[HISTORY: Adopted by the Board of Supervisors
of the Township of New Garden 4-3-2006 by Ord. No. 165. Amendments noted where applicable.]
[Amended 12-20-2021 by Ord. No. 253]
This chapter is adopted to regulate the distribution
or sale of certain materials, food or merchandise, peddling, soliciting
and related activities within the Township of New Garden. The registration
of persons engaged in the above-mentioned activities is required so
that the identity of persons going door to door, selling food or merchandise,
or distributing materials within the Township may be established,
so that general regulations may be more effectively enforced for the
protection and maintenance of the health, safety and welfare of the
inhabitants of the Township and to prevent dishonest business practices
and dishonest solicitations of funds in the Township.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person who distributes or causes to be distributed on
any street or public place within the Township any handbill, advertisement,
circular, card, pamphlet or printed material of any kind other than
a regularly delivered newspaper, magazine or periodical.
A motorized vehicle, which may, upon issuance of a permit
by the Township and conformance with the regulations established by
this chapter, temporarily park within a parking lot, park or upon
a publicly dedicated street or area, to engage in the service, sale
or distribution of ready-to-eat food for individual portion service
to the general public, directly from the vehicle. This term shall
include trucks and trailers used for food vending.
[Added 12-20-2021 by Ord. No. 253]
All goods, wares, food, meat, fish, ice cream, fruit, vegetables,
magazines, periodicals, printed materials, farm products, services
and orders or contracts for services, home improvements or alterations
and anything that may be sold or distributed by peddlers, solicitors
or distributors, as defined herein.
A ready-to-eat food service, which is operated from a temporary,
nonpermanent structure (such as a trailer, shed or other nonpermanent
structure on a property, except for a tent which is not permitted)
as an accessory to an existing principal use on a property. Restaurant
operations not deemed to be nonpermanent must comply with all provisions
of the New Garden Township Zoning Ordinance.[1] All other structures must be preapproved by the Township.
[Added 12-20-2021 by Ord. No. 253]
Any person, whether a resident of the Township or not, who
goes from house to house, from place to place or from street to street
traveling by foot, automotive vehicle or any other type of conveyance,
carrying or transporting merchandise for the purpose of selling and
delivering the merchandise to customers. The word "peddler" shall
also include the words "hawker," "huckster" and "transient merchant."
Any natural person, corporation, partnership, joint venture,
sole proprietorship, firm, association, and any other entity of whatever
type.
Any person, whether a resident of the Township or not, who
goes from house to house, from place to place or from street to street
traveling by foot, automotive vehicle or any other type of conveyance,
soliciting, taking or attempting to take orders for the sale of merchandise
or services of any kind for future performance or delivery, whether
or not he is collecting advance payments on such sales or orders,
or who engages in these types of activities in any street or other
public place. The word "solicitor" shall also include the word "canvasser"
or any person who goes from door to door, as described above, for
the purpose of soliciting contributions and/or who collects funds
from a stationary location on any street or other public place.
[Amended 12-20-2021 by Ord. No. 253]
It shall be unlawful for any peddler, solicitor,
distributor, food truck, nonpermanent restaurant operation, or transient
merchant to sell, offer for sale or distribute merchandise, printed
material or services within the Township without first filing an application
for registration and obtaining a permit from the Board of Supervisors
or its designee.
[Amended 9-18-2017 by Ord. No. 224]
Upon obtaining a registration certificate as hereinafter provided, a peddler, solicitor, distributor or transient merchant may conduct his activities within the Township only as long as he adheres to the regulations set forth herein and carries his registration certificate upon his person at all times during the conduct of his activities. The registration certificate shall identify the person and the type of activity for which he has registered and shall be shown to any police officer or citizen upon request. All certificates shall expire on the date shown thereon, but in no case shall any certificate be issued for a period of time of more than three months. Any applicant seeking to renew their certificate shall follow the procedures for applying for a new certificate, as delineated in § 130-5.
[Amended 9-18-2017 by Ord. No. 224]
A.
Every applicant for a certificate under this chapter shall file with
the Board of Supervisors or its designee a sworn, written application
on a form to be furnished by the Township, which shall give or be
accompanied by the following information or documents:
(1)
The name and description of the applicant.
