[HISTORY: Adopted by the Board of Supervisors of the Township
of Harris as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-12-1979 by Ord. No. 84]
[Amended 7-11-2022 by Ord. No. 354]
This article shall be known as the "Transient Retail Merchants,
Solicitors and Peddlers Ordinance."
The purpose of this article is to provide protection of the
citizens and residents of the Township from unreliable "fly-by-night"
operators, and from individuals or organizations who temporarily come
into the Township or who live in the Township or have a permanent
business address in the Township, but set up temporary places of doing
business, or who solicit sales or contributions. The intent of this
article is to require registration of all such peddlers, solicitors
and transient retail merchants so that if any fraud or improper practice
occurs, the identity of the person will be available; and further
to establish certain regulations governing the conduct of solicitors,
peddlers, and transient retail merchants while engaged in activities
in the Township.
[Amended 4-11-2016 by Ord. No. 324]
A.
PEDDLER
PEDDLING
SOLICITING
SOLICITOR
TRANSIENT RETAIL BUSINESS
TRANSIENT RETAIL MERCHANT
As used in this article, the following terms shall have the meanings
indicated:
Any person who shall engage in peddling as herein defined.
The selling or offering for sale of any goods, wares, services
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,
by visitation to private residences, 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 present or future delivery or for
subscriptions or contributions, upon any of the streets or sidewalks
or from house to house. "Soliciting" shall also include requesting,
asking for or collecting contributions or donations upon any of the
streets or sidewalks or while on private property from persons on
any streets or sidewalks, or by going from house to house.
Any person who shall engage in soliciting as herein defined.
Any business engaged in selling goods, wares, merchandise
or services of any nature directly to consumers of the goods, wares,
merchandise or services, and which is not conducted at a permanent
address for the conduct of the business within the Township; and which
is only temporarily offering its goods, wares, merchandise or services
to consumers at the temporary location or locations. Transient retail
businesses shall include, but shall not be limited to, such activities
conducted at the time of special occasions or celebrations, for seasonal
purposes or at special events. Flea markets are specifically included
as a transient retail business.
[Amended 7-11-2022 by Ord. No. 354]
Any person, firm, corporation or organization, whether residing
or having a permanent address in the Township or not, and whether
principal or agent, entering into, beginning, repeating or continuing
a transient retail business for the sale of any goods, wares, merchandise,
or services of any nature whatsoever, and who temporarily hires, leases,
occupies or uses any room, apartment, store, shop, building, railway
car, or other place, structure or vehicle for the exhibition and sale
of such goods, wares, or merchandise or who engages in soliciting
as defined above.
B.
The words "peddler," "peddling," "solicitor," "soliciting," or "transient
retail merchant" shall not mean nor apply to:
(1)
Farmers or gardeners selling or taking orders for their own produce
or products.
(2)
The sale of goods, wares and merchandise donated by the owners thereof,
the proceeds which are to be derived therefrom to be applied to any
charitable or philanthropic purpose.
(3)
Any manufacturer or producer in the sale of bread or bakery products,
meat or meat products or milk and milk products, not including ice
cream or other frozen desserts.
(4)
Organizations which solicit only within the membership of the organization
by the members thereof. The term "membership" shall not include those
persons who are granted membership upon making a contribution as the
result of solicitations.
(5)
A local post, camp, chapter or similarly designated element or a
county unit of such elements of a bona fide veterans organization
or emergency service provider, provided all of its fund-raising activities
are carried on by members of such local post, chapter or element.
[Amended 7-11-2022 by Ord. No. 354]
(6)
Any person, firm, partnership or corporation or the agent or employee
of any such person or entity who is a duly licensed real estate, insurance
or security broker or salesman authorized to engage in such activities
by the laws, statutes, rules and regulations of the Commonwealth of
Pennsylvania.
(7)
Any person or entity taking orders from or selling merchandise to
dealers or merchants for resale to consumers in the ordinary course
of business.
