[HISTORY: Adopted by the Board of Commissioners of the Township
of Wilkins 1-27-1997 by Ord. No.
895 (Ch. 159 of the 1998 Township Code). Amendments
noted where applicable.]
This chapter may be cited as the Wilkins "Truth in Advertising
Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
Any offer, intended for general distribution to the public
or to a specific group of persons, to provide information or to place
goods or services into the stream of commerce, by or on behalf of
a person or entity who deals in goods or services or otherwise by
his occupation holds himself or herself out as having knowledge or
skill peculiar to the practices or goods involved in the transaction
or to whom such knowledge or skill may be attributed by his or her
employment of an agent or broker or other intermediary who, by his
or her occupation, holds himself or herself out as having such skill.
An enterprise, activity, profession or any other undertaking
of an incorporated or unincorporated nature conducted for profit or
ordinarily conducted for profit, whether by a person, partnership,
corporation, association or any other entity. This term shall include
a person, partnership, corporation, association, institution or other
entity employing one or more persons for a salary, wage, commission
or other compensation.
Every commercial establishment that places advertisements in
newspapers, circulars, television, radio and in forms of media whatsoever
developed or in any other way or form communicates its location to
the general public, other than specifying the general street address
or mailing address, shall not identify the location of the commercial
establishment as being located in a municipality other than the Township
of Wilkins unless the advertisement or communication conspicuously
identifies the location of the commercial establishment as within
the Township of Wilkins.
The penalty for violating this chapter shall be $500 per occurrence,
plus the court costs of prosecuting the violation. Each such publication
of an advertisement in violation shall be deemed a separate violation.
For advertisements in violation that are broadcast electronically,
each such broadcast shall be deemed a separate violation. The Township
Solicitor, upon the express direction of the Board of Commissioners
or a designee thereof, shall be authorized to petition the Court of
Common Pleas for injunctive relief for any violation of this chapter.
The Ordinance Enforcement Officer shall be responsible for the
enforcement of this chapter. From time to time, the Ordinance Enforcement
Officer shall review and monitor such advertising to determine that
the commercial establishments are complying with the provisions herein.
When the Ordinance Enforcement Officer determines that a commercial
establishment has not complied with this chapter, he shall institute
proceedings before a Magisterial District Judge for the violation
of this chapter.
