[HISTORY: Adopted by the Township Council of Horsham Township at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
Findings. The Horsham Township Council has determined that the safety and privacy of Township residents, particularly the elderly, may be jeopardized by fraudulent schemes to sell goods and services to Township residents, and that it is in the best interest of the Township to differentiate between certain categories of peddlers and solicitors.
Purposes. It is the purpose and intent of this chapter to provide the Township with standards defining and regulating peddling and soliciting. These standards are intended to protect the safety and privacy of the residents of Horsham Township by regulating the behavior of peddlers and limiting peddlers' access to residents who do not wish to interact with them.
The following words shall have the following meanings when use in this chapter, unless the context requires otherwise:
- Any person who shall engage in peddling or soliciting.
- PEDDLING or SOLICITING
- Engaging in the peddling, canvassing, soliciting, hawking, vending, taking of orders, selling, or offering for sale of any commercial services, goods, wares, merchandise, printed matter or food products by visitation to private homes or residences without the direct invitation of the inhabitants thereof, or on the public streets or highways of the Township.
Any person, firm or corporation who is the owner or lawful occupant of private property within Horsham Township may prohibit the practice of going in or upon the private property of such owner or occupant by peddlers by posting upon such property a sign which reads "No Peddling or Soliciting" in a location which is reasonably visible to persons who intend to enter upon such property.
Any and all peddlers are prohibited from entering upon any property that is posted with a "No Peddling or Soliciting" sign and may be prosecuted for trespassing.
Every peddler shall, in the carrying on of his or her business or activities in the Township, comply with the following rules of conduct:
The peddler shall carry official identification, such as a driver's license, upon his or her person at all times and shall exhibit it upon request of any person to whom the peddler is attempting to peddle to.
The peddler shall not enter or attempt to enter any dwelling house or place of business without invitation or permission of the occupant and shall immediately leave the premises upon request.
The peddler shall only engage in peddling or soliciting within the Township on Monday through Saturday during daylight hours. No peddling shall be allowed on Sundays or on any state or federal legal holidays.
The peddler shall not call out or shout to sell his or her services or goods, nor shall the peddler use any loudspeaker or horn or other device for announcing his or her presence by which the public is annoyed.
The peddler shall not occupy any fixed location upon or along any of the streets, alleys or sidewalks of the Township for the purpose of peddling or soliciting, with or without any stand, counter or cart.
The peddler shall not peddle in any Township park without first acquiring a permit from the Township's Zoning Officer.
The peddler shall not park any vehicle upon or along any of the streets, alleys or sidewalks of the Township for the purpose of sorting, rearranging or cleaning any of his or her goods, wares or merchandise or of disposing of any carton, wrapping material or of any stock or wares or foodstuffs that have become unsaleable through handling, age or otherwise.
Any person or organization desiring to engage in peddling within Horsham Township must first make application to the Police Department of Horsham Township for a license. The Police Department may require such information as the Chief of Police deems appropriate, including, but not limited to, fingerprinting, photograph, prior criminal record, name of employer and type of solicitation being made to the public.
Every person intending to peddle within Horsham Township shall be required to file an application and obtain a license. No license issued under this chapter shall be transferable from one person to another, and there shall be a three- to five-day waiting period between application and issuance of license.
All fees for peddling licenses shall be set by separate resolution of the Horsham Township Council.
All licenses issued by the Police Department of Horsham Township shall be exhibited in clear view by the person soliciting at all times, and it shall not be altered or used by any other person except the applicant and licensee.
Persons or organizations engaged in door-to-door canvassing on religious or political subjects, or distributing religious or political handbills, shall be exempt from the license requirements of this chapter. All such persons, however, shall carry official identification, such as a driver's license, upon his or her person at all times and shall exhibit it upon request of any person to whom the peddler is attempting to solicit.
The application, license and fee requirements may be waived by the Township for persons soliciting or peddling on behalf of organizations of purely public charities, such as local churches, scout troops, civic and service organizations, fire companies, athletic organizations, and the like; provided, however, that any such group notify the Chief of Police in writing in advance of any such solicitation setting forth the dates of solicitation within the Township.
The Chief of Police is hereby authorized to suspend or revoke any license issued under this chapter for any violation of any of the provisions of this chapter, or for giving false information upon any application for license. The Chief of Police is further authorized to refuse a license to any person with a prior criminal record and to any other person who would present a threat of harm or danger to the citizens of Horsham Township.
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon conviction before a District Justice, be subject to a penalty of not less than $200 nor more than $500, plus costs of prosecution, and, in default of payment of such fine and costs, to imprisonment not to exceed 30 days, or both such fine and imprisonment. Each day that a violation continues may be regarded as a separate offense and punishable as such.