[Ord. 71-1, 4/15/1971, § 1]
Any natural persons, association, partnership, firm or corporation.
In this part, the singular shall include the feminine and neuter.
Engaging in peddling, canvassing, soliciting or taking of
orders, either by sample or otherwise, for any goods, wares or merchandise,
upon any of the streets, roads or sidewalks or from house to house
within the Township of New Hanover. Provided, the word "peddling"
shall not apply to: (A) to farmers selling their own produce; (B)
to the sale of goods, wares and merchandise, donated by the owners
thereof, the proceeds whereof 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 or milk products.
[Ord. 71-1, 4/15/1971, § 2]
No person shall engage in peddling in the Township of New Hanover
without first having taken out a license as herein provided.
[Ord. 71-1, 4/15/1971, § 3; as amended by Ord.
17-03, 3/27/2017]
Every person desiring to engage in peddling in the Township
of New Hanover shall first make application to the Board of Supervisors
or its duly authorized agent at the New Hanover Township Building,
2943 North Charlotte Street, Gilbertsville, PA 19525, for a license.
If such person shall also be required to obtain a license from any
County office, he shall, when making such application, exhibit a valid
County license. Upon such application, such person shall give his
name; address; his previous criminal record, if any; the name of the
person for whom he works, if any; the type of goods, wares and merchandise
he wishes to peddle; the length of time for which he wishes to be
licensed; the type of vehicle he uses, if any; the number of helpers
he has. Provided, where a person makes application for himself and
one or more helpers, all applicable personal information specified
above shall be required for helpers. No license issued under this
part shall be transferable from one person to another.
[Ord. 71-1, 4/15/1971, § 4; as amended by Ord.
97-7, 10/13/1997, § 13-104; and by Ord. 17-03, 3/27/2017]
1.
No license shall be issued under this part until the proper fee shall
be paid to the Board of Supervisors or its duly authorized agent,
which shall be for the use of the Township. The fees shall be established
from time to time by resolution of the Board of Supervisors.
2.
Exceptions. No license fee shall be charged:
A.
To farmers selling their own produce on their own property.
B.
For the sale of goods, wares and merchandise, donated by the owners
thereof, the proceeds whereof are to be applied to any charitable
or philanthropic purpose.
C.
To any manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk and milk products.
D.
To children under the age of 18 years who take orders for and deliver
newspapers, greeting cards, candy, bakery products and the like, or
who represent the Boy Scouts or Girl Scouts or similar organizations.
E.
To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania.
F.
To a person who has complied with the provisions of the Charitable
Organizations Reform Act, 10 P.S. § 160-1 et seq., as hereafter
amended, supplemented, modified or reenacted by the General Assembly
of Pennsylvania.
G.
For taking orders for merchandise, by sample, from dealers or merchants
for individuals or companies who pay a license or business privilege
tax at their chief place of business.
|
But all persons exempted hereby from the payment of the license
fee shall be required to register with the Township and obtain a license
without fee; provided, any person dealing in one or more of the above
mentioned exempted categories, and dealing with other goods, wares,
or merchandise not so exempted, shall be subject to the payment of
the license fee fixed by this section for his activities in connection
with the sale of goods, wares and merchandise not in such exempted
categories. Provided, further, the Township may similarly exempt from
payment of the license fee, but not from registering with it, persons
working without compensation and selling goods, wares or merchandise
for the sole benefit of a nonprofit corporation. Provided, further,
every license issued under the provisions of this part shall be issued
on an individual basis to any person or 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, except that a representative of a charitable
organization may obtain licenses for the applicants.
|
[Ord. 71-1, 4/15/1971, § 5]
Upon making application therefor and paying the proper fee,
as herein specified, a license shall be issued to every peddler. Such
license shall contain the information required to be given upon the
application therefor. Every peddler shall at all times when engaged
in peddling in the Township, carry his license upon his person, and
shall exhibit such license, upon request, to all police officers,
Township officials and citizens. No peddler shall engage in selling
any product not mentioned upon such license nor shall any person having
a foot peddler's license operate from or with any horse-drawn
or motor vehicle.
[Ord. 71-1, 4/15/1971, § 6]
No person licensed as a peddler under this part shall engage
in peddling at any time on Sunday or upon any other day of the week
before 9:00 a.m. or after 5:00 p.m.
[Ord. 71-1, 4/15/1971, § 7]
No person, licensed as a peddler under this part, shall hawk
or cry his wares upon any of the roads, streets or sidewalks of the
Township, nor shall be use any load speaker or horn or any other device
for announcing his presence by which the public is annoyed.
[Ord. 71-1, 4/15/1971, § 8]
No person, licensed as a peddler under this part, shall park
any vehicle upon any of the roads, streets or land of the Township
in order to sort, rearrange or clean any of his goods, wares or merchandise;
nor may such person, place or deposit any refuse upon any of such
roads, streets or lands; nor may any such person maintain or keep
a street or curbstone market by parking any vehicle upon any road,
street or lane in the Township for longer than necessary in order
to sell therefrom to persons residing in the immediate vicinity.
