ORDINANCE No. 175
An Ordinance of
all peddling and soliciting activities for the protection and
maintenance of
health, safety
and welfare
of the
inhabitants of the township.
NOW THEREFORE, BE IT ENACTED AND
ORDAINED as follows:
1.
This Ordinance
shall be known as the PEDDLING and SOLICITING Ordinance.
2,
Purpose.
To regulate the distribution of certain materials, peddling, soliciting
and related activities within
3.
Definitions.
Distributor
– Any person who distributes or causes to be distributed on any public place
within the township any handbill, advertisement, circular, card, pamphlet or
printed material of any kind other than a regular delivered newspaper, magazine
or periodical.
Merchandise
– All goods, wares, food, meat, fish, ice cream, fruit, vegetables, magazines,
periodicals, printed materials, farm products, services and orders, or contracts
for orders, home improvements or alterations and anything that may be sold or
distributed by peddlers, solicitors
or distributors as defined herein.
Peddler
– Any person, whether a resident of the township or not, who goes from house to
house, from place to place or from street to street traveling by foot,
automotive vehicle or any other type of conveyance, carrying or transporting
merchandise for the purpose of selling or delivering the merchandise to
customers.
Solicitor
– Any person, whether a resident of
the township or not, who goes from house to house or from place to place
traveling by any form of conveyance, soliciting, taking or attempting to take
orders for the sale of merchandise or services of any kind for future
performance or delivery, whether or not he/she be collecting advance payments of
such sales or orders, or who engages in these types of activities in any public
place, The word “solicitor” shall
include “canvasser”, “peddler”, “transient merchant” or any person who goes from
door to door as described herein for the purpose of soliciting in any form.
4.
Registration Required.-
It shall be unlawful for any
peddler, solicitor, distributor or transient merchant to sell, offer for sale or
distribute merchandise, printed material or services within the township without
first filing an application for registration and obtaining permission from the
township.
5.
Permits. –
Upon obtaining a permit, a
peddler, solicitor, distributor or transient merchant may conduct his/her
activities within the township only so long as he/she
adheres to the regulations as set forth herein and carries the permit
upon his/her person at all times during the conduct of services.
The permit shall identify the person and the type of activity for which
registered and shall be shown to any citizen upon request.
All permits shall expire upon the dates shown thereon.
6.
Permit & Application.
Every applicant for a permit shall file
with the Township a written application which shall give the following
information and/or documents:
(1)
The name and
description of the applicant and/or organization
(2)
The permanent home
address and full local address of the applicant.
(3)
A statement of the
nature of the activity and a description of all materials or services to be
offered.
(4)
If employed, the
name and address of the employer including credentials establishing the exact
relationship.
(5)
The length of time
for which the permit is desired.
(6)
If a vehicle is to
be used, a description of it and license information.
(7)
A copy of Photo
ID.
7.
Fees. –
The fee to be paid in conjunction with
the issue of a permit, payable at the time of issuance of the permit, shall be
set by resolution of the Board of Supervisors of the township. Such fees as
imposed shall be for the purpose of defraying the costs of administering and
enforcing the provisions of this ordinance.
8.
Issuance of Permit. –
Upon receipt of the completed application
and payment of the required fee, a permit may be issued by the township. The
permit shall give appropriate information to identify the applicant and the
activity of involvement.
9.
Restrictions.
No person shall:
(1)
Peddle, solicit or
distribute merchandise except between the hours of 9:00 A.M. and 5:00 P.M Monday
through Saturday with the exception of members or representatives of religious
or political organizations which are exempt by the First Amendment, unless
specifically invited or having made an appointment. Peddle, solicit and
distribute is not permitted on holidays.
(2)
Attempt to peddle,
solicit or distribute merchandise or printed material without first identifying
oneself and displaying the permit.
(3)
Have exclusive
right to any location wherein the operation may impede or inconvenience the
public.
(4)
Conduct oneself in
such a manner as to become objectionable or to annoy an occupant of any
residence.
(5)
Enter any
residence of the township without an express invitation from
the occupant of the residence.
(6)
Distribute any
merchandise or printed material which advocates unlawful conduct.
(7)
Litter any public
areas within the township with any merchandise or printed materials
(8)
Violate any motor
vehicle law of the township or the
10.
Exemptions.-
The following persons or
organizations are exempt from the payment of fees upon compliance with all other
provisions of this ordinance and submission of applicable information to support
the claim of exception:
(1)
Any charitable or
religious society that shall conduct solicitations or sales of
personal property when the proceeds thereof shall be applied to
charitable or religious object for which the society exists.
(2)
Any person engaged
in door-to-door canvassing, religious proselytizing, anonymous political speech
and the distribution of handbills of a noncommercial nature deemed to be
protected speech under the First Amendment to the United States
Constitution.
(3)
Any person engaged
in the delivery of goods or merchandise in the regular course of business.
(4)
Any school,
political or civic organization, benevolent society, service club or
organization, not for profit.
(5)
Persons conducting
a bona - fide auction sale pursuant
to law or a sale required by statute or by order of any court.
(6)
Minors
(Township-resident/school children under 16 years old) involved in the sale or
solicitation, provided however, that such persons are working as agents for an
organization.
11.
Interpretations.
–
This ordinance shall not be
applied so as to place any undue burden upon interstate commerce with respect to
any business or activity referred to herein. It is the intent of this ordinance
to protect the health, safety and welfare of the inhabitants of the township and
not to unduly regulate or control the proper conduct of any business or
commercial property.
12.
Enforcement Remedies. –
The following enforcement
remedies shall be available to the Township:
A.
Any person,
partnership or corporation who or which has violated or permitted the violation
of the provisions of this ordinance shall, upon being found liable there for in
a civil enforcement proceeding commenced by the township, pay a judgment of not
more than $ 500.00 plus all court costs, including reasonable
attorney’s fees incurred by the township as a result thereof:
(1)
No judgment shall
commence or be imposed, levied or payable until the date of the determination
of a violation by the District Justice.
(2)
If the defendant
neither pays nor timely appeals the judgment, the township may enforce the
judgment pursuant to the applicable rules of civil procedure.
(3)
Each day that a
violation continues shall constitute a separate violation, unless the District
Justice determining that there has been a violation further determines that
there was a good faith basis for the person, partnership or corporation
violating the ordinance to have believed that there was no such violation, in
which event there shall be deemed to have been only one such violation until the
fifth day following the date of the determination of a violation by the District
Justice and thereafter each day that a violation continues shall
constitute a separate violation.
(4)
All judgments,
costs and reasonable attorney’s fees
collected from the violations of the ordinance shall be paid to the township.
B.
The Court of
Common Pleas, upon petition, may grant a order of stay, upon cause shown,
tolling per diem fine pending a final adjudication of the violation and
judgment.
C.
Nothing contained
in this section shall be construed or interpreted to grant to any person or
entity other than the township the right to commence any action for enforcement
pursuant to this section.
13. Severability.
The provisions of the
ordinance are severable, and if any section, clause, sentence or part or
provision thereof shall be held illegal, invalid or unconstitutional, the
decision of the court shall not affect
or impair the remaining parts and provisions of this ordinance.
ENACTED AND ORDAINED this 15th
day of September, 2008.
BOARD OF SUPERVISORS
KENNETT TOWNSHIP
ATTEST:
Secretary-Treasurer
Robert A. Hammaker,
Chair
Allan F. Falcoff,
Vice-Chair
Michael E. Elling