[Ord. 324, 11/18/2013]
(a)
GOODS
PEDDLER
PEDDLING
PERSON
POLICE CHIEF
RESIDENCE
SOLICITING
SOLICITOR
SPECIAL EVENT
TOWNSHIP
TRANSIENT MERCHANT
TRANSIENT RETAIL ACTIVITY
TRANSIENT RETAIL BUSINESS
(1)
(2)
WARES
As used in this Part 1, the following terms shall have the meanings
indicated:
Any personal property, possessions or movable effects, wares,
foodstuffs, merchandise or services offered for sale, whether or not
displayed.
Any person who goes upon any of the streets or alleys, sidewalks
or public grounds or from house to house, not having been invited
by the occupant or owner thereof, carrying or transporting goods,
wares, merchandise or personal property of any nature and offering
the same for sale. The term "peddler" shall include a street vendor
and a transient merchant.
The selling or offering for sale of any goods, wares, merchandise
or services for immediate delivery, in which the person selling or
offering for sale has the goods, wares, merchandise or services in
his or her possession or control.
Any natural person, association, partnership, firm or corporation.
The Chief of Police of the Lower Heidelberg Township Police
Department, or his designee.
Any separate living unit occupied for residential purposes
by one or more persons, contained within any type of building or structure.
The selling of or attempting to sell goods or services, or
the taking of or attempting to take orders for services or goods to
be performed or furnished in the future. A soliciting transaction
shall not include a sale made pursuant to a preexisting retail charge
agreement; or a sale made pursuant to prior negotiations between the
parties at a business establishment at a fixed location where goods
or services are offered or exhibited for sale; or a sale of realty
in which transaction the purchaser is represented by a licensed attorney
or in which the transaction is being negotiated by a licensed real
estate broker.
Any person who goes upon any of the streets or alleys, sidewalks
or public grounds or from house to house, not having been invited
by the occupant or owner thereof, for the purpose of taking or attempting
to sell or take orders for the sale of goods, merchandise, wares,
or other personal property of any nature for future delivery, or for
services to be performed in the future.
Any occasion, including but not limited to a fair, festival,
show, exhibition or Township-wide celebration, taking place within
a specifically designated area of the Township for a period of time
not to exceed seven days, and for which a sponsor is the licensee
for all designated transient retail businesses, merchants, and vendors
permitted to conduct such activities as part of the occasion.
Lower Heidelberg Township.
A person who engages or proposes to engage temporarily in
merchandising business and occupies a room, building, tent, lot, stand
or other premises for the purpose of selling, trading or bartering
goods, wares or merchandise.
Any activity conducted by a peddler, vendor, solicitor, or
transient merchant in his or her conduct of a transient retail business.
Engaging in peddling, canvassing, soliciting and taking orders,
either by sample or otherwise, for any goods, wares or merchandise,
upon any of the streets or alleys, sidewalks or public grounds or
from house to house in the Township; and/or
Selling, vending, soliciting or taking orders for any goods,
wares or merchandise from a fixed location in the Township on a temporary
basis, which shall include, but shall not be limited to, such activities
conducted at the time of special events or celebrations, for seasonal
purposes or for or in advance of specific yearly holidays.
Articles of merchandise or manufacture, including, but not
limited to, intangible items such as services or products of artistic
or intellectual creativity.
(b)
In this section, the masculine shall include the feminine and the
neuter; the singular shall include the plural; and the plural shall
include the singular.
[Ord. 324, 11/18/2013]
(a)
It shall be unlawful to engage in any transient retail activity within
the Township without first obtaining a license from the Lower Heidelberg
Township Police Department.
(b)
No license shall be required for the following:
(1)
The sale of farm products by a person farming land, provided that
at least half of all products sold must be produced on the premises.
(2)
Insurance and real estate agents and brokers licensed by the Commonwealth
of Pennsylvania.
(3)
That the solicitor is on the property by invitation of the person
residing on such premises.
(4)
Sales made to dealers by commercial travelers or sales agents in
the usual course of business, calling upon or dealing with manufacturers,
wholesalers, distributors or retailers at their places of business.
(6)
Representatives and members of Boy Scouts of America, Girl Scouts
of America, Rotary, Lions, Kiwanis, Disabled American Veterans, YWCA
and YMCA, Red Cross, Salvation Army and other national and international
service organizations and associations existing for the benefit of
young, aged, handicapped or stricken persons and soliciting or selling
for the purpose of self-perpetuation and which may be registered as
charitable organizations with the state or federal government.
