Township of Middle Smithfield, PA Chapter 140 Peddling and Soliciting

[HISTORY: Adopted by the Board of Supervisors of the Township of Middle Smithfield 8-28-1986 by Ord. No. 35. Amendments noted where applicable.]

§ 140-1 Definitions; word usage.

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

SOLICITING and PEDDLING

(1) SOLICITING The seeking or taking of contracts or orders for any goods, wares, services or merchandise for future delivery or for subscriptions or contributions upon any of the streets or sidewalks, from house to house, by visitation to private residences or by entering in or upon private property within the township.

(2) PEDDLING The selling or offering for sale of any goods, wares, services 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, from house to house, by visitation to private residences or by entering in or upon private property within the township.

(3) "Soliciting" and "peddling" shall not apply to:

(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) The sale of goods, wares and merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose.[1]

(d) The seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania for insurance.

(e) Persons, corporations, partnerships and associations, their agents or employees, who have complied with the provisions of the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq., governing solicitations for charitable, benevolent, patriotic or other purposes.[2]

(f) Any person taking orders for merchandise from dealers or merchants, for resale to an ultimate consumer.

SOLICITOR

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

PEDDLER

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

PERSON

Any natural person, association, partnership, firm, organization or corporation.

[1] Editor's Note: Original Subsection (c)(4), which immediately followed this subsection and exempted any honorably discharged soldier, sailor or marine of the military service, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. In this chapter, the singular shall include the plural and the masculine shall include the feminine and the neuter.

§ 140-2 License required.

No person shall engage in soliciting or peddling in the township without first having taken out a license as herein provided.

§ 140-3 License application.

A. Every person desiring to engage in soliciting or peddling in the township shall first make application to the Codes Officer of the Board of Supervisors for a license. If such person shall also be required to obtain a license from any county officer, he shall, on making such application, exhibit a valid county license. The application shall be upon a blank provided by the township and shall contain at least the following information verified by oath or affirmation:

(1) The full name of the applicant and local address, if any.

(2) Permanent address.

(3) The 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.

(5) A statement as to whether or not the applicant has ever been convicted of a crime, and if the answer is in the affirmative, the nature of the offense or offenses and the punishment or punishments imposed thereon.

(6) The type and license number of vehicles to be used, if any.

(7) Upon request, the applicant shall furnish a photograph.

B. Where a person makes application for himself and one or more helpers, all applicable personal information specified above shall be given for each helper and verified or affirmed by oath or affirmation by him, and an individual license shall be required for each helper. No license under this chapter shall be transferable from one person to another.

§ 140-4 License fee.

No license shall be issued under this chapter until a license fee, in such amount as may be established by resolution duly adopted by the Board of Supervisors, shall be paid to the Township Secretary, and it shall be for the use of the township. 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 and shall apply where an employer desires to secure licenses for his employees, agents or servants.

§ 140-5 License term; renewal.

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 § 140-4.

§ 140-6 License exhibition.

Such license, when issued, shall state, inter alia, the products to be sold or services to be rendered by the licensee. Every solicitor or peddler shall at all times, when engaged in soliciting or peddling in the township, carry such license upon his 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 license.

§ 140-7 Hours.

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 6:00 p.m. During the time of the year when Eastern standard time is effective, the aforesaid hours shall be Eastern standard time, and during the time of the year when daylight saving time is effective, the aforesaid hours shall be daylight saving time.

§ 140-8 Parking vehicle on street; littering.

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. 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 the township for any longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.

§ 140-9 Fixed location prohibited.

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 the township for the purpose of soliciting or peddling with or without any stand or counter.

§ 140-10 Crying wares, using noisemakers prohibited.

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 the township, nor shall he use any loudspeaker, bell, whistle or other device for announcing his presence by which the public is annoyed.

§ 140-11 Record of licenses.

The Codes Officer shall keep a record of all licenses issued under this chapter and shall make a report thereof each month to the Board of Supervisors.

§ 140-12 License suspension; appeals.

Any license issued under this chapter may be suspended at any time by the Codes Officer of the township for violation of any of the provisions of this chapter or for giving false information on any application for a license hereunder or for the applicant or licensee having been convicted of a crime involving moral turpitude after issuance of such license or for the licensee having been convicted of disorderly conduct under any law of the Commonwealth of Pennsylvania or any ordinance of the township. Appeals from any suspension may be made to the Board of Supervisors at any time within 10 days after such suspension. No part of a license fee shall be refunded to any person whose license shall have been suspended.

§ 140-13 Violations and penalties. [1]

Any person who violates or permits a violation of this chapter, upon being found liable therefor in a civil enforcement proceeding, shall pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice and/or Court. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).