[HISTORY: Adopted by the Borough Council of the Borough of
West Reading 4-15-1969 by Ord.
No. 561 (Ch. XIII, Part 6, of the 1993 Code of Ordinances);
amended in its entirety 9-17-2019 by Ord. No. 1114. Subsequent amendments noted where
applicable.]
GENERAL REFERENCES
Garage and yard sales — See Ch. 243.
This chapter is intended to regulate peddling and soliciting
activities in the Borough of West Reading to ensure the public welfare
and to protect against criminal activity, including fraud and burglary;
minimize the unwelcome disturbance of citizens and the disruption
of privacy; and to otherwise preserve the public health, safety and
welfare by regulating, controlling and licensing peddlers and solicitors,
including but not limited to door-to-door peddlers, solicitors and
mobile vendors. The regulation of mobile vendors on public and private
property is necessary to promote the orderly and efficient use of
streets to prevent undue interference with established businesses
and to assure the performance of essential utility, traffic control
and emergency services. This chapter also provides a means for residents
to prohibit door-to-door sales and solicitations at their homes by
properly posting a sign indicating that solicitors are prohibited.
A.
This chapter shall not apply to canteen, coffee, or ice cream trucks
that move from place to place and are stationary in the same location
for no more than 15 minutes at a time.
B.
The provisions of this chapter shall not apply to mobile food operations
that receive a temporary event permit for a Borough of West Reading
sanctioned event.
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of West Reading.
The Code Enforcement Department of the Borough of West Reading,
or his/her designee.
The selling or offering for sale of any goods, wares or merchandise
for immediate delivery, which the person or group 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 Borough of West Reading, including the door-to-door delivery
of business advertisements that do not require direct contact with
residents.
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 person, group or for-profit corporation, upon
any of the streets or sidewalks, from house to house within the Borough
of West Reading, including the door-to-door delivery of business advertisement
that does not require direct contact with residents.
A person who sells, or intends to sell, or offers to sell
food products from a mobile vending unit.
Written authorization issued by the Borough of West Reading
to operate a mobile vendor unit on the street. The license must be
displayed prominently on each unit.
Any motorized or nonmotorized vehicle, including but not
limited to carts, stands, kiosks, any other device designed to be
portable and not permanently attached to the ground and ancillary
equipment from which food products are sold or intended to be sold
by a mobile food vendor.
Any person or group representing a government agency, charitable,
educational, religious or political organization or any association
incorporated 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 and/or exempt organization, cause, candidate
or viewpoint.
Any person who goes upon any of the streets or alleys, sidewalks
or public grounds or from house to house in the Borough of West Reading,
not having been invited by the occupant or owner thereof, carrying
or transporting goods, wares, merchandise or personal property of
any nature and offering the same for sale. The term "peddler" shall
include street vendors and transient merchants.
Any natural person, association, partnership, firm or corporation.
Any place of any nature which is legally open to public use
and used and/or intended for vehicular or pedestrian traffic, including
public streets, alleys, sidewalks, and roadways, but excluding any
public property of the Borough of West Reading.
That portion of a public right-of-way for which paving is
required under this chapter of the Codified Ordinances of the Borough
of West Reading and which is primarily used for pedestrian travel.
Any person who shall sell, offer for sale, or who shall trade,
deal or traffic any goods or services by going from house to house
or from place to place or by indiscriminately approaching individuals.
An itinerant vendor who conducts business from a vehicle
or other conveyance, or in or about a structure that is not permanently
affixed to real property and that is located upon privately owned
property and not on a public street, sidewalk, alley or public way
of the Borough.
Includes engaging in peddling, canvassing, soliciting or
taking orders, either by sample or otherwise, for any goods, wares
or merchandise, upon any of the streets, or alleys, sidewalks or public
grounds, or from house to house, within the Borough of West Reading.
Any person who either as principal or agent engages in a
temporary or transient business either in one locality or in traveling
from place to place buying or selling goods, wares, or merchandise.
A.
It shall be unlawful to engage in any transient retail business within
the Borough of West Reading without first obtaining a license from
the West Reading Codes Department.
B.
No license shall be required for the following transient retail business:
(1)
Farmers selling their own products.
(2)
The solicitor is on the property by invitation of the person residing
on such premises.
