[HISTORY: Adopted by the Board of Commissioners of the Township of Springfield as indicated in article histories. Amendments noted where applicable.]
Article I Peddling and Soliciting
Article II Special Sales
[Adopted 10-14-2008 by Ord. No. 1481]
As used in this ordinance, the following terms shall have the meanings indicated:
- Any person who shall engage in peddling as herein defined.
- The selling or offering for sale of any goods, wares or merchandise for immediate delivery which the person selling or offering for sale carries with him or her in traveling or has in his or her possession or control upon any of the streets or sidewalks, from house-to-house within the Township of Springfield on a temporary basis.
- Any natural person, association, partnership, firm or corporation.
- The seeking or taking of contracts or orders for any goods, wares or merchandise for immediate or future delivery, or seeking contributions of money, property or services, or for services performed for the homeowner by a private individual or for-profit corporation, from house to house within the Township.
- Any person who shall engage in soliciting as hereinabove defined.
- TEMPORARY BASIS
- No more than an aggregate total of 30 days during any one calendar year (i.e., January 1 through December 31), which shall be considered a "temporary basis," if the sale thereof does not exceed an aggregate total of 45 days during any calendar year.
- The Township of Springfield, Delaware County, Pennsylvania.
- TRANSIENT RETAIL MERCHANT
- Any person engaged in a transient retail business in the Township for sale of any merchandise whatsoever, or who acts as a commercial buyer, auctioneer or telephone solicitor of any merchandise whatsoever, and who hires, leases, occupies or uses any room, store, shop, building permanently constructed in an area zoned as an E Business District, SC Shopping Center District or SU Special Use District in the Township of Springfield, as provided in Chapter 143, Zoning Code, of the Township of Springfield.
Word usage. In this ordinance, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
No person shall engage in soliciting or peddling in the Township of Springfield without obtaining a license from the Township Manager or his designee, having registered with the Police Department of Springfield Township and the paying of a license fee, as hereinafter provided.
Any person desiring to obtain a license to engage in soliciting or peddling in the Township of Springfield shall make application therefor to the Township Manager's office.
The applicant shall supply the following information:
Name and address.
Nature of business or activity.
Description of article(s) to be sold.
Proof of identify (driver's license or picture identification).
Name and address of his employer.
The length of time and dates of the peddling or solicitation.
Criminal record, if any.
Type and registration of vehicle to be used.
When a person makes application for himself and one or more helpers, employees or partners, all applicable personal information specified above shall be given for each helper, employee or partner, including required proof of a valid license from any state. An individual license shall be required for each helper, employee or partner. Licenses issued under this ordinance are not transferable from one person to another.
The applicant shall submit a clearance result from a completed Pennsylvania State Police "Request for Criminal Record Check."
Upon receiving an application for a license, the Police Department shall review the application and investigate the applicant. If the investigation indicates that the granting of such license would or might be injurious to the public interest or to the public health, safety or morals of the citizenry, the Township Manager shall have the authority to refuse to issue the license. An application for a license may also be denied or revoked for the following reasons.
Fraud, misrepresentation or false statements contained in the application or previous applications.
Fraud, misrepresentation or false statements made in the course of the activities conducted under the license.
Any violation of this ordinance.
Conducting door-to-door activities in an unlawful manner or in such a manner that constitutes a breach of peace.
No license shall be issued under this ordinance except upon payment of a fee as hereinafter specified, to be paid to the Township Treasurer for the use of the Township, as follows:
All applicants shall pay to the Township a license fee in the amount of $200. In addition, applicants shall pay a license fee of $150 for each employee, helper or partner of the applicant who will be peddling or soliciting.
Where the applicant proposes to use any motor vehicle of any kind to be a traveling store, store-on-wheels, grocer-teria: $350 for each vehicle.
Where application proposes by vehicle to offer for sale any ice cream, water ices or products related or similar thereto normally consumed at the time of purchase: $350 for each vehicle.
Where applicant proposes to vend food products by invitation of the owner within the physical premises of a commercial property, or a construction site during construction operations, for the exclusive purpose of supplying employees thereof, from a vehicle for a period of time not over 30 minutes duration nor more than three times a day, and the vendor has received a health certificate and approval of his facility by the Board of Health: a fee of $350.
Transient retail merchant.
