Township of Washington, PA
Franklin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Washington as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-16-1973 by Ord. No. 43]

§ 240-1 Definitions.

A. 
As used in this article, the following terms shall have the meanings indicated:
PERSON
Any natural person, association, partnership, firm or corporation.
TRANSIENT RETAIL BUSINESS
Includes the following:
(1) 
Selling, soliciting or taking orders for any goods, wares, materials or merchandise, from a fixed location within the Township of Washington, Franklin County, Pennsylvania, on a temporary basis, which shall include but shall not be limited to such activities conducted at the time of special occasions or celebrations, for seasonal purposes, or for or in advance of specific yearly holidays; and
(2) 
Engaging in peddling, canvassing, soliciting or taking orders, either by sample or otherwise, for any goods, wares, materials or merchandise upon any of the streets, roads, alleys, walks or public grounds, or from house to house, within the Township of Washington, Franklin County, Pennsylvania.
B. 
For the purpose of this article, the masculine shall include the feminine and neuter, the singular shall include the plural, and the plural shall include the singular.

§ 240-2 License required.

A. 
No person shall engage in any transient retail business within the Township of Washington, Franklin County, Pennsylvania without first having obtained from the Secretary of the Board of Supervisors of Washington Township, Franklin County, Pennsylvania, a license for which such fee as shall be set from time to time by resolution of the Board of Supervisors, which is to be for the use of the Township of Washington, Franklin County, Pennsylvania, shall be charged;[1] provided, however, no license fee shall be charged under this section, as follows:[2]
(1) 
For the sale of goods, wares, materials and merchandise sold by the owners thereof for the purpose of profit at an event commonly known as a civic or charitable celebration conducted under the auspices or sponsorship of any civic, charitable or philanthropic association. But all persons exempted hereby from payment of the license fee shall be required to register with the Secretary of the Board of Supervisors of Washington Township, Franklin County, Pennsylvania and to obtain a license without fee;
(2) 
For the sale of goods, wares, materials and merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose;
(3) 
To any manufacturer or producer in the sale of bread or bakery products, meat and meat products, or milk or milk products;
(4) 
To farmers selling their own produce.
[1]
Editor's Note: Current Fee Schedule is on file in the Township offices.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
Provided further: Any person dealing in one or more of the hereinabove mentioned exempt categories and selling other goods, wares, materials, and merchandise not exempt shall be subject to the payment of the license fee fixed by this section for his activities in connection with the sale of goods, wares, materials and merchandise not in such exempt category.
C. 
Provided further: The Secretary of the Board of Supervisors of Washington Township, Franklin County, Pennsylvania, shall similarly exempt from payment of the license fee, but not from registering with him, persons working without compensation and selling goods, wares, materials and merchandise for the sole benefit of any nonprofit corporation, and person selling goods, wares, materials and merchandise at an event commonly known as a civic or charitable celebration under the auspices or sponsorship of any civic, charitable or philanthropic association.
D. 
Provided further: Every license issued under the provisions of this article shall be issued on an individual basis to persons engaging in such a business. Each individual shall obtain a separate license, issued to him in his name, and the license fee hereby imposed shall be applicable to every such individual licensed, except, however, that any civic or charitable or philanthropic association conducting or sponsoring an event commonly known as a civic or charitable celebration may apply for such and shall be issued a license which shall apply to all persons selling goods, wares, materials and merchandise at such an event, and any civic, charitable or philanthropic association, conducting or sponsoring such an event shall be exempt from payment of the license fee fixed by this section.

§ 240-3 Application for license.

Every person desiring a license under this article shall first make application to the Secretary of the Board of Supervisors of Washington Township, Franklin County, Pennsylvania, for such license. Every such person required to obtain a license from any federal, state or county officer, shall, when making application, exhibit a validated license from said federal, state or county officer. The applicant shall give his name and address; his previous criminal record, if any; the name and address of the persons by whom he is employed; the type of goods or materials and merchandise he wishes to deal in such retail transient business; the length of time for which such license is to be issued; and the type and license number of the vehicle to be used by him, if any.

§ 240-4 Issuance of license.

Upon receipt of such application and the prescribed fee, the Secretary of the Board of Supervisors of Washington Township, Franklin County, Pennsylvania, if he shall find such application in order, shall file such application with the Board of Supervisors of Washington Township, Franklin County, Pennsylvania, and issue the license required under this article. Such license shall contain the information required to be given on the application therefor. Every license holder shall carry the license upon his person when engaging in transient retail business from house to house or upon the streets, roads, alleys and public grounds, or he shall display such license at the location where he shall engage in such business if doing so at a fixed location. He shall exhibit his license request to all police officers, Township officers or citizens or residents of the Township of Washington, Franklin County, Pennsylvania.

§ 240-5 Prohibited acts.

No person engaging in transient retail business shall:
A. 
Sell any products or type of products not mentioned in his license.
B. 
Hawk or cry his wares, goods, materials and merchandise on any of the streets, roads, alleys, sidewalks or public grounds of the Township of Washington, Franklin County, Pennsylvania.
C. 
When selling from a vehicle, stop or park the vehicle upon any of the streets, roads, alleys or public grounds of the Township of Washington, Franklin County, Pennsylvania, for longer than necessary to sell therefrom or to work the immediate vicinity.
D. 
Park any vehicle upon any of the streets, roads, alleys or public grounds of the Township of Washington, Franklin County, Pennsylvania, for the purpose of sorting, rearranging or cleaning any of his goods, wares, materials or merchandise, or disposing of any cartons, wrapping paper or any food stuff which have become unsellable from handling, age or otherwise.
E. 
Engage in such business at any time on Sunday, or on any other day of the week before 9:00 a.m. and after 7:00 p.m., prevailing time, unless from a fixed location, in which case the time shall be from 9:00 a.m. until 9:00 p.m., prevailing time. Hours may be extended upon receipt of special written permission from the Board of Supervisors of Washington Township, Franklin County, Pennsylvania.

§ 240-6 Duties of Secretary.

The Secretary of the Board of Supervisors of Washington Township, Franklin County, Pennsylvania, shall supervise the activities of all persons holding licenses under this article and shall keep a record of all licenses issued and shall also make a report monthly to the Board of Supervisors of Washington Township, Franklin County, Pennsylvania, of the licenses issued.

§ 240-7 Suspension of license.

The Chief of Police of Washington Township, Franklin County, Pennsylvania, is hereby authorized to suspend any license issued under this article when he deems the suspension to be in the best interest, safety and morals of the residents of the Township of Washington, Franklin County, Pennsylvania, or for violation of any provisions of this article, or for giving false or incomplete information upon any application for a license hereunder. Appeals from any suspension may be made to the Board of Supervisors of Washington Township, Franklin County, Pennsylvania at any time within 10 days after the suspension of the license. No part of the license fee shall be refunded to a person whose license shall have been suspended.

§ 240-8 Violations and penalties.

[Amended 9-15-1997 by Ord. No. 141][1]
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. The minimum fine to be imposed is $50 per day or portion thereof for a first offense; $100 per day or portion thereof for a second offense and $500 per day or portion thereof for each subsequent offense. The Magisterial District Judge may impose a fine of more than the minimum amounts set forth above.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).