[Ord. No. 222, 3/12/2018[1]]
1.
PERSON
TRANSIENT RETAIL BUSINESS ACTIVITY
A.
(1)
(2)
(3)
(4)
(5)
B.
C.
As used in this Part, the following terms shall have the meanings
indicated:
Any natural person, association, partnership, firm, organization
or corporation.
Includes the following separate classifications:
SOLICITINGThe seeking or taking of contracts or orders for any goods, wares, services or merchandise for future delivery; the seeking or taking of subscriptions or contributions on any of the streets or sidewalks or from house to house or by visitation to private residences or by entering in or upon private property within East Coventry Township; or the seeking or taking of contracts or orders for home or other building repairs, improvements and alterations, including orders or contracts for any mechanical, electrical, plumbing or heating device or equipment for house or other building improvements or repairs, upon or from the places aforesaid within the Township.
PEDDLINGThe selling or offering for sale of any goods, wares, services and/or merchandise, including, but not limited to, flowers, shrubs and shrubbery, farm products and produce, 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 or from house to house or by visitation to private residences or by entering in or upon private property within the Township.
DISTRIBUTION OF ADVERTISING MATERIALSThe distribution of advertising materials for any goods, wares, services or merchandise on public or private property shall be subject to the regulations and requirements specified under this Part pertaining to peddling and soliciting.
TRANSIENT VENDORA person who is engaged in the selling or offering for sale of any goods, wares, services and/or merchandise, including, but not limited to, flowers, shrubs and shrubbery, farm products and produce, for immediate delivery, or taking orders for sale for future delivery, at any fixed outdoor location, on a seasonal or temporary basis, not in conjunction with or operating simultaneously with a Township-authorized special event, within the limits of private property with the permission of the property owner, provided that the use of such private property complies with the provisions of this Part and the requirements of the East Coventry Township Zoning Ordinances[2]. Unless otherwise specified in this Part, transient vendors
shall be subject to the regulations and requirements pertaining to
transient retail business activity as set forth in this Part.
SPECIAL EVENTS VENDORA person who is engaged in the selling or offering for sale of any goods, wares, services and/or merchandise, including, but not limited to, flowers, shrubs and shrubbery, farm products and produce, for immediate delivery, or taking orders for sale for future delivery, at any fixed outdoor location in conjunction with and operating simultaneously with a Township-authorized special event such as, but not limited to, a car show, parade, farmer's market, race, benefit, block party or other Township-authorized special event.
The following are excluded from the definition of transient
retail business activity:
As used in this Part, the singular shall include the plural
and the masculine shall include the feminine and the neuter.
[1]
Editor's Note: This ordinance also provided for the repeal
of former Part 1, License and Regulation for Soliciting or Peddling,
adopted 5/20/1974 by Ord. No. 28, as amended.
[Ord. No. 222, 3/12/2018]
No person shall engage in any transient retail business activity
within East Coventry Township without first having obtained a permit
as provided in this Part.
[Ord. No. 222, 3/12/2018]
1.
Every person desiring to engage in any transient retail business
activity in East Coventry Township shall first make application to
the Township for a permit. If a license or permit is required from
any commonwealth or county officer, the applicant shall, on making
such application, exhibit a valid commonwealth and/or county license
or permit. Said application shall be upon a form provided by the Township
and shall contain at least the following information verified by oath
or affirmation:
A.
Full name of the applicant and local address, if any;
B.
Permanent address of the applicant;
C.
Name of the employer or organization with whom the applicant is affiliated
and the address of its principal place of business or a statement
that such applicant is self-employed and/or is not affiliated with
any organization in engaging in the activity for which a permit is
being sought;
D.
The nature of the goods, wares, services or merchandise to be solicited
or offered for sale; if applicable, the purpose for the soliciting
of contributions, gifts or donations of money or any other item of
any kind or nature;
E.
A statement as to whether or not the applicant has ever been convicted
of a crime and, if the answer is in the affirmative, the nature of
the offense or offenses and the punishment or punishments imposed
therefor;
F.
The type, make and model of the vehicle to be used, if any;
G.
The dates when the transient retail business activity is to take
place and the locations within the Township where the transient retail
business activity will occur; and
H.
Upon request, the applicant shall also furnish a photograph.
[Amended by Ord. No. 2019-232, 3/11/2019]
2.
Where a person makes application for himself and one or more helpers,
all applicable personal information specified above shall be given
for each helper and verified by oath or affirmation by him, and an
individual permit shall be required for each helper. No permit under
this Part shall be transferable from one person to another.
[Ord. No. 222, 3/12/2018]
No permit shall be issued under this Part until the fee, as
set forth in the fee schedule adopted from time to time by resolution
of the Board of Supervisors of East Coventry Township, is paid to
East Coventry Township for the general use of the Township. A separate
application shall be filed and a separate permit fee shall be paid
by each person who shall actually conduct transient retail business
activity and shall apply where an organization or employer desires
to secure permits for its employees, agents or representatives.
