[HISTORY: Adopted by the Board of Supervisors of the Township of Hellam 5-16-2002 by Ord. No. 2002-5. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 422.
For the purpose of this chapter, the following words used herein shall be considered to have the meaning set forth in this section:
PEDDLING
The selling of any goods, wares, merchandise, foodstuffs, or services for immediate delivery, but shall not include delivery of regular orders taken previously.
PERSON
Any natural person, association, partnership, firm, organization or corporation.
REGISTERED SOLICITOR OR PEDDLER
Includes any person who has obtained a valid certificate of registration as provided in this chapter, which certificate is in the possession of the solicitor or peddler while engaged in soliciting or peddling.
RESIDENCE
Includes every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.
SOLICITING
Includes any one or more of the following activities:
A. 
Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services of any kind, character or description whatever, for any kind of consideration whatever, for future delivery; or
B. 
Seeking to obtain prospective customers for application or purchase of insurance of any type, kind, or publication; or
C. 
Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication; or
D. 
Seeking to obtain gifts or contributions of money, clothing, or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization, corporation, or project, not otherwise exempted by the provisions of this chapter.
Every person desiring to engage in soliciting or peddling, as herein defined, unless exempted by the provisions of § 340-3 of this chapter, from persons in residences or upon the highways within Hellam Township is hereby required to make written application for a certificate of registration as provided in this chapter. Such certificate shall be carried by the solicitor or peddler at all times while engaged in soliciting or peddling within Hellam Township.
The registration requirements of § 340-2 of this chapter shall not be applicable to the following:
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 and milk products;
C. 
Any person taking orders for merchandise from dealers or merchants for resale to an ultimate consumer;
D. 
Public or charitable activities in which Hellam Township is a participant, or Hellam Township residents and/or organizations are the beneficiaries, when the activities are being conducted for the enjoyment and well-being of the community;
E. 
Charitable organizations exempted from the registration requirements of Act of the Assembly of the Commonwealth of Pennsylvania of April 30, 1986, P.L. 107, 10 P.S. § 161.1 et seq.[1]
[1]
Editor's note: This act was repealed 12-19-1990 by P.L. 1200, No. 202; see now 10 P.S. § 162.1 et seq.
F. 
Boy Scout, Girl Scout, and similar scouting or other youth organizations sponsored by nonprofit organizations.
G. 
Candidates, or their representatives who are duly authorized in writing, seeking a public office that serves the residents of Hellam Township.
A. 
Every person desiring to engage in soliciting or peddling in Hellam Township shall first make application to the Hellam Township Zoning Officer, or other duly authorized representative of Hellam Township for a certificate of registration. The application shall be made upon a form provided by the Hellam Township Zoning Officer and shall contain at least the following information about the applicant verified by oath or affirmation:
(1) 
Full name 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, or the purpose of the organization and the nature of the solicitations being made.
(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 punishments imposed therefor.
(6) 
The type of vehicle to be used, if any.
(7) 
Upon request, the applicant shall also submit to finger printing, which shall be conducted at the cost of Hellam Township, and furnish a photograph.
B. 
When applying for a certificate of registration, the applicant shall authorize Hellam Township to verify the information provided upon the form. The applicant also shall agree that the certificate of registration may be denied if the Zoning Officer, or other duly authorized representative of Hellam Township, determines that the applicant has:
(1) 
Failed to complete the registration form.
(2) 
Provided fraudulent information on the registration form.
(3) 
Made false or fraudulent statements or misrepresentations while soliciting or peddling.
(4) 
Violated any local, state or federal laws.
(5) 
Trespassed while soliciting or peddling.
(6) 
Ceased to possess the qualifications required to obtain the permit.
C. 
Where a person makes application for himself/herself and one or more helpers, all applicable personal information specified above shall be given by him/her, and an individual certificate shall be required for each helper. No certificate under this article shall be transferable from one person to another.
D. 
Hellam Township shall process all applications for certificate of registration within five business days of the receipt thereof.
