Township of Palmer, PA
Northampton County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Palmer as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 109.
Vehicles and traffic — See Ch. 180.
[Adopted 11-12-2013 by Ord. No. 2013-426[1]]
[1]
Editor's Note: This ordinance also provided for the repeal of former Art. I, Peddlers, adopted 4-18-1966 by Ord. No. 77, as amended.

§ 118-1 Short title.

This ordinance shall be known and may be cited as the "Peddlers' License Ordinance."

§ 118-2 Definitions.

A. 
The following words and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, unless the context clearly indicates a different meaning:
PEDDLER
Any "person" who shall engage in "peddling" as hereinbelow defined.
PEDDLING
Engaging in peddling, canvassing, soliciting or taking of orders, either by sample or otherwise, for any goods, wares or merchandise, upon any of the streets or sidewalks or from house to house within the Township of Palmer; provided that the word "peddling" shall not apply to:
(1) 
Farmers selling their own produce.
(2) 
The sale of goods, wares and merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose.
(3) 
Any manufacturer or producer in the sale of bread, bakery products, meat, meat products, milk or milk products.
PERSON
Any natural person, association, partnership, firm or corporation.
B. 
In this ordinance, the singular shall include the plural, and the masculine shall include the feminine and the neuter.

§ 118-3 License required; regulations.

[Amended 12-9-2013 by Ord. No. 2013-428]
No person shall engage in peddling in the Township of Palmer without first having procured a license as herein provided. Each individual person engaging in peddling or soliciting must have his/her own license. Each license is valid only for the name of the person on the license. Licenses are not transferable from one person to another. The time for soliciting shall be 9:00 a.m. to 5:00 p.m. EST, Monday through Saturday. No peddling on Sundays or holidays shall be permitted. Peddlers and solicitors shall only approach residential premises at the entrance closest to the street and/or sidewalk. No side or rear entrances shall be approached unless such an entrance is the primary established entrance for the premises. This section, § 118-3 shall not apply to the following persons or groups:
A. 
Any farmer engaged in the sale of his own produce in or about the streets of the Township.
B. 
Insurance companies or their agents, or insurance brokers, authorized to transact business under the laws of the Commonwealth of Pennsylvania.
C. 
Persons soliciting for school-based, charitable, service or religious organizations.
D. 
Persons distributing by vehicle on a regular route any meat, ice cream, milk or bakery products.

§ 118-4 Application.

Every person desiring to engage in the business of peddling in the Township of Palmer shall first make application to the Chief of Police of the Township for a license. Upon such application, such person shall provide the following information and meet the requirement set forth:
A. 
The name and address of the applicant.
B. 
A description (make, model, color, and year), VIN number and license number of any vehicle which the applicant expects to use while peddling or soliciting.
C. 
The kind of goods and/or services which the applicant proposes to engage in peddling, solicitations, selling or taking orders for.
D. 
The specified length of time during which the applicant proposes to engage in peddling or soliciting.
E. 
A minimum of a current, valid driver's license, government-issued identification card or other valid identification documentation.
F. 
A certified criminal history record check from the Pennsylvania State Police.
G. 
The name and address of the company or companies peddling or soliciting for.
H. 
The application shall be sworn to and notarized before a notary public or some other officer authorized to take affidavits within the Commonwealth of Pennsylvania.
I. 
A certified check, cashier's check or cash for the amount of the applicable fee.

§ 118-5 Fees.

The fees for all permits and licenses shall be set by the Palmer Township Board of Supervisors by resolution on an annual basis. Fees shall not be refunded if any license is suspended or revoked by the Chief of Police for violations or failure to comply with any provision(s) of this ordinance.

§ 118-6 Issuance of license; information; exhibition; conditions.

Upon making application therefor and paying the proper fee, as herein specified, a license shall be issued to every peddler. Such license shall contain the information required to be given upon the application therefor. Every peddler shall, at all times when engaged in peddling in the Township, carry such license and a current and valid form of identification upon his person and shall exhibit such license and identification, upon request, to all police officers, Township officials, and citizens. No peddler shall engage in selling any product not mentioned upon such license, nor shall any person having a foot peddler's license operate from, with, or in conjunction with any motor vehicle.

§ 118-7 Crying of wares prohibited.