(2)
The permanent home address and full local address of the applicant.
(3)
A brief statement of the nature of the activity and a description
of the merchandise or service to be sold or performed.
(4)
If employed, the name and address of the employer, together with
credentials establishing the exact relationship.
(5)
The length of time for which the certificate is desired.
(6)
If a vehicle is to be used, a description of such vehicle, the operator's
license number, the vehicle registration number and the vehicle license
number.
(7)
A statement as to whether the applicant has been convicted of any
crime, misdemeanor or violation of any municipal ordinance, the nature
of the offense and the punishment or penalty assessed therefor.
(8)
A criminal background check from the Commonwealth of Pennsylvania,
and the state of residence of the applicant if the applicant is not
a resident of the Commonwealth of Pennsylvania, that has been obtained
within the preceding 30 days.
(9)
Two passport-sized photographs of each applicant taken within six
months of application.
B.
In the case of solicitation of contributions, one person shall make
application for the organization, at least 30 days prior to the proposed
date the solicitations will begin, which application shall give or
be accompanied by the following:
(1)
The name and local address of the applicant.
(2)
The name and address of the organization represented and the names
and addresses of the organization's legal officers and managers.
(3)
The purpose of the soliciting.
(4)
The name and address of the person or persons who will be in direct
charge of conducting the solicitation.
(5)
A list of names and addresses of all sponsors, promoters and solicitors
connected with the solicitation.
(6)
An outline of the methods to be used in conducting the solicitation.
(7)
The dates when the solicitation is to be made, giving the commencement
and termination dates.
(8)
A statement as to whether or not any commission, fee, wage or other
compensation is to be paid in connection with such solicitation and,
if so, details as to the amount to be expended from the funds collected.
C.
If the information submitted by the applicant discloses his or her
prior conviction of any crime other than minor traffic violations,
or if the Southern Chester County Regional Police Department knows
or has reasonable grounds for believing the applicant to be of questionable
character, then the issuance of a license shall be deferred and the
applicant required to apply in person to the Board of Supervisors.
The decision of the Board of Supervisors regarding the granting or
withholding of a license under such conditions shall be final.
The fee to be paid in conjunction with the issuance
of registration certificates pursuant to this chapter, payable at
the time that the application is made, shall be as set by resolution
of the Board of Supervisors. Such fees are imposed for the purpose
of defraying the costs of administering and enforcing the provisions
of this chapter.
A.
Upon receipt of the completed application form and
payment of the fee herein required, a registration certificate shall
be issued by the Board of Supervisors or its designee. The certificate
shall give such information as shall be deemed necessary to adequately
identify the registrant and the activity in which he is involved.
The expiration date of the registration certificate shall in all cases
be indicated.
B.
In the case of solicitation of contributions, the
certificate shall be issued to the organization, which shall supply
each of its agents or solicitors with credentials, in a form approved
by the Board of Supervisors or its designee, giving the name of the
solicitor, the name of the sponsoring organization, the purpose for
which the solicitation is being made, the signature of the managing
officer of the organization, the date during which the solicitation
is authorized to be made and the number of the registration certificate
issued to the organization by the Township.
C.
Except as provided in Subsection B above, where an organization has several agents peddling, soliciting or distributing merchandise or printed material, each agent shall be registered separately. Upon expiration of a certificate, a new certificate may be issued upon compliance with all the provisions of this chapter.
No person shall:
A.
Peddle, solicit or distribute merchandise except between
the hours of 9:00 a.m. and 9:00 p.m., Monday through Saturday (with
the exception of religious societies or organizations), unless specifically
having been invited into a house by the occupant or having made an
appointment with a person previously.
B.
Attempt to peddle, solicit or distribute merchandise
or printed material without first having identified himself as a peddler,
solicitor or distributor registered with the Township and having displayed
his certificate or credentials.
C.
Have exclusive right to any location in the public
streets or operate in any congested area where his operations might
impede or inconvenience the public.
D.
Enter or attempt to enter the residence of any person
in the Township without an express invitation from the occupant of
such residence.
E.
Conduct himself in such a manner as to become objectionable
or to annoy an occupant of any residence.
F.
