[Ord. No. 24-01, 4/4/2024[1]]
Any person, association, partnership, firm or corporation
that engages in the act of peddling.
The act of going from house to house, from street to street,
or from place to place, canvassing, soliciting or taking of orders,
traveling by foot, automotive vehicle or any other type of conveyance,
whether carrying or transporting merchandise either by sample or otherwise,
for the purpose of selling or delivering goods, wares, merchandise,
or providing services to customers within the Township of New Hanover.
Provided, the word "peddling" shall not apply to: A) farmers selling
their own produce; B) the sale of goods, wares and merchandise, donated
by the owners thereof, the proceeds whereof are to be applied to any
charitable or philanthropic purpose; or C) any manufacturer or producer
in the sale of bread and bakery products, meat and meat products,
or milk or milk products.
[1]
Editor's Note: This ordinance amended in its entirety Subpart
A, Peddlers and Peddling, adopted by Ord. 71-1, 4/15/1971, as amended
by Ord. 97-7, 10/13/1997; and by Ord. 17-03, 3/27/2017.
[Ord. No. 24-01, 4/4/2024]
No person shall engage in peddling in the Township of New Hanover
without first having taken out a license as herein provided.
[Ord. No. 24-01, 4/4/2024]
1.
Every person desiring to engage in peddling in the Township of New
Hanover shall first make application to the Board of Supervisors or
its duly authorized agent at the New Hanover Township Building, 2943
North Charlotte Street, Gilbertsville, PA 19525, for a license. If
such person shall also be required to obtain a license from any county
office, such person shall, when making such application, exhibit a
valid county license.
2.
Any such application shall contain the following information, and
shall be signed and certified by the applicant to be true and correct:
A.
Applicant's name.
B.
Applicant's address.
C.
A certified copy of a Pennsylvania Criminal Record Check.
D.
The name of the person or entity for whom the peddler works, if any.
E.
The type of goods, wares and merchandise the peddler wishes to peddle.
F.
The type of service or services the peddler wishes to peddle.
G.
The length of time for which the peddler wishes to be licensed.
H.
The make, model and license plate of the vehicle the peddler uses,
if any.
I.
The number of helpers the peddler utilizes.
Provided, however, that where a person makes application for
himself or herself and one or more helpers, all applicable personal
information specified above shall be required for all helpers. No
license issued under this Subpart shall be transferable from one person
to another.
[Ord. No. 24-01, 4/4/2024]
1.
No license shall be issued under this Subpart until the proper fee
shall be paid to the Township or its duly authorized agent, which
shall be for the use of the Township. The fees shall be established
from time to time by resolution of the Board of Supervisors.
2.
Exceptions. No license fee shall be charged:
A.
To farmers selling their own produce on their own property.
B.
For the sale of goods, wares and merchandise, donated by the owners
thereof, the proceeds whereof are to be applied to any charitable
or philanthropic purpose.
C.
To any manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk and milk products.
D.
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 organizations.
E.
To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania.
F.
To a person who has complied with the provisions of the Solicitation
of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et
seq., as hereafter amended, supplemented, modified or reenacted by
the General Assembly of Pennsylvania.
G.
For taking orders for merchandise, by sample, from dealers or merchants
for individuals or companies who pay a license or business privilege
tax at their chief place of business.
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But all persons exempted hereby from the payment of the license
fee shall be required to register with the Township and obtain a license
without fee; provided, any person dealing in one or more of the above
mentioned exempted categories, and dealing with other goods, wares,
or merchandise not so exempted, shall be subject to the payment of
the license fee fixed by this section for the peddler's activities
in connection with the sale of goods, wares and merchandise not in
such exempted categories. Provided, further, the Township may similarly
exempt from payment of the license fee, but not from registering with
it, persons working without compensation and selling goods, wares
or merchandise for the sole benefit of a nonprofit corporation. Provided,
further, every license issued under the provisions of this Subpart
shall be issued on an individual basis to any person or persons engaging
in such business; every individual shall obtain a separate license,
issued in the person's name, and the license fee hereby imposed
shall be applicable to every such individual license, except that
a representative of a charitable organization may obtain licenses
for the applicants.
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[Ord. No. 24-01, 4/4/2024]
Upon making application therefor and paying the proper fee,
as herein specified, a license shall be issued to every peddler. Such
license shall contain the information required to be given upon the
application therefor. Every peddler shall at all times when engaged
in peddling in the Township, carry the peddling license upon his or
her person, and shall exhibit such license, upon request, to all police
officers, Township officials and citizens. No peddler shall engage
in selling any product or service not mentioned upon such license.
[Ord. No. 24-01, 4/4/2024]
A peddler shall only conduct business between the hours of 9:00
a.m. and 30 minutes after sunset.
[ Ord. No. 24-01, 4/4/2024]
No peddler shall sell, solicit or take orders upon any of the
roads, streets or sidewalks of the Township, nor shall the peddler
use any loud speaker or horn or any other device for announcing the
peddler's presence which causes a nuisance to the public.
[ Ord. No. 24-01, 4/4/2024]
No peddler shall park any vehicle upon any of the roads, streets
or land of the Township in order to sort, rearrange or clean any goods,
wares or merchandise; nor may such person place or deposit any refuse
upon any of such roads, streets or lands; nor may any such person
maintain or keep a street or curbstone market by parking any vehicle
upon any road, street or lane in the Township for longer than necessary
in order to sell therefrom to persons residing in the immediate vicinity.
[Ord. No. 24-01, 4/4/2024]
No peddler shall occupy any fixed location upon any of the roads,
streets and lanes or sidewalks of the Township for the purpose of
peddling, with or without any stand or counter.
[Ord. No. 24-01, 4/4/2024]
No peddler shall attempt to enter any property listed on the
Do Not Solicit Registry maintained by New Hanover Township. The peddler
shall be provided a dated copy of the registry list at the time of
the submission of peddler's application for a license, and the
peddler shall be required to consult with the Township website's
listing of the Do Not Solicit Registry prior to engaging in solicitation,
peddling or distribution under this Subpart.
[Ord. No. 24-01, 4/4/2024]
1.
New Hanover Township shall hereby create and manage a "Do Not Solicit
Registry" for those landowners and residents of the Township who do
not wish to be contacted by peddlers at their properties.
2.
Any person in lawful possession and occupancy of any residence, house,
apartment, or other dwelling unit in the Township may request to have
their address placed on the Do Not Solicit Registry by submitting
a request in writing to the Township Secretary, or registering on
line, as provided by the Township. The written or online submission
shall include:
A.
The name and signature of the person completing the form;
B.
The complete address of the residence, house, apartment, or other
dwelling to be placed on the Do Not Solicit registry;
C.
The date that the form was completed; and
D.
A statement that the individual, being authorized to do so by all
occupants of the residence, requests that no peddlers enter the above-referenced
property or otherwise attempt to solicit, peddle, or distribute thereon.
3.
A resident's listing on the Do Not Solicit Registry shall be effective 30 days from the date of their submission of the same to the Township Secretary in writing or on-line. The listing shall remain on the Do Not Solicit Registry unless and until a request to remove the same is submitted pursuant to Subsection 4 below.
4.
Any person in lawful possession and occupancy of any residence, house, apartment, or other dwelling unit in New Hanover Township may request to have their address removed from the Do Not Solicit Registry by submitting a request in writing to the Township Secretary or on-line, as provided by the Township. Such request shall include all of the information set forth in Subsection 2 above, together with an affirmative statement that the individual, being authorized to do so, requests that the property be removed from the Do Not Solicit Registry.
5.
The prohibition against peddlers entering properties on the Do Not
Solicit Registry shall be in addition to, and not in place of, the
prohibition against such individuals soliciting, peddling, or distributing
on properties displaying "No Soliciting" or other similar sign or
signs.
[Ord. No. 24-01, 4/4/2024]
The Board of Supervisors of the Township of New Hanover or its
authorized agent shall keep a record of all licenses issued under
this Subpart and the Chief of Police shall supervise the activities
of all holders of such licenses.
[Ord. No. 24-01, 4/4/2024]
1.
The Board of Supervisors of the Township of New Hanover or its authorized
agent may suspend any license issued under this Subpart for a violation
of any of the provisions of this Subpart, or for giving false information
upon any application for a license hereunder.
2.
Any person aggrieved by the action of an authorized agent in suspending
a license under this Subpart may appeal in writing to the Board of
Supervisors of the Township of New Hanover for a hearing with respect
to such suspension. Thereupon, the Board of Supervisors shall hold
such hearing and take action with respect thereto as it shall deem
appropriate.
[Ord. No. 24-01, 4/4/2024]
Any person, firm or corporation who shall violate any provision
of this Subpart, 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 less than $25 nor more than
$1,000 plus costs or such other penalty as may be authorized and imposed
by law. Each day that a violation of this Subpart continues or each
section of this Subpart which shall be found to have been violated
shall constitute a separate offense. Notwithstanding the same, the
Township may seek enforcement by means of request for injunctive relief
or other equitable remedies as may be provided by law in a court of
competent jurisdiction.
[Ord. 06-08, 9/11/2006, § 1]
1.
Short Title. This Subpart shall be known as the "Yard Sale and Garage
Sale Ordinance" of New Hanover Township.
2.
Purpose. The purpose of this Subpart shall be to promulgate rules
and regulations that are designed to control and restrict garage and
yard sales in order to protect the public health, safety and convenience
and to restrict such sales to casual and/or occasional occurrences
only. The intent of this Subpart is to eliminate perpetual, prolonged
and extended garage and yard sales in residential areas. Such sales,
if continued indefinitely, tend to become retail businesses in residential
areas and zones and create a nuisance and often violate the zoning
regulations of New Hanover Township. The provisions of this Subpart
arise from the need to limit, regulate, restrict and control garage
and yard sales. It is not the intent of this Subpart to change or
amend any other ordinance of New Hanover Township.
3.
AUCTION
BOARD
GARAGE SALE
PERSON
SALE
YARD SALE
Definitions. Unless otherwise expressly stated, the following words
and phrases shall be constructed throughout this Subpart to have the
meanings herein set forth:
The sale, barter or auction, by public display and/or advertisement
by signs, handbills, circulars or word of mouth, of any items of personalty
shown on the premises of the owner with said sale being conducted
on said premises on a specific date.
The Board of Supervisors of New Hanover Township.
The sale, barter or auction by public display and/or advertisement
by any signs, handbills, or circulars or word of mouth, of any items
of personalty shown on the premises of the owner, with said sale being
conducted on said premises on a specific date.
Includes natural person, individuals, corporations, eleemosynary,
philanthropic, charitable or religious institutions or nonprofit corporations,
home owner associations, unincorporated associations, partnerships
and point ventures, who are owners of real estate within the Township
of New Hanover, their equitable owners, or any agents, servants, workmen
or employees thereof or independent contractors thereof.
Includes "yard sale," "garage sale," "sidewalk sale," "auction,"
"rummage sale," "attic sale" or any other activity by which a person
or persons shall display items of personalty to other persons and
invite the bidding or purchase thereof by said persons.
The sale, barter or auction by public display and/or advertisement
by any signs, handbills, circulars, or word of mouth, of any items
of personalty shown on the premiss of the owner with said sale being
conducted on said premises on the specific date.
[Ord. 06-08, 9/11/2006, § 2]
1.
Limitation of Three Yard Sales. No person shall conduct more than
three yard sales, garage sales or auctions on a specific property
within any calendar year in New Hanover Township.
[Ord. 06-08, 9/11/2006, § 3]
1.
Posting of Handbills or Signs. Any signs or handbills placed within
the Township of New Hanover by persons on his behalf, shall be subject
to the following restrictions:
A.
Time of Placement. The handbills or signs shall not be publicly placed
within the Township any earlier than two days prior to the date scheduled
for sale or auction.
B.
Place of Placement. No handbills or signs shall be placed upon private
property of another without written consent having first been had
or secured.
C.
Manner of Affixing. All handbills or signs shall be free standing
and not attached to utility poles, signs, traffic signs, or similar
structures.
D.
Size. The area of one side of any posted sign shall not exceed two
square feet.
E.
Removal. All handbills or signs must be removed from place or places
where posted within 24 hours after sale has ended.
[Ord. 06-08, 9/11/2006, § 4; as amended by Ord.
17-03, 3/27/2017]
1.
Penalty. Any person who shall violate any of the provisions of this
Subpart, 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 Subpart continues
or each section of which shall be found to have been violated shall
constitute a separate offense.
2.
Equity. In addition to the penalty provisions aforesaid, nothing
herein contained shall preclude the Board of Supervisors of New Hanover
Township from commencing, in the name of New Hanover Township, an
action within the Court of Common Pleas of Montgomery County, or such
other court as may be deemed appropriate, seeking to enjoin any person
from violating the terms of this Subpart or any portion thereof, or
seeking to abate a nuisance.
