Township of Lower Salford, PA Chapter 121 Peddling and Soliciting

[HISTORY Adopted by the Board of Supervisors of the Township of Lower Salford 6-4-1958 by Ord. No. 11; amended in its entirety 7-20-1988 by Ord. No. 88-4. Subsequent amendments noted where applicable.]

§ 121-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

PERSON

Any natural person, association, partnership, firm or corporation, and the singular shall include the plural.

SOLICITING AND PEDDLING

A. SOLICITING Canvassing or taking surveys, the seeking or taking of contracts or orders for any goods, wares or merchandise for future delivery or for subscriptions or contributions, upon any of the streets or sidewalks of or from house to house within the Township of Lower Salford.

B. PEDDLING The selling or offering for sale of any goods, wares 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 of or from house to house within the Township of Lower Salford.

C. Neither the word "peddling" nor the word "soliciting" shall apply to those persons specifically exempted in the subsequent § 121-7, Exemptions.

SOLICITOR AND PEDDLER

Any person who shall engage in soliciting or peddling, respectively, as hereinabove defined.

§ 121-2 Registration required.

No person shall engage m soliciting or peddling m the Township of Lower Salford without first registering with the Township Police Department. Persons so registered shall be permitted to conduct such soliciting and/or peddling within the Township of Lower Salford insofar as that activity does not violate private property statutes or normal community standards of behavior and personal conduct or such statutes governing public behavior or conduct.

§ 121-3 Contents of application for registration.

A. Every person desiring to engage in soliciting or peddling in the Township of Lower Salford shall appear, in person, at the headquarters (offices) of the Lower Salford Township Police Department and complete an application form, which shall contain but not be limited to the following information:

(1) The full, legal name of the applicant.

(2) The current residence address; which shall include a house number and street name, not merely a post office box or rural route number.

(3) Commonly required identification data; i.e., date of birth, sex, race, height, weight, hair color, eye color, etc. The date of birth shall be verified via a photo driver's license or other similar identification card.

(4) Driver's license data; i.e., state of issue, driver's number, etc. If the applicant does not possess a driver's license, he/she shall provide his/her social security number.

(5) The name, business address and business phone of his/her employer.

(6) A brief description of the nature of the solicitation or the items to be sold.

(7) The time period during which the applicant will be soliciting or peddling within the jurisdiction of Lower Salford Township.

(8) A description of the vehicle, if any, that the applicant will be using during his/her soliciting or peddling. This information shall include the make, model, color, state of registration and the registration number (tag number) on the vehicle.

(9) A brief statement averring that all information provided in the application is true and correct, and that the applicant is aware that he/she is making the statement subject to Pennsylvania law as it pertains to unsworn falsification.

(10) The signature of the applicant.

B. Each person desiring to solicit or peddle shall complete an application.

§ 121-4 Issuance of registration receipt.

Upon completing registration as aforesaid, each solicitor or peddler shall be issued a receipt indicating he/she has complied with the requirements under this statute. The solicitor or peddler shall carry the receipt on his person while he/she is engaged in such soliciting or peddling and shall show the receipt to any resident of the Township or any police officer upon request. Receipts are not transferable.

§ 121-5 Restrictions.

A. Nature of solicitation or peddling. No solicitor or peddler shall be permitted to solicit or peddle beyond the scope of those items enumerated in his/her application.

B. Vehicles. No solicitor or peddler shall be permitted to engage in soliciting or peddling from a vehicle other than that which is described in his/her application.

C. Noise. No person engaged in soliciting or peddling shall hawk or cry his goods, wares, merchandise, offers, contracts or services upon any of the streets or sidewalks of the Township, nor shall he use any loudspeaker or horn or any other device for announcing his presence by which members of the public are annoyed.

D. Parking. No person engaged in soliciting or peddling may establish or keep a street or curbstone market or soliciting or peddling office by parking any vehicle upon any street or alley in the Township for longer than necessary in order to solicit or peddle to persons residing in the immediate vicinity.

E. Fixed locations. No person engaged in soliciting or peddling shall occupy any fixed location upon any of the streets, or sidewalks of the Township for the purpose of soliciting or peddling, with or without any stand or counter or other such temporary, outdoor equipment.

§ 121-6 Records of registration; supervision of activities.

The Chief of Police or such Police Department personnel as he may designate shall keep a record of all registrations made under this chapter, and he or such designate shall supervise the activities of all holders of registration receipts.

§ 121-7 Exemptions.

The following persons are exempted from the registration requirements of this chapter:

A. Farmers engaged in seeking or taking orders for or in selling only the produce of their own farms from a self-owned truck or other vehicle.

B. Persons seeking or taking orders for or selling or offering for sale food products by any manufacturer, producer or packager thereof who will continue to service such residents on a regularly scheduled basis thereafter.

C. Persons engaged in the sale of goods, wares and merchandise donated by the owner thereof, the proceeds therefrom to be applied to any charitable or philanthropic purpose.

D. Any honorably discharged soldier, sailor or marine of the military service of the United States who is a resident of this commonwealth and who is unable to earn a livelihood by ordinary labor or employment.

E. Persons soliciting contributions on behalf of organizations or nonprofit corporations exempted from the provisions of or duly registered pursuant to the Act of August 9, 1963, PL. 628,[1] who, while soliciting, are possessed of a card or other written evidence of their appointment or authority to solicit for said organization or corporation.

[1] Editor's Note: The Solicitation of Charitable Funds Act was repealed April 30, 1986, by P.L. 107, No. 36, § 19. See now the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq.

F. Persons who have been licensed by the Commonwealth of Pennsylvania to engage in an activity described in § 121-1 hereof, including but not limited to real estate, insurance or securities brokers or salespersons.

G. Persons 16 years of age and under who are engaged in the activities described in § 121-1 when they are so engaged as an independent businessperson and not in the employ of nor under a commission sales arrangement with a for-profit bus entity, or when so engaged on behalf of a nonprofit organization, including but not limited to schools, church groups, scouting groups and the like.

H. Persons engaged in the distribution of flyers, handbills, advertising materials, catalogs, doorknob hangers, samples of products and the like, when there is no personal contact desired or intended with the residents of residences where such materials are left.

§ 121-8 Revocation of privileges.

The privilege to engage in the activities described in § 121-1 may be revoked, along with the registration receipt, by any member of the Police Department for:

A. Misconduct of the registered person.

B. Determination that the registered person made false statements on his/her application.

C. Violation of any restrictions contained in this chapter.

§ 121-9 Violations and penalties.

[Amended 9-19-1996 by Ord. No. 96-3; 6-3-1998 by Ord. No. 98-4; 11-18-1999 by Ord. No. 99-16]

Any person or persons violating any of the provisions of this chapter shall be subject to a criminal fine not to exceed $1,000 per violation and imprisonment in the Montgomery County Correctional Facility to the extent allowed by law for the punishment of summary offenses. Enforcement of any such violations shall be by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.

§ 121-10 Severability.

Should any section, subsection, sentence, clause or phrase of this chapter be declared invalid by a court of competent junction, such decision shall not affect the validity of the chapter in its entirety or of any part thereof other than that declared to be invalid.