[Ord. 71-1, 4/15/1971, § 9]
No person, licensed as a peddler under this part, shall occupy
any fixed location upon any of the roads, streets and lanes or sidewalks
of the Township for the purpose of peddling, with or without any stand
or counter.
[Ord. 71-1, 4/15/1971, § 10]
The Board of Supervisors of the Township of New Hanover or its
authorized agent shall keep a record of all licenses issued under
this part and the Chief of Police shall supervise the activities of
all holders of such licenses.
[Ord. 71-1, 4/15/1971, § 11]
The Board of Supervisors of the Township of New Hanover or its
authorized agent is hereby authorized to suspend any license issued
under this part when it deems such suspension to be beneficial to
the public health, safety or morals, or for violation of any of the
provisions of this part, or for giving false information upon any
application for a license hereunder.
[Ord. 71-1, 4/15/1971, § 12; as amended by Ord.
97-7, 10/13/1997, § 13-112; and by Ord. 17-03, 3/27/2017]
Any person, firm or corporation who shall violate any provision
of this part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $25 nor more than
$1,000 plus costs or such other penalty as may be authorized and imposed
by law. Each day that a violation of this part continues or each section
of this part which shall be found to have been violated shall constitute
a separate offense. Notwithstanding the same, the Township may seek
enforcement by means of request for injunctive relief or other equitable
remedies as may be provided by law in a court of competent jurisdiction.
[Ord. 06-08, 9/11/2006, § 1]
1.
Short Title. This part shall be known as the "Yard Sale and Garage
Sale Ordinance" of New Hanover Township.
2.
Purpose. The purpose of this part shall be to promulgate rules and
regulations that are designed to control and restrict garage and yard
sales in order to protect the public health, safety and convenience
and to restrict such sales to casual and/or occasional occurrences
only. The intent of this part is to eliminate perpetual, prolonged
and extended garage and yard sales in residential areas. Such sales,
if continued indefinitely, tend to become retail businesses in residential
areas and zones and create a nuisance and often violate the zoning
regulations of New Hanover Township. The provisions of this part arise
from the need to limit, regulate, restrict and control garage and
yard sales. It is not the intent of this part to change or amend any
other ordinance of New Hanover Township.
3.
AUCTION
BOARD
GARAGE SALE
PERSON
SALE
YARD SALE
Definitions. Unless otherwise expressly stated, the following words
and phrases shall be constructed throughout this part to have the
meanings herein set forth:
The sale, barter or auction, by public display and/or advertisement
by signs, handbills, circulars or word of mouth, of any items of personalty
shown on the premises of the owner with said sale being conducted
on said premises on a specific date.
The Board of Supervisors of New Hanover Township.
The sale, barter or auction by public display and/or advertisement
by any signs, handbills, or circulars or word of mouth, of any items
of personalty shown on the premises of the owner, with said sale being
conducted on said premises on a specific date.
Includes natural person, individuals, corporations, eleemosynary,
philanthropic, charitable or religious institutions or nonprofit corporations,
home owner associations, unincorporated associations, partnerships
and point ventures, who are owners of real estate within the Township
of New Hanover, their equitable owners, or any agents, servants, workmen
or employees thereof or independent contractors thereof.
Includes "yard sale," "garage sale," "sidewalk sale," "auction,"
"rummage sale," "attic sale" or any other activity by which a person
or persons shall display items of personalty to other persons and
invite the bidding or purchase thereof by said persons.
The sale, barter or auction by public display and/or advertisement
by any signs, handbills, circulars, or word of mouth, of any items
of personalty shown on the premiss of the owner with said sale being
conducted on said premises on the specific date.
[Ord. 06-08, 9/11/2006, § 2]
1.
Limitation of Three Yard Sales. No person shall conduct more than
three yard sales, garage sales or auctions on a specific property
within any calendar year in New Hanover Township.
[Ord. 06-08, 9/11/2006, § 3]
1.
Posting of Handbills or Signs. Any signs or handbills placed within
the Township of New Hanover by persons on his behalf, shall be subject
to the following restrictions:
A.
Time of Placement. The handbills or signs shall not be publicly placed
within the Township any earlier than two days prior to the date scheduled
for sale or auction.
B.
Place of Placement. No handbills or signs shall be placed upon private
property of another without written consent having first been had
or secured.
C.
Manner of Affixing. All handbills or signs shall be free standing
and not attached to utility poles, signs, traffic signs, or similar
structures.
D.
Size. The area of one side of any posted sign shall not exceed two
square feet.
E.
Removal. All handbills or signs must be removed from place or places
where posted within 24 hours after sale has ended.
[Ord. 06-08, 9/11/2006, § 4; as amended by Ord.
17-03, 3/27/2017]
1.
Penalty. Any person who shall violate any of the provisions of this
part, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this part continues
or each section of this part which shall be found to have been violated
shall constitute a separate offense.
2.
Equity. In addition to the penalty provisions aforesaid, nothing
herein contained shall preclude the Board of Supervisors of New Hanover
Township from commencing, in the name of New Hanover Township, an
action within the Court of Common Pleas of Montgomery County, or such
other court as may be deemed appropriate, seeking to enjoin any person
from violating the terms of this part or any portion thereof, or seeking
to abate a nuisance.