(4)
Representatives and members of Boy Scouts of America, Girl Scouts
of America, Lions, Kiwanis, American Association of Retired Persons,
Disabled American Veterans, YWCA and YMCA, Red Cross, Salvation Army
and other national and international service organizations and associations
existing for the benefit of young, aged, handicapped or stricken persons
and soliciting or selling for the purpose of self-perpetuation.
(5)
School children selling goods, wares or merchandise where the funds
or proceeds of the sale are to be applied exclusively for a function
or organization sponsored or approved by the school where such children
attend.
(7)
Persons soliciting information when such information is pursuant
to a legislative mandate such as the census, dog enumerations, and
the like.
A.
It shall be unlawful for any person or group to engage in peddling,
soliciting, transient or mobile vending sales within the Borough of
West Reading without a valid license issued by the Borough. All commercial
peddlers, solicitors, transient and mobile vendors shall, when conducting
business activities in the Borough, comply with the following rules
of conduct:
(1)
Prominently display the license at all times on the upper left shoulder
and furnish the license upon request to any person whom the commercial
peddler, solicitor and/or transient vendor is attempting to peddle
or solicit. Mobile vending units shall post its license or a copy
of the license in a conspicuous place to which the public has access
by sight.
(2)
Peddlers, solicitors and/or transient vendors 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.
(3)
Commercial peddlers, solicitors and/or transient vendors shall only
engage in peddling/soliciting within the Borough between the hours
of 9:00 a.m. and 7:00 p.m., Monday through Saturday. No door-to-door
solicitation is permitted on Sunday. Mobile vendors shall only engage
in vending activity between the hours of 8:00 a.m. and 11:00 p.m.
Monday through Sunday.
(4)
Commercial peddlers, solicitors, transient and/or mobile vendors
shall conduct business in an orderly fashion and shall not make loud
noises or use sound-amplifying devices to attract attention nor verbally
hawk or solicit product sales to pedestrians or motorists.
(5)
Commercial peddling, soliciting, transient and/or mobile vending
is not permitted in Borough parks and/or playgrounds unless activity/business
is tied to a Borough of West Reading sanctioned event.
(6)
Commercial peddlers, solicitors, transient and/or mobile vendors
shall not peddle or solicit on private property without permission
of the property owner.
(7)
Commercial peddlers, solicitors and/or transient vendors shall not
cut across or walk upon any front lawn, back yard, or courtyard.
(8)
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.
(9)
Commercial peddlers, solicitors and/or transient vendors who are
offering any food for sale or using any mobile food unit that requires
a mobile food facility license from the Pennsylvania Department of
Agriculture must provide said license when applying for a Borough
license.
(10)
Commercial peddlers or 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 Borough
license.
(11)
Mobile vendors are required to keep all areas within 20 feet
of the mobile vending unit clean of grease, trash, paper, wrappers,
bottles, cans or other refuse. Additionally, a mobile vendor shall
provide a refuse container for all customers to deposit their refuse,
which shall be removed by the mobile vendor at the close of each vendor's
business day. Under no circumstances shall a mobile vendor use a container
or receptacle provided for the use of the general public.
(12)
Mobile vending units shall be maintained in a safe, clean and
sanitary condition at all times. Mobile vending units licensed hereunder
to sell food products shall be subject to inspection at any time by
the Bureau of Food Safety.
(13)
Vending shall not occur on the median strip of a divided roadway.
(14)
Vending shall not occur within 25 feet of any fire hydrant or
fire escape.
(15)
Mobile vendors may not operate on any public space, within 20
feet of any loading zone, bus stop, intersection or pedestrian crosswalk.
(16)
Mobile vendors may not operate on any sidewalk having a width
of less than 50 feet. At all times, a walking area between the mobile
vending unit and the curb must be maintained by running parallel to
the sidewalk, be straight, and be a minimum of four feet wide to ensure
the safety of pedestrians.
(17)
Mobile vendors may not operate in any area within 25 feet of
a building entrance or exit to any restaurant or food establishment
serving similar food products without obtaining written permission
from the business owner(s).
(18)
Mobile vending units shall be removed from the vending location
on a daily basis. Unattended mobile vending units are prohibited and
shall be considered a public safety hazard.
(19)
No mobile vendor shall be permitted in residential districts.
(20)
Mobile vendors shall only be permitted to sell goods that can
be contained on, in or under their vehicle or vending unit. The vehicle
or vending unit shall be capable of mobility at all times. The size
of the vending unit shall not be larger than 11 feet high, 24 feet
long and eight feet wide.
