[HISTORY: Adopted by the Board of Commissioners of the Township of South Fayette as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-12-2018 by Ord. No. 5-2018]
This article may be cited as the "South Fayette Township Truth in Advertising Ordinance."
As used in this article, 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.
- COMMERCIAL ESTABLISHMENT
- 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.
- GROUP LIVING FACILITY
- Any facility where two or more individuals reside in separate quarters under a common roof structure who may or may not receive assistance with everyday activities.
- Any group or persons associated together for religious, benevolent, cultural, scientific, political, patriotic or other purposes.
- PUBLIC OR PRIVATE RESIDENCE
- This Truth in Advertising Ordinance shall extend to all public and private residences in developments constructed in the Township of South Fayette.
Every commercial establishment, nonprofit organization, nonprofit corporation, school, church, public club, social or fraternal organization, private club, recreational facility, amusement facility, healthcare facility, group living facility, municipal and other governmental agency, or any other organizations physically located within the Township of South Fayette that places advertisements in newspapers, circulars, television, radio, internet and in any form 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 identify the location of the establishment as being located in the Township of South Fayette.
Every commercial establishment, nonprofit organization, nonprofit corporation, school, church, public club, social or fraternal organization, private club, recreational facility, amusement facility, healthcare facility, group living facility, municipal and other governmental agency, or any other organizations which uses or references the name of another municipality in any signage affixed to real property must also identify the property as being located in the Township of South Fayette by affixing the words "South Fayette Township" on each visible sign face. The words "South Fayette Township" must be a minimum of 1/3 the size of the name of the establishment, organization, facility or development. The minimum size of the "South Fayette Township" lettering shall be six inches in height.
No trees, shrubs, plants and natural and man-made obstructions of any kind shall be planted or placed in such a manner in front of the sign so that the words "South Fayette Township" are obscured from view at any time.
The penalty for violating this Truth in Advertising Ordinance 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 Code Enforcement Officer for the Township shall be responsible for enforcement of this article and may institute proceedings before the district magisterial office within this Township for any violation of this article. The Township Solicitor shall be authorized to petition the Court of Common Pleas for injunctive relief for any violation of this article.
If any sentence, clause, section, or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality, or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this article. It is hereby declared as the intent of the Township Commissioners that this article would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
All ordinances or parts of ordinances conflicting with the provisions of this article are hereby repealed insofar as they are inconsistent with this article, except that the repeal shall not affect or prevent the prosecution or punishment of any person or any act done or committed in violation of any ordinance hereby repealed, prior to this article taking effect.