[HISTORY: Adopted by the Board of Supervisors of the Township of Unity 5-25-1984 by Ord. No. 52584; amended in its entirety 10-12-2017 by Ord. No. O-8-2017. Subsequent amendments noted where applicable.]
Definitions. As used in this chapter, the following words and terms shall have the meanings hereby ascribed thereto as follows:
- FOOD TRUCK
- A vehicle, trailer or other large vehicle equipped with facilities for cooking and selling food. For purposes of this chapter a person operating a food truck from various locations on public or private roads for the purpose of selling ice cream, soft drinks or other consumables to individuals along the roadside (e.g., an "ice cream truck"), shall be treated as a peddler; provided, however, that no food truck engaged in peddling activities shall be permitted to go from house to house within the Township and shall be restricted to operating from the roadway and selling consumables at roadside. For purposes of this chapter, a person operating a food truck from a fixed location on public or private property for the purpose of selling food, drinks or other consumables to persons at that location, shall be treated as a transient retail merchant and shall be treated as a restaurant (take-out) for zoning purposes.
- Any person engaging in peddling within the Township of Unity.
- Engaging in selling any goods, wares, food or merchandise for immediate delivery upon any of the streets, sidewalks, roadways or from house to house within the Township of Unity; peddling shall not include the erection or placement of any temporary tent, stand or other fixture within any road right-of-way or upon any lot or parcel of ground unless said tent, stand or other fixture shall fully comply with the provisions of Chapter 118, Zoning, of the Code of the Township of Unity hereof.
- Any person, corporation, business entity, group or firm.
- SOLICITING and CANVASSING
- The taking of orders for goods, wares or merchandise, including, but not limited to, subscriptions for magazines or other printed matter, and the obtaining of contracts from house to house within the Township of Unity by any person without a permanent place of business in the Township of Unity.
- SOLICITOR or CANVASSER
- Any person engaging in soliciting or canvassing within the Township of Unity.
- TRANSIENT PERSON
- Includes any natural person, partnership, association, firms or corporation.
- TRANSIENT RETAIL MERCHANT
- A merchant who engages in the vending or sale of goods, wares, food or merchandise at any place in the Township of Unity temporarily and does not intend to become and does not become a permanent merchant of such place; or any person, whether principal or agent, who shall hire, lease or occupy any storeroom, building or other premises in the Township of Unity for a period of less than six months for the sale of or taking of orders for any goods, wares, food or merchandise. Such merchant shall not operate or offer sales from any temporary tent, stand or other fixture within any road right-of-way or upon any lot or parcel of ground unless said tent, stand or other fixture shall fully comply with the provisions of Chapter 118, Zoning, of the Code of the Township of Unity hereof.
Word usage. In this chapter, the singular shall include the plural and the masculine shall include the feminine and the neuter.
Nothing in this chapter shall be construed to apply to (A) farmers selling their own produce on their own property; (B) the sale of goods, wares, food and merchandise donated by the owners thereof; (C) where the proceeds from the sales are to be applied to any charitable or philanthropic purpose; or (D) to any church, nonprofit or other governmental or quasi-governmental agency as part of a fair, carnival or event sponsored and conducted by such church, nonprofit or other governmental or quasi-governmental agency on its property.
No person shall engage in peddling, soliciting, canvassing and no person shall act as a transient retail merchant within the Township of Unity without first having obtained a license from the Ordinance Officer. No such license shall be issued until the fee herein prescribed, which shall be for the use of the Township, shall have been paid nor until all other provisions of this chapter and any other ordinance within the Township are complied with.
License fees for peddlers, solicitors and canvassers, and transient retail merchants, shall be in such amounts as shall be set forth in a resolution duly adopted by the Board of Supervisors of Unity Township.
It shall be unlawful for any person who shall have obtained a license under this chapter to continue to engage in peddling, soliciting or canvassing or to act as a transient retail merchant, as the case may be, after the expiration of a license, without first having obtained an extended or new license and having paid the prescribed fee therefor depending upon the period of time for which such license shall be desired.
