[HISTORY: Adopted by the Board of Commissioners of the Township
of Spring Garden 1-11-2012 by Ord.
No. 2012-03[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch. 226, Peddling and Soliciting, Art. I, Transient Retail
Business, adopted 12-31-1994 by Ord. No. 45, as amended, and Art.
II, Soliciting Business or Contributions, adopted 11-9-1983 by Ord.
No. 159, as amended.
Whenever used in the following sections of this chapter, the
following words shall be as herein defined, unless a different meaning
clearly appears from the context:
The Board of Commissioners of Spring Garden Township, York
County, Pennsylvania.
The house-to-house sharing of information about, or the seeking
of support for, any charitable, educational, political, or religious
cause, candidate, or viewpoint, without solicitation.
Includes, but is not limited to, alms, food, clothing, money,
subscription, property, or other donations.
Any person engaged in peddling or soliciting, as herein defined.
The words “peddler” and “solicitor” shall
be synonymous with the terms “vendor,” “hawker,”
“salesperson,” or other such term describing or conveying
the same meaning as those activities here identified.
The selling or offering for sale of any goods, wares, services,
or merchandise for immediate delivery, either by sample or otherwise,
upon any streets or sidewalks, from house to house, or by entering
in or upon private property within the Township.
The seeking or taking of contracts or orders for any goods,
wares, services, or merchandise for future delivery or performance,
either by sample or otherwise, upon any streets or sidewalks, from
house to house, or by entering in or upon private property within
the Township.
Spring Garden Township, York County, Pennsylvania.
Offering for sale or taking orders for any goods, wares,
services, or merchandise, either by sample or otherwise, from a fixed
location within the Township for a defined period (i.e., Monday through
Friday), including, but not limited to, such activities conducted
at the time of special occasions or celebrations, for seasonal purposes,
or for or in advance of specific yearly holidays.
No person engaged in canvassing, peddling, soliciting, or transient
retail sales within the Township, whether required to obtain a license
or not, shall:
A.
Engage
in any business activity prohibited in the Township by general or
special law applicable thereto.
B.
Engage
in any house-to-house activity, except by prior appointment, earlier
than 8:00 a.m. or later than 8:00 p.m. on any day, or at any time
on a Sunday or legal holiday.
C.
Enter upon
any premises clearly marked as prohibiting solicitation, peddling,
or trespassing or which has been so designated by the Township.
D.
Fail to
immediately and peacefully depart from the premises of any person,
whether invited or not, when requested to do so by the occupant.
E.
Walk across
or upon any yard, lawn, or courtyard, except where no sidewalk, walkway,
or driveway exists.
F.
Hawk or
cry goods, wares, services, or merchandise he/she proposes to sell
upon any street, alley, sidewalk, or public place in the Township,
or use any sound device, including loudspeakers or other sound-amplification
devices, where the sound emitted is of sufficient volume to be plainly
heard upon any street, alley, sidewalk, or public place within the
Township.
G.
Operate
in a manner that impedes traffic, creates inconvenience for the public,
or in any way jeopardizes the safety or welfare of the public and/or
persons engaging in such activity regulated by this chapter, upon
any street, alley, sidewalk, or public place within the Township.
H.
Operate
a transient retail sales operation upon private property without permission
of the property owner.
I.
Park any
vehicle upon or along any of the streets or sidewalks of the Township
for the sole purpose of advertising.
A.
No person shall engage in peddling, soliciting, or transient retail sales within the Township without having first obtained a license from the Township office, unless exempt from such license under § 226-5, provided that, where a charitable, educational, religious, or political organization seeks to operate a transient retail sales business, a licensed adult must be present and responsible for the operation. No license is required for minors or other adults working in furtherance of such operation.
A.
All persons
requiring a license for peddling, soliciting, or operating a transient
retail sales business shall file in the Township office an application
on forms provided by the Township. If such person shall also be required
to obtain a license from any state or county officer, he shall, when
making such application, exhibit a valid license from such state or
county officer. The applicant shall provide complete and truthful
descriptions for all requested information, or provide a detailed
statement of the reasons why such information cannot be furnished.
The application will be sent to the Police Department, which may require
such additional information as the Chief of Police deems appropriate.
B.
The Chief
of Police or the Township Manager may deny a license if the application
is not complete, fails to comply with the requirements set forth in
this chapter, if the application contains a known material misrepresentation,
or if the granting of the license would create a threat of harm or
danger to the citizens of the Township. The Township Manager shall
provide written notice within two working days from the date of application
whether the license has been granted or denied. If the license is
denied, the notice shall include a brief statement of the facts upon
which the denial is based.
C.
