(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CANVASSING. Includes any person who goes from private house to house questioning persons for the purposes of obtaining information data or opinions from such persons contacted for any issue of public interest, including political, religious, charitable or educational purposes, whether or not a donation from the resident(s) is sought from the canvasser.
CHARITABLE ORGANIZATION. An organization which has been granted an exemption by the United States Internal Revenue Service under the United States Internal Revenue Code of 1954, being 26 U.S.C. §§ 501(c) and 509(a) and/or any person or organization who has complied with the provisions of the Pennsylvania Solicitation of Funds for Charitable Purposes Act, 10 P.S. §§ 162.1 et seq., as amended.
LEGAL HOLIDAY. Any holiday characterized by the suspension of business of the state or federal government, including, but not limited to, New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
PANHANDLING.
(a) Includes, but not be limited to, using the spoken, written or printed word, bodily gestures, signs, music, singing or other street performance with the purpose of obtaining an immediate donation of money or other thing of value. PANHANDLING shall also include exchanges in which the person being approached receives an item or thing of value of little or no monetary value in exchange for a donation, under circumstances where a reasonable person would understand that the transaction is in substance a donation.
(b) PANHANDLING IN AN AGGRESSIVE MANNER means:
1. Following behind, ahead or alongside a person for more than 50 feet either before, during or after soliciting if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, or damage to or loss of property or otherwise be intimidated into giving money or other thing of value;
2. Continuing to solicit from a person after that person has given a negative response to such soliciting or walked away from the solicitor;
3. Intentionally touching or causing contact with the solicited person without such person’s consent;
4. Intentionally blocking or interfering with the safe or free passage of a person or vehicle being solicited by any means, including unreasonably causing a person or vehicle operator to take evasive action to avoid physical contact;
5. Using profane or abusive language, or speaking in an unreasonably loud volume, either during the solicitation or following a refusal to make a donation, or making any statement or gestures toward a solicited person which would cause a reasonable person to be fearful or feel compelled; or
6. Soliciting from a person while that person is waiting in line for entry to a building or for another purpose.
PERSON. Any natural person, partnership, association, corporation or other legal entity.
PUBLIC PLACE. Any place to which the public or a substantial group of persons has access, including, but not limited to, any street, highway, sidewalk, parking facility, plaza, transportation facility, school, place of amusement, park or playground, and any doorway, entrance, hallway, lobby, or other portion of any business establishment, apartment house or hotel not constituting a room or apartment designed for actual residences.
SOLICITING. Includes, but is not limited to, a person going:
(a) From private house to house, conveying or transporting goods, wares or merchandise, or offering or exposing the same for sale or making sales or delivering articles, goods, wares or merchandise to purchasers; and
(b) From private house to house, soliciting or attempting to take orders from individuals for sale of goods, wares or merchandise, including magazines, books, periodicals or other personal property of any nature whatsoever, for future delivery or for services to be performed at that time or in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such order or whether or not he or she is collecting advance payments on such orders.
TOWNSHIP. Greene Township, Beaver County, Pennsylvania.
TRANSIENT RETAIL BUSINESS.
(a) The term includes the following:
1. Engaging in begging, panhandling, peddling, soliciting or taking orders or money, either by sample or otherwise, for any goods, wares or merchandise or for rides or amusements (including fairs and carnivals) upon any street, alley, sidewalk or public ground or from house to house within the township;
2. Selling, soliciting or taking orders for any goods, wares or merchandise from a fixed location within the township on a temporary basis, which shall include, but shall not be limited to, such activities conducted at the time of special occasions or celebrations, for seasonal purposes or for or in advance of specific yearly or legal holidays; and
3. The business conducted by any TRANSIENT MERCHANT, which term shall include any person who, temporarily and for a short time, hires, rents or obtains a definite place of business, whether a storeroom or a market stand or a private residence, for the sale of goods, wares, merchandise or to offer or expose the same for sale or for future delivery and sale. The terms TEMPORARILY and SHORT TIME shall be construed as three months or less.
(b) The term shall not include:
1. The solicitation of funds for non-profit charitable, religious or political organizations or any other activity with a predominantly charitable, religious or political purpose;
2. The solicitation of funds by school children through and including grade for any school-approved activity or organization;
3. Sales made to dealers by commercial sales agents in the usual course of business, calling upon or dealing with manufacturers, wholesalers, distributors or retailers at their places of business; and
4. Yard and/or garage sales as conducted by a township resident from his or her place of residence.
(B) The singular shall include the plural, the plural shall include the singular and the masculine shall include the feminine and the neuter.
(Ord. 1-2014, passed 5-6-2014)