(8)
Any person or entity taking orders from or selling to commercial
farmers or other persons or entities engaged in commercial farming
or industry for products, supplies or equipment to be used in such
business or industry.
(9)
To children under the age of 18 years who take orders for and deliver
newspapers, greeting cards, candy, bakery products and the like, or
who represent the Boy Scouts or Girl Scouts or similar nonprofit organizations,
the proceeds of which are provided to such nonprofit organizations.
[Amended 7-11-2022 by Ord. No. 354]
[Amended 7-11-2022 by Ord. No. 354]
No person, firm or organization shall engage in soliciting,
peddling or in a transient retail business in the Township of Harris
without first having made application for and taken out a license
as herein provided. Transient retail businesses that propose to operate
at multiple locations at the same time and/or to operate from multiple
buildings, structures, vehicles or other places of sale at the same
location within the Township shall be required to obtain one license
for each building, structure, vehicle or other place of sale.
[Amended 7-11-2022 by Ord. No. 354]
Any person desiring to engage in soliciting, peddling or in
a transient retail business in the Township shall first make application
to the Township Manager for a license five business days prior to
commencing said activity, which shall be furnished upon forms provided
by the Township and shall include the following information:
A.
Full name of the applicant.
B.
Local address.
C.
Permanent address and residence.
D.
Date of birth and place of birth.
E.
Social Security number.
F.
Vehicle operators' registration number and state in which issued.
G.
The nature of activities he intends to engage in.
H.
The specific identification of goods, wares or merchandise in which
he deals.
I.
The nature of the applicant's employment, including the name, address
and residence of the applicant's employer, if he is not self-employed.
J.
A statement setting forth whether or not the applicant has applied
for a permit as a solicitor, peddler, or transient retail merchant
during the previous year in the following municipalities of Centre
County: Ferguson, Half Moon, Patton or College Townships or State
College Borough. If such a permit has been applied for, applicant
shall further state in which municipality it was last applied for,
and the date of the said application.
K.
The type and identity or vehicle to be used by the applicant, if
any, and license number and vehicle registration number.
L.
A statement as to whether the applicant has been convicted of any
crime, and if the answer is in the affirmative, the nature of the
offense or offenses and the punishment imposed thereon.
M.
The applicant shall provide a copy of an official proof of identity
that includes a photograph. Acceptable proofs of identity include
a driver's license or a state-issued identification card. If the applicant
has no proof of identification with a photograph thereon, the applicant
shall submit to photographing and fingerprinting by State College
Police or the Pennsylvania State Police.
N.
The applicant, in addition to any other requirement, and whether
or not the applicant has produced identification documents with a
photograph thereon, shall, if requested by the Township Manager, submit
to background check by the Pennsylvania State Police prior to the
issuance of a permit.
O.
In the event that the applicant is a transient retail merchant operating
out of a fixed location or locations, if known, the application shall
also set forth the location or intended location of such transient
retail merchant's place or places of business within the Township.
P.
In the event an applicant for a transient retail business is to hire, engage or be aided and assisted by any other persons, whether as employees or helpers, the names, addresses and a copy of an official proof of identity that includes a photograph, as defined in Subsection M above, shall be submitted with the application.
Q.
In the event the applicant is to hire, engage or be aided and assisted by any other persons, whether as employees or helpers, all applicable personal information specified in Subsections A through O of this section shall be given for each helper or employee and verified or affirmed by such employee or helper. Individual licenses shall be required for each employee or helper.
No license issued under this article shall be transferable from
one person to another.
Licenses shall be issued under this article upon payment to
the Township of a fee in an amount as established from time to time
by resolution of the Board of Supervisors.
