[HISTORY: Adopted by the Board of Commissioners of the Township of Spring Garden 1-11-2012 by Ord. No. 2012-03 Amendments noted where applicable.]
Noise — See Ch. 202.
Parks and recreation regulations — See Ch. 220.
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.
- PEDDLING (INSTANT SALES, TRAVELING)
- 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.
- SOLICITING/SOLICITATION (CONTRACTS, TRAVELING)
- 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.
- TRANSIENT RETAIL SALES (FIXED LOCATION)
- 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:
Engage in any business activity prohibited in the Township by general or special law applicable thereto.
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.
Enter upon any premises clearly marked as prohibiting solicitation, peddling, or trespassing or which has been so designated by the Township.
Fail to immediately and peacefully depart from the premises of any person, whether invited or not, when requested to do so by the occupant.
Walk across or upon any yard, lawn, or courtyard, except where no sidewalk, walkway, or driveway exists.
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.
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.
Operate a transient retail sales operation upon private property without permission of the property owner.
Park any vehicle upon or along any of the streets or sidewalks of the Township for the sole purpose of advertising.
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.
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.
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.
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.
No license or fee shall be required for the following:
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.
Any person engaged in canvassing.
Any individual or organization operating with the Township Manager’s permission in furtherance of a Township-sponsored event.
A license shall be required but no license fee for the following:
Farmers selling their own produce.
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.
A manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk and milk products.
Any insurance agent or broker licensed under the insurance laws of the Commonwealth of Pennsylvania seeking or taking orders for insurance.
Any person taking orders for merchandise from dealers or merchants, for resale to an ultimate consumer.
Any person acting duly authorized by and acting on behalf of a nonprofit and/or charitable organization.
Conduct of nonlicensed individuals.
All of the provisions of § 226-2 of this chapter apply to individuals not required to obtain a license or pay licensing fees.
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:
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.
No product or type of product not mentioned in a license shall be peddled, solicited or sold.
License holders shall carry a copy of their license at all times and furnish it upon request.
No person shall alter a license issued by the Township pursuant to this chapter.
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.
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.
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.
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.
No license issued pursuant to this chapter may be transferred.
A license shall be valid for a period of 30 days from the date of issuance.
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.
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.
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.