(7)
School children selling goods, wares or merchandise where the funds
or proceeds of the sale are to be applied exclusively for a function
or organization sponsored or approved by the school where such children
attend.
(8)
Goods, wares, or merchandise temporarily deposited on the sidewalk
in the ordinary course of delivery, shipment or transfer.
(9)
The placing and maintenance of unattended stands or sales devices
for the sale, display or offering for sale of newspapers, magazines,
periodicals and paperbound books.
(10)
The distribution of free samples of goods, wares and merchandise
by any individual from his person.
(11)
Any sale or distribution permitted by statute or order of a
court of competent jurisdiction.
(c)
No person under the age of 18 shall be permitted to engage in peddling
or soliciting activities except as provided below:
(d)
Any person wishing to conduct a transient retail activity at a special
event shall either be a named vendor of the sponsor of the special
event under the sponsor's license or shall otherwise be individually
licensed as provided for herein. Application for such individual license
shall be made at least 14 days prior to the beginning of the event
for which the license is sought. The individual license shall be valid
only for the duration and operating times of the special event. Fees
for an individual license shall be as established by resolution of
the Lower Heidelberg Township Board of Supervisors. Peddling, soliciting
and other forms of transient retail activity are prohibited at special
events without a license.
[Ord. 324, 11/18/2013]
Every person, authorized sponsor of a person(s), or sponsor
of a special event desiring to engage in any transient retail business
shall submit a written application with the Police Chief, which application
shall show:
(a)
Proof of the identity, including date of birth, photo ID, home address
of the applicant and the name and address of the employer or firm
which such applicant represents;
(b)
A description of the nature, character and quality of the goods,
wares or merchandise to be sold;
(c)
If employed by another, the name, address and telephone number of
the employer, or if acting as an agent, the name, address and telephone
number of the principal who is being represented, with credentials
in written form establishing the relationship and the authority of
the employee or agent to act for the employer or principal, as the
case may be;
(d)
If a motor vehicle is to be used, a description of the vehicle together
with the motor vehicle registration number and the license number;
(e)
If such person shall also be required to obtain a license from any
state or county offices, he or she shall, when making such registration,
exhibit a valid license from such state or county offices;
(f)
A description of the proposed location(s) of the transient retail
activity;
(g)
The hours and location for which the license to engage in transient
retail activity is desired;
(h)
The names of other communities in which the applicant has worked
as a solicitor or peddler in the past 12 months; and if the applicant
was employed by a different company in those communities, the names
of those companies shall also be stated;
(i)
Whether the applicant or any agent of the applicant has been convicted
within the last five years for any criminal offense against persons
or property, theft, breach of the peace or any crime against or involving
a minor;
(j)
A statement as to whether or not the applicant has been convicted
of a felony, misdemeanor or ordinance violation (other than traffic
violations), the nature of the offense or violation, the penalty or
punishment imposed, the date when and place where such offense occurred,
and other pertinent details;
(k)
Proof of a sales tax permit issued by the state or proof that the
goods sold are not subject to such sales tax; and
(l)
Written proof of his authority to represent the company or individual
he states he represents.
[Ord. 324, 11/18/2013]
The application shall be accompanied by a fee in the required
amount, as established by resolution from time to time by the Board
of Supervisors of Lower Heidelberg Township. No license shall be issued
until such fee(s) has/have been paid by the applicant. A separate
license fee shall be paid for each person engaged in a transient retail
business.
[Ord. 324, 11/18/2013]
(a)
A license issued under this Part 1 shall be valid for the length
of time requested, not to exceed 90 days.
(b)
Upon expiration of a license, the solicitor, peddler, merchant or
other person engaged in a transient retail business may apply to the
Police Chief for a license renewal, subject to the same terms, procedures
and conditions at set forth herein for licensing. The application
for license renewal shall be accompanied by a license renewal fee
in the required amount as established by resolution from time to time
by the Board of Supervisors of Lower Heidelberg Township. No renewal
license shall be issued until the application fee(s) has/have been
paid by the applicant for each person engaged in a transient retail
business. No license shall be renewed if there has been a change in
the requested activity, or if the applicant has violated any provision
of this Part 1.
[Ord. 324, 11/18/2013]
(a)
Upon receipt of such application, it shall be referred to the Police
Chief, who shall cause an investigation to be made as to all matters
contained in the application to ensure the protection of the public
health, safety and general welfare.