[Amended 7-11-2022 by Ord. No. 354]
The Township Manager may exempt from payment of the license
fee, but not from registering, persons working without compensation
and selling or taking orders for goods, wares or merchandise for the
sole benefit of any nonprofit corporation. In case of any person desiring
to engage in a transient retail business or solicitation by working
without compensation for the sole benefit of a nonprofit corporation,
such person may make written application to the Township Manager,
providing written documentation of the nonprofit corporation benefiting
and setting forth the names and addresses of all persons who shall
be so engaged in a transient retail business or solicitation with
him or her. If such application shall be approved, a license may be
granted by the Township Manager (or his or her delegate) without fee,
which authorization shall be valid on the day or days designated under
the terms of this authorization as granted.
The Township Manager is hereby authorized to receive applications
and to issue licenses pursuant to the provisions of this article;
provided, however, that when any transient retail merchant is required
to be licensed by the County of Centre, the Commonwealth of Pennsylvania
or the United States of America for the purpose of engaging in activities
set forth in any application, if any permit be required to engage
in such activities or to transport such goods, wares or merchandise,
or if any goods, wares or merchandise require inspection approval
prior to sale by any governmental body or agency, no license shall
be issued until such other license, permit or proof of inspection
approval shall first be furnished by the applicant.
[Amended 7-11-2022 by Ord. No. 354]
Licenses shall be granted for the following terms: one day,
one calendar month, or 12 calendar months. The term shall run after
the date the license is issued by the Township. The twelve-calendar-months
license may be renewed.
[Added 7-11-2022 by Ord. No. 354]
The twelve-calendar-months license may be renewed by the applicant.
The applicant shall review the initial application and shall supply,
in writing, a confirmation to the Township Manager that the information
provided on the application has not changed. If any information has
changed, the applicant must submit a new application to the Township.
Every solicitor, peddler and transient retail merchant shall,
at all times when engaged in such activities in the Township, carry
such a license upon his person and exhibit it upon request to all
citizens with whom the licensee deals, all policy officers and all
Township officials.
[Amended 7-11-2022 by Ord. No. 354]
No solicitor, peddler or transient retail merchant shall engage
in the selling, peddling or solicitation for sale of any product or
service not set forth in the application and included on such license.
In addition, the following regulations shall apply to all persons:
A.
A solicitor shall not be permitted to make or cause to be made any
loud noise to attract attention or for any other purpose. Prohibited
noises may include but shall not be limited to shouting, the use of
loudspeakers, horns, drums, etc.
B.
No person shall park any vehicle upon the streets and ways of the
Township for the purpose of sorting, rearranging or cleaning any goods,
wares or merchandise, nor shall such person park upon such streets
or ways for the purpose of keeping or maintaining a street or curbstone
marketplace.
C.
Soliciting and peddling shall be permitted between the hours of 9:00
a.m. and 8:00 p.m.
D.
No soliciting
or peddling shall be conducted on Sundays.
E.
No soliciting
or peddling shall be conducted during federal legal holidays.
F.
A license
only allows access to entrance points to all private property. Property
owners shall remain in complete control of internal access to their
properties.
The Township Manager may, upon proof furnished to him: that
the licensee supplied false information on license application; was
convicted of a crime involving moral turpitude after issuance of license;
that the licensee was convicted of disorderly conduct while engaged
in licensed activities after license has been issued; or that the
licensee failed to comply with this article in any manner, may suspend
or revoke any license issued hereunder.
Any person who shall falsify, intentionally omit or otherwise
furnish information intended to mislead the Township in making application
for any license required herein, or who shall violate any other provision
of this article, shall, upon conviction in a summary proceeding in
any court of record or not of record having jurisdiction in such proceedings
brought before a Magisterial District Judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000 plus costs and, in default of payment of said fines and
costs, to a term of imprisonment not to exceed 90 days. Each day that
a violation of this article continues or each section of this article
which shall be found to have been violated shall constitute a separate
offense.
[Adopted 7-14-2003 by Ord. No. 236]
This article shall be known as the Harris Township "Special
Events Ordinance."
It is the purpose of this article to provide for the health,
safety, and welfare of residents and visitors to Harris Township by
regulating special events which require special services provided
by the Township, such as police, traffic control, special parking
requirements, ambulance, fire or emergency services, or other special
services, to provide for the health, safety, welfare, and morals of
persons attending such special events, the residents of the Township,
neighbors, and any others who may be affected by special events.
