[HISTORY: Adopted by the Board of Supervisors of the Township of
Hamilton 5-2-1989 by Ord. No. 42. Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Transient Retail
Business and Yard Sale Ordinance of Hamilton Township."
A.
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(2)
The following words when used in this chapter shall have
the following meanings ascribed to them in this section, except in those instances
where the context clearly indicates otherwise:
Any natural person, partnership, association, firm or corporation.
Includes the following:
Engaging in peddling, canvassing, soliciting or taking orders, either
by sample or otherwise, for any goods, wares or merchandise, upon any street
or alley, sidewalk or public ground, or from house to house, within the Township
of Hamilton; and
Selling, soliciting or taking orders for any goods, wares or merchandise,
from a fixed location within the Township of Hamilton, on a temporary basis,
which shall include, but shall not be limited to, such activities conducted
at the time of special occasions or celebrations, for seasonal purposes, or
for or in advance of specific yearly holidays.
B.
In this chapter, the singular shall include the plural,
the plural shall include the singular, and the masculine shall include the
feminine and the neuter.
[Amended 3-6-1990 by Ord. No. 44]
A.
No person shall engage in any transient retail business
within the Township of Hamilton without first having obtained from the Township
Secretary/Treasurer a license, for which a fee as set from time to time by
resolution of the Board of Supervisors, which shall be for the use of the
Township, shall be paid.
(1)
Provided, no license fee shall be charged under this
section:
(a)
To resident farmers selling their own produce at their residence;
or
(b)
For the sale of goods, wares and merchandise donated
by the owner thereof, the proceeds of which are to be applied to any charitable
or philanthropic purpose; or
(c)
To any manufacturer or producer in the sale of bread
and bakery products, meat and meat products, or milk and milk products; or
(d)
To residents of Hamilton Township holding a yard sale, garage
sale or other similar sale of their personal belongings at their residence;
provided, that no such sale shall last longer than three consecutive days
and no household in Hamilton Township shall hold more than two yard sales
per year.
(2)
But all persons exempt hereby from payment of the license
fee shall be required to register with the Township Secretary/Treasurer and
to obtain a license without fee.
B.
Provided, further, any person dealing in one or more
of the hereinabove mentioned exempted categories, and selling other goods,
ware or merchandise not so exempted, shall be subject to the payment of the
license fee fixed by this section for his activity in connection with the
sale of goods, wares and merchandise not in such exempted categories.
C.
Provided, further, the Township Secretary/Treasurer may
similarly exempt from payment of the license fee, but not from registering
with him, persons working without compensation and selling goods, wares and
merchandise for the sole benefit of any nonprofit corporation.
D.
Provided, further, every license issued under the provisions
of this chapter shall be issued on an individual basis to persons engaging
in such business; every individual shall obtain a separate license, issued
to him in his name, and the license fee hereby imposed shall be applicable
to every such individual license.
Every person desiring a license under this chapter shall first make
application to the Township Secretary/Treasurer for such license. If such
person shall also be required to obtain a license from any commonwealth or
county officer he shall, when making such application, exhibit a valid license
from such commonwealth or county officer. The applicant shall give:
A.
His name and address;
B.
His previous criminal record, if any;
C.
The name of the person by whom he is employed;
D.
The type of goods, wares and merchandise he wishes to
deal with in such transient retail business;
E.
The length of time for which such license is to be issued;
F.
The type and license number of the vehicle to be used
by him in such transient retail business, if any; and
G.
The location(s) he shall be conducting business at.
[Added 3-6-1990 by Ord. No. 44]
[Amended 3-6-1990 by Ord. No. 44]
Upon receipt of the application and prescribed fee, the Township Secretary/Treasurer
shall immediately transmit the application to the Township Police Department,
which Department shall, without delay, take such action as may be necessary
to verify the identity and character of the applicant, and to verify the statements
and information contained in the application. Upon completion of its investigation,
the Police Department, if it is satisfied that the applicant is of good character,
and that his business is legitimate, and that there exists at the business
location adequate off-street parking to insure the safety of all customers
and that the conducting of business at the stated location does not constitute
a traffic hazard, shall endorse its approval upon the application. If not
so satisfied, the Police Department shall endorse its disapproval upon the
application, and its reasons for disapproval.
The Township Secretary/Treasurer, upon receipt of any application under
this chapter from the Police Department, shall immediately notify the applicant
of the action of that Department, and if the application shall have been approved,
the Township Secretary/Treasurer shall forthwith issue a license in accordance
with the application.
Every license holder shall carry such license upon his person, if engaged
in a transient retail business from house to house or upon any street, alley,
sidewalk or public ground, or shall display such license at the location where
he shall engage in such business if doing so at a fixed location. He shall
exhibit such license, upon request, to all police officers, Township officials
and citizens or residents of the Township.
No person engaged in any transient retail business shall:
A.
Sell any product or type of product not mentioned in
his license;
B.
Hawk or cry his wares upon any street, alley, sidewalk
or public ground; nor use any loudspeaker or horn or any other device for
announcing his presence by which the public is annoyed;
C.
When selling from a vehicle, stop or park such vehicle
upon any street or alley in the Township for longer than necessary in order
to sell therefrom to persons residing in the immediate vicinity;
D.
Park any vehicle upon any street or alley in the Township
for the purpose of sorting, rearranging or cleaning any of his goods, wares
or merchandise or of disposing of any cartons or wrapping material or of any
stock of wares or foodstuffs which may have become unsaleable through handling,
age or otherwise;
E.
Engage in any such business, on a house-to-house basis,
at any time on Sunday, or any other day of the week at any time before 8:00
a.m. or after 5:00 p.m., except on advance appointments or as specifically
allowed in the license;
F.
Go in or upon any private residence in the Township without
having been requested or invited to do so by the owner or occupant of such
residence;
G.
Occupy any fixed location upon any of the streets, alleys,
or sidewalks of the Township for the purpose of conducting any transient retail
business, with or without any stand or counter.
The Police Department shall supervise the activities of all persons
holding licenses under this chapter. The Township Secretary/Treasurer shall
keep a record of all licenses issued hereunder and shall make a report thereof
each month to the Township Board of Supervisors.
The Township Secretary/Treasurer is hereby authorized to suspend or
revoke any license issued under this chapter when he shall deem such suspension
or revocation to be beneficial to the health, safety or morals of the Township
and its inhabitants, or for violation of any provision of this chapter, or
for giving false information on the application for the license hereunder.
[Amended 12-3-1996 by Ord. No. 75]
Any person who violates or permits a violation of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding commenced
by the Township before a District Justice, pay a fine of not more than $600,
plus all court costs, including reasonable attorney's fees, incurred by the
Township in the enforcement of this chapter. No judgment shall be imposed
until the date of the determination of the violation by the District Justice.
If the defendant neither pays nor timely appeals the judgment, the Township
may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized to
seek equitable relief, including injunction, to enforce compliance herewith.
Hamilton Township police officers, or other appropriate officer(s) of Hamilton
Township, shall have the power to enforce the provisions of this chapter.
