[HISTORY: Adopted by the Board of Commissioners
of the Township of Cheltenham 7-21-2009 by Ord. No. 2191-09.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Garage sales — See Ch. 158.
Peace and good order; noise control — See Ch. 205.
Precious metals and gems — See Ch. 213.
Mercantile license and business privilege taxes — See Ch. 270, Arts. II and III.
Zoning — See Ch. 295.
[1]
Editor's Note: This ordinance also repealed former Ch. 251,
Soliciting and Transient Vendors, adopted as follows: Art. I, Soliciting
by Charitable Organizations, 3-19-1985 by Ord. No. 1598, as amended;
and Art. II, Transient Vendors, 4-18-1995 by Ord. No. 1829-95.
[Amended 4-17-2013 by Ord. No. 2263-13; 10-21-2015 by Ord. No. 2315-15]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person or any organization or company employing peddlers
or solicitors who shall engage in peddling/soliciting as herein defined.
The words "peddler" and "solicitor" shall include the words "vendor,"
"street vendor," "hawker" and "huckster," and other such words carrying
or conveying the same meaning and understanding and addressing the
same activities described thereby.
Any person representing a governmental agency, charitable,
educational, religious or political organization or any association
incorporated in accordance 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/exempt organization, cause,
candidate or viewpoint.
The selling or offering for sale of any goods, wares or merchandise
for immediate delivery, which the person 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 Township of Cheltenham or from a fixed location within
the Township of Cheltenham on a temporary basis.
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 private individual or for-profit corporation,
upon any of the streets or sidewalks, from house-to-house within the
Township of Cheltenham, including the door-to-door delivery of business
advertisements that do not require direct contact with residents.
The selling, offering for sale, or taking orders for sale on a seasonal/temporary basis by a transient vendor with written permission of the property owner inside any mall or other nonresidential establishment within the Township's borders, provided that said seasonal/temporary use complies with the requirements of Chapter 295, Zoning.
The peddling, soliciting, selling, offering for sale or taking orders for sale by a transient vendor at any outdoor place, on a seasonal/temporary basis, within the limits of private property with permission of the property owner, provided that said private property is zoned for commercial use and that said seasonal/temporary use meets the requirements of Chapter 295, Zoning. Any permanent or temporary structures installed to conduct transient sales shall comply with the requirements of the Township's Building Code. Transient sales are not permitted on residential properties.
A person, group of persons, or entity engaged in transient
sales at a single location, whether inside a mall, commercial or other
permanent building within the Township's borders, or at an outdoor
place within the Township's borders, on a seasonal/temporary
basis. A transient vendor does not maintain a distribution house,
sales house, warehouse, service enterprise or residence on the location
where the transient sales take place.
Any and all peddlers/solicitors are prohibited from entering
upon any property that is posted with a "No Peddling" and/or "No Soliciting"
sign and may be prosecuted for trespassing.
[Amended 4-17-2013 by Ord. No. 2263-13; 10-21-2015 by Ord. No. 2315-15]
It is unlawful for any person(s) to engage in peddling, soliciting
or transient sales or for any organization employing any peddlers,
solicitors or transient vendors to engage in peddling, soliciting
or transient sales within Cheltenham Township without a valid permit
issued by Cheltenham Township, except if said person(s) represents
an exempt organization. All peddlers, solicitors, transient vendors
and employers shall, when conducting business activities in the Township,
comply with the following rules of conduct:
A.
Peddlers/solicitors shall carry the permit at all times and furnish
it upon request of any person to whom the peddler/solicitor is attempting
to peddle or solicit.
B.
Peddlers/solicitors 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.
C.
Peddlers/solicitors shall only engage in peddling/soliciting within
the Township between the hours of 10:00 a.m. and 9:00 p.m. Monday
through Friday and 10:00 a.m. and 5:00 p.m. on Saturdays. No soliciting
is permitted on Sundays and federal/state legal holidays.
D.
Transient sales requirements:
(1)
Transient vendors shall provide the Township with the written authority
of the property owner where transient sales are intended to take place
that the transient vendor is authorized to operate from such location.
(2)
Transient sales shall start no earlier than 7:30 a.m. and end no
later than 9:30 p.m.
(3)
Transient sales permits shall be valid for no longer than 20 days,
unless otherwise approved by the Township Manager.
[Amended 3-28-2018 by Ord. No.
2367-18]
(4)
If a transient vendor operates on Township property or within the
public right-of-way, the transient vendor shall provide the Township
with a certificate of insurance complying with the Township's
standards for such certificates at the time of application for a permit
pursuant to this section. The certificate of insurance must list the
Township and/or other applicable public agencies as additional insured(s).
(5)
Transient vendors who erect a tent shall meet the following requirements:
(a)
Such tents shall meet all requirements for tent installations
in accordance with Section 2403 of the International Fire Code, as
amended.