(21)
No mobile food vendor shall sell or offer for sale any food
or nonfood products and services in a manner that would substantially
obstruct a public right-of-way, impair the movement of pedestrians
or vehicles, or pose a hazard to public safety.
(22)
All mobile vendors shall position themselves at least 50 feet
from another mobile vendor and shall locate the mobile vending unit
at the curb in such a way as to cause a line which forms along the
curb.
(23)
No mobile vendor shall provide or allow any dining area, including
but not limited to tables, chairs, booths, bar stools, benches, and
standup counters.
(24)
The Borough reserves the right to temporarily move a mobile
food vendor to a nearby location if the approved location needs to
be used for emergency purposes, snow removal, construction, or other
public benefit or if the location is required for a Borough of West
Reading sanctioned event.
(25)
No more than two mobile vendors may operate in the same block.
The exception to this provision is during special events permitted
by the West Reading Community Revitalization Foundation and those
areas designated as locations for multiple mobile food vendors.
(26)
Mobile vendor units are not considered a primary use or accessory
use and shall not park or conduct transient retail business on nonresidential
property.
(27)
All vendors shall comply with all applicable PA Department of
Agriculture regulations regarding smoke and odor control, and all
food safety rules and regulations.
B.
A copy of the foregoing rules shall be provided to each person or
group upon the issuance of any license.
Every person subject to the provisions of this chapter shall
file, in person, with the Codes Enforcement Department an application,
in writing, on a form furnished by that office, at least five business
days in advance of the beginning of soliciting or peddling activities
in the Borough, which shall provide the following information:
A.
Legal name, proof of age, and address of the applicant. (P.O. Boxes
will not be a permitted address), and photo identification of the
applicant, to be provided through the applicant's driver's
license, or other legally recognized form of identification, along
with proof of a minimum five-year clean criminal background. A satisfactory
criminal background check shall be a background check that discloses
that neither the applicant nor those conducting door-to-door sales
is under probation or parole supervision from any jurisdiction or
out on bail on a misdemeanor or felony, or has ever been determined
to be an offender or sexually violent predator required to register
under 42 Pa.C.S.A. § 9799.1 (popularly known as "Megan's
Law").[1]
[1]
Editor's Note: The provisions of 42 Pa.C.S.A. § 9799.1
expired 12-20-2012.
B.
A brief description of the nature, character and quality of goods
to be sold and business or activity to be conducted as well as the
requested location where it will be conducted.
C.
A listing of all vehicles to be used in the peddling or soliciting
activities, including a description of the vehicle together with the
proof of valid motor vehicle registration number, insurance, the license
plate number and valid driver's license.
D.
If employed, the name, address and telephone number of the employer,
or if acting as an agent, the name, address and telephone number of
the principal who is being represented, with credentials in written
form establishing the relationship and the authority of the employee
or agent to act for the employer or principal as the case may be.
E.
Proof of possession of any license or permit which the applicant
is required to have under federal, state, county or local law in order
to conduct the proposed business.
F.
Demonstration of current employment status to represent the company.
G.
Photographs, specifications and dimensions of the proposed mobile
vendor unit to be used in sufficient detail showing compliance with
state and local health and sanitation requirements on such matters
as refrigeration, cooking, utensils and appliances, materials and
food storage. A health permit must be obtained by all vendors selling
food before operation of sales begins. A copy of the food vendors
license issued by the Pennsylvania Department of Agriculture allowing
for the use of on-unit heating, cooking, water, electrical or cooling
devices, if applicable. Utility connections to neighboring properties
shall be prohibited.
H.
Mobile vendors shall provide a certificate of insurance providing
general liability insurance of not less than $1,000,000 per occurrence,
listing the Borough as additionally insured. The owner shall indemnify
the Borough of West Reading against any and all such claims, losses,
injuries or damages to person or property, including attorney's
fees and court costs, whether incurred as a result of the negligence
of the Borough, the owner or their employees, agents.
A.
Upon receipt of an application, the Code Enforcement Department shall
review the application and forward same to the Chief of Police. The
application will be reviewed so as to ensure the protection of the
public health, safety and general welfare of the public.
B.
A license issued pursuant to this chapter is not transferable to
any other person or entity. Further, any license that is specifically
issued to a particular vehicle, pushcart or other unit is not transferable
to any other vehicle, pushcart or other unit.
C.
The Chief of Police or Borough of West Reading Code Enforcement Department
is hereby authorized, in the interests of the public welfare, to limit
the issuance of the number of permits for peddling or soliciting in
any particular place(s) and to designate the specific locations for
vendor activity in any public place(s).