(b)
The Police Chief shall endorse on such application his or her disapproval
and his reasons for the same and shall notify the applicant that the
application is denied and that no license will be issued if, as a
result of his investigation, the Police Chief determines that:
(1)
The application is incomplete; or
(2)
There has been a misrepresentation of any material fact in the application;
or
(3)
The applicant has been convicted within the last five years of any
criminal offense against persons or property, theft, breach of the
peace or any crime against or involving a minor; or
(4)
The applicant or his proposed activity poses a substantial risk of
injury to the public health, safety or general welfare.
(c)
If, upon investigation of the application, the information contained therein is verified and there is no evidence that the applicant has been convicted of any offense described in Subsection (b) above or that his proposed activity poses a substantial risk of injury to the public health, safety or general welfare, the Police Chief shall approve the application and issue a license addressed to the applicant for the carrying on of the business applied for. The license shall contain the signature and Seal of the Lower Heidelberg Township Police Department and shall show the name and address of the licensee, the kind of goods to be sold thereunder, the area within which the activity will be conducted, the amount of fee paid, the date of issuance and the period for which the same shall be operative, as well as the license number and other identifying description of any vehicle used. The Lower Heidelberg Township Police Department shall keep a permanent record of all licenses issued.
(d)
The Police Chief shall issue or deny such a transient retail business
license to solicit or sell or take orders for such goods, wares, services
or merchandise set forth in the applicant's application within
10 calendar days of the receipt of a completed application and payment
of the prescribed fee.
[Ord. 324, 11/18/2013]
Any person aggrieved by a determination of the Police Chief made under this Part 1 shall have the right of appeal to the Lower Heidelberg Township Board of Supervisors. The appeal shall be taken by filing written notice of appeal with the Chair of the Board of Supervisors within 10 calendar days of the determination by the Police Chief. The notice of appeal shall identify with specificity the grounds for appeal. A hearing on the denial shall be scheduled for the next regular meeting of the Board of Supervisors following the receipt of appellant's notice of appeal. Said hearing shall be held in accordance with the Local Agency Law, Section 5 (2 Pa.C.S.A. § 551 et seq.).
[Ord. 324, 11/18/2013]
(a)
Upon receipt of such application, the Lower Heidelberg Township Police
Department shall issue a license identification badge. Such license
identification badge shall contain the name of the licensee, the license
number, and the date of expiration, the goods, wares or merchandise
to be solicited, together with an identification of any limitation
of area within the Township authorized for the licensed transient
retail business.
(b)
A license identification badge shall be worn by the licensee in such
a way as to be conspicuous at all times while the licensee is engaged
in a transient retail business from house to house or upon any of
the streets, alleys, sidewalks or public grounds.
(c)
A licensee shall display such identification badge or other certificate
issued by the Lower Heidelberg Township Police Department at the location
where he or she shall engage in such business if doing so from a fixed
location. He or she shall display the certificate, upon request, to
all police officers, Township officials and citizens and residents
of the Township.
[Ord. 324, 11/18/2013]
It shall be unlawful for any person while engaged in a transient
retail business to:
(a)
Engage in any such business without first obtaining a license therefor
in compliance with the provisions of this Part 1.
(b)
Engage in a transient retail activity between the hours of 8:00 p.m.
and 8:00 a.m., unless said activity is as a result of a request or
an appointment made by the occupant or such activity is authorized
pursuant to the terms of a license for a special event.
(c)
Knock, ring the doorbell, or otherwise attempt to gain the attention
of the occupant(s) of a building other than at the primary entrance
to the building.
(d)
Knock, ring the doorbell, or otherwise attempt to gain the attention
of the occupant(s) of a residence in the Township where the owner,
occupant, or person legally in charge of the premises has posted at
the primary entrance to the premises, or at the entry to the principal
building on the premises, a sign bearing the words "No Peddlers,"
"No Solicitors," or words of similar import, provided that the provisions
of this section shall not apply to any solicitor, peddler or canvasser
who knocks at any door or rings any bell at the invitation or with
the consent of some member of the household at which he or she so
applied for admission.
(e)
Engage in a transient retail business in an aggressive manner. As
used in this section, "aggressive manner" means either approaching
a person present at a residence or continuing the peddling or soliciting
activity after the person has made a negative response, whether before
or after being invited into the residence, in a manner that:
(1)
Is likely to cause a reasonable person to fear imminent bodily harm
or the commission of a criminal act upon property in a person's
possession or in or about the residence; or
(2)
Is intended to or is likely to intimidate the person into responding
affirmatively to the peddling or soliciting activity.
(f)
Engage in peddling or soliciting activities from any vehicle while
the vehicle is located upon any street, avenue, boulevard or alley
within the Township. This section shall not apply to the delivery
of previously ordered merchandise.
(g)
Misrepresent the purpose of the solicitation.
