[HISTORY: Adopted by the Board of Supervisors of the Township of Lower Gwynedd 8-28-2012 by Ord. No. 487. Amendments noted where applicable.]
Power to regulate transient retail merchants — See 2nd Class Secs. 702-XXXIX, 1801, 1802
Restrictions on licensing — See 2nd Class Secs. 1811 et seq.
Fees — See Section 208.01(c).
Editor's Note: This ordinance also repealed former Ch. 850, Peddlers and Canvassers, passed 10-21-1958 by Ord. No. 31, and provided an effective date of 1-1-2012.
As used in this chapter, the following terms shall have the meanings indicated:
- Any person 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 in traveling or has in his possession or control upon any of the streets or sidewalks, from house to house or from a fixed location within the Township 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, including the door-to-door delivery of business advertisements that do not require direct contact with residents.
- TRANSIENT SALES (INSIDE AND OUTSIDE)
- Inside transient sales shall consist of selling, offering for sale or taking orders for sale inside any mall or other commercial establishment within the Township's borders. Outside transient sales shall consist of peddling, soliciting, selling, offering for sale or taking orders for sale at any outdoor place, on a seasonal/temporary basis, within the limits of private property with the 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 Part Twelve (Planning and Zoning Code), Title Six (Zoning).
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.
It is unlawful for any person(s) to engage in peddling, soliciting or transient sales within the Township without a valid permit issued by the Township, except if said person(s) represents an exempt organization. All peddlers/solicitors/transient vendors shall, when conducting business activities in the Township, comply with the following rules of conduct:
Carry official identification such as a driver's license at all times and furnish it upon request of any person to whom the peddler/solicitor is attempting to peddle.
Peddlers/solicitors shall not enter or attempt to enter any dwelling house or place of business without 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 9:00 a.m. and 9:00 p.m. Monday through Friday and 9:00 a.m. and 5:00 p.m. on Saturdays. No soliciting is permitted on Sundays and federal/state legal holidays.
Peddlers/solicitors/transient vendors shall not call out or shout to sell services or goods, nor shall the peddler 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 right-of-way in 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 purpose of advertising, displaying and selling of merchandise.
Peddling/soliciting is permitted at Township parks and playgrounds only on a contracted basis with the Township.
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 lawn, front yard or courtyard except upon sidewalks, walkways or driveways, if such sidewalks, walkways or driveways are provided.
It shall be unlawful for any person to peddle, solicit or conduct transient sales or attempt to peddle, solicit or conduct transient sales 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 license from the Montgomery County Health Department, must provide said license when applying for a Township permit.
Peddlers/solicitors of home improvement services who are required to comply with any state legislation must provide proof of compliance with said legislation when applying for a Township permit.
Any person or business desiring to engage in peddling/soliciting within the Township must first obtain an application from the Police Department. Upon completion of the application, the Police Department may require such additional information as the Chief of Police deems appropriate, including but not limited to, fingerprinting, photograph, prior criminal record, name of employer and the type of peddling/soliciting being made to the public.
All peddling/soliciting/transient vendor permits shall be issued by the Police Department and shall be exhibited in clear view by the peddler/solicitor at all times. Permits shall not be altered. No permit can be transferable from one person to another, and there may be a five- to seven-business-day waiting period between application and issuance of a permit.
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.
Permit fees may be waived for any person or business whose primary place of business is in the Township and pays a business privilege and/or mercantile tax to the Township.
Fees for peddling/soliciting/transient vendor permits shall be set, from time to time, by separate resolution of the Lower Gwynedd Township Board of Supervisors.
The Chief of Police 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 is further authorized to refuse a permit to any person whom the Chief deems could present a threat of harm or danger to the citizens of Lower Gwynedd Township. When a permit is revoked, no other permit shall be issued to the same applicant within one year of the date of revocation.
An applicant may appeal, in writing, a decision by the Chief of Police to the Township Manager.
Any person or commercial entity that 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 exemptions to this chapter may be granted by the Township Manager for community or Township-sponsored events.