The Board of Supervisors of Harris Township finds and declares
as follows:
A.
There are many appropriate locations and occasions for the holding
of special events in Harris Township which draw large numbers of people
to attend.
B.
Such special events often require the provision of services such
as traffic control, police protection, special parking regulations,
ambulance, fire safety, closing of streets to public traffic, and
other municipal, quasi-municipal, or other emergency or special services
to protect the health, safety, welfare, and morals of persons attending
such special events, the residents of the Township, neighbors, and
any others who may be affected by the special events.
C.
It is necessary that the Township be made aware in advance of such
special events so that such special services can be provided and so
that the appropriate municipal, police, fire, ambulance and other
services are aware of such special events so as to provide services
if needed.
D.
That the provision of required or necessary services for such special
events entails costs which should be borne by the sponsors of such
special events.
E.
That it is deemed expedient and necessary for the proper management,
care, and control of the Township and its finances and maintenance
of peace, good government and the welfare of the Township and its
residents to require all sponsors of special events to register such
special events, making arrangements in advance for all necessary special
services, and providing for the payment of all costs or expenses incurred
in the provision of such special services.
This article is authorized by the following sections of the
Second Class Township Code:
A.
Section 1529, concerning nuisances, 53 P.S. § 66529.
B.
Section 2201 et seq., concerning parks and recreation places, 53
P.S. § 67201 et seq.
C.
Section 2328, concerning parking, 53 P.S. § 67328.
D.
Section 1601, concerning ordinances, 53 P.S. § 66601.
E.
Section 1527, concerning public safety, 53 P.S. § 66527.
F.
Section 1501, concerning corporate powers, 53 P.S. § 66501.
For the purposes of this article, the following terms shall
apply:
Any activity carried on or exercised for gain or profit in
the Township of Harris including, but not limited to, the sale of
merchandise or other tangible property, the performance of or offering
of services, and the rental or offering of a business facility for
a public or private function.
The owner or owners of any property, or persons responsible
for the real estate upon which the special event is held or planned
to be held.
Any natural person, partnership, corporation, association,
joint venture, organized group, organization, or entity.
Any of the following constitutes a special event:
Any planned or organized outdoor activity at a business establishment,
regardless of the number of participants or attendees, that involves
outdoor amplified sound.
Any activity or function which will likely draw a group of 500
or more known or expected participants or attendees to a defined geographic
area.
Any activity in which special services are required.
The term "special event" shall include, but shall not be limited
to, assemblies, carnivals, open air concerts, contests, festivals,
fireworks displays, military pageants, parades, sporting events, and
other similar events held in open spaces in the Township.
The term "special event" shall not apply to usual and customary
outdoor recreational activities in which no outdoor amplified sound
is used and which are conducted as part of the routine operation of
the facility hosting the event or activity.
Shall include any or all of the following:
Traffic control.
Crowd control.
Special parking or no parking signs or provisions.
Closure of streets for parades or other activities on public
rights-of-way.
Police services.
Ambulance services.
Fire protection.
Sanitary facilities.
Cleanup.
Waste disposal.
Illumination.
Food.
Water.
Camping or trailer facilities.
Communications.
Noise control and abatement.
Any other special service, other than those listed above, which
a particular special event might require.
The person responsible for organizing, promoting, conducting,
or causing to be conducted a special event.
A.
It shall be unlawful for any person to conduct a special event without
registering such special event with the Township of Harris at least
30 days in advance.
B.
Any person planning to conduct a special event in the Township shall
register such activity or event with the Township of Harris. The following
information shall be provided by the registrant:
(1)
The name, mailing and street address, and daytime and emergency telephone
number or numbers of the sponsor of the event; the primary contact
person for the special event; and the owner or persons responsible
for the property on which the special event is to be held.
(2)
The dates and times when the special event is to occur.
