The purpose of this article is to regulate commercial sales
within the Township which are temporary or seasonal in nature and
which are not subject to site plan approval by an administrative agency.
Because such activities have an impact upon the Township's zone
plan but are not subject to the more rigorous provisions contained
in the Township's Land Development Ordinance, the Council finds it necessary to impose certain standards
to protect the health, welfare and safety of its residents.
As used in this article, the following terms shall have the
meanings indicated:
ENFORCEMENT OFFICIAL
The Director of Planning shall be the enforcement official.
Authority to issue violation notices shall also rest with the Township
Health Officer, Zoning Officer and any member of the Township Police
Department.
TRANSIENT MERCHANT
A merchant or vendor who chooses a specific location within
the Township upon which to erect or park a cart, tent, wagon, truck
or stand from which to engage in merchandising, with the intent to
return to the same location each day. This category shall include
temporary stands established for the purpose of selling vegetables,
fruit or other farm products; food trucks and wagons; Christmas trees;
and any nonperishable goods. A transient merchant must not have a
vested interest in the location and must have the written permission
from the owner(s) of the location to conduct the sale of the intended
products.
[Added 4-24-2018 by Ord.
No. 16-2018]
Notwithstanding the provisions of this article, all licensing and registrations requirements contained in Chapter
294, Article
I, of the Township Code shall apply to all temporary merchants. No permit shall be issued to conduct sales as a temporary merchant unless the applicant satisfies the conditions of this article and secures a temporary merchant certificate from the Director of Planning.
All exemptions contained in Chapter
294, Article
I, of the Township Code shall apply to this article.
Any applicant denied a permit to operate as a temporary merchant
may appeal to the Mayor and the Township Council who shall have the
authority to approve said permit upon suitable findings.
All temporary merchants shall be subject to the provisions of
this article upon applying for a permit or following the expiration
of any existing permit or license in place at the time of the enactment
of said article.
Any party who fails to comply with the provisions of this article
shall be notified in writing by the enforcement official and shall
remedy the violation within 24 hours of receipt of the written complaint.
Any party who violates the provisions of this article, including a
temporary merchant or owner of record of an affected property, shall
each, upon conviction thereof, be liable to a fine not to exceed $500
or imprisonment for a term not to exceed 90 days, or both such fine
and imprisonment. Each and every day such violation continues shall
be deemed a separate and distinct violation.