Shout, cry out, blow a horn, ring a bell or use any
sound-making or -amplifying device upon any of the streets, parks
or public places of the Township or upon private premises where sound
of sufficient volume is emitted or produced therefrom to be capable
of being plainly heard upon the streets, avenues, parks or other public
places of the Township or upon private premises for the purpose of
attracting attention to any merchandise or services.
G.
Distribute obscene merchandise or printed material
or that which advocates unlawful conduct.
H.
Litter the street, public places or properties within
the Township with any merchandise or printed material.
I.
Violate any motor vehicle law of the Township or the
Commonwealth of Pennsylvania.
The following persons or organizations are exempt
from the payment of fees upon compliance with all other provisions
of this chapter and submission of applicable identification and documents
to support the claim of exemption:
A.
Any charitable or religious society that shall conduct
solicitations or sales of personal property when the proceeds thereof
shall be applied to the payment of the expenses thereof and to the
charitable or religious object for which the society exists.
B.
Any person engaged in the delivery of goods, wares
or merchandise or other articles or things, in the regular course
of business, to the premises of the persons who had previously ordered
the same or were entitled to receive the same by reason of a prior
agreement.
C.
Any school, political or civic organization, benevolent
society, service club or organization, not for profit, whose principal
office is located in the Township.
D.
Any person selling fruits and farm products grown
by himself, with or without the help of others, or any person delivering
bread and bakery products, meat and meat products or milk and milk
products.
E.
Persons conducting a bona fide auction sale pursuant
to law or a sale required by statute or by order of any court.
F.
Minors involved in sales or solicitation; provided,
however, that if such minors are working as agents for an organization,
the organization must register as provided herein. Such minor solicitors
must carry a copy of the registration certificate at all times.
This chapter shall not be applied so as to occasion
any undue burden upon interstate commerce with respect to any business
or activity referred to herein. It is the intent of the Board of Supervisors
that this chapter be interpreted so as to achieve the primary purpose
of protecting the health, safety and welfare of the inhabitants of
the Township and not to unduly regulate or control the proper conduct
of any business or commercial property.
Any person who violates or permits the violation
of any provision of this chapter shall, upon being found liable thereof
in any criminal enforcement proceeding, pay a fine of not more than
$1,000, plus court costs and reasonable attorneys’ fees, and
may be incarcerated for a period not exceeding 90 days for each and
every violation. Such fine, costs, attorneys’ fees and incarceration,
after being reduced to a final, unappealed judgment, shall be enforced
by the Township pursuant to the applicable Rules of Criminal Procedure.
Each twenty-four-hour period during which failure to comply continues
shall constitute a separate violation. This remedy shall be in addition
to any other lawful remedies available to the Township.
[Added 12-20-2021 by Ord.
No. 253]
The following regulations shall apply to food trucks and nonpermanent
restaurant operations:
A.
Application; permit required. It shall be unlawful for any person
to maintain or operate a food truck or nonpermanent restaurant operation
within the Township without first applying for and obtaining a permit
from the Zoning Officer, subject to compliance with the regulations
in this chapter ("food truck permit"). The food truck permit shall
be valid from the date of issuance for a period of one year (except
to the extent that the same is revoked pursuant to this chapter).
The cost of the food truck permit shall be established by resolution
of the Board of Supervisors.
B.
Food truck and nonpermanent restaurant operation standards. The following
regulations shall apply to food trucks and nonpermanent restaurant
operations:
(1)
An applicant, upon submitting an application for a food truck permit
to the Zoning Officer for his/her review and approval, must also furnish
a copy of the operator and/or owner's:
(a)
Valid driver's license;
(b)
Name and emergency contact information for the applicant;
(c)
Valid insurance certificate of general liability coverage;
(d)
Valid copy of the operation's business license and tax
identification number, including the business name;
(e)
License plate number, make, model and year of the food truck;
(f)
Any licensing and/or permitting required by the Chester County
Health Department;
(g)
A plan depicting the type and location of all structures associated
with a food truck or nonpermanent restaurant operation;
(h)
To the extent that the applicant is not the legal owner of the
property, applicant shall submit written verification signed by the
property owner as to their consent to the application (with the property
owner being listed as the coapplicant on the application); and
(i)
All information and documentation set forth below and as necessary
to establish compliance with the provisions below.
