[HISTORY: Adopted by the Board of Commissioners
of the Township of Butler 5-6-2019 by Ord. No. 909.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 207.
[1]
Editor's Note: This ordinance repealed former Ch. 214, Peddling
and Soliciting, adopted 8-28-1995 by Ord. No. 744, as amended.
It is the purpose of this chapter to regulate peddlers, solicitors
and transient merchants who engage in any form of sale or attempted
sale, solicitation, or the taking of orders for goods, services, pledges,
or subscriptions or attempt to do the same, such regulations being
for the protection of the residents of Butler Township. It is Butler
Township's intention to protect the privacy of its residents
and protect its residents from fraudulent or criminal activity that
may be perpetrated in connection with, or under the guise of, door-to-door
solicitation or peddling.
When used in this chapter, the following terms shall have the
following meanings:
The occasional or periodic sale conducted in an open area
or within a structure, or any combination of an open area and a structure
or structures, where a group of 10 or more sellers offer new or used
goods for sale to the public and where there are no long-term leases
between the sellers and the operators and where there are no permanent
fixtures for the display and sale of merchandise.
Any person, whether a resident of Butler Township or not,
traveling by foot, wagon, automotive vehicle or any other type of
conveyance from place to place, from house to house, or from street
to street, and engaged in any form of sale or solicitation of any
goods, services, pledges or subscriptions, including but not limited
to the following activities:
Carrying, conveying or transporting personal property, goods,
wares, merchandise, or food, offering and exposing the same for sale
or making sales and delivering articles to purchasers;
Taking or attempting to take orders for the sale of goods, wares
and merchandise, or personal property of any nature whatsoever for
future delivery, or attempting to take or taking orders for services
to be furnished or performed in the future or for subscriptions, contributions
or any other kind of support, whether or not such individual has or
carries or exposes for sale a sample of the subject of such sale or
whether such person is collecting advance payments on such sale or
not;
Without necessarily having the intention of making a direct
sale, distribution of literature, pamphlets, handbills, samples and
the like for the purpose of information, advertising or for other
purposes such as the furtherance of public economic or social beliefs,
doctrines, systems or projects.
It shall be unlawful for any person to engage in peddling or
solicitation within Butler Township without first obtaining a license
as provided in this chapter.
The regulations of this chapter shall not be applicable to the
following:
A.
Sales conducted pursuant to statute.
B.
Sales conducted pursuant to order of any court of law or equity.
C.
Any person selling personal property at wholesale to dealers and
such articles.
D.
Any person who sells or disposes of farm or garden produce from the
site where the produce is grown.
E.
The sale of personal property owned by the owner or occupant of any
residential structure by means of a garage, yard, porch or similar
sale for no more than four days in any calendar year commencing January
1 and terminating December 31 of each year.
F.
The sale of newspapers.
G.
The sale of personal property at a flea market, as defined herein.
A.
Applicants for a license under this chapter must file with the Manager
a sworn application, in writing, on a form to be furnished, which
shall give the following information:
(1)
The name and physical description of the applicant.
(2)
A complete permanent home and full local address of the applicant
and, in the case of transient merchants and itinerant vendors, the
local address from which proposed sales will be made.
(3)
A brief description of the nature of the business and/or the goods
to be sold.
(4)
If employed, the name and address of the employer, the name and address
of the employee's immediate supervisor, together with credentials
establishing the exact employment relationship.
(5)
The length of time for which the right to do business is desired.
(6)
If a vehicle is to be used, a description of the same, together with
the license number or other means of identification.
(7)
The source of supply of the goods or property proposed to be sold
or orders taken for the sale thereof and the proposed method of delivery.
(8)
One recent photograph of the applicant, which shall be approximately
one inch by one inch, showing the head and shoulders of the applicant
in a clear and distinguishing manner.
(9)
A statement as to whether or not the applicant has been convicted
of any crime or violation of any municipal ordinance, the nature of
the offense and the punishment or penalty assessed therefor.
B.
At the time of filing the application, an investigation fee shall
be paid to the Manager to cover the cost of the investigation. The
Board of Commissioners shall establish the amount of the fee by resolution.
A.
Upon receipt of such application, the original shall be referred
to the Butler Township Chief of Police, who shall cause such investigation
of the applicant's business and moral character to be made as
he or she deems necessary for the protection of the public good.
B.
If, as a result of such investigation, the applicant's character
or business responsibility is found to be unsatisfactory, the Chief
of Police shall endorse on such application his disapproval and his
reasons therefor and return said application to the Manager, who shall
notify the applicant of the disapproval and that no license will be
issued.
C.
If, as a result of such investigation, the character and business
responsibility of the applicant are found to be satisfactory, the
Chief of Police shall endorse on such application his approval, and
return said application to the Manager, who shall, upon payment of
the prescribed fee, execute and deliver to the applicant a license
for the carrying on of the business applied for.
D.
Such license shall contain the signature of the Manager and shall
show the company name, company address and photograph of said licensee,
and the kind of goods to be sold thereunder, the date of issuance
and the length of time the permit shall be operative.
E.
The Butler Township Police Department shall keep a permanent record
of all licenses issued and those rejected.
A.
The nonrefundable fee for each license application pursuant to this
chapter shall be established by resolution of the Board of Commissioners
and shall be set forth on the schedule of fees on file with the Township
Manager's office.
B.
Licenses shall be issued on a daily, weekly, semiannual, or annual
basis, with the requested duration being selected in the application.
C.
These fees are in addition to the earlier referenced investigation
fee.
