[HISTORY: Adopted by the Board of Commissioners of the Township of Cheltenham 7-21-2009 by Ord. No. 2191-09. Amendments noted where applicable.]
Garage sales — See Ch. 158.
Peace and good order; noise control — See Ch. 205.
Precious metals and gems — See Ch. 213.
Mercantile license and business privilege taxes — See Ch. 270, Arts. II and III.
Zoning — See Ch. 295.
Editor's Note: This ordinance also repealed former Ch. 251, Soliciting and Transient Vendors, adopted as follows: Art. I, Soliciting by Charitable Organizations, 3-19-1985 by Ord. No. 1598, as amended; and Art. II, Transient Vendors, 4-18-1995 by Ord. No. 1829-95.
[Amended 4-17-2013 by Ord. No. 2263-13; 10-21-2015 by Ord. No. 2315-15]
As used in this chapter, the following terms shall have the meanings indicated:
- Any person or any organization or company employing peddlers or solicitors who shall engage in peddling/soliciting as herein defined. The words "peddler" and "solicitor" shall include the words "vendor," "street vendor," "hawker" and "huckster," and other such words carrying or conveying the same meaning and understanding and addressing the same activities described thereby.
- PEDDLER/SOLICITOR (NONPROFIT/EXEMPT)
- Any person representing a governmental agency, charitable, educational, religious or political organization or any association incorporated in accordance with or subject to the provisions of the Commonwealth of Pennsylvania, Department of State, Bureau of Charitable Organizations, for the purpose of soliciting membership, money and/or property by or on behalf of a nonprofit/exempt organization, cause, candidate or viewpoint.
- PEDDLING (COMMERCIAL)
- The selling or offering for sale of any goods, wares or merchandise for immediate delivery, which the person selling or offering for sale carries with him/her in traveling or has in his/her possession or control upon any of the streets or sidewalks, from house-to-house within the Township of Cheltenham or from a fixed location within the Township of Cheltenham on a temporary basis.
- SOLICITING (COMMERCIAL)
- The seeking or taking of contracts or orders for any goods, wares or merchandise for future delivery or for services performed for the homeowner by a private individual or for-profit corporation, upon any of the streets or sidewalks, from house-to-house within the Township of Cheltenham, including the door-to-door delivery of business advertisements that do not require direct contact with residents.
- TRANSIENT SALES, INSIDE
- The selling, offering for sale, or taking orders for sale on a seasonal/temporary basis by a transient vendor with written permission of the property owner inside any mall or other nonresidential establishment within the Township's borders, provided that said seasonal/temporary use complies with the requirements of Chapter 295, Zoning.
- TRANSIENT SALES, OUTSIDE
- The peddling, soliciting, selling, offering for sale or taking orders for sale by a transient vendor at any outdoor place, on a seasonal/temporary basis, within the limits of private property with permission of the property owner, provided that said private property is zoned for commercial use and that said seasonal/temporary use meets the requirements of Chapter 295, Zoning. Any permanent or temporary structures installed to conduct transient sales shall comply with the requirements of the Township's Building Code. Transient sales are not permitted on residential properties.
- TRANSIENT VENDOR
- A person, group of persons, or entity engaged in transient sales at a single location, whether inside a mall, commercial or other permanent building within the Township's borders, or at an outdoor place within the Township's borders, on a seasonal/temporary basis. A transient vendor does not maintain a distribution house, sales house, warehouse, service enterprise or residence on the location where the transient sales take place.
Any and all peddlers/solicitors are prohibited from entering upon any property that is posted with a "No Peddling" and/or "No Soliciting" sign and may be prosecuted for trespassing.
[Amended 4-17-2013 by Ord. No. 2263-13; 10-21-2015 by Ord. No. 2315-15]
It is unlawful for any person(s) to engage in peddling, soliciting or transient sales or for any organization employing any peddlers, solicitors or transient vendors to engage in peddling, soliciting or transient sales within Cheltenham Township without a valid permit issued by Cheltenham Township, except if said person(s) represents an exempt organization. All peddlers, solicitors, transient vendors and employers shall, when conducting business activities in the Township, comply with the following rules of conduct:
Peddlers/solicitors shall carry the permit at all times and furnish it upon request of any person to whom the peddler/solicitor is attempting to peddle or solicit.
Peddlers/solicitors shall not enter or attempt to enter any dwelling house or place of business without the invitation or permission of the occupant and shall immediately leave the premises upon request.
Peddlers/solicitors shall only engage in peddling/soliciting within the Township between the hours of 10:00 a.m. and 9:00 p.m. Monday through Friday and 10:00 a.m. and 5:00 p.m. on Saturdays. No soliciting is permitted on Sundays and federal/state legal holidays.
Transient sales requirements:
Transient vendors shall provide the Township with the written authority of the property owner where transient sales are intended to take place that the transient vendor is authorized to operate from such location.
