Township of Upper Providence, PA
Montgomery County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Providence 7-7-1975 by Ord. No. 169. Amendments noted where applicable.]
GENERAL REFERENCES
Garage sales — See Ch. 94.
Noise by peddlers — See Ch. 122.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
PEDDLER
Any person who shall engage in peddling as hereinabove defined.
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 or from house to house or by visitation to private residences or by entering into or upon private property within said Township.
PERSON
Any person, association, partnership, firm, organization or corporation.
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 or from house to house or by visitation to private residences or by entering into or upon private property; further, the seeking or taking of contracts or orders for home or other building repairs, improvements and alterations or orders or contracts for any mechanical, electrical, plumbing or heating devices or equipment for houses by the same means.
SOLICITOR
Any person who shall engage in soliciting as hereinabove defined.
B. 
The words "soliciting" and "peddling" shall not apply to:
(1) 
Farmers seeking or taking orders for the sale of their own products.
(2) 
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.
(3) 
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.
(4) 
Any honorably discharged soldier, sailor or marine of the military service who complies with the Act of April 8, 1867, P.L. 50, 60 P.S. § 61, as amended, and who procures from the prothonotary of the proper county a certificate pursuant to said Act.
(5) 
The seeking or taking of orders for insurance by insurance agents or brokers or others licensed under the insurance laws of the commonwealth.
(6) 
Persons, corporations, partnerships and associations, their agents or employees, who have complied with the provisions of 10 P.S. § 161.1 et seq., as amended, governing solicitations for charitable, benevolent, patriotic or other purposes.
[Amended 9-17-1990 by Ord. No. 301]
(7) 
Any person taking orders for merchandise from dealers or merchants for resale to an ultimate consumer.
(8) 
Persons engaged in political or religious advocacy.
[Added 6-2-2003 by Ord. No. 429]
No person shall engage in soliciting or peddling in the Township of Upper Providence without first having taken out a license as herein provided.
Every person desiring to engage in soliciting or peddling in Upper Providence Township shall first make application to the Township for a license. Said application shall be upon a blank provided by the Township and shall contain at least the following information verified by oath or affirmation:
A. 
The full name of the applicant and local address, if any.
B. 
The applicant's permanent address.
C. 
The name of the applicant's employer or a statement that such applicant is self-employed.
D. 
The nature of the goods, wares, services or merchandise offered for sale.
E. 
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 punishment imposed.
F. 
The type of vehicle to be used, if any.
G. 
Upon request, the applicant shall also submit to fingerprinting and furnish a photograph, provided that:
(1) 
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.
(2) 
The application shall be filed at least 15 days prior to the date the solicitation or peddling is to commence.
A. 
Licenses shall be valid only for the specific dates shown thereon, and the fees for said licenses shall be set by resolution of the Board of Supervisors.
[Amended 10-5-2015 by Ord. No. 549]
B. 
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.
The license granted pursuant to this chapter shall be valid for 30 days after the date of such license. 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 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, carry such license upon his person and shall exhibit it upon request to all police officers, officials and citizens. No solicitor or peddler shall engage in selling any product or service not mentioned on such license.
No person licensed as a solicitor or peddler under this chapter shall park any vehicle upon any of the streets, highways or alleys of said Township in order to sort, rearrange or clean any of his goods, wares, services or merchandise; nor shall any such person place or deposit any refuse on any streets, highways or, alleys; nor shall any person maintain or keep a street or curbstone market by parking any vehicle upon any street or alley in said Township for longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.
[Amended 5-6-2019 by Ord. No. 576]
A person licensed as a solicitor or peddler under this chapter may engage in the licensed activity beginning at 9:00 a.m. and ending at 30 minutes past dusk, or 8:00 p.m., whichever first occurs.
Any license issued hereunder may be suspended or revoked at any time upon proof being furnished to the Township that the application contained false information or that the applicant or licensee was convicted of a crime involving moral turpitude after the issuance of the license or that the licensee was convicted of disorderly conduct under any law of the commonwealth or any municipal ordinance.
[Amended 9-17-1990 by Ord. No. 301]
Any person, firm or corporation who or which shall violate or fail, neglect or refuse to comply with any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and costs of prosecution and, in default thereof, imprisonment for not in excess of 30 days.