(3)
The exact location of the property to be used for the special event.
(4)
A detailed description of all activities being planned as part of
the special event.
(5)
The estimated minimum, probable, and maximum participants and attendees
expected to attend the special event. For a special event in which
tickets are sold or distributed, organizers shall notify the Township
of Harris not less than 48 hours and not more than 96 hours prior
to the event of the number of tickets sold and/or distributed for
the special event.
(6)
A schedule including the duration of the event, and periods when
higher levels of traffic can be anticipated.
(7)
Acknowledgment that the sponsor will prohibit the use of outdoor
amplified sound, if proposed, after the hours of 10:00 p.m., Sundays
through Thursdays, and 11:30 p.m. on Fridays and Saturdays.
(8)
A request detailing each special service, as defined herein, to be
provided by the Township.
(9)
Proof that notification of the event has been, or will be, provided
to the following agencies in advance of the event:
(a)
State College Police.
(b)
Pennsylvania State Police.
(c)
Boalsburg Fire Company.
(d)
Alpha Community Ambulance.
(e)
Centre County Emergency Communications Center.
(f)
Seven Mountains Emergency Medical Services Council.
[Note: Provisions of Subsection B(9) may be waived by the Township Manager or his designee if registrant provides sufficient evidence that notification of any or all of the listed agencies is not necessary to protect the health, safety, and welfare of those attending the special event.]
(10)
Copies of agreements or arrangements for payment of all special
services required for the special event.
(11)
If the event is to be held in a municipal park or utilize any
park facilities, notification shall be send to the Centre Region Parks
and Recreation Department and all requirements of their large group
event policy shall be addressed.
A.
The sponsor of any special event to be held within the Township shall
submit complete information to the Township of Harris at least 30
days prior to the special event.
B.
Upon receipt of complete information, the Township Manager or his
designee shall review the information with the registrant. The purpose
of the review shall be to ascertain what, if any, special services
shall be necessary or required to protect the health, safety, welfare,
and morals of the expected participants and attendees of the event,
the residents of the Township, neighbors, and any others who may be
affected by the special event.
C.
If any special services are necessary or required as determined by
the Township Manager or his designee, the registrant shall make arrangements
for the special services and shall show proof of arrangements or shall
execute an agreement and necessary assurances that the sponsor shall
pay the cost of all such services provided by the Township.
A.
The sponsor of a special event shall provide facilities and personnel
to provide adequately for the health, safety, welfare, and morals
of participants and attendees of such special event, neighbors, residents
of the Township, and any other persons who will be affected by the
event, including the traveling public.
B.
In the event that special services are requested to be provided by
the Township, or after review of the application for special event
it is ascertained that special services provided by the Township shall
or may be necessary, sponsor shall be responsible for the reasonable
costs and expenses incurred in providing said services.
C.
Sponsor shall provide adequate security or assurance that all costs
or expenses for special services provided to the special event shall
be paid within 30 days of said special event, or within 30 days after
being billed or invoiced for said special services, whichever is later.
D.
The sponsor of a special event shall execute an agreement with the
Township which shall provide for payment by sponsor of the total cost
and expenses incurred by the Township in providing special services
for such special event.
It shall be the duty of the sponsor to comply with the Emergency
Medical Services System Act, 35 Pa.C.S.A. § 8101 et seq.,
as amended, 35 P.S. § 6921 et seq., and the regulations
of the Pennsylvania Department of Health, 28 Pa. Code § 1013.1
et seq., as they are now or may hereafter be amended.
A.
The Board of Supervisors shall have the right and authority to set
such fees for registration of a special event and administration of
this article as shall be deemed appropriate and shall authorize the
collection of such fees by the Township Manager or his designee.
B.
The Board of Supervisors or its designee may waive any and all such
fees as provided for in this article in the event that the special
event being registered is being conducted by a nonprofit organization
and the special event is not expected to generate a profit.
Any person, firm or corporation who shall violate any provision
of this article, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
