[HISTORY: Adopted by the Board of Supervisors of the Township
of Lower Gwynedd 8-28-2012 by Ord. No. 487.[1] Amendments noted where applicable.]
STATUTORY REFERENCES
Power to regulate transient retail merchants — See
2nd Class Secs. 702-XXXIX, 1801, 1802
Restrictions on licensing — See
2nd Class Secs. 1811 et seq.
GENERAL REFERENCES
Fees — See Section 208.01(c).
[1]
Editor's Note: This ordinance also repealed former Ch. 850,
Peddlers and Canvassers, passed 10-21-1958 by Ord. No. 31, and provided
an effective date of 1-1-2012.
As used in this chapter, the following terms shall have the
meanings indicated:
- PEDDLER/SOLICITOR
- Any person who shall engage in peddling/soliciting as herein defined. The words "peddler" and "solicitor" shall include the words "vendor," "street vendor," "hawker" and "huckster," and other such words carrying or conveying the same meaning and understanding and addressing the same activities described thereby.
- PEDDLER/SOLICITOR (NONPROFIT/EXEMPT)
- Any person representing a governmental agency, charitable, educational, religious or political organization or any association incorporated in accordance with or subject to the provisions of the Commonwealth of Pennsylvania, Department of State, Bureau of Charitable Organizations, for the purpose of soliciting membership, money and/or property by or on behalf of a nonprofit/exempt organization, cause, candidate or viewpoint.
- PEDDLING (COMMERCIAL)
- 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 in traveling or has in his possession or control upon any of the streets or sidewalks, from house to house or from a fixed location within the Township on a temporary basis.
- SOLICITING (COMMERCIAL)
- The seeking or taking of contracts or orders for any goods, wares or merchandise for future delivery or for services performed for the homeowner by a private individual or for-profit corporation, upon any of the streets or sidewalks, from house to house within the Township, including the door-to-door delivery of business advertisements that do not require direct contact with residents.
- TRANSIENT SALES (INSIDE AND OUTSIDE)
- Inside transient sales shall consist of selling, offering for sale or taking orders for sale inside any mall or other commercial establishment within the Township's borders. Outside transient sales shall consist of peddling, soliciting, selling, offering for sale or taking orders for sale at any outdoor place, on a seasonal/temporary basis, within the limits of private property with the permission of the property owner, provided that said private property is zoned for commercial use and that said seasonal/temporary use meets the requirements of Part Twelve (Planning and Zoning Code), Title Six (Zoning).
Any and all peddlers/solicitors are prohibited from entering
upon any property that is posted with a "No Peddling" and/or "No Soliciting"
sign and may be prosecuted for trespassing.
It is unlawful for any person(s) to engage in peddling, soliciting
or transient sales within the Township without a valid permit issued
by the Township, except if said person(s) represents an exempt organization.
All peddlers/solicitors/transient vendors shall, when conducting business
activities in the Township, comply with the following rules of conduct:
(a)
Carry official identification such as a driver's license at
all times and furnish it upon request of any person to whom the peddler/solicitor
is attempting to peddle.
(b)
Peddlers/solicitors shall not enter or attempt to enter any dwelling
house or place of business without invitation or permission of the
occupant and shall immediately leave the premises upon request.
(c)
Peddlers/solicitors shall only engage in peddling/soliciting within
the Township between the hours of 9:00 a.m. and 9:00 p.m. Monday through
Friday and 9:00 a.m. and 5:00 p.m. on Saturdays. No soliciting is
permitted on Sundays and federal/state legal holidays.
(d)
Peddlers/solicitors/transient vendors shall not call out or shout
to sell services or goods, nor shall the peddler use any loudspeaker,
horn, music or other device or vehicle that uses such devices.
(e)
Peddlers/solicitors/transient vendors shall not occupy by standing
in person, with or without a stand, cart, or similar fixtures, upon
any fixed location or along any of the alleys, sidewalks, streets
or any other public right-of-way in the Township.