[Ord. No. 222, 3/12/2018]
Any permit issued for the purpose of engaging in soliciting, peddling or the distribution of advertising material shall be valid and remain in effect for a period of 30 days after the date of issuance. Any permit issued to a transient vendor shall be valid and remain in effect for a period of two weeks after the date of issuance. A permit may be renewed at expiration by the payment of an additional permit fee as provided in § 13-104. At the time of permit renewal, the permittee shall file an amendment to the original application to reflect any changes necessary in the information therein contained.
[Ord. No. 222, 3/12/2018]
1.
The permit required by this Part, when issued, shall:
A.
State the goods, wares, services or merchandise to be solicited or
offered for sale by the permittee;
B.
Be prominently displayed on any vehicle used by the permittee;
C.
Be carried by every permittee at all times when engaged in transient
retail business activity in East Coventry Township; and
D.
Be exhibited, upon request, to all police officers, Township officials
and citizens.
2.
No person shall engage in any transient retail business activity
not stated on the permit issued by the Township.
[Ord. No. 222, 3/12/2018]
1.
The permit required by this Part may be denied, suspended or revoked
at any time if the Township determines that:
A.
The application for the permit contains false information;
B.
The permittee has been convicted of a felony or a crime of fraud;
[Amended by Ord. No. 2019-232, 3/11/2019]
C.
The permittee has been convicted of disorderly conduct under any
law of the Commonwealth of Pennsylvania or any ordinance of East Coventry
Township; or
D.
The permittee has failed to comply with any rules of conduct or other
requirements described in this Part.
[Ord. No. 222, 3/12/2018]
Any application to the Township for a permit shall be granted
or denied within 10 business days of having submitted a complete application,
including all supporting documentation required by this Part.
[Ord. No. 222, 3/12/2018]
Each person to whom a permit has been issued hereunder shall
comply with the following rules of conduct:
1.
A permittee shall carry in his possession at all times the permit
issued to him and shall exhibit it upon request.
2.
A permittee shall not engage in any transient retail business involving
a product or service not set forth in the permit application.
3.
A permittee shall not allow any other person or individual to have
possession of the permit issued to him and shall immediately report
the loss of any permit to the Township.
4.
A permittee shall not allow the permit to be altered or defaced.
5.
No permittee shall engage in any transient retail business activity
before 9:00 a.m. or after 9:00 p.m. Monday through Friday and before
10:00 a.m. and after 5:00 p.m. on Saturdays. No soliciting is permitted
on Sundays and federal/state legal holidays.
6.
No permittee shall occupy any fixed location upon or along any sidewalk,
street, alley, roadway or public right-of-way within the Township
for the purpose of engaging in transient retail business activity.
7.
No permittee shall park any vehicle upon any street, alley or roadway
within the Township for a period of time longer than is reasonably
necessary to sell therefrom to persons residing in the immediate vicinity.
8.
No transient retail business activity shall be permitted in Township
parks or playgrounds. (Transient retail business activity is only
permitted at certain Township parks on a contracted basis with the
Township. If a transient vendor operates on Township property, the
transient vendor shall provide the Township with a certificate of
insurance that complies with the Township's requirements for
such certificates at the time of application for a permit Part. The
certificate of insurance shall list the Township as additional insured.)
9.
No permittee shall enter or attempt to enter any dwelling or place
of business without invitation or permission of the occupant, and
the permittee shall immediately leave the premises upon request.
10.
No permittee shall represent that the permit issued to him is in
any way an endorsement by East Coventry Township of the permittee
or the goods or services which he sells, solicits or peddles.
13.
All advertising materials distributed by a permittee upon private
property shall be securely placed on a porch or doorway (without the
use of tape, tacks, nails or other materials which could damage property)
so that the materials will not be carried away by the elements.
14.
No advertising materials shall be placed upon any parked motor vehicle
within the Township in order to prevent the accumulation of litter
upon private and public properties within the Township.
15.
No advertising materials shall be thrown, dropped, placed, posted
or deposited upon any of the streets, sidewalks, parks, playgrounds,
parking lots or other public properties within the Township.
16.
No permittee shall engage in soliciting or peddling at a place of
residence at any entrance other than the main entrance to the residence.
17.
Transient vendors shall be permitted to conduct business only in
those zoning districts in East Coventry Township that permit retail
sales. Additional conditions may be attached to permits issued to
transient vendors at the discretion of the Township for the protection
of the public health, safety and welfare.
[Ord. No. 222, 3/12/2018]
1.
The following persons shall be exempt from the obligation to apply
for and receive a permit as otherwise required by this Part:
A.
Persons, groups, their employees, agents and representatives who
engage in door-to-door soliciting and/or peddling on behalf of nonprofit
and/or exempt organizations and causes that are in compliance with
the provisions set forth by the Commonwealth of Pennsylvania, Department
of State, Bureau of Charitable Organizations.
B.
Persons operating a roadside stand for the sale of farm products,
foodstuffs and produce by the producers or growers of such items or
for the taking of orders for the sale of such farm products, foodstuffs
and produce grown or produced on their own land in East Coventry Township.
C.
Persons who have prior invitation of the property owner to come upon
the owner's property for the purpose of seeking or taking orders
by any manufacturer, producer or distributor for the sale of bread
and bakery products, meat and meat products or milk and milk products
as part of an established and recognized delivery route.