(b)
Such tents shall bear a tag which verifies the fire rating of
the tent material.
(c)
The tent stakes of all such tents shall have protective caps
installed.
(d)
Any and all holes dug or otherwise used for tent stakes for
such tents must be filled in and surface returned to original condition.
(6)
Any and all tents and other temporary or permanent structures used
for transient sales shall:
(a)
Be installed to withstand wind, rain and snow loads in accordance
with the standards set forth in the International Fire Code.
(b)
Have minimum number of fire extinguishers provided in accordance
with the International Fire Code.
(c)
Have egress pathways provided in accordance with the International
Building Code and International Fire Code.
(d)
Be in compliance with the accessibility requirements of the
Americans with Disabilities Act of 1968, as amended.
(e)
Not have combustibles stored or located within 30 feet of the
tent or other structure used for transient sales.
(f)
Have No Smoking signs posted in accordance with the International
Fire Code.
(g)
Not adversely impact the parking requirements for the underlying
use of the property where the transient sales take place.
(h)
Not adversely impact the parking requirements for neighboring
properties near where the transient sales take place.
(i)
Tents or other temporary structures intended for transient sales
shall cover not more than 900 square feet in area. No more than one
tent or temporary or permanent structure used for transient sales
shall be permitted per premises.
(j)
Comply in any other applicable ways with the International Fire
Code and International Building Code, as amended from time to time.
(7)
Any permanent structure used for transient sales shall also be in
compliance with all applicable requirements of the Township's
Zoning Ordinance.
(8)
All merchandise, vehicles, storage containers, tents and other temporary
structures utilized for outside transient sales shall be removed by
9:30 p.m. each night and may not be set up before 7:30 a.m. Merchandise,
vehicles, storage containers, tents and other temporary structures
utilized for outside transient sales may be left on site, with the
approval of the Township Manager, provided that the transient vendor
provides a written plan which demonstrates to the approval of the
Township Manager that any such objects left on site will be secure
and will not be a nuisance to the property owners of the premises
or neighboring properties. The transient vendor shall obtain such
approval from the Township Manager prior to leaving any such objects
on site between 9:30 p.m. and 7:30 a.m.
(9)
Any and all generators used in connection with transient sales shall
be shut off between the hours of 9:30 p.m. and 10:00 a.m. each day.
(10)
Transient vendors shall not remain, loiter, sleepover on, or
be present on transient sales sites between the hours of 10:00 p.m.
and 7:30 a.m.
E.
Peddlers/solicitors/transient vendors shall not call out or shout
to sell services or goods, nor shall they use any loudspeaker, horn,
music or other device or vehicle that uses such devices.
F.
Peddlers/solicitors/transient vendors shall not occupy by standing
in person, with or without a stand, cart, or similar fixtures, upon
any fixed location or along any of the alleys, sidewalks, streets
or any other public rights-of-way in the Township, unless permitted
to do so by the Township.
G.
Peddlers/solicitors/transient vendors shall not park any vehicle
upon or along any of the streets or sidewalks of the Township for
the sole purpose of advertising, displaying and selling of merchandise.
H.
Outside transient vendors may display two signs per tent or structure,
not more than eight square feet each. The signs must be attached to
the tent or structure. Sandwich board signs are prohibited, unless
the transient vendor does not utilize a tent or structure. No more
than one sandwich board sign, not more than 16 square feet, shall
be displayed for vendors who are not utilizing a tent or structure.
A plan for each sign shall be submitted to the Planning and Zoning
Department with the transient vendor permit application for review
and approval.
I.
Peddling/soliciting is not permitted in Township parks. Peddling/soliciting
is permitted at Township pools and certain playgrounds only on a contracted
basis with the Parks and Recreation Department and as approved by
the Director of Parks and Recreation.
J.
Peddlers/solicitors/transient vendors shall not peddle/solicit on
private property without permission of the property owner.
K.
Peddlers/solicitors/transient vendors shall not cut across or walk
upon any front lawn, back yard or courtyard except upon sidewalks,
walkways or private driveways, if such sidewalks, walkways or driveways
are provided.
L.
It shall be unlawful for any person to peddle or solicit or attempt
to peddle or solicit at a place of residence at any entrance other
than the main entrance of the residence.
M.
Peddlers/solicitors/transient vendors who are offering any food for
sale or using any mobile food unit that requires a permit from the
Montgomery County Health Department must provide said permit when
applying for a Township permit.
N.
Peddlers/solicitors of home improvements services who are required
to comply with any state legislation must provide proof of compliance
with said legislation when applying for a Township permit.
[Amended 10-21-2015 by Ord. No. 2315-15]
A.
Peddlers and solicitors permits.
(1)
Any person or business desiring to engage in peddling/soliciting
within the Township must first obtain an application from the Township's
Accounting Department for a permit. All peddling/soliciting permits
shall be reviewed by the Cheltenham Township Police Department before
approval by the Accounting Department.
