CHESTER COUNTY, PENNSYLVANIA
Ordinance No. HR-421
AN ORDINANCE OF TREDYFFRIN TOWNSHIP, CHESTER COUNTY, COMMONWEALTH OF PENNSYLVANIA AMENDING THE TOWNSHIP PEDDLING AND SOLICITING ORDINANCE.
BE IT ENACTED AND ORDAINED by the Board of Supervisors of Tredyffrin Township, Chester County, Commonwealth of Pennsylvania, that Chapter 143, Peddling and Soliciting, of the Code of the Township of Tredyffrin (the “Code”) shall be amended and added as follows:
SECTION I. Chapter 143, Section 143-2.E of the Code is hereby added to read as follows:
§143-2.E. A permit card issued pursuant to this chapter is not transferrable to any other person or entity. A permit card issued pursuant to this chapter is not transferable to any employee or agent of a licensee who is not listed in the licensee’s permit card application. 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 permit cards for his employees or agents.
SECTION II. Chapter 143, Sections 143-3.F, 143-3.G. and 143-3.H. of Code are hereby added to read as follows:
§143-3.F. He shall peddle, solicit or distribute merchandise only between the hours of 9:00 a.m. and dusk, which for the purposes of this subsection is hereby defined as thirty (30) minutes after sunset Monday through Saturday and is expressly prohibited on Sundays.
§143-3.G. He shall comply with “No Soliciting” notices posted on any property or business in the Township and comply with the standards relating to the “No Soliciting” registry established by §143-6 of this chapter.
§143-3.H. He shall not engage in peddling or soliciting in a manner that is intended to or is likely to intimidate a person responding affirmatively to the peddling or soliciting activity; or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon a person’s property.
SECTION III. Chapter 143, Section 143-6. Exemption from licensing of the Code is hereby replaced to read as follows:
§143-6. List of homes not wishing to be solicited.
A. Any resident of Tredyffrin Township may register with the Tredyffrin Township Police Department by signing a registration application indicating that such owner or resident of such home does not wish to be solicited.
B. Any person seeking a permit card under the provisions of this chapter shall, in signing the application to obtain the same, agree that he or she will not solicit homes whose owners or residents have signed a registration list which indicates that such owner or resident of such home does not wish to be solicited. Such a list shall be held by the Police Department, and a copy thereof shall be given to each person obtaining a license and identification card under the provisions of this chapter. In the event that such person soliciting within the boundaries of the Township shall fail to recognize the wishes of the homeowner or the resident of such home expressed in the notice, then any such attempt to solicit such home shall result in revocation of the solicitor’s license and identification card.
SECTION IV. Former Section 143-6. Exemption from licensing of the Code has been renumbered as Section 143-7.
SECTION V. Former Section 143-7 Violations and penalties of the Code has been renumbered as Section 147-8.
SECTION VI. If any sentence, clause, section or part of this ordinance is, for any reason, found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts hereof. It is hereby declared as the intent of the Board of Supervisors that this ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
SECTION VII. All other sections, parts or provisions of the Code of Tredyffrin shall remain unchanged.
SECTION V. This Ordinance shall become effective five (5) days from the date of enactment.
DULY ORDAINED AND ENACTED this 17th day of September, of 2018.