Upon review of the application, the Code Enforcement Department
may refuse to issue a license to the applicant for any of the following
reasons:
A.
If the application is incomplete.
B.
If the information provides a reasonable basis for determining that
the public health, safety and welfare will be threatened by issuance
of a license to the applicant.
C.
If there are misrepresentations in the application, or if any fraud
or deceit is identified within the application, or if fraud or deception
has been identified in the practices of the applicant, organization
or agent thereof.
D.
Failure to comply with any law concerning soliciting, peddling or
consumer sales of the General Business Law of the Commonwealth of
Pennsylvania.
E.
Sale or offering for sale of illegal merchandise.
F.
The applicant has within the past five years held or had an interest
in a mobile vendor license that has been revoked.
The application shall be accompanied by a fee in the required
amount as established by resolution from time to time by the Council
of the Borough of West Reading and no license hereunder shall be issued
until such fee(s) has been paid by the applicant. A separate license
fee shall be paid for each person engaged in a transient retail business.
A.
Upon receipt of such application, the Borough of West Reading Code
Enforcement Department shall issue a license identification badge.
Such license identification badge shall contain the name of the licensee,
the name of the individual engaged in a transient retail activity
in those instances where the licensee serves as a sponsor, a photograph
of the individual engaged in a transient retail business activity,
the license number and date of expiration, the goods or merchandise
to be solicited, together with an identification of any limitation
of area within the Borough authorized for the licensed transient retail
business.
B.
A license identification badge shall be worn by the licensee and,
except when authorized as a special event, all persons engaged in
a transient retail business for whom the licensee serves as a sponsor
in such a way as to be conspicuous at all times while the licensee
is engaged in a transient retail business from house to house or upon
any of the streets, alleys, sidewalks or public grounds.
C.
A licensee shall display such identification badge or other certificate
issued by the Borough at a location where he/she shall engage in such
business if doing so from a fixed location. He/she shall exhibit such
certificate, upon request, to all police officers, Borough officials
and citizens and residents of the Borough.
Any code enforcement officer, police officer or the Borough
Manager is hereby authorized to revoke or suspend any license issued
under this chapter for any violation of the provisions of this chapter,
or for giving false information upon any application for a license.
No part of a license fee shall be refunded to any person whose license
shall have been suspended for the following reasons:
A.
It shall be unlawful for any person while either peddling or soliciting
to knock, ring the doorbell, or otherwise attempt to gain the attention
of the occupant(s) of a residence in the Borough where the owner,
occupant, or person legally in charge of the premises has posted at
the primary entrance to the premises, or at the entry to the principal
building on the premises, a sign bearing the words "No Peddling,"
and/or "No Solicitors," or words of similar import, and may be prosecuted
for trespassing.
B.
It shall be unlawful for any person to engage in peddling or soliciting
in an aggressive manner. As used in the section, "aggressive manner"
means either approaching a person present at the residence or continuing
the peddling or soliciting activity after the person has made a negative
response, whether before or after being invited into the residence,
in a manner that:
(1)
Is likely to cause a reasonable person to fear imminent bodily harm
or the commission of a criminal act upon property in a person's
possession or in or about the residence; or
(2)
Is intended to or is likely to intimidate the person into responding
affirmatively to the peddling or soliciting activity; or
(3)
To refuse to display a permit to the person being solicited; or
(4)
To refuse to leave premises upon being told to do so by the owner,
tenant, occupant or person in control of the property; or
(5)
In violation of a sign properly posted on said property that prohibits
solicitations.
C.
Misrepresent the purpose of the solicitation.
D.
Represent the issuance of a license under this chapter as an endorsement
or recommendation of the Borough of West Reading.
E.
Fail or refuse to display such license identification badge upon
the request of any person demanding the same.
F.
Duplicate, copy or otherwise display a facsimile of a license badge
issued pursuant to this chapter.
G.
Engage in any activity that interferes with the safe and convenient
movement of persons and vehicles, creates any hazardous condition
or is detrimental to the public health safety or general welfare.
H.
Where the license holder has knowingly made a false, misleading or
fraudulent statement of material fact in the application for license.
I.
Where the practice of fraud, deceit, misrepresentation or furnishing
false information in the course of carrying on the licensed business.
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys' fees incurred
by the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this chapter in equity in the Court of Common
Pleas of Berks County.
