No person shall engage in soliciting or peddling
in Franconia Township without first having taken out a license as
herein provided.
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.
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.
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.
[Amended 5-15-2023 by Ord. No. 422]
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 application for the license contained false information, 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, or that the applicant violated the terms of §
101-13, below, regarding enforcement of "No Solicitation" signs and the No Knock Registry.
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.
[Added 5-15-2023 by Ord. No. 422]
A. Private communities and the owners or lawful occupants of any premises
within the Township not desiring to have persons enter onto their
premises may post on such premises a legible sign stating either,
"No Solicitors" or "No Solicitations." Any solicitor or peddler who
shall enter upon the premises in defiance of such sign shall be in
violation of this section and shall be liable to the penalty as provided
in this chapter.
B. No Knock Registry.
(1) The Township shall, and hereby does, create and shall manage a No
Knock Registry for those landowners and residents of the Township
who do not wish to be contacted at their properties by solicitors
or peddlers.
(2) Any person in lawful possession and occupancy of any business, residence,
house, apartment, or other dwelling unit in the Township may request
to have their address placed on the No Knock Registry by submitting
a request in writing to the Franconia Township Police Department,
or by registering online, in the format provided by the Township on
its website. The written or online submission shall include:
(a)
The name and signature of the person completing the form;
(b)
The complete address of the business, residence, house, apartment,
or other dwelling to be placed on the No Knock Registry;
(c)
The date that the form was completed; and
(d)
A statement that the individual, being authorized to do so by
all occupants of the residence, requests that no solicitors or peddlers
enter the above-referenced property or otherwise attempt to solicit,
peddle, or distribute thereon.
(3) A resident's listing on the No Knock Registry shall be effective 30 days from the date of their submission of same to the Police Department in writing or online, in the format provided by the Township on its website. The listing shall remain on the No Knock Registry unless and until a request to remove the same is submitted pursuant to Subsection
B(4), below.
(4) Any person in lawful possession and occupancy of any residence, house, apartment, or other dwelling unit in the Township may request to have their address removed from the No Knock Registry by submitting a request in writing to the Township Police Department or online, in the format provided by the Township on its website. Such request shall include all of the information set forth in Subsection
B(2) above, together with an affirmative statement that the individual, being authorized to do so, requests that the property be removed from the No Knock Registry.
(5) It is noted that the prohibition against solicitors or peddlers entering
properties on the No Knock Registry shall be in addition to and not
in place of the prohibition against such individuals soliciting, peddling,
or distributing on properties displaying, "No Soliciting" or other
similar sign or signs.
[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.