Where the applicant proposes to become a transient retail merchant within the limits of the Township whether as principal or agent, for the sale of any goods, wares or merchandise whatsoever, and/or for the purpose of acting as a commercial buyer of precious metals, jewels or other collectibles, and who hires, leases or occupies a room, apartment, store, shop, suite, hall, building for the exhibition and sale of such goods, ware and merchandise or for the purpose of acting as a commercial: fee of $350 per month.
Where a transient retail merchant occupies an area in an E Business District, SC Shopping Center District or SU Special Use District building, within a court or the halls thereof, which may be occupied only on a daily basis, with or without a stand, table, rack or device, shall pay a fee of $10 a day for each day the area is occupied, with a maximum fee of $350.
Upon making a complete and qualifying application and paying the appropriate fee, as herein specified, a license shall be issued to the applicant. A recent photograph of the applicant shall be filed with said application. The Township Manager may approve said application within 10 days if in conformity with the provisions of the Code of the Township of Springfield or to disapprove if it does not conform and to refuse license therefor.
Transient retail merchants and/or commercial buyers shall at all times post the license in a conspicuous place in the area used for the exhibition and sale of goods, wares or merchandise. Every licensee peddling or soliciting shall at all times, when engaged in the activity in the Township, carry such license upon his person and shall exhibit such license upon request to all police officers, Township officials and residents. A licensee shall not be relieved of meeting the requirements of Township Tax Ordinances.
Each license shall be for the current year, with the exception of the transient retail business license, which shall be on a monthly basis. No abatement of the annual license fee shall be made for any fractional part of a year, other than the annual license fee applied for on or after August 1 of each year, whereupon the said license fee shall be reduced to 1/2 of the original fee. All licenses shall expire on December 31 of the year in which they were issued.
Every person licensed to solicit or peddle in the Township shall report in person on those days on which he or she intends to solicit or peddle and register with the Police Department by signing a registration book, indicating his or her name and license number.
Every person who may be exempt from licensing requirements, is requested, as a courtesy, to register with the Police Department, so that the department be aware, for public information, of his or her presence and activity.
Every person to whom a license has been issued hereunder shall, in the carrying on of his business or activities in the Township, comply with the following rules of conduct.
He shall carry his license at all time and exhibit it upon request to any police officer, Township official or any person upon whom he shall call or with whom he shall talk in carrying on his licensed activities.
He shall not permit any other person to have possession of his license card and shall immediately report its loss to the Police Department. He shall not cause or permit his license card to be altered or defaced.
He shall not enter or attempt to enter any dwelling house without invitation or permission of the occupant and shall immediately leave any premises upon request.
He shall not represent his license card to be an endorsement of himself or of his goods or services or of the foods or services of his principal or employer.
He shall immediately surrender his license card upon revocation of his license.
No licensee shall engage in activities before 9:00 a.m. or 1/2 hour after sunset; provided, however, transient merchants operating in a commercial zone, as distinguished from peddlers and solicitors, may maintain business hours as other permanent merchants in the immediate vicinity.
No person engaged in peddling or soliciting shall occupy any fixed location upon any of the streets, highways, sidewalks or other locations in the Township. No licensee may enter upon any public park, Township property, municipal recreation facility, golf course or municipal off-street parking areas, nor premises of educational institutions for the purpose of peddling or soliciting.
No peddling or soliciting of any goods from a semi-tractor/tractor trailer truck on any street, highway, sidewalk or other locations in the Township.
In addition to the foregoing, all licensees offering for sale any ice cream or frozen food product, water ices, candy, shall observe the following specific requirements.
No bells, whistles, horn or other noise-making device shall be used for vending purposes.
No vending shall be permitted from vehicles located on state highways.
No product shall be sold or dispensed to any child who must cross any street or highway to the vehicle from which products are sold or dispensed unless such child is accompanied by and under the immediate supervisions and protection of an adult and such child is returned across such street or highway in the same manner before such vehicle shall leave the immediate location from which products are sold or dispensed. The driver of such vehicle shall not leave any area in which he has sold or dispensed any product until all empty cartons, paper containers or other waste materials originating from said vehicle have been removed and placed in a container inside said vehicle.
No vending shall be conducted in any area zoned commercial or within 100 yards thereof or within 100 yards of any school, church or public building or park.
No vending shall be conducted within a distance of 75 feet of the radius curve of any street or highway intersection or from any other location, which may obstruct the normal flow of traffic.