(2)
Approved permits shall be exhibited in clear view by the peddler/solicitor
at all times. Permits shall not be altered. No permit may be transferred
from one person to another.
(3)
A separate application shall be filed and a separate permit fee shall
be paid by each person who shall actually conduct the peddling/soliciting
and shall apply where an employer desires to secure permits for his
employees, agents or representatives. Each person applying to engage
in peddling/soliciting activities shall submit a State Police background
check with his or her application.
(4)
Permit fees may be waived by the Township Manager for any person
or business whose primary place of business is in the Township and
who pays a business privilege and/or mercantile tax to the Township
and is current on all such taxes.[1]
(5)
All peddlers and solicitors must file and pay a business privilege
and/or mercantile tax to the Township for the year(s) in which they
operate in the Township. Permit fees will not be waived for persons
or businesses whose primary place of business is located outside the
Township.
B.
Transient sales permits.
(1)
Transient vendors must file an application with the Township's
Planning and Zoning Department for review and approval. The application
shall include a State Police background check for each individual
applying to engage in transient sales and all transient sales permits
shall be reviewed by the Cheltenham Township Police Department before
approval.
(2)
All approved transient vendor permits shall be exhibited in clear
view by the transient vendor at all times. Permits shall not be altered
and cannot be transferred from one transient vendor to another.
(3)
If a transient vendor desires to set up in more than one location,
a permit shall be filed for each location.
(4)
Permit fees may be waived by the Township Manager for any person
or business who/which applies for a transient vendor permit on a commercial
property which they own or have a long-term commercial lease, provided
that they pay a business privilege and/or mercantile tax to the Township
and are current on all such taxes.
(5)
All transient vendors must file and pay a business privilege tax
and/or mercantile tax to the Township for the year(s) in which they
operate in the Township. Permit fees will not be waived for persons
or businesses whose primary place of business is located outside the
Township.
(6)
Any variance to the transient sales permit requirements must be approved
by the Township Manager, at his or her discretion.
Fees for peddling/soliciting/transient vendor permits shall
be set from time to time by separate resolution of the Cheltenham
Township Board of Commissioners.[1]
A.
The Chief of Police, and/or his/her designee, is hereby authorized
to revoke or suspend any permit issued under this chapter for any
violation of any of the provisions of this chapter, or for giving
false information upon any application for a permit. The Chief of
Police and/or his/her designee is further authorized to refuse a permit
to any person whom the Chief and/or his/her designee deems could present
a threat of harm or danger to the citizens of Cheltenham Township.
When a permit is revoked, no other permit shall be issued to the same
applicant within one year of the date of revocation, and operation
by the permit holder shall cease immediately upon revocation. In case
of a suspension, operation shall cease immediately but may recommence
at the end of the suspension if the term of the permit is still in
effect.
[Amended 10-21-2015 by Ord. No. 2315-15]
B.
An applicant
may appeal, in writing, a decision by the Chief of Police to the Township
Manager.
Any person or commercial entity who or which has violated or
permitted the violation of the provisions of this chapter shall, upon
conviction before a Magisterial District Judge, be subject to a penalty
of not less than $200 nor more than $600, plus costs of prosecution,
and, in default of payment of such fine and costs, to imprisonment
not to exceed 30 days, or both such fine and imprisonment. Each day
that a violation continues may be regarded as a separate offense and
punishable as such.
A.
Persons
and organizations, their employees, agents and representatives who
engage in door-to-door soliciting/peddling on behalf of nonprofit/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, are exempt from the requirement
to obtain a permit and to pay any fee to solicit.
B.
All persons,
organizations, their employees, agents and representatives who engage
in door-to-door soliciting/peddling on behalf of nonprofit/exempt
organizations and causes are required to provide proof of their nonprofit/exempt
registration if requested by the Township.
C.
All persons,
organizations, their employees, agents and representatives who engage
in door-to-door soliciting/peddling on behalf of nonprofit/exempt
organizations and causes are required to adhere to all other provisions
of this chapter.
Special exceptions to this chapter may be granted by the Township
Manager for community or Township-sponsored events.
[Added 4-17-2013 by Ord. No. 2263-13]
The owner or lawful occupant of any premises within the Township desiring to have persons not enter onto his or her premises may register with the Cheltenham Township Police Department to have his or her address placed on a registry. Copies of the registry shall be distributed to peddlers, solicitors, and transient vendors who obtain valid permits from the Cheltenham Township Police Department. Peddlers, solicitors, and transient vendors are prohibited from entering onto premises listed in the registry established pursuant to this provision. Peddlers, solicitors, and transient vendors who enter onto premises listed in the registry shall be deemed to be in violation of this provision and shall be subject to the penalties provided in § 251-7. Peddlers, solicitors, and transient vendors have an affirmative obligation to obtain a copy of the registry from the Township and conform to it.