D.
None of these license fees provided for by this chapter shall be
applied to occasion any undue burden upon interstate commerce. In
any case, where a license fee is believed by a licensee or applicant
for a license to place an undue burden upon such commerce, he may
apply to the governing body of Butler Township for an adjustment of
the fee so that it shall not be discriminatory or unreasonable or
unfair as to such commerce.
A.
Any religious, charitable, patriotic, political, philanthropic, public interest or community service organization, society, association or corporation desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature, various types of tokens or merchandise for which a fee is charged or solicited from persons other than members of such organization, upon the streets, in office buildings, by house-to-house canvas or in public places for a religious, charitable, patriotic, political, philanthropic, public interest or community purpose shall be exempt from the provisions of § 214-7 of this chapter.
No licensee, nor any person on his behalf, shall shout, cry
out, blow a horn, ring a bell or use any sound or amplifying device
upon any of the streets, alleys, parts or other public places of Butler
Township or upon private premises where sound of sufficient volume
is emitted or produced therefrom to be capable of being plainly heard
upon the streets, avenues, alleys, parks or other public places, for
the purpose of attracting attention to any goods, wares or merchandise
which such licensee proposes to sell.
No license issued under the provisions of this chapter shall
be used at any time by any person other than the one to whom it was
issued.
A.
No licensee shall have the exclusive right to any location in the
public streets or sidewalks, nor shall any licensee be permitted to
operate at a stationary location thereof, nor shall any licensee be
permitted to operate in a congested area where such operations might
impede or inconvenience the public use of such streets or sidewalks,
nor shall any licensee be permitted to stand at or in intersections
or roadways.
B.
Licensees are permitted to operate between the hours of 9:00 a.m.
to sunset, Monday through Saturday. Door-to-door peddling and solicitation
is prohibited on Sundays and holidays.
C.
No licensee shall engage in the business of peddling, soliciting
or canvassing upon any premises displaying a sign prohibiting such
activity.
D.
Roadside peddlers shall be considered those vendors engaged in sales,
peddling, or solicitation, from a structure, temporary structure,
plot of ground, or vehicle, situated within the right-of-way of any
public street, highway, or thoroughfare located in Butler Township,
and shall be subject to the following additional restrictions:
(1)
No temporary or permanent structures shall be permitted within the
right-of-way of any public street, highway or thoroughfare.
(2)
Parking shall be provided off the paved portion of any public street,
highway or thoroughfare adequate to prevent the interference with
traffic traveling on the paved portion of any public street, highway
or thoroughfare.
(3)
Sight distance shall be provided to assure that any person stopping
to purchase items or persons traveling on the public street, highway
or thoroughfare shall be adequate to assure the safe movement of vehicles
and pedestrians.
(4)
Written permission or a lease shall be provided, signed and notarized
by the owner of the land whereon the place of business is established,
authorizing the person to establish the place of business in such
location.
(5)
No person shall have any exclusive right to any location in the public
street, highway or thoroughfare, nor shall any location be permitted
in a congested area where such operation might impede, inconvenience,
or pose a threat to the public use of such streets, thoroughfares
or highways.
It shall be the duty of any peddler, solicitor, or transient
merchant to prominently display his license upon his person at all
times.
It shall be the duty of any peddler, solicitor, canvasser, transient
merchant or itinerant vendor to produce his license upon request of
any police officer of the Butler Township Police Department.
The Butler Township Police Department shall maintain a record
for each license issued and a record of the reports of violations.
A.
Licenses issued under the provisions of this chapter may be revoked
by the Chief of Police after notice and hearing, based upon any of
the following:
(1)
Fraud, misrepresentation, or false statement contained in the application
for license;
(2)
Fraud, misrepresentation, or false statement made in the course of
carrying on his business as solicitor, peddler, or transient merchant;
(3)
Any violation of this chapter;
(4)
Conviction of any crime involving moral turpitude; or
(5)
Conducting his business in an unlawful manner or in such a manner
as to constitute a breach of the peace, or to constitute a menace
to the health, safety or general welfare of the general public.
B.
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notices shall be transmitted by
certified mail, postage prepaid, to the licensee at his last known
address at least seven days prior to the date set for hearing.
C.
The hearing shall be held in front of the Butler Township Manager,
the Chief of Police, and one Commissioner selected by the Board of
Commissioners.
Any person aggrieved by the action of the Manager in not waiving an investigation fee as provided in § 214-5, or in the denial of a license as provided in § 214-6, or in the revocation of a license as provided in § 214-15, shall have a right to appeal to the governing body of Butler Township. Such appeal shall be taken by filing with the governing body of Butler Township, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth the grounds for the appeal. The governing body of Butler Township shall set a time and place for hearing on such appeal, and notice of hearing shall be given to the person aggrieved in the same manner as provided in § 214-15 of this chapter for notice of hearing on revocation.
All licenses issued under the provisions of this chapter shall
expire on the date specified in the license.
Any person, firm or corporation that shall violate any of the provisions of this chapter shall, upon conviction thereof, be punished by fine for each and every separate offense a sum of not less than $100 nor more than $600, to be sued for and recovered as other fines and penalties are now by law recoverable, and, in default of payment of the fine and costs of prosecution, shall be committed to the county jail for a period not to exceed 30 days. Each day any person, firm or corporation engages in the business of a peddler, solicitor, or transient merchant, or otherwise engages in activities set forth in § 214-2, definition of "peddler or solicitor," Subsections A through C, in violation of this chapter shall constitute a separate offense.