Any person desiring a license under this chapter shall apply in advance of the need thereof at the office of the Township and to the Ordinance Officer of the Township. Along with the application, the applicant must provide:
A written description of the area where the business is to be conducted.
Written permission from the landowner for the temporary occupancy of such area.
The name of the party responsible for the area in which the license applies.
Payment of the fee hereto required.
Where required, proof of licensure or approval by any other federal, state or local agency with jurisdiction to regulate the activity for which the license is sought.
Following receipt of such application, the Township Ordinance Officer may cause an investigation to be made as a check upon the information presented upon the application and the Ordinance Officer need not issue the license until the completion of such investigation. Such waiting period, however, shall not in any case exceed five days.
Where any person shall claim that he intends to become a permanent retail merchant in the Township who would otherwise be classified as a transient retail merchant or who intends to conduct business in excess of the six-month period required herein, such person shall then be called upon to comply with all of the other ordinances of the Township of Unity for conducting a business within the Township.
It shall be unlawful for any peddler, solicitor, canvasser or transient retail merchant to occupy any fixed place upon any of the streets, roads, roadways, alleys, parks or other public or private property or places within Unity Township, whether or not using a stand, without first obtaining a license as provided herein. No peddler, solicitor, canvasser or transient retail merchant shall utilize for any purpose any temporary tent, stand or other fixture within any road right-of-way or upon any lot or parcel of ground unless said tent, stand or other fixture shall fully comply with the provisions of Chapter 118, Zoning, of the Code of the Township of Unity hereof. Any such location must have adequate parking provided as required in Chapter 118, Zoning, of the Code of the Township of Unity, and no sign shall be placed along the highway except a sign permitted under Chapter 118, Zoning, of the Code of the Township of Unity in the immediate area where the activity is being conducted. The sign must meet all sign regulations of the Township of Unity and shall not in any way obstruct the line of vision of any vehicular traffic along any roadway.
The licensee shall be responsible for the maintenance and care of the area for which the license is obtained and shall keep same clean and clear of all debris at all times the license is in effect. Upon on vacating the area, the licensee shall clean the area and return the premises to a condition at least as good as the condition when the activity began.
In order to ensure that the area occupied by the transient retail merchant is returned to its original condition and to certify that it would be free from debris of any form upon vacating the area, a bond in the amount of $250 in the form of a certified check or money order, made payable to the Township of Unity, shall be posted with the Township Treasurer. The bond will be returned after inspection by the Township Ordinance Officer and the area vacated is certified to be clean and returned to a satisfactory condition.
Upon granting a license under this chapter, the Township Ordinance Officer shall prepare and issue a license in duplicate. One copy shall be retained in the files of the Township, the other shall be kept by the holder thereof either on his person or in the vehicle or on the premises used by him in the course of the activity authorized by such license. Every holder of a license under this chapter shall exhibit his copy of such license upon request to any officer, employee or citizen requesting to see the same.
Any person affected by this chapter and dissatisfied with a decision of the Ordinance Officer may appeal to the Court of Common Pleas of Westmoreland County within 30 days after the date the decision of the Township Ordinance Officer is issued.
Any person violating any provision of this chapter shall, upon conviction thereof by the District Justice in a summary criminal proceeding, be punishable by a fine of not less than $500 nor more than $1,000, together with the costs of prosecution and reasonable attorneys' fees, or in default of payment thereof, by imprisonment for not more than 30 days. Each day's violation shall constitute a separate enforceable offense.
Notwithstanding the foregoing penalty, Unity Township may, if it deems it appropriate, proceed with any other action at law or in equity, including, but not limited to, an injunction to issue, either preliminarily or otherwise, or to have a court of competent jurisdiction issue a restraining order against any person or other entity from a violation or violations of the within chapter. The Township shall be entitled to recover all counsel fees, costs and expenses incurred by the Township in the prosecution of any such action.