[HISTORY: Adopted by the Board of Supervisors
of the Township of Birmingham 12-3-1990 by Ord. No. 90-08. Amendments noted where
applicable.]
[Added 6-5-1995 by Ord. No. 95-01]
As used in this chapter, the following terms
shall have the meanings indicated:
A poster or sign displayed for the purposes of profit as
its chief aim and intent.
[Added 11-20-1995 by Ord. No. 95-11]
Not erected or placed on the plot of land applicable to the
announcement advertisement or publication.
[Added 11-20-1995 by Ord. No. 95-11]
Any person who shall engage in peddling or soliciting, respectively,
as herein defined.
The selling or offering for sale of any goods, wares, merchandise
or services for immediate delivery which the person selling or offering
for sale carries in traveling or has in possession or control upon
any of the streets or sidewalks or from house to house within the
Township.
A large printed notice or announcement, often illustrated,
posted to advertise or publicize something or someone for commercial
advertising, which shall include temporary placards and notices.
[Added 11-20-1995 by Ord. No. 95-11]
A board or placard displayed to convey information or a direction
for commercial advertising, which shall include real estate, commercial
and advertising publications.
[Added 11-20-1995 by Ord. No. 95-11]
The seeking or taking of contracts or orders for any goods,
wares, merchandise or services for future delivery or for subscriptions
or contributions upon any streets or sidewalks within the Township.
A person who engages or proposes to engage temporarily in
merchandising business in the Township and occupies a room, building,
tent, lot, stand or other premises for the purpose of selling, trading
or bartering goods, wares or merchandise.
[Amended 6-5-1995 by Ord. No. 95-01]
It shall be unlawful for any person to engage
in peddling or soliciting or to act as a transient merchant in the
Township of Birmingham without a permit to conduct such activity.
[Amended 11-20-1995 by Ord. No. 95-11]
Any person(s) not exempt by § 82-8 hereof, desiring to obtain a permit to engage in the activities described in § 82-2 hereof, shall make application in person to the Township Police Department. Person(s) shall complete the application in whole and shall honestly answer all questions on the application. The application shall be accompanied with a fee as provided by resolution of the Board of Supervisors.[1] Upon receiving the application for a permit by the Township
Police Department, the Township of Birmingham shall have 10 working
days to verify the information upon the application.
[1]
Editor's Note: The current Fee Schedule is
on file in the office of the Township Secretary.
Every person to whom a permit has been issued
shall, in the carrying on of business or activities in the Township,
comply with the following rules of conduct:
A.
Each permittee or agent of a permittee shall carry
a copy of the permit at all times and exhibit it to any person upon
request.
B.
The permittee shall not permit any other person to
have possession of the permit and shall immediately notify the Township,
in writing, of its loss. The person shall not permit the permit to
be altered or defaced.
C.
The permittee shall not enter or attempt to enter
any dwelling, house, business or industry without invitation or permission
of the occupant and shall immediately leave any premises upon request.
D.
The individual shall not use the permit as an endorsement
for the individual or any goods or services.
E.
The approved vendor, employee or agent thereof shall
engage in the business activity between 9:00 a.m. and 9:00 p.m. only.
[Amended 9-10-2018 by Ord. No. 18-01]
F.
The approved vendor shall not throw or discard any
paper, debris or other such items upon the roadways, highways or other
places in Birmingham Township. The vendor shall provide trash containers
for this purpose, and they shall be emptied in an approved container.
G.
All mobile vehicles for the purpose of vending shall
have suitable trash containers upon them and be so marked. All vehicles
shall clearly bear the markings and identifications of the vendor.
All vehicles used shall display a copy of the permit in clear view
as not to violate any motor vehicle law of the Commonwealth of Pennsylvania.
All vehicles used in business shall be registered upon the permit.
H.
An approved vendor, employee or agent thereof shall
not conduct business in such a way as to violate any provisions of
the Pennsylvania Vehicle Code (75 Pa.C.S.A. § 101 et seq.),
the Township Code, or in such a manner as to create a dangerous or
hazardous condition for members of the public upon the streets and/or
rights-of-way within the Township.
[Amended 9-10-2018 by Ord. No. 18-01]
I.
An approved vendor shall immediately surrender the
permit upon revocation and notification of revocation of said permit
as herein provided.
