[HISTORY: Adopted by the Board of Commissioners of the Township
of Springfield as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-14-2008 by Ord. No. 1481]
A.
PEDDLER
PEDDLING
PERSON
SOLICITING
SOLICITOR
TEMPORARY BASIS
TOWNSHIP
TRANSIENT RETAIL MERCHANT
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.
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.
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.
B.
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.
A.
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.
B.
The applicant shall supply the following information:
(1)
Name and address.
(2)
Phone number.
(3)
Nature of business or activity.
(4)
Description of article(s) to be sold.
(5)
Proof of identify (driver's license or picture identification).
(6)
Name and address of his employer.
(7)
The length of time and dates of the peddling or solicitation.
(8)
Criminal record, if any.
(9)
Type and registration of vehicle to be used.
C.
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.
D.
The applicant shall submit a clearance result from a completed Pennsylvania
State Police "Request for Criminal Record Check."
E.
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.
(1)
Fraud, misrepresentation or false statements contained in the application
or previous applications.
(2)
Fraud, misrepresentation or false statements made in the course of
the activities conducted under the license.
(3)
Any violation of this ordinance.
(4)
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
Transient retail merchant.
(1)
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.
(2)
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
He shall immediately surrender his license card upon revocation of
his license.
F.
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.
G.
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.
H.
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.
I.
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.
(1)
No bells, whistles, horn or other noise-making device shall be used
for vending purposes.
(2)
No vending shall be permitted from vehicles located on state highways.
(3)
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.
(4)
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.
(5)
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.
J.
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:
A.
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.
B.
Persons who have been licensed by the Commonwealth of Pennsylvania,
who are engaged in real estate, insurance, securities, brokers, agents
and salesmen.
C.
Persons soliciting funds or canvassing for purposes permitted under
the Pennsylvania Election Code.
D.
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.
E.
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.
F.
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.)
G.
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.)
H.
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.
I.
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.
J.
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.[1]
[1]
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.