D.
Persons who have prior invitation to obtain orders for merchandise
for business use from dealers, merchants and manufacturers at their
regular place of business.
E.
Special events vendors operating a stand or vendor booth who are
duly registered vendors in conjunction with and during the hours specified
and approved by East Coventry Township for the purpose of operating
and promoting a special event such as, but not limited to, a car show,
parade, farmer's market, race, benefit, block party or other
duly authorized special event in the Township at the time, location
and in the manner prescribed by East Coventry Township. The Board
of Supervisors may establish, from time to time by resolution, rules
and regulations for the sale of farm products, foodstuffs, produce
and any other goods or wares sold by a special events vendor for the
protection of the public health, safety and welfare.
2.
Notwithstanding the provisions of Subsection 1 above, the following shall be required to register with East Coventry Township prior to commencing any transient retail business activity within the Township:
A.
Persons, groups, their employees, agents and representatives who
engage in door-to-door soliciting and/or peddling on behalf of nonprofit
and/or exempt organizations and causes that are in compliance with
the provisions set forth by the Commonwealth of Pennsylvania, Department
of State, Bureau of Charitable Organizations. The foregoing shall
be required to provide proof of their nonprofit and/or exempt status
if requested by the Township. If a person is registering on behalf
of one or more other individuals within the organization, names shall
be provided for each day that activities are to take place.
B.
Insurance agents or brokers who are authorized to transact business
under the insurance laws of the Commonwealth of Pennsylvania and are
selling or taking orders for the selling of insurance.
[Ord. No. 222, 3/12/2018]
2.
No solicitor, peddler or transient vendor shall enter upon any property
that is posted with a "No Peddling" or "No Soliciting" sign or remain
upon the property after the time restriction posted. Violators may
be prosecuted for trespassing.
3.
It shall be the duty of every solicitor, peddler or transient vendor to look for and comply with the notice posted, if any, pursuant to Subsection 1 above.
4.
In any residential development where there exists a lawfully constituted homeowners' association whose membership consists of all owners of dwelling units within the development, it shall be lawful for the association, in lieu of posting notices at each residence, to post the notice authorized under Subsection 1 upon signs posted conspicuously at all entrances to the development, subject to the signage requirements of § 27-1314 of Chapter 27. It shall be the duty of every solicitor, peddler and/or transient vendor, upon entering a development, to look for such notice at the entrance thereto and to comply therewith.
5.
It shall be a violation of this Part if any solicitor, peddler or
transient vendor refuses or fails to comply with any notice so posted
in accordance with this Part.
[Ord. No. 222, 3/12/2018]
1.
Any person who shall violate any provision of this Part shall, upon
conviction of a summary offense before a District Justice, be sentenced
to pay a fine not to exceed $1,000 per violation with costs of prosecution
and, in default of the payment of such fine and costs, be sentenced
to undergo imprisonment to the extent allowed by law for the punishment
of summary criminal offenses. A separate offense under this Part shall
be deemed to occur for each day or portion thereof in which a violation
is found to exist or for each section of this Part which is found
to have been violated. All fines and penalties collected for the violation
of this Part shall be paid to the Township Treasurer.
2.
In addition to the foregoing penalty provisions, the Township Manager
or his or her designee may institute an action in equity to compel
compliance with this Part.
[Ord. 171, 7/20/2010, § I]
In accordance with, and in consideration of the full and faithful
performance and observation by Comcast of Southeastern Pennsylvania,
LLC., ("Comcast") of the terms, conditions, restrictions, reservations
and other provisions of that certain Franchise Agreement, a copy of
which is attached to this Part as Appendix A and made fully part hereof,
non-exclusive rights and privileges are hereby granted to Comcast
for a term of 15 years from the effective date of the Ordinance enacting
this section, to construct, erect, operate and maintain in, on, along,
across, above, over, any public rights-of-way (as defined in said
Franchise Agreement) in East Coventry Township, poles, wires, cables,
underground conduits, manholes, pedestals, amplifiers and other cable
television conductors and fixtures necessary for the construction,
maintenance and operation of a cable system (as defined in said Franchise
Agreement) for the purpose of distributing or relaying television,
radio, digital and other lawful electronic signals.
[Ord. 149, 10/13/2008, § I]
In accordance with, and in consideration of the full and faithful
performance and observation by Verizon Pennsylvania Inc., of the terms,
conditions, restrictions, reservations and other provisions of that
certain franchise agreement, a copy of which is attached to this Part
as Appendix B and made fully part hereof, nonexclusive rights and
privileges are hereby granted to Verizon Pennsylvania Inc., for a
term of 15 years from the effective date of the ordinance enacting
this section, to construct, erect, operate and maintain in, on, along,
across, above, over, any public rights-of-way (as defined in said
franchise agreement) in East Coventry Township, poles, wires, cables,
underground conduits, manholes, pedestals, amplifiers and other cable
television conductors and fixtures necessary for the construction,
maintenance and operation of a cable system (as defined in said franchise
agreement) for the purpose of distributing or relaying television,
radio, digital and other lawful electronic signals.