[Amended 6-5-1995 by Ord. No. 95-01]
Any permit issued may be revoked or removed by the Township upon failure of the permittee to comply with the standards set down in §§ 82-3 and 82-4 or any other circumstance that may present a hazard to the safety and welfare of the public or upon finding that the application has been found to be falsely filled out. Notice of revocation or removal shall be given at the time of such action.
Any person whose application has been denied
or whose permit has been removed shall be entitled to appeal this
decision. The appeal shall be in writing and shall be directed to
the Birmingham Township Board of Supervisors.
Authority to enforce the provisions of this
article shall be granted to the Birmingham Township Board of Supervisors
and the Township Chief of Police.
The following persons are exempted from the
requirements of this article:
A.
Persons soliciting contributions in behalf of organizations
or nonprofit corporations exempt from the provisions of or duly registered
pursuant to 10 P.S. § 162.1 et seq., as amended, who, while
soliciting, are possessors of a card or otherwise written evidence
of their appointment or authority to solicit for said organization
or corporation.
[Amended 6-5-1995 by Ord. No. 95-01]
B.
Persons who are engaged in making surveys for collecting
information for the federal, state, school district, county or Birmingham
Township government or agency as appointed by these governments to
conduct this activity. All those conducting this activity shall have
in their possession and displayed an identification card at all times
when in the process of actually conducting this activity.
C.
Any person or individual that is merely proselytizing for either
religious or political purposes, distributing religious or political
handbills at no cost, or exercising the right to anonymous religious
or political speech without soliciting any funds and without selling
any goods or soliciting for contributions.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[Amended 6-5-1995 by Ord. No. 95-01; 7-1-1996 by Ord. No. 96-08; 4-21-1997 by Ord. No. 97-05; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person who shall violate any provision of
this article shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense.
[Added 11-20-1995 by Ord. No. 95-11]
A.
Any person, firm, association, partnership, corporation or entity desiring to engage in or carry on the posting of posters, erections of signs or distribution of posters, signs or other articles for commercial advertising purposes, as defined herein, shall be subject to the application requirements and review standards as set forth in §§ 82-2 and 82-3 respectively. In addition, such applicants shall further describe in detail the posters and signs or other items to be erected or distributed and the area to be covered by distribution. This information, as well as that set forth in § 82-3, shall be taken into account by the Township Police Department in the determination as to whether to issue such permit.
B.
If issued, the permit shall allow the poster or signs
to be erected or posted for a total of 10 days. The 10 days shall
be specified in the permit application and permit.
[Amended 4-5-2010 by Ord. No. 10-02]
The regulations as set forth in § 82-4 shall also apply to the persons, firms, associations, partnerships, corporations or similar entities whose activity is regulated by this article.
A.
No poster or sign shall be posted or sign erected
on any street sign, traffic control device, structure, shade tree
or any public building, property or structure, except as may be required
by law.
B.
Every such poster or sign posted or erected in conformity
with this article shall be removed before the expiration of the license
therefor, unless the license is properly renewed before expiration.
C.
All such posters or signs posted or erected in conformity
with this article shall be tied on securely, and in no event shall
any poster or sign having an adhesive backing be posted or erected
on any surface.
D.
Each and every sign erected pursuant to this article
shall be limited to placement upon the lot where the sale or event
is to occur, and not more than one sign shall be placed on each road
frontage.
A.
The fee for a license shall be determined as per the
fees resolution.
B.
Organizations or nonprofit corporations exempted from
the provisions of or duly registered pursuant to the Solicitation
of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et
seq., as amended, and recognized political organizations conducting
political campaigns are exempt from the license fee imposed by this
section. All other requirements set forth in this article shall apply.[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[1]
Editor's Note: Former Subsection B, pertaining to surety bonds,
was repealed 4-5-2010 by Ord. No. 10-02. This ordinance also provided
for the redesignation of former Subsection C as Subsection B.
C.
Any person or individual that is merely proselytizing for either
religious or political purposes, distributing religious or political
handbills at no cost, or exercising the right to anonymous religious
or political speech without soliciting any funds and without selling
any goods or soliciting for contributions are exempt from the license
fee imposed by this section.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[Amended 7-1-1996 by Ord. No. 96-08; 4-21-1997 by Ord. No. 97-05; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
Any person who shall violate any provision of
this article shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense.
