As used in this article, the following terms
shall have the meanings indicated:
PEDDLER or HAWKER
A person who, traveling on the streets or lakes or waterways,
goes from place to place or from house to house or from street to
street, by vehicle or on foot, carrying with him/her goods, wares,
merchandise, books, magazines or other tangible personal property
of any nature for the purpose of selling and delivering the same to
purchasers.
SOLICITOR or CANVASSER
A person who, traveling by foot, wagon, motor vehicle, or
any other type of conveyance, goes from place to place, from house
to house, or from street to street, and who takes or attempts to take
orders for the sale of goods, wares, merchandise, books, magazines
or other tangible personal property of any nature whatsoever for future
delivery, or for services to be furnished or performed in the future,
whether or not such individual has, carries or exposes for sale a
sample of the subject of such sale or whether or not he/she is collecting
advance payments on such sales or services.
VEHICLE
Includes a wagon, cart, motor vehicle, boat or any other
type of vehicle or conveyance.
No person shall engage in or solicit business
in the Borough as peddler or hawker, or as solicitor or canvasser,
as defined herein, or use any vehicles in connection therewith without
first obtaining a license therefor and paying the prescribed license
fee as provided in this article.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
A. The Chief of Police shall then cause such investigation
of the moral character and business responsibility of the applicant
as the Chief shall deem necessary for the protection of the public.
B. There shall be a waiting period not exceeding two
weeks between the filing of the application and the issuance of the
license, for the purpose of investigation by the Chief of Police.
C. If, as a result of the investigation, the moral character
or business responsibility of the applicant shall be found to be unsatisfactory,
the Chief of Police shall endorse on the original his/her disapproval
of the application and his/her reasons for such disapproval, and shall
return the original application to the Borough Clerk. The Borough
Clerk shall promptly notify the applicant of the decision.
D. If, as a result of the investigation, the moral character
and business responsibility of the applicant are found to be satisfactory,
the Chief of Police shall endorse on the original application his/her
approval thereof, and return the original application to the Borough
Clerk.
Every person holding a license under this article
shall be required to display the license or badge on his/her person
while engaged in the licensed business, or while engaged for the purpose
for which the license was issued and shall produce the license at
the request of any citizen or official of said Borough. Where the
license is issued for a vehicle, such license or any designation thereof
furnished by the Borough shall be securely fastened in plain view
in any such vehicle, and shall not be removed therefrom while the
license is in force, or attached to any similar vehicle or thing.
The fees for the license required under this
article shall be as follows:
Use
|
Per Day
|
Per Year
|
---|
|
For each peddler or hawker:
|
|
|
|
For the license and use of one vehicle in connection
therewith
|
$10.00
|
$50.00
|
|
For second and each additional vehicle used
in connection with the business, per vehicle
|
10.00
|
50.00
|
|
For each assistant or helper to the licensee
|
2.50
|
15.00
|
For each solicitor or canvasser:
|
|
|
|
For the license and use of one vehicle used
in connection with the licensed activity
|
10.00
|
50.00
|
|
For the second and additional vehicle used in
connection with the licensed activity
|
10.00
|
50.00
|
For each distributor of milk and cream
|
|
|
|
For each wagon or vehicle used in the distribution
of milk or cream, to be paid by the person engaged in the distribution
or sale of milk or cream
|
|
5.00
|
Licenses issued under this article shall not
be transferable.
No canvassing or soliciting shall be permitted
by anyone holding a permit or license or certificate of registration,
except between the hours of 9:00 a.m. and sundown daily for the purpose
of selling merchandise on the public streets and, except between the
hours of 9:00 a.m. and sundown on any weekday, excluding Sunday for
any other activity, sale solicitation, or delivery as covered by this
article.
No peddler or hawker shall:
A. Have any exclusive right to any location in any public
place;
B. Be permitted to maintain a stationary location;
C. Be permitted to operate in any congested area where
his/her operations might impede or inconvenience the public; the judgment
of a Police Officer shall be deemed conclusive as to whether the area
is congested or the public impeded or inconvenienced; or
D. Make use of private property without meeting the requirements
of site plan approval.
It shall be the duty of any police officer of
the Borough to require any person seen peddling, hawking, soliciting
or canvassing in the Borough, and who is not known by such officer
to be duly licensed or duly registered, to produce his/her license
or registration certificate, and to enforce the provisions of this
article.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
The Chief of Police shall report to the Borough Clerk all convictions for violation of this article, and the Borough Clerk shall, in addition to the record of licenses issued as provided by §
151-5C, record the reports of all such violations.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
The provisions of this article shall not apply
to persons soliciting in behalf of any bona fide nonprofit religious,
charitable, educational, fraternal, community or civic organizations
or institutions, including, but not by way of limitation, Community
Chest, heart, cancer and similar funds, American Red Cross, nationally
chartered veterans' organizations, hospitals, volunteer fire companies,
first aid squads, ambulance corps; provided that such organizations
or institutions register with the Chief of Police before commencing
solicitation.
Violations of the provisions of this article shall be punished as provided in Chapter
1, General Provisions, Article
III.
Violations of the provisions of this article shall be punished as provided in Chapter
1, General Provisions, Article
III.