(f)
Peddlers/solicitors/transient vendors shall not park any vehicle
upon or along any of the streets or sidewalks of the Township for
the purpose of advertising, displaying and selling of merchandise.
(g)
Peddling/soliciting is permitted at Township parks and playgrounds
only on a contracted basis with the Township.
(h)
Peddlers/solicitors/transient vendors shall not peddle/solicit on
private property without permission of the property owner.
(i)
Peddlers/solicitors/transient vendors shall not cut across or walk
upon any lawn, front yard or courtyard except upon sidewalks, walkways
or driveways, if such sidewalks, walkways or driveways are provided.
(j)
It shall be unlawful for any person to peddle, solicit or conduct
transient sales or attempt to peddle, solicit or conduct transient
sales at a place of residence at any entrance other than the main
entrance of the residence.
(k)
Peddlers/solicitors/transient vendors who are offering any food for
sale, or using any mobile food unit that requires a license from the
Montgomery County Health Department, must provide said license when
applying for a Township permit.
(l)
Peddlers/solicitors of home improvement services who are required
to comply with any state legislation must provide proof of compliance
with said legislation when applying for a Township permit.
(a)
Any person or business desiring to engage in peddling/soliciting
within the Township must first obtain an application from the Police
Department. Upon completion of the application, the Police Department
may require such additional information as the Chief of Police deems
appropriate, including but not limited to, fingerprinting, photograph,
prior criminal record, name of employer and the type of peddling/soliciting
being made to the public.
(b)
All peddling/soliciting/transient vendor permits shall be issued
by the Police Department and shall be exhibited in clear view by the
peddler/solicitor at all times. Permits shall not be altered. No permit
can be transferable from one person to another, and there may be a
five- to seven-business-day waiting period between application and
issuance of a permit.
(c)
A separate application shall be filed and a separate permit fee shall
be paid by each person who shall actually conduct the peddling/soliciting
and shall apply where an employer desires to secure permits for his
employees, agents or representatives.
(d)
Permit fees may be waived for any person or business whose primary
place of business is in the Township and pays a business privilege
and/or mercantile tax to the Township.
Fees for peddling/soliciting/transient vendor permits shall
be set, from time to time, by separate resolution of the Lower Gwynedd
Township Board of Supervisors.
(a)
The Chief of Police is hereby authorized to revoke or suspend any
permit issued under this chapter for any violation of any of the provisions
of this chapter, or for giving false information upon any application
for a permit. The Chief of Police is further authorized to refuse
a permit to any person whom the Chief deems could present a threat
of harm or danger to the citizens of Lower Gwynedd Township. When
a permit is revoked, no other permit shall be issued to the same applicant
within one year of the date of revocation.
(b)
An applicant may appeal, in writing, a decision by the Chief of Police
to the Township Manager.
Any person or commercial entity that has violated or permitted
the violation of the provisions of this chapter shall, upon conviction
before a Magisterial District Judge, be subject to a penalty of not
less than $200 nor more than $600, plus costs of prosecution and,
in default of payment of such fine and costs, to imprisonment not
to exceed 30 days, or both such fine and imprisonment. Each day that
a violation continues may be regarded as a separate offense and punishable
as such.
(a)
Persons and organizations, their employees, agents and representatives
who engage in door-to-door soliciting/peddling on behalf of nonprofit/exempt
organizations and causes that are in compliance with the provisions
set forth by the Commonwealth of Pennsylvania, Department of State,
Bureau of Charitable Organizations, are exempt from the requirement
to obtain a permit and to pay any fee to solicit.
(b)
All persons, organizations, their employees, agents and representatives
who engage in door-to-door soliciting/peddling on behalf of nonprofit/exempt
organizations and causes are required to provide proof of their nonprofit/exempt
registration if requested by the Township.
(c)
All persons, organizations, their employees, agents and representatives
who engage in door-to-door soliciting/peddling on behalf of nonprofit/exempt
organizations and causes are required to adhere to all other provisions
of this chapter.
Special exemptions to this chapter may be granted by the Township
Manager for community or Township-sponsored events.
