Township of Upper Chichester, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Chichester 8-1-1944 by Ord. No. 18 (Ch. 13, Part 7, of the 1987 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Amusement devices — See Ch. 159.
Business use registration — See Ch. 208.
Garage sales — See Ch. 329.
Parks and recreation — See Ch. 405.
Amusement tax — See Ch. 523, Art. I.
Transient retail merchants — See Ch. 531.
Zoning — See Ch. 600.
[Amended 8-12-1959 by Ord. No. 163]
A. 
From and after the passage of this chapter, it shall be unlawful for any person or persons, corporation or association to hold, conduct, or take part in the holding or conducting of any outdoor theatrical exhibition, menagerie, circus performance, carnival, medicine show, or the like, performances, entertainments, or exhibitions of boxing, sparring, wrestling, jugglery, marksmanship, dancing, sleight-of-hand, or other kind, including those conducted in tents or temporary buildings, or exhibitions or performances in connection with or traveling with any menagerie or circus whether a price of admission is charged or not, within the limits of the Township of Upper Chichester.
B. 
Provided, however, that the provisions of this chapter shall not prohibit any organization or company of citizens of the Township of Upper Chichester from holding or conducting lawn parties, strawberry festivals, block parties, concerts, lectures, exhibitions, circuses, and performances where the net proceeds of such entertainment, concert or exhibition shall be devoted to religious, educational, civic or charitable purposes within said Township, where a permit has first been had and obtained from the Secretary of the Board of Township Commissioners upon satisfactory evidence that the net proceeds of such entertainments, concerts, exhibition, festival, party or circus will be appropriated to a religious, educational, civic or charitable purpose in said Township. Provided further, that the provisions of this chapter shall not prohibit the holding of concerts, exhibitions, or entertainments in churches or schools for religious, educational, civic or charitable purposes.
C. 
Such outdoor exhibitions shall not continue beyond 10:00 p.m. EDT unless extended by special action of the Board of Commissioners.
[Amended 11-17-1987 by Ord. No. 456; 12-8-1988 by Ord. No. 465; 12-12-1991 by Ord. No. 507A[1]]
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000, together with the costs of prosecution, and, in default of payment of such fine and costs, shall be subject to imprisonment for a term not to exceed 30 days. Every day that a violation of this chapter continues shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Added 12-12-1991 by Ord. No. 507A; amended 5-13-1993 by Ord. No. 523]
Upon obtaining the appropriate permit noted in § 282-1, temporary structures and temporary signs may be erected in other than a residential area with regard to a political, public, educational, charitable, civic, religious or other campaign or event or the sale of transient or seasonal merchandise, i.e., Christmas trees, flowers, etc. Any structure and/or signs may be erected upon the following conditions:
A. 
Types of uses and structures. The regulations below apply to temporary uses and structures such as those listed below:
(1) 
Charity, sales, fairs, bazaars, sales of Christmas trees, flowers and activities of a similar nature (not exceeding 30 days).
(2) 
Bloodmobile, mobile blood pressure testing facilities and similar activities related to the promotion of public health.
(3) 
Headquarters for political campaigns, for a period not exceeding three months.
(4) 
Offices for contractors on the site and during the period of construction only.
(5) 
Mobile office of the Armed Forces of the United States for public education or recruitment for a period not exceeding 30 days.
B. 
Regulations.
(1) 
A temporary permit must be obtained for the construction of temporary structures related to those uses listed in Subsection A above or for any transient use. Such permit fee shall be as set by resolution of the Township from time to time.
(2) 
No permanent structure shall be constructed for the above temporary uses.
(3) 
Any temporary structure shall be removed within 10 days after the structure is no longer in use or the time limits set forth in Subsection A above expire.
(4) 
Such structure or stand shall be placed not less than 25 feet from the street right-of-way line.
(5) 
One parking space for every 200 feet of sales space, but in no case less than three spaces, shall be provided.
(6) 
Sign permits shall be obtained for any sign in connection with such temporary structure as is set forth in the Township Zoning Ordinance from time to time [currently § 600-150B(4), Temporary mobile signs, of Chapter 600, Zoning.][1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(7) 
Each applicant for a temporary permit shall produce a Pennsylvania Sales Tax License and such numbers shall be recorded on the permit.
(8) 
Each person granted a temporary permit shall deposit with the designated Township representative the sum of $100 in cash or certified check made payable to the Township which shall be held in escrow. At the conclusion of the permit or the permittee's vacation of the site, the Township representative shall inspect the site. If the site is not clean and neat as determined by the appropriate Township official, the Township shall cash the check if such a check is given or use the deposit to pay Township employees or others to clean up the area. Any funds remaining after the cleanup shall be returned to the permittee. However, a record of such situation shall be retained by the Township and may be a basis for denying a permit in the future.
C. 
Issuance of permit; custody, display and exhibit. Upon receipt of such application and the prescribed fee, the Township Secretary, or other official designated by resolution from time to time, shall, upon finding such application in order, issue the permit required under this chapter. Such permit shall contain the information required to be given on the application therefor. Every permit holder shall carry such permit upon permittee's person if engaged in transient retail business from house to house or upon any of the streets, alleys, sidewalks, or public grounds, or shall display such permit at the location where permittee shall engage in such business if doing so at a fixed location. Permittee shall exhibit such permit, upon request, to all police officers, municipal officials, and citizens or residents of the Township.
D. 
Prohibited acts. No person in any transient retail business shall:
(1) 
Sell any product or type of produce not mentioned in the permittee's permit;
(2) 
Hawk or cry the permittee's wares upon any of the streets, alleys, sidewalks, or public grounds in the Township;
(3) 
When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Township for longer than necessary in order to sell therefrom to persons residing or working in the immediate vicinity;
(4) 
Park any vehicle upon any of the streets or alleys in the Township for the purpose of sorting, rearranging, or cleaning any of permittee's goods, wares or merchandise or of disposing of any carton, wrapping material, or stock, wares or foodstuffs which have become unsalable through handling, age or otherwise;
(5) 
Engage in any business activity, except by prior appointment, at any time before 9:00 a.m. or after 10:00 p.m. on any day of the week other than Sunday or legal holiday. On Sundays or legal holidays, no business shall be transacted after sundown.
E. 
Supervision, records and reports. The Township Secretary or other official designated by resolution from time to time shall supervise the activities of all persons holding permits under this chapter. The Secretary shall keep a record of all permits issued hereunder and shall make a report thereof each month to the Township Commissioners.
F. 
Denial, suspension and revocation of license; appeal. The Township Secretary, or other official designated by resolution from time to time, is hereby authorized to deny, suspend or revoke any license issued under this chapter when the Secretary or other official designated by resolution from time to time deems such denial, suspension or revocation to be beneficial to the public health, safety, or morals, or for violation of any provision of this chapter, or for giving false information upon any application for a permit hereunder. Appeals from any suspension, revocation or denial of a permit may be made to the Township Commissioners at any time within 10 days after such suspension, revocation or denial, and a hearing shall be held within 30 days of the petition for appeal. No part of a permit fee shall be refunded to any person whose license shall have been suspended or revoked.
G. 
Exemptions. Any person exempt from a transient license by virtue of state law, shall be exempt from a transient license in the Township of Upper Chichester, i.e., farmers, discharged veterans, etc.