Transient sales shall start no earlier than 7:30 a.m. and end no later than 9:30 p.m.
Transient sales permits shall be valid for no longer than 10 days, unless otherwise approved by the Township Manager.
If a transient vendor operates on Township property or within the public right-of-way, the transient vendor shall provide the Township with a certificate of insurance complying with the Township's standards for such certificates at the time of application for a permit pursuant to this section. The certificate of insurance must list the Township and/or other applicable public agencies as additional insured(s).
Transient vendors who erect a tent shall meet the following requirements:
Such tents shall meet all requirements for tent installations in accordance with Section 2403 of the International Fire Code, as amended.
Such tents shall bear a tag which verifies the fire rating of the tent material.
The tent stakes of all such tents shall have protective caps installed.
Any and all holes dug or otherwise used for tent stakes for such tents must be filled in and surface returned to original condition.
Any and all tents and other temporary or permanent structures used for transient sales shall:
Be installed to withstand wind, rain and snow loads in accordance with the standards set forth in the International Fire Code.
Have minimum number of fire extinguishers provided in accordance with the International Fire Code.
Have egress pathways provided in accordance with the International Building Code and International Fire Code.
Be in compliance with the accessibility requirements of the Americans with Disabilities Act of 1968, as amended.
Not have combustibles stored or located within 30 feet of the tent or other structure used for transient sales.
Have No Smoking signs posted in accordance with the International Fire Code.
Not adversely impact the parking requirements for the underlying use of the property where the transient sales take place.
Not adversely impact the parking requirements for neighboring properties near where the transient sales take place.
Tents or other temporary structures intended for transient sales shall cover not more than 900 square feet in area. No more than one tent or temporary or permanent structure used for transient sales shall be permitted per premises.
Comply in any other applicable ways with the International Fire Code and International Building Code, as amended from time to time.
Any permanent structure used for transient sales shall also be in compliance with all applicable requirements of the Township's Zoning Ordinance.
All merchandise, vehicles, storage containers, tents and other temporary structures utilized for outside transient sales shall be removed by 9:30 p.m. each night and may not be set up before 7:30 a.m. Merchandise, vehicles, storage containers, tents and other temporary structures utilized for outside transient sales may be left on site, with the approval of the Township Manager, provided that the transient vendor provides a written plan which demonstrates to the approval of the Township Manager that any such objects left on site will be secure and will not be a nuisance to the property owners of the premises or neighboring properties. The transient vendor shall obtain such approval from the Township Manager prior to leaving any such objects on site between 9:30 p.m. and 7:30 a.m.
Any and all generators used in connection with transient sales shall be shut off between the hours of 9:30 p.m. and 10:00 a.m. each day.
Transient vendors shall not remain, loiter, sleepover on, or be present on transient sales sites between the hours of 10:00 p.m. and 7:30 a.m.
Peddlers/solicitors/transient vendors shall not call out or shout to sell services or goods, nor shall they use any loudspeaker, horn, music or other device or vehicle that uses such devices.
Peddlers/solicitors/transient vendors shall not occupy by standing in person, with or without a stand, cart, or similar fixtures, upon any fixed location or along any of the alleys, sidewalks, streets or any other public rights-of-way in the Township, unless permitted to do so by the Township.
Peddlers/solicitors/transient vendors shall not park any vehicle upon or along any of the streets or sidewalks of the Township for the sole purpose of advertising, displaying and selling of merchandise.
Outside transient vendors may display two signs per tent or structure, not more than eight square feet each. The signs must be attached to the tent or structure. Sandwich board signs are prohibited, unless the transient vendor does not utilize a tent or structure. No more than one sandwich board sign, not more than 16 square feet, shall be displayed for vendors who are not utilizing a tent or structure. A plan for each sign shall be submitted to the Planning and Zoning Department with the transient vendor permit application for review and approval.
Peddling/soliciting is not permitted in Township parks. Peddling/soliciting is permitted at Township pools and certain playgrounds only on a contracted basis with the Parks and Recreation Department and as approved by the Director of Parks and Recreation.
Peddlers/solicitors/transient vendors shall not peddle/solicit on private property without permission of the property owner.
Peddlers/solicitors/transient vendors shall not cut across or walk upon any front lawn, back yard or courtyard except upon sidewalks, walkways or private driveways, if such sidewalks, walkways or driveways are provided.
It shall be unlawful for any person to peddle or solicit or attempt to peddle or solicit at a place of residence at any entrance other than the main entrance of the residence.
Peddlers/solicitors/transient vendors who are offering any food for sale or using any mobile food unit that requires a permit from the Montgomery County Health Department must provide said permit when applying for a Township permit.
Peddlers/solicitors of home improvements services who are required to comply with any state legislation must provide proof of compliance with said legislation when applying for a Township permit.
[Amended 10-21-2015 by Ord. No. 2315-15]
Peddlers and solicitors permits.