No certificate shall be issued under this chapter until a fee, as set from time to time by resolution of the Board of Supervisors, shall be paid to Hellam Township (the "certificate fee"). This certificate fee may be changed from time to time by the Hellam Township Board of Supervisors by resolution.[2] A separate application shall be filed and a separate permit fee shall be paid by each person who shall actually conduct the soliciting or peddling, including where an employer desires to secure certificates for his employees, agents or servants.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Current Fee Schedule is on file in the Township offices.
The certificate granted pursuant to this article shall be valid for 30 days after the date of such certificate and, upon the expiration of any certificate, if the person holding the same shall desire to continue or renew soliciting or peddling, he/she shall be required to file a new application for a permit and pay a new fee. Such certificates may be issued, in advance, for consecutive thirty-day periods not exceeding 12 in number, upon payment, in advance, of the certificate fee for each thirty-day period provided in § 340-5.
Such certificate, when issued, shall state, inter alia, the products to be sold or services rendered by the holder. Every solicitor or peddler shall at all times, when engaged in soliciting or peddling within Hellam Township, carry such certificate upon his/her person and shall exhibit it upon request to all police officers, Township officials and citizens. No solicitor or peddler shall engage in selling any product or service not mentioned on such certificate.
A. 
Every person desiring to secure the protection provided by the regulations pertaining to soliciting or peddling contained in this chapter, including those exempted from registration, shall comply with the following:
B. 
Notice of the determination by the occupant of any residence of the refusal of invitation to solicitors, peddlers, or uninvited guests to the residence shall be given by exhibiting a card, at least three inches by four inches in size, upon or near the main entrance door to the residence containing the words "No Solicitors Invited" or "No Solicitors" or "No Soliciting" or some other phrase that shall give notice to solicitors or peddlers. The letters shall be at least 1/3 inch in height and such card so exhibited shall constitute sufficient notice to any solicitor, peddler, or uninvited guest of the determination by the occupant of the residence of the information contained thereon.
It shall be the duty of every solicitor or peddler whether or not required to secure a certificate of registration upon going into any premises in Hellam Township upon which a residence is located to first examine the notice provided for in this chapter, if any is attached, and be governed by the statement contained on any notice. If such a notice is posted, then the solicitor or peddler shall immediately and peacefully depart from the premises. Any solicitor or peddler who has gained entrance to any residence whether invited or not shall immediately and peacefully depart from the premises when requested to do so by the occupant.
It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting or peddling in defiance of the notice exhibited at the residence in accordance with the provisions of § 340-8 of this chapter.
It is hereby declared to be unlawful and shall constitute a nuisance for any person whether registered under this chapter or not to go upon any premises and ring the doorbell upon or near any door of a residence located thereon or rap or knock upon any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant thereof and engage in soliciting or peddling prior to 9:00 a.m. or after 9:00 p.m. of any weekday or at any time on a Sunday or on a state or national holiday. Such time shall be the prevailing time, whether Eastern Standard Time or Daylight Saving Time.
No person, whether or not registered as a solicitor or peddler under this chapter, shall park any vehicle upon any of the streets, highways or alleys of Hellam Township in order to sort, rearrange or clean any of his goods, wares, services or merchandise. No such person shall place or deposit any refuse on any such streets, highways or alleys, No such person shall maintain or keep a street or curbstone market by parking any vehicle upon any street or alley in Hellam Township for any longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.
No person licensed as a solicitor or peddler under this chapter shall occupy any fixed location upon any of the sidewalks of the streets, highways, alleys or sidewalks of Hellam Township for the purpose of soliciting or peddling with or without any stand or counter.
Any certificate issued under this chapter may be suspended or revoked at any time by any authorized enforcement officer for violation of any of the terms and conditions set forth herein.
No person registered as a solicitor or peddler under this chapter shall hawk or cry his/her wares or services upon any of the streets or sidewalks of Hellam Township, nor shall be/she use any loudspeaker, bell, whistle, or other device for announcing his/her presence by which the public is annoyed.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus all costs of prosecution, including, but not limited to, attorneys' fees, and in default of payment thereof, shall be imprisoned for a term not to exceed 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The provisions of this chapter shall be enforced by the Hellam Township Zoning Officer, any Hellam Township official appointed from time to time by resolution of the Board of Supervisors, or by any police officer having authority within Hellam Township.