Borough of Lewisburg, PA
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Lewisburg as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Circuses and carnivals — See Ch. 134.
Conduct — See Ch. 142.
Loitering — See Ch. 208.
Sidewalk merchandise displays — See Ch. 300, Art. IV.
Zoning — See Ch. 360.
[Adopted 5-18-1977 by Ord. No. 77-9]

§ 235-1 Registration required.

[Amended 8-15-1995 by Ord. No. 900]
A. 
It shall be unlawful for any person:
(1) 
To sell at retail, by sample or otherwise, or solicit orders for, sell or deliver at retail, either on the street or by traveling from house to house or from person to person within the limits of the Borough, any books, paintings, foreign or domestic goods, wares, meats, merchandise or fruits, without first having registered with the Secretary of the Borough; or
(2) 
To engage in business as a canvasser or solicitor calling at residences or businesses without the previous consent of the occupant or owner thereof for the purpose of soliciting orders, sales, subscriptions or business of any kind, or seeking information or donations, without first having registered with the Secretary of the Borough.
B. 
The registrant shall give his complete identification, both his permanent and local addresses, a personal description, including age, weight, height, color of eyes and hair, and previous criminal convictions, if any, his signature, the name of his employer, the nature of the products or services in which he is interested, the names of the manufacturers of such products, or of the organization which he is representing, the proposed method of operation in the Borough, a description of any carts or vehicles to be used, and any other information required or desired by the Mayor, the Police Chief of the Buffalo Valley Regional Police Department, or by the Borough Council.
[Amended 4-17-2012 by Ord. No. 1014]

§ 235-2 Fees.

[Amended 10-20-1987 by Ord. No. 833]
Except as set forth in § 235-4 of this article, each registrant shall pay to the Secretary of the Borough a registration fee as established from time to time by resolution of Borough Council.

§ 235-3 Certificate required.

[Amended 8-15-1995 by Ord. No. 900]
A. 
Each registrant who exhibits a business privilege tax license as required by § 324-16 of Chapter 324, Taxation, and shows evidence of good character and who is required to pay and does pay the fee required by § 235-2 of this article, shall be furnished with a certificate indicating that he or she has registered and showing the dates covered by such registration.
B. 
Individuals with previous convictions of a felony or misdemeanor may be refused a certificate at the discretion of the Mayor. No certificate issued under this article shall be transferable from one person to another.
C. 
Each person shall at all times while peddling, canvassing, or soliciting in the Borough carry upon his person the registration certificate, and the same shall be exhibited by such registrant whenever he is required to do so by any police officer or by any person solicited.
D. 
The Police Chief of the Buffalo Valley Regional Police Department shall keep a record of all certificates issued and registrations made under this article and shall be responsible for supervising the activities of all holders of such certificates.
[Amended 4-17-2012 by Ord. No. 1014]

§ 235-4 Exceptions.

A. 
The provisions of this article shall not apply to officers or employees of the Borough, County, state, or federal government, or any subdivision thereof, when on official business.
B. 
Section 235-2 of this article, and only § 235-2, shall not apply to:
(1) 
Fraternal, national service, or civic organizations;
(2) 
Nonprofit corporations incorporated under and by virtue of the laws of the Commonwealth of Pennsylvania which have obtained and are maintaining an exempt status with the Internal Revenue Service from the payment of income tax to the federal government;
(3) 
Farmers selling their own produce;
(4) 
Any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk and milk products; or
(5) 
Persons selling goods, wares, and merchandise, the proceeds whereof are to be applied to any charitable or philanthropic purpose.

§ 235-5 Prohibited acts by holders of certificates.

[Amended 3-18-1986 by Ord. No. 811; 7-17-1990 by Ord. No. 862]
No person engaged in business as a peddler, canvasser, or solicitor shall:
A. 
Hawk or cry his wares upon any of the streets, alleys, sidewalks, or public grounds of the Borough;
B. 
Use any loud speaker or horn or any other sound device whether it be carried on the person or attached to a cart or vehicle for announcing his presence by which the public is annoyed;
C. 
When selling from a cart or vehicle, stop or park the same upon any of the streets or alleys of the Borough for longer than necessary in order to sell therefrom to persons residing in the immediate vicinity;
D. 
Park any cart or vehicle on any of the streets or alleys of the Borough for the purpose of sorting, rearranging, or cleaning any of his goods, wares, or merchandise, or of disposing of any carton, wrapping material, or rubbish that has accumulated on, in, or about such cart or vehicle or of any stock or wares or of foodstuffs which have become unsalