[HISTORY: Adopted by the Board of Commissioners of the Township
of South Fayette as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-12-2018 by Ord. No. 5-2018]
This article may be cited as the "South Fayette Township Truth
in Advertising Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
Any offer, intended for general distribution to the public
or to a specific group of persons, to provide information or to place
goods or services into the stream of commerce, by or on behalf of
a person or entity who deals in goods or services or otherwise by
his occupation holds himself or herself out as having knowledge or
skill peculiar to the practices or goods involved in the transaction
or to whom such knowledge or skill may be attributed by his or her
employment of an agent or broker or other intermediary who by his
or her occupation holds himself or herself out as having such skill.
An enterprise, activity, profession or any other undertaking
of an incorporated or unincorporated nature conducted for profit or
ordinarily conducted for profit, whether by a person, partnership,
corporation, association or any other entity. This term shall include
a person, partnership, corporation, association, institution or other
entity employing one or more persons for a salary, wage, commission
or other compensation.
Any facility where two or more individuals reside in separate
quarters under a common roof structure who may or may not receive
assistance with everyday activities.
Any group or persons associated together for religious, benevolent,
cultural, scientific, political, patriotic or other purposes.
This Truth in Advertising Ordinance shall extend to all public
and private residences in developments constructed in the Township
of South Fayette.
Every commercial establishment, nonprofit organization, nonprofit
corporation, school, church, public club, social or fraternal organization,
private club, recreational facility, amusement facility, healthcare
facility, group living facility, municipal and other governmental
agency, or any other organizations physically located within the Township
of South Fayette that places advertisements in newspapers, circulars,
television, radio, internet and in any form of media whatsoever developed,
or in any other way or form communicates its location to the general
public, other than specifying the general street address or mailing
address, shall identify the location of the establishment as being
located in the Township of South Fayette.
Every commercial establishment, nonprofit organization, nonprofit
corporation, school, church, public club, social or fraternal organization,
private club, recreational facility, amusement facility, healthcare
facility, group living facility, municipal and other governmental
agency, or any other organizations which uses or references the name
of another municipality in any signage affixed to real property must
also identify the property as being located in the Township of South
Fayette by affixing the words "South Fayette Township" on each visible
sign face. The words "South Fayette Township" must be a minimum of
1/3 the size of the name of the establishment, organization, facility
or development. The minimum size of the "South Fayette Township" lettering
shall be six inches in height.
No trees, shrubs, plants and natural and man-made obstructions
of any kind shall be planted or placed in such a manner in front of
the sign so that the words "South Fayette Township" are obscured from
view at any time.
The penalty for violating this Truth in Advertising Ordinance
shall be $500 per occurrence, plus the court costs of prosecuting
the violation. Each such publication of an advertisement in violation
shall be deemed a separate violation. For advertisements in violation
that are broadcast electronically, each such broadcast shall be deemed
a separate violation The Code Enforcement Officer for the Township
shall be responsible for enforcement of this article and may institute
proceedings before the district magisterial office within this Township
for any violation of this article. The Township Solicitor shall be
authorized to petition the Court of Common Pleas for injunctive relief
for any violation of this article.
If any sentence, clause, section, or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality, or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this article. It is hereby declared as the intent of the
Township Commissioners that this article would have been adopted had
such unconstitutional, illegal or invalid sentence, clause, section
or part thereof not been included herein.
All ordinances or parts of ordinances conflicting with the provisions
of this article are hereby repealed insofar as they are inconsistent
with this article, except that the repeal shall not affect or prevent
the prosecution or punishment of any person or any act done or committed
in violation of any ordinance hereby repealed, prior to this article
taking effect.