No person engaged in soliciting or peddling shall hawk or cry his goods, wares, merchandise, offers, contracts or services upon any of the streets or sidewalks of the Township, nor shall be use any loudspeaker.
The following organizations and activities shall be exempt from the provisions of this ordinance and shall not be required to obtain a license or pay the fee set forth herein. All other provisions of this ordinance shall apply to said persons, organizations or activities. The terms of this ordinance shall not be held to include:
Merchants or their employees delivering goods or services on the regular course of business in soliciting, peddling or offering for sale of bread or bakery products, meat and meat products or milk and milk products by any manufacturer or producer thereof.
Persons who have been licensed by the Commonwealth of Pennsylvania, who are engaged in real estate, insurance, securities, brokers, agents and salesmen.
Persons soliciting funds or canvassing for purposes permitted under the Pennsylvania Election Code.
Authorized persons carrying satisfactory identification engaged in making surveys or collecting information or data for the federal, state, county or Township government or any agency thereof.
Boys or girls, under 16 years of age, residents of Springfield Township, who take orders for and deliver newspapers, greeting cards, candy, and the like.
Persons engaged in interstate commerce selling or soliciting subscriptions, books, magazines or periodicals, including educations, religious and reference materials. (As a courtesy, they are requested to inform the Police Department of their presence.)
Persons engaged in soliciting for religious, educational, fraternal or charitable purposes, where said charitable organization has been approved as a legitimate charity by the Commonwealth of Pennsylvania. (As a courtesy, they are requested to inform the Police Department of their presence.)
Yard sales, garage sales or conducted residential auctions of personal household property or sales of a like nature conducted in connection with a dwelling in a zoned Residence District shall not be deemed to be the conduct of a transient retail business, so long as no more than two such sales of not more than three days each per year are conducted on any parcel or private property.
Person engaged in activities to the benefit of religious, Boy Scout, Sea Scout, Girl Scout, Indian Princess and similar recognized youth activity organizations of the Township.
Any farmer selling exclusively produce grown by him.
A license hereafter issued shall be suspended or revoked at the discretion of the Township Manager or Chief of Police, or his designee, upon the failure of the licensee to comply with the rules of conduct established in § 91-7 hereof or shall prove to be a nuisance or detrimental to the public health, safety or morals of the citizens of the Township.
Ordinance No. 1268, adopted August 11, 1992, is hereby repealed.
Should any section or provision of this ordinance be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity any of the remaining provisions of this ordinance.
[Adopted 11-9-2010 by Ord. No. 1510]
It shall be unlawful for any person in the Township of Springfield, Delaware County, Pennsylvania, to advertise or hold out by any means the sale of any foods, wares, merchandise in a closing-out sale, a sale of goods damaged by fire, smoke or water, or a defunct business sale unless a license is first obtained to conduct such a sale from the Township Manager/Secretary of the Township of Springfield, in which such sale is to be held.
The Township Manager/Secretary and the applicant for a permit shall follow and conduct their operations in accordance with the requirements of the Act of the General Assembly of the Commonwealth of Pennsylvania, No. 217 of July 31, 1963, P.L. 410, which is incorporated herein by reference and made a part hereof as if fully set out in this ordinance.
Editor's Note: See 53 P.S. § 4471-1 et seq.
The applicant for a permit required by said Act 217 of 1963 shall, upon the filing by said applicant, accompany said application with a fee of $50 and, upon the renewal thereof, a fee of $100, which shall be paid to the Township Manager/Secretary and thence paid over to the Township Treasurer for use by the Township, upon the granting of said permit. The applicant shall not be entitled to a refund of the fee paid if said application is reduced, denied or revoked. A bond payable to the Commonwealth of Pennsylvania as provided by the Act shall accompany the application.
The Township Manager/Secretary is hereby authorized to design the application and permit forms and shall determine the adequacy of the contents thereof supplied by the applicant, prior to the issuance of a permit.
The Township Manager/Secretary is hereby authorized to seek the assistance of the Springfield Township Code Enforcement Department employees in the enforcement of this ordinance.
As provided in said Act 217 of 1963, any person violating any provision of this ordinance shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not more than $100 or to imprisonment for a term not exceeding 30 days. Each day any sale is conducted in violation of this ordinance shall be a separate violation of this ordinance. The right to appeal from such conviction shall exist as in other cases of summary procedures.