.
SOLICITOR
Any person who shall engage in soliciting, as hereinabove defined.
[1]
Editor's Note: Former Subsection (3)(d), which exempted certain honorably discharged members of the military, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Word usage. In this chapter, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
No person shall engage in soliciting or peddling in Franconia Township without first having taken out a license as herein provided.
A. 
Every person desiring to engage in soliciting or peddling in Franconia Township shall first make application to the Franconia Township Police Department for a license. If such person shall also be required to obtain a license from any county officer, he shall, on making such application, exhibit a valid county license. Said application shall be upon a blank provided by the Police Department and shall contain at least the following information verified by oath or affirmation:
(1) 
The full name of the applicant and local address, if any.
(2) 
Permanent address.
(3) 
Name of employer or a statement that such applicant is self-employed.
(4) 
The nature of the goods, wares, services or merchandise offered for sale.
(5) 
A statement as to whether or not the applicant has ever been convicted of any crime, and if the answer is in the affirmative, the nature of the offense or offenses and the punishment or punishments imposed therefor.
(6) 
The type of vehicle to be used, if any.
(7) 
Upon request, the applicant shall also submit to fingerprints and furnish a photograph.
B. 
Where a person makes application for himself and one or more helpers, all applicable personal information specified above shall be given for each helper and verified by oath or affirmation by him, and an individual license shall be required for each helper. No license under this chapter shall be transferable from one person to another.
Fees are included in a resolution adopted from time to time by the Board of Supervisors or refer to Section 1532 of the Second Class Township Code.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: See 53 P.S. § 66633.
The license granted pursuant to this chapter shall be valid for 30 days after the date of such license, and upon the expiration of any license, if the person holding the same shall desire to continue or renew soliciting or peddling, he shall be required to file a new application for a permit and pay a new license fee. Such licenses may be issued in advance, for consecutive thirty-day periods, not exceeding 12 in number, upon payment, in advance, of the license fee for each thirty-day period provided in § 101-4 hereof.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Such license, when issued, shall state, inter alia, the products to be sold or services to be rendered by the licensee.
B. 
Every solicitor or peddler shall at all times, when engaged in soliciting or peddling in Franconia Township, carry such license upon his person and shall exhibit it, upon request, to all police officers, township officials and citizens.
C. 
No solicitor or peddler shall engage in selling any product or service not mentioned on such license.
No person licensed as a solicitor or peddler under this chapter shall engage in soliciting or peddling on any day of the week before 9:00 a.m. or after 5:00 p.m. During the time of the year that Eastern standard time is effective, these hours shall be Eastern standard time. During the time of the year that daylight saving time is effective, these hours shall be daylight saving time.
No person licensed as a solicitor or peddler under this chapter shall park any vehicle upon any of the streets, highways or alleys 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, highways or alleys; 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 persons licensed as a solicitor or peddler under this chapter shall occupy any fixed location upon any of the streets, highways, alleys or sidewalks of the township for the purpose of soliciting or peddling with or without any stand or counter.
A. 
The Franconia Township Police Department shall keep a record of all licenses issued under this chapter.
B. 
The Chief of Police shall supervise the activities of all holders of such licenses.
Any license issued under this chapter may be suspended or revoked at any time by the Franconia Township Police Department upon proof being furnished that the application for the license contained false information, or that the applicant or licensee was convicted of a crime involving moral turpitude after the issuance of such license, or that the licensee was convicted of disorderly conduct under any law of the Commonwealth of Pennsylvania or any ordinance of Franconia Township.
No person licensed as a solicitor or peddler under this chapter shall hawk or cry his wares or services upon any of the streets or sidewalks of Franconia Township, nor shall he use any loudspeaker, bell, whistle or other device for announcing his presence by which the public is annoyed.
[Amended 9-12-1988 by Ord. No. 147; 6-10-1996 by Ord. No. 237]
Any person who violates or permits a violation of this chapter shall, upon being liable therefor in a civil enforcement proceeding commenced by the township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees incurred by the township. No judgment shall be imposed until the date of the determination of violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable Pennsylvania Rules of Civil Procedure.