Any person or business desiring to engage in peddling/soliciting within the Township must first obtain an application from the Township's Accounting Department for a permit. All peddling/soliciting permits shall be reviewed by the Cheltenham Township Police Department before approval by the Accounting Department.
Approved permits shall be exhibited in clear view by the peddler/solicitor at all times. Permits shall not be altered. No permit may be transferred from one person to another.
A separate application shall be filed and a separate permit fee shall be paid by each person who shall actually conduct the peddling/soliciting and shall apply where an employer desires to secure permits for his employees, agents or representatives. Each person applying to engage in peddling/soliciting activities shall submit a State Police background check with his or her application.
Permit fees may be waived by the Township Manager for any person or business whose primary place of business is in the Township and who pays a business privilege and/or mercantile tax to the Township and is current on all such taxes.
All peddlers and solicitors must file and pay a business privilege and/or mercantile tax to the Township for the year(s) in which they operate in the Township. Permit fees will not be waived for persons or businesses whose primary place of business is located outside the Township.
Transient sales permits.
Transient vendors must file an application with the Township's Planning and Zoning Department for review and approval. The application shall include a State Police background check for each individual applying to engage in transient sales and all transient sales permits shall be reviewed by the Cheltenham Township Police Department before approval.
All approved transient vendor permits shall be exhibited in clear view by the transient vendor at all times. Permits shall not be altered and cannot be transferred from one transient vendor to another.
If a transient vendor desires to set up in more than one location, a permit shall be filed for each location.
Permit fees may be waived by the Township Manager for any person or business who/which applies for a transient vendor permit on a commercial property which they own or have a long-term commercial lease, provided that they pay a business privilege and/or mercantile tax to the Township and are current on all such taxes.
All transient vendors must file and pay a business privilege tax and/or mercantile tax to the Township for the year(s) in which they operate in the Township. Permit fees will not be waived for persons or businesses whose primary place of business is located outside the Township.
Any variance to the transient sales permit requirements must be approved by the Township Manager, at his or her discretion.
Fees for peddling/soliciting/transient vendor permits shall be set from time to time by separate resolution of the Cheltenham Township Board of Commissioners.
The Chief of Police, and/or his/her designee, is hereby authorized to revoke or suspend any permit issued under this chapter for any violation of any of the provisions of this chapter, or for giving false information upon any application for a permit. The Chief of Police and/or his/her designee is further authorized to refuse a permit to any person whom the Chief and/or his/her designee deems could present a threat of harm or danger to the citizens of Cheltenham Township. When a permit is revoked, no other permit shall be issued to the same applicant within one year of the date of revocation, and operation by the permit holder shall cease immediately upon revocation. In case of a suspension, operation shall cease immediately but may recommence at the end of the suspension if the term of the permit is still in effect.
[Amended 10-21-2015 by Ord. No. 2315-15]
An applicant may appeal, in writing, a decision by the Chief of Police to the Township Manager.
Any person or commercial entity who or which has violated or permitted the violation of the provisions of this chapter shall, upon conviction before a Magisterial District Judge, be subject to a penalty of not less than $200 nor more than $600, plus costs of prosecution, and, in default of payment of such fine and costs, to imprisonment not to exceed 30 days, or both such fine and imprisonment. Each day that a violation continues may be regarded as a separate offense and punishable as such.
Persons and organizations, their employees, agents and representatives who engage in door-to-door soliciting/peddling on behalf of nonprofit/exempt organizations and causes that are in compliance with the provisions set forth by the Commonwealth of Pennsylvania, Department of State, Bureau of Charitable Organizations, are exempt from the requirement to obtain a permit and to pay any fee to solicit.
All persons, organizations, their employees, agents and representatives who engage in door-to-door soliciting/peddling on behalf of nonprofit/exempt organizations and causes are required to provide proof of their nonprofit/exempt registration if requested by the Township.
All persons, organizations, their employees, agents and representatives who engage in door-to-door soliciting/peddling on behalf of nonprofit/exempt organizations and causes are required to adhere to all other provisions of this chapter.
Special exceptions to this chapter may be granted by the Township Manager for community or Township-sponsored events.
[Added 4-17-2013 by Ord. No. 2263-13]
The owner or lawful occupant of any premises within the Township desiring to have persons not enter onto his or her premises may register with the Cheltenham Township Police Department to have his or her address placed on a registry. Copies of the registry shall be distributed to peddlers, solicitors, and transient vendors who obtain valid permits from the Cheltenham Township Police Department. Peddlers, solicitors, and transient vendors are prohibited from entering onto premises listed in the registry established pursuant to this provision. Peddlers, solicitors, and transient vendors who enter onto premises listed in the registry shall be deemed to be in violation of this provision and shall be subject to the penalties provided in § 251-7. Peddlers, solicitors, and transient vendors have an affirmative obligation to obtain a copy of the registry from the Township and conform to it.