Appeals
from any denial may be made in writing to the Board of Commissioners
no later than 10 calendar days from the issuance of the denial. Upon
receiving an appeal, the Board shall set a hearing date no later than
20 days from the date it received such appeal, at which time the license
holder and any other interested person shall have the right to present
his or her argument and any evidence associated therewith. The hearing
will be used to determine whether the license denial should be upheld
or overturned. The Board shall provide written notice of its decision
within five days of the hearing and also include a copy of the decision
with the original application.
A.
No license
or fee shall be required for the following:
(1)
Any
person individually, or representing a charitable, educational, religious,
or political organization, operating house to house for the purpose
of soliciting membership, money, and/or property, or peddling wares,
where such solicitation or peddling is incidental to a request for
support of a cause, candidate, or viewpoint.
(2)
Any
person engaged in canvassing.
(3)
Any
individual or organization operating with the Township Manager’s
permission in furtherance of a Township-sponsored event.
B.
A license
shall be required but no license fee for the following:
(1)
Farmers
selling their own produce.
(2)
The
sale of goods, wares, or merchandise donated by the owners thereof,
the proceeds whereof are to be applied to any charitable or philanthropic
purpose.
(3)
A manufacturer
or producer in the sale of bread and bakery products, meat and meat
products, or milk and milk products.
(4)
Any
insurance agent or broker licensed under the insurance laws of the
Commonwealth of Pennsylvania seeking or taking orders for insurance.
(5)
Any
person taking orders for merchandise from dealers or merchants, for
resale to an ultimate consumer.
(6)
Any
person acting duly authorized by and acting on behalf of a nonprofit
and/or charitable organization.
C.
Conduct
of nonlicensed individuals.
(1)
All of the provisions of § 226-2 of this chapter apply to individuals not required to obtain a license or pay licensing fees.
(2)
All
persons, organizations, their employees, agents, and representatives,
who engage in house-to-house soliciting or peddling on behalf of an
exempt organization or cause are required to provide identification
and an explanation of their purpose if requested by the Township or
any person.
While operating pursuant to a license granted for peddling,
soliciting, or transient retail sales, the following conditions apply:
A.
If, while
any application is pending, or during the term of any license granted
thereon, there is any change of fact, policy, or method that would
alter the information given, the applicant shall notify the Township
office in writing within one business day after such change.
B.
No product
or type of product not mentioned in a license shall be peddled, solicited
or sold.
C.
License
holders shall carry a copy of their license at all times and furnish
it upon request.
D.
No person
shall alter a license issued by the Township pursuant to this chapter.
E.
No license
holder shall represent that the license issued by the Township constitutes
an endorsement or approval of the purposes for such solicitation or
peddling by the Township.
F.
When operating
from a vehicle, a license holder shall not stop or park such vehicle
upon any of the streets or alleys in the Township for longer than
necessary in order to peddle, solicit, or sell therefrom to persons
residing in the immediate vicinity.
G.
A license
holder shall not park any vehicle upon any of the streets or alleys
in the Township for the purpose of sorting, rearranging, or cleaning
any of his goods, wares, or merchandise or of disposing of any carton,
wrapping material, or of any stock or wares or foodstuffs which have
become unsalable through handling, age, or otherwise.
H.
It is the
duty of all licensed peddlers and solicitors to examine the list of
persons who do not wish to be subjected to peddling or soliciting
maintained by the Township. Where the list indicates that the peddler
or solicitor is not invited, he shall not attempt to peddle or solicit
at those premises.
I.
No license
issued pursuant to this chapter may be transferred.
J.
A license
shall be valid for a period of 30 days from the date of issuance.
A.
The Chief
of Police or the Township Manager may suspend any license issued under
this chapter for any violation of the provisions of this chapter or
where a license holder has materially misrepresented any part of his/her
application. The Chief of Police may also suspend any license issued
under this chapter where the Chief deems the licensed person to present
a threat of harm or danger to the citizens of the Township. Within
two business days of the suspension, the Township Manager shall give
written notice to the license holder, including a brief statement
of the facts upon which the suspension is based.
B.
Appeals
from any suspension may be made in writing to the Board of Commissioners
no later than 10 calendar days from the issuance of the suspension.
Upon receiving an appeal, the Board shall set a hearing date no later
than 20 days from the date it received such appeal, at which time
the license holder and any other interested persons shall have the
right to present their argument and any evidence associated therewith.
The hearing will be used to determine whether the license should be
revoked or reinstated. The Board shall provide written notice of its
decision within five days of the hearing and also include a copy of
the decision with the original application and license. The effective
date of the revocation or reinstatement shall be the date of said
notice.
C.
No part
of a license fee shall be refunded to any person whose license shall
have been suspended or revoked.
Any person who violates any of the provisions of this chapter
shall, upon conviction thereof, be sentenced to pay a fine of not
more than $300, and costs of prosecution, and, in default of payment
of such fines and costs, to imprisonment for not more than 30 days,
provided that each violation of any provision of this chapter, and
each day the same is continued, shall be deemed a separate offense.
