[HISTORY: Adopted by the Board of Commissioners of the Township of Wilkins 1-27-1997 by Ord. No. 895. Amendments noted where applicable.]
This chapter may be cited as the Wilkins "Truth in Advertising Ordinance."
As used in this chapter, 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.
- COMMERCIAL ESTABLISHMENT
- 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.
Every commercial establishment, that places advertisements in newspapers, circulars, television, radio and in forms 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 not identify the location of the commercial establishment as being located in a municipality other than the Township of Wilkins unless the advertisement or communication conspicuously identifies the location of the commercial establishment as within the Township of Wilkins.
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 Township Solicitor, upon the express direction of the Board of Commissioners or a designee thereof, shall be authorized to petition the Court of Common Pleas for injunctive relief for any violation of this chapter.
The Code Enforcement Officer shall be responsible for the enforcement of this chapter. From time to time, the Code Enforcement Officer shall review and monitor such advertising to determine that the commercial establishments are complying with the provisions herein. When the Code Enforcement Officer determines that a commercial establishment has not complied with this chapter, he/she shall institute proceedings before a District Justice for the violation of this chapter.