[Ord. 475, 4/14/2010]
As used in this Part, the following terms shall have the meanings
indicated:
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 advertisement
that do not require direct contact with residents.
Inside transient sales shall consist of selling, offering for sale or taking orders for sale inside any mall or other commercial establishment within the Borough'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 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.
[Ord. 475, 4/14/2010]
1.
It shall be unlawful for any person or group to engage in peddling,
soliciting or transient sales within the Borough of Red Hill without
a valid permit issued by the Borough Secretary, or other Borough official
in the absence of the Secretary, except, if said person or group represents
an exempt organization. All commercial peddlers, solicitors and transient
vendors shall, when conducting business activities in the Borough,
comply with the following rules of conduct:
A.
Prominently display the permit at all times on the upper left shoulder
and furnish the permit upon request to any person whom the commercial
peddler, solicitor and/or transient vendor is attempting to peddle
or solicit.
B.
Peddlers, solicitors and/or transient vendors 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.
C.
Commercial peddlers, solicitors and/or transient vendors shall only
engage in peddling/soliciting within the Borough between the hours
of 10:00 a.m. and 7:00 p.m., Monday through Sunday. No soliciting
is permitted on Red Hill Days.
D.
Commercial peddlers, solicitors and/or transient vendors shall not
call out or shout to sell services or goods, nor shall they use any
voice amplification system.
E.
Commercial peddling, soliciting and/or transient vending is not permitted
in Borough parks and/or playgrounds.
F.
Commercial peddlers, solicitors and/or transient vendors shall not
peddle or solicit on private property without permission of the property
owner.
G.
Commercial peddlers, solicitors and/or transient vendors 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.
H.
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.
I.
Commercial peddlers, solicitors and/or transient vendors who are
offering any food for sale or using any mobile food unit that requires
a permit from the Montgomery County Health Department must provide
said permit when applying for a Borough permit.
J.
Commercial peddlers or 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 Borough permit.
2.
A copy of the foregoing rules shall be provided to each person or
group upon the issuance of any permit.
[Ord. 475, 4/14/2010]
1.
Application. Any person or group who shall engage in peddling, soliciting
or transient sales within the Borough of Red Hill shall first apply
for and obtain either a daily, weekly or seasonal permit from the
Borough Secretary, or other Borough official in the absence of the
Secretary, at the Red Hill Borough Building, 56 West Fourth Street,
Red Hill. No permit shall cover more than a six-month period from
the date of first issuance and more than one such period in any calendar
year.
2.
Information Required for Application. Each person or group applying
for a permit shall provide to the Borough Secretary his or her name,
address, telephone number and the name, address and telephone number
of the organization or other legal or quasi-legal entity which he
or she represents, and the same shall be entered in a log book which
the Borough Secretary shall maintain for that purpose. A current photo
ID is necessary before the permit will be issued.
3.
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 required under § 13-103.2,
pay the required fee, and enter into a solicitation permit agreement
substantially similar to the Agreement attached as Appendix K.[1] When such person or group has provided to the Borough
the required information, paid the required fee for a permit, and
executed a solicitation permit agreement, the Borough Secretary, or
other Borough official in the absence of the Secretary, shall issue
to such person or persons comprising the group the permit requested,
with all portions thereof complete.
[1]
Editor's Note: Appendix K is attached to Ord. 475 and on file
in the office of the Borough Secretary.
4.
Permit Not Transferable. No permit issued to any person or group
under the provisions of this Part shall be transferable.
[Ord. 475, 4/14/2010]
1.
Daily Permit Fee; Validity. The fee for a daily permit shall be as
adopted by resolution of Borough Council. A daily permit shall be
valid on the date for which the permit is issued during the hours
set forth in § 13-102.1C. Such date shall be prominently
displayed on the permit.
2.
Weekly Permit Fee; Validity. The fee for a weekly fee shall be established
by resolution of Borough Council. A weekly permit shall be valid on
each day up to the expiration date thereof during the hours set forth
in § 13-102.1C. The expiration date shall be prominently
displayed on the permit.
3.
Seasonal Permit Fee; Validity. The fee for a seasonal permit shall
be established by resolution of Borough Council. Such fee shall be
paid to the Borough on or before the first day of any month for which
the permit shall be applicable. A seasonal permit shall be valid on
each day up to the expiration date thereof during the hours set forth
in § 13-102.1C. The expiration date shall be prominently
displayed on the permit.
4.
Group Permit Fee; Validity. A group permit may be issued to any group
to engage in peddling, soliciting or transient sales within the Borough
of Red Hill. A group permit may be daily or weekly, and the fee for
a group permit shall be established by resolution of Borough Council.
A group permit shall contain the name of the organization conducting
the peddling/soliciting/transient sales, the purpose of the organization,
the location where such activity is to be conducted, the duration
of the peddling/soliciting or transient sales, which shall not be
in excess of one week, and the name, address and telephone number
of the person in charge of such activity. A separate application shall
be filed, a separate permit fee shall be paid, and a separate permit
shall be issued to each person who shall actually conduct the peddling/soliciting/
transient sales.
[Ord. 475, 4/14/2010]
Any and all commercial peddlers, solicitors and/or transient
vendors and nonprofit and exempt solicitors and peddlers 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.
[Ord. 475, 4/14/2010]
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. 475, 4/14/2010]
1.
Persons, groups, 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.
All persons, groups, 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 are required to provide
proof of their nonprofit and/or exemption if requested by the Borough.
[Ord. 475, 4/14/2010]
1.
Nonprofit and/or exempt peddlers and solicitors shall only engage
in peddling/soliciting within the Borough between the hours of 10:00
a.m. and 9:00 p.m., Monday through Sunday. No soliciting is permitted
on Red Hill Days.
[Amended by Ord. 2012-490, 5/9/2012]
2.
Nonprofit and/or exempt peddlers and solicitors shall not call out
or shout to sell services or goods, nor shall they use any voice amplification
system.
3.
Nonprofit and/or exempt peddling/soliciting is not permitted in Borough
parks and/or playgrounds.
4.
Nonprofit and/or exempt peddlers and solicitors shall not peddle
or solicit on private property without permission of the property
owner.
5.
Nonprofit and/or exempt peddlers and solicitors 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.
6.
Nonprofit and/or exempt peddlers and solicitors shall not peddle
or solicit or attempt to peddle or solicit sales at any place of residence
at any entrance other than the main entrance of the residence.
7.
Nonprofit and/or exempt peddlers and solicitors who are offering
any food for sale or using any mobile food unit that requires a permit
from the Montgomery County Health Department must provide said permit
when applying for a Borough permit.
[Ord. 475, 4/14/2010]
Any person or group who or which has violated or permitted the
violation of the provisions of this Part shall 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
plus costs 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 and punishable as such.