No person licensed as a peddler under this ordinance shall hawk or cry his wares upon any of the streets or sidewalks of the Township, nor shall he use any loudspeaker or horn or any other device for announcing his presence by which the public is annoyed.

§ 118-8 Parking of vehicles; deposit of refuse.

No person licensed as a peddler under this ordinance shall park any vehicle upon any of the streets or alleys of the Township of Palmer in order to sort, rearrange or clean any of his goods, wares or merchandise, nor may any such person place or deposit any refuse upon any of such streets, or alleys, nor may any such person maintain or keep a street or curbstone market by parking any vehicles upon any street or alley in the Township for longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.

§ 118-9 Fixed location prohibited.

No person licensed as a peddler under this ordinance shall occupy any fixed location upon any of the streets, alleys or sidewalks of the Township for the purpose of peddling, with or without any stand or counter.

§ 118-10 Duties of Chief of Police: records, supervision of activities.

The Chief of Police of the Township shall keep a record of all licenses issued under this ordinance and shall supervise the activities of all holders of such licenses.

§ 118-11 Suspension of license.

A. 
The Chief of Police is authorized to suspend any license issued hereunder when he/she deems such suspension to be necessary for the protection of the public health, safety, security, morals or from rudeness, profanities, harassment, intimidation and alarm or for giving any false information upon any application for a license hereunder.
B. 
Any person aggrieved by any such suspension may file an appeal thereof, in writing, with the Board of Supervisors within 10 days of such suspension, whereupon the Board of Supervisors shall fix a time and place for the hearing of the appeal, which time shall be not later than 10 days from the receipt of the appeal. The Board of Supervisors shall hear to the aforesaid appeals, and the decision of the Board shall be final.

§ 118-12 Violations and penalties.

A. 
Any person who shall violate any of the provisions of this ordinance shall, upon conviction before a District Judge, be sentenced to pay a fine of not more than $600 and the costs of prosecution and, in default of payment thereof, to imprisonment for not more than 30 days.
B. 
Each day of violation of the particular code or ordinance applicable shall be considered a separate offense, for which the fines and penalties stated herein may be imposed on a daily basis.
C. 
For collection of fines and penalties see § 1-16E of Chapter 1, General Provisions.

§ 118-13 Severability.

The provisions of this ordinance are severable, and if any provision thereof shall be held to be unconstitutional, invalid or illegal by any court of competent jurisdiction, such decision shall not affect the validity of any of the remaining provisions of this ordinance. It is hereby declared as the legislative intent that this ordinance would have been enacted had such unconstitutional, invalid or illegal provision not been included therein.

§ 118-14 When effective.

The provisions of this ordinance shall become effective five days from the date of adoption.
[Adopted 8-3-1959 by Ord. No. 29]

§ 118-15 License required.

Every person, whether principal or agent, entering into, beginning or desiring to begin a transient retail business in the Township of Palmer for the sale of any goods wares or merchandise whatsoever, and who hires, leases, occupies or uses any room, apartment, store, shop, building, railway car or other place or structure for the exhibition and sale of such goods, wares or merchandise, shall, before starting such sale, take out a license for the same from the Supervisors of the said Township of Palmer.

§ 118-16 Fee; monthly renewal.

[Amended 12-18-2000 by Ord. No. 2000-294]
The fee to be paid for such license shall be set by the Palmer Township Board of Supervisors by resolution. The fee shall be collected by the Supervisors before they shall issue any license under the provisions of this ordinance. Said license shall be renewed monthly by the Supervisors during the continuance of said sale.

§ 118-17 Nonapplicability.

Nothing contained in this ordinance shall apply to:
A. 
Farmers selling their own produce;
B. 
Any sale of goods, wares or merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose.

§ 118-18 Violations and penalties.

[Amended 10-25-1988 by Ord. No. 227]
A. 
Any person who shall violate any of the provisions of this ordinance by failing to secure the license required thereby or to renew the said license, as the case may be, shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and costs of prosecution and, in default of payment thereof, to imprisonment for not more than 30 days.
B. 
Each day of violation of the particular code or ordinance applicable shall be considered a separate offense, for which the fines and penalties stated herein may be imposed on a daily basis.
C. 
For collection of fines and penalties, see § 1-16E of Chapter 1, General Provisions.

§ 118-19 Repeal of inconsistent provisions.

All ordinances or parts of ordinances inconsistent herewith shall be and the same are hereby repealed.