(2)
Food trucks shall be located at least 50 feet from any residential
building and, if parked on public streets, may only be parked in designated
on-street parking areas. In no event shall food trucks be permitted
to encroach into the traveling lanes of the adjacent roadway or to
otherwise impede the safe flow of vehicular or pedestrian traffic.
(3)
Vending may occur only between 8:00 a.m. and 10:00 p.m. food trucks
may not arrive before 7:00 a.m. and must be removed by 11:00 p.m.
each day. Trailers or sheds associated with nonpermanent restaurant
operations are permitted to remain on a property, subject to those
facilities being completely closed and secured, with all food and
materials stored indoors. Such trailers or sheds shall comply with
the provisions of the Township's Zoning and Subdivision and Land
Development Ordinances,[1] if appropriate.
(4)
No more than one nonpermanent restaurant operation shall be permitted
per property. Such operations are permitted only as an accessory use
within nonresidential zoning districts within the Township. The owner
of the underlying property must cosign the application, recognizing
that it is jointly and severally liable for any violations of this
chapter together with the operator.
(5)
Food trucks may not stay parked on the street overnight and must
be removed from the street by 11:00 p.m.
(6)
Trailers and other structures for nonpermanent restaurant operations
shall be setback a minimum of 10 feet from the front, side and rear
boundaries of a property. Such structures may not exceed 25% of the
underlying property. Tents are not permitted to remain overnight.
(7)
In submitting an application for a food truck and/or nonpermanent
restaurant operation, an applicant shall submit a written plan for
the containment and collection of trash, litter and refuse. This plan
is subject to review and approval by the Township. The applicant shall
also supply information acceptable to the Township to establish that
regular trash pickup is being provided for the use (independent of
the trash pickup for the underlying land use), and trash receptacles
containing food shall not be permitted to remain overnight. Trash
shall be removed on a daily basis.
(8)
With respect to nonpermanent restaurant operations, an applicant
must demonstrate that there is adequate provision for accessible,
public restrooms on the subject property.
(9)
All storage and trash containers must be adequately screened from
view from any street or contiguous residential use in compliance.
(10)
With respect to nonpermanent restaurant operations, a minimum
of five parking spaces shall be provided (attributed to the nonpermanent
restaurant operation), together with the required number of handicap
parking spaces provided in the Township Code.
(11)
No outdoor storage or display of food shall be permitted.
(12)
All required Chester County Health Department-issued licenses
and permits must be valid and posted in a visible location on or within
the food truck and within nonpermanent restaurant operations at all
times.
(13)
No vending is permitted within 15 feet of a fire hydrant.
(14)
No vending shall be permitted within 200 feet of the following:
(a)
A building containing a restaurant;
(b)
A building with a hauler's license or permit issued by
the Chester County Health Department;
(c)
Any other mobile food facility, unless permission is granted
by the Township in conjunction with a permitted special event. No
more than one mobile food facility is permitted per property, unless
granted permission by the Township in conjunction with a permitted
special event.
(15)
No vending is permitted on private property or on public streets
within any residential zoning districts in the Township.
(16)
A person in charge must be present at the food truck and nonpermanent
restaurant operation vending site at all times. The person in charge
must be responsible for all aspects of the operation's compliance
with this section and other applicable Township regulations.
(17)
Food trucks may only be open to and may only serve customers
from the side of the truck facing the sidewalk. Food trucks are prohibited
from operating with their trucks/service windows open to the roadway.
(18)
No tanks, generators or other equipment shall be placed within
the public road right-of-way.
(19)
Temporary signs used as part of the food truck or nonpermanent
restaurant operation shall not exceed eight square feet and shall
not block any sidewalks or impede any vehicular, biking or pedestrian
traffic or paths. A limit of one sign per road frontage is permitted.
All signage for food trucks and nonpermanent restaurant operations
shall comply with the New Garden Township Zoning Ordinance.[2]
(20)
Awnings and canopies associated with any food truck shall be
at least seven feet above any public sidewalk.
(21)
Food trucks and nonpermanent restaurant operation vending operations
are subject to any and all applicable Township Code requirements.
(22)
No component of a food truck or nonpermanent restaurant operation
shall impede the proper operation of stormwater management facilities.
