[Ord. No. 2023-590, 4/12/2023[1]]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Any person or group engaging in commercial peddling, soliciting
or transient vending as herein defined. The words "peddler," "solicitor"
and "transient vendor" 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.
The selling or offering for sale of any goods, wares or merchandise
for immediate delivery, which the person or group selling or offering
for sale carries with him/her in traveling or has in his/her possession
or control upon any of the streets or sidewalks, from house-to-house
within the Borough of Red Hill or from a fixed location within the
Borough of Red Hill on a temporary basis.
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 person, group or for-profit corporation, upon
any of the streets or sidewalks, from house-to-house within the Borough
of Red Hill, including the door-to-door delivery of business advertisements
that do not require direct contact with residents.
Commercial transient vending shall consist of peddling, soliciting, selling, offering for sale or taking orders for sale at any outdoor place, on a daily, weekly or seasonal basis, within the limits of private property with permission of the property owner, provided that said private property is zoned for the sale of the merchandise being sold and that said daily, weekly or seasonal use meets the requirements of Chapter 27, Zoning.
Any person or group representing a government agency, charitable,
educational, religious or political organization or any association
incorporated 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 and/or exempt organization, cause, candidate
or viewpoint.
Group, business, employers, or other legal or quasi-legal
entity.
Any peddler, solicitor or transient vendor who holds a valid
permit.
[1]
Editor's note: This ordinance also repealed former Ch. 13,
Part 1, Peddling, Soliciting and Transient Sales, adopted by Ord.
475, 4/14/2010, as amended by Ord. 2012-490, 5/9/2012.
[Ord. No. 2023-590, 4/12/2023]
Any person who shall engage in peddling, soliciting or transient
sales within the Borough of Red Hill shall submit a permit application
to the Borough Secretary or other Borough staff in the absence of
the Secretary, at the Red Hill Borough Building, 56 West Fourth Street,
Red Hill at least 24 hours in advance of the date they intend be in
the Borough. No permit shall be valid for more than a seven-day period.
A.
Permit Requirements.
Permit Expiration. Permits expire seven days after date of issuance.
Permit not transferable. No permit issued to any person under
the provisions of this Part shall be transferable.
Issuance. Prior to the issuance of any permit, an applicant must provide to the Borough Secretary or other Borough official in the absence of the Secretary the information and supplementary documentation required under § 13-102B and pay the required fee. Once the fee is paid, the required information and supplementary documentation is provided and the required 24 hours' advance application period is met, the Borough Secretary or other Borough official in the absence of the Secretary shall issue the permit requested, with all portions thereof complete.
Permit Fee. The fee shall be established from time to time by
resolution of Borough Council. The expiration date shall be prominently
displayed on the permit.
B.
Application Procedures. The applicant shall supply the following
information which shall be entered in a logbook maintained by the
Borough Secretary.
1.
Name and address.
2.
Phone number.
3.
Criminal record, if any.
4.
The applicant shall submit a clearance result from a completed Pennsylvania
State Police "Request for Criminal Record Check."
5.
Proof of identify (driver's license, government issued picture
identification or student identification).
6.
Nature of organization.
7.
Description of article(s) to be sold.
8.
Copies of any written materials being distributed to residents.
9.
Address of organization.
10.
Phone number of organization.
11.
Type and registration of vehicle(s) to be used.
12.
Necessary permits for sale of food such as, but not limited to, permits
from Montgomery County Department of Health for operation of mobile
food vending units.
13.
For any applicant selling home improvement services, a copy of documentation
bearing the license number of the Home Improvement Contractor as defined
by the Home Improvement Consumer Protection Act.
[Ord. No. 2023-590, 4/12/2023]
It shall be unlawful for any person to engage in peddling, soliciting
or transient sales within the Borough of Red Hill without a valid
permit unless said person is an exempt solicitor. Each applicant will
be given a copy of the following rules which the applicant will sign
upon the issuance of any permit. All permit holders and exempt solicitors
shall, when conducting business activities in the Borough, comply
with the following rules of conduct:
1.
The permit must be carried at all times and be presented upon request
to any person the permit holder and exempt solicitor is attempting
to peddle or solicit.
2.
The permit holder and exempt solicitor shall not enter or attempt
to enter any dwelling house or place of business without the invitation
or permission of the occupant and shall immediately leave the premises
upon request.
3.
The permit holder and exempt solicitor shall only engage in peddling/soliciting
within the Borough between the hours of 10:00 a.m. 5:00 p.m. Monday
through Sunday.
4.
The permit holder and exempt solicitor shall not call out, shout
or use any voice amplification system to sell services or goods.
5.
The permit holder and exempt solicitor are not permitted in Borough
parks and/or playgrounds.
6.
The permit holder and exempt solicitor shall not peddle or solicit
on private property without permission of the property owner.
7.
The permit holder and exempt solicitor shall not cut across or walk
upon any front lawn, back yard, or courtyard except upon sidewalks,
walkways or private driveways, whenever such sidewalks, walkways or
driveways are provided.
8.
It shall be unlawful for the permit holder and exempt solicitor to
peddle, solicit or conduct transient sales or attempt to peddle, solicit
or conduct transient sales at any entrance other than the main entrance
of the residence.
9.
The permit holder and exempt solicitor who is offering any food for
sale or using any mobile food unit that requires a permit from the
Montgomery County Health Department must carry and present said permit
to residents and Borough Officials upon request.
10.
Any permit holder and exempt solicitor selling home improvement services
must carry proof of licensure under the Home Improvement Consumer
Protection Act and present said license to residents and Borough Officials
upon request.
11.
The permit holder and exempt solicitor 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.
12.
The permit holder shall not represent that his or her permit is an
endorsement of himself or herself or of the goods or services or of
the foods or services of his or her principal or employer.
[Ord. No. 2023-590, 4/12/2023]
Any Borough official is hereby authorized to revoke or suspend any permit issued under this Part for any violation of the provisions of this Part, or for giving false information upon any application for a permit. Any Borough official is further authorized to revoke or suspend any permit for the failure to comply with rules set forth in § 13-102.
[Ord. No. 2023-590, 4/12/2023]
1.
Persons, organizations, their employees, agents, and representatives
who engage in door-to-door soliciting and/or peddling on behalf of
nonprofit and/or 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 peddle
or solicit.
2.
Persons who are exempt from obtaining permits, are requested as a
courtesy to let the Borough office staff know of their presence and
solicitation activity, so that the office is aware, for public information
purposes.
3.
All other provisions of this ordinance shall apply.
[Ord. No. 2023-590, 4/12/2023]
Any person or group who or which has violated or permitted the
violation of the provisions of this Part shall be subject to immediate
suspension of their permit, if any, and must immediately cease and
desist all peddling and soliciting activities as ordered by any Borough
official or other public official with probable cause to believe a
violation has occurred. Upon conviction before the Magisterial District
Judge, violators shall be subject to a penalty of not more than $600
for each violation plus court costs and attorney fees for the Borough,
and in default of payment of such fine and costs, to a term of 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 for
each individual violation and punishable as such.