(h)
Continue efforts to solicit from an individual once that individual
informs the solicitor that he or she does not wish to make a purchase
from the solicitor.
(i)
Represent the issuance of a license issued under this Part 1 as an
endorsement or recommendation of the Township.
(j)
Solicit in the Township without displaying the required license badge
on his person.
(k)
Solicit at locations other than those listed in his or her application
for a license.
(l)
Fail or refuse to display such license identification badge upon
the request of any person demanding the same.
(m)
Duplicate, copy or otherwise display a facsimile of a license badge
issued under this Part 1.
(n)
Engage in any activity that interferes with the safe and convenient
movement of persons and vehicles, creates any hazardous condition
or is detrimental to the public health, safety or general welfare.
[Ord. 324, 11/18/2013]
Unless the license specifically provides otherwise, soliciting,
peddling or taking orders, whether by sample or otherwise, for any
goods, wares or merchandise from house to house in the Township shall
be permitted only between the hours of 8:00 a.m. and 8:00 p.m., Monday
through Saturday.
[Ord. 324, 11/18/2013]
Absent an explicit authorization by the Township for a special
event or circumstance, no solicitor or peddler shall be permitted
to operate:
(a)
On any public space, within 25 feet of any street, intersection or
pedestrian crosswalk.
(b)
Within any parking lot of an existing business that would reduce
the number of parking spaces available for customers of the business.
(c)
Within 25 feet of any loading zone or bus stop, intersection or pedestrian
crosswalk.
(d)
Within 200 feet of another vending location assigned to another vendor
on a public sidewalk.
(e)
In any area within 100 feet of a building entrance or exit or, in
the case of a hotel or motel, within 250 feet of building entrances
or exits.
(f)
On the median strip of a divided roadway.
(g)
Against display windows of fixed-location businesses.
(h)
Any area within 1,000 feet of a hospital, college, university, elementary
school, middle school or high school.
(i)
Within 25 feet of any fire hydrant or fire escape.
(j)
Within 25 feet of any parking space or access ramp designated for
persons with disabilities.
[Ord. 324, 11/18/2013]
No license issued under the provisions of this Part 1 shall
be transferred.
[Ord. 324, 11/18/2013]
The Lower Heidelberg Township Police Department shall monitor
the activities of all persons holding licenses issued under this Part
1 and shall keep a record of all applications issued hereunder.
[Ord. 324, 11/18/2013]
(a)
Licenses issued under this Part 1 may be revoked by the Police Chief
for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for license.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on the business.
(3)
A violation of any of the provisions of this Part 1.
(4)
Conviction of any criminal offense against persons or property, theft,
breach of the peace or any crime against or involving a minor.
(5)
Conducting the business in an unlawful manner or such a manner as
to constitute a breach of the peace or to constitute a menace to the
health, safety or general welfare of the public.
(b)
Any person aggrieved by a decision of the Police Chief to revoke
a license shall have the right of appeal to the Board of Supervisors
of Lower Heidelberg Township. The appeal shall be taken by filing
a written notice of appeal with the Chair of the Board of Supervisors
within 10 calendar days after notice of the decision to revoke the
license. The notice of appeal shall identify with specificity the
grounds for appeal. A hearing on the revocation shall be scheduled
for the next regular meeting of the Board of Supervisors following
the receipt of the notice of appeal. Said hearing shall be held in
accordance with the Local Agency Law, Section 5 (2 Pa.C.S.A. § 551
et seq.).
[Ord. 324, 11/18/2013]
Nothing herein shall be construed to replace, supersede or otherwise
amend any provision or regulation of the Lower Heidelberg Township
Zoning Ordinance, as amended.[1]
[Ord. 324, 11/18/2013]
(a)
Any person who violates any of the provisions of this Part 1 shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$600, together with the costs of prosecution, and, in default of payment
of such fine and costs, to imprisonment for not more than 30 days.
[Ord. 324, 11/18/2013]
All ordinances or parts of ordinances that are inconsistent
herewith are hereby repealed.
[Ord. 324, 11/18/2013]
The provisions of this Part 1 are declared to be severable. If any section, sentence, clause, or phrase of this Part shall for any reason be held to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision(s) shall not affect the validity of any of the remaining sections, sentences, clauses, and phrases of this Part 1. It is hereby declared as the legislative intent that this Part would have been enacted had such unconstitutional, invalid or illegal provision not been included therein.
[Ord. 324, 11/18/2013]
This Part 1 shall take effect and be in force five days after
its enactment by the Board of Supervisors of Lower Heidelberg Township.
