ORDINANCE NO.
2010-U
An Ordinance Amending Ordinance 2006-R, Solicitation, of Township of
Conewago, County of Adams, Commonwealth of Pennsylvania, Providing for the
Regulation of Persons Who Solicit in the Municipality on Behalf of a Charitable
Organization, a Commercial Enterprise, or Otherwise.
Section 1: Title
of Ordinance.
This Ordinance shall be known and may be cited as the "Township of Conewago
Solicitation Ordinance".
Section 2:
Definitions and word usage.
The following words shall be construed to have the meanings set forth below. The
singular number includes the plural, and the masculine includes the feminine and
the neuter.
CHARITABLE SOLICITATION ACT: The Solicitation of Funds for Charitable Purposes Act enacted by the Commonwealth of Pennsylvania, 10 P.S. §162.1 et seq., as such act may be amended from time to time.
PERSON: Any individual, organization, corporation, association, partnership, trust, foundation or other entity, however styled, including, but not limited to, charitable organizations, business organizations, professional Solicitors, and volunteer fundraisers and solicitors.
SOLICIT: To go from door to door in the Township (i) soliciting contributions or pledges for contributions, or (ii) selling or attempting to sell subscriptions, products or services, or taking orders or attempting to take orders for subscriptions, products or services, or (iii) handing a pamphlet, handbill, advertising material or other form of literature ("Literature") to an occupant of the residence. The term "Solicit" does not include simply leaving Literature at a residence without knocking on the door or ringing the door bell.
SOLICITATION: Acts of individual Solicitors on behalf of a particular Person.
SOLICITOR: A Person who Solicits.
SOLICITING ORGANIZATION: The Person on whose behalf Solicitors are acting.
TOWNSHIP: The Township of Conewago, Adams County, Pennsylvania.
TOWNSHIP SOLICITATION PERMIT: An identification card issued by the Township to a qualified Person who has met the application requirements of this Ordinance, and allowing such Person to solicit within the Township according to the terms and conditions of this Ordinance ("Permit").
Section 3:
Registration Required.
It shall
be unlawful for any Person to engage in business as a Solicitor, calling at
residences or places of business without the previous consent of the occupant
for the purpose of soliciting orders, sales, subscriptions, or business of any
nature, or seeking for information or donations without first having registered
in the office of the Chief of Police of the Township. The registrant shall give
his complete identification, signature, the name of his employer, the nature of
the products or services in which he is interested, the names of the
manufacturers of such products, or of the organization which he is representing,
and the proposed method of operation in the Township.
The Employer/Company shall be listed with The Better Business Bureau.
Section 4:
Registration Fee.
Each
Solicitor/Person shall pay to the Township a non-refundable registration fee for
the period expiring five (5) business days after the date of said registration.
Such registration fee shall be established by Resolution by the Board of
Supervisors.
Saturday and Sunday solicitation is prohibited.
Each Solicitor/Person shall at all times while soliciting in the Township carry upon his person the Permit and the same shall be exhibited by such Solicitor whenever he is required to do so by any law enforcement officer or by any individual solicited.
Each Solicitor/Person shall submit to a background check and pay the fee as established by Resolution by the Board of Supervisors.
Section 5:
Exceptions.
The
provisions of this Ordinance shall not apply to the following individuals and
organizations:
A. Fund raising activities to benefit school sponsored
organizations, churches, or other not-for-profit charitable and civic
organizations.
B. Persons delivering or distributing goods or services
previously ordered or contracted for by the individual(s) to whom they are
delivered or
distributed.
C. Persons who solicit for an organization which has
registered with the Pennsylvania Department of State under the Solicitation of
Funds for
Charitable Purposes Act, 10 P.S.
§162.1 et seq., and produce proof of such current registration.
D. Officers or employees of the Township, county, state or
federal government, or any subdivision thereof, when on official business.
E. Persons engaged in interstate commerce.
Section 6:
Revocation.
Any such registration of a Solicitor/Person may be revoked by the Board of
Supervisors or Chief of Police of the Township because of any violation by the
Solicitor of this Ordinance or of any other Ordinances of the Township, or of
any state or federal law, or whenever the registrant shall cease to possess the
qualifications and character required in this Ordinance for the original
registration.
Section 7:
Consent of Occupant.
The
practice of going in and upon private residences in the Township by Solicitors,
not having been requested or invited so to do by the owner or owners, occupant
or occupants of said private residences, for the purpose of soliciting orders
for the sale of goods, wares and merchandise, and/or [for the purpose of]
disposing of the same, is hereby declared to be a nuisance.
Section 8:
Standards of Conduct.
Every
Person engaged in soliciting within the confines of the Township shall, in the
conduct of his activities, comply with the following standards of conduct:
• The Solicitor/Person shall not engage in soliciting before
9:00 a.m. or after 7:00 p.m., prevailing time.
Section 9:
Violations and penalties.
Any Person
who shall engage in soliciting without registering with the appropriate Township
authority or any Person, whether or not required to be registered under this
ordinance, who shall violate any of the other provisions set forth herein shall,
upon conviction thereof before a Magisterial District Judge, be subject to a
fine or penalty of not more than $300.00, plus costs of prosecution. Such fine
or penalty shall be collected as like fines or penalties are now by law
collected.
Section 10:
Effective date.
This
Ordinance shall be effective August 16, 2010.
Duly Ordained and Enacted this 16th day of August, 2010, by the Board of Supervisors of Conewago Township, Adams County, Pennsylvania.
by: Township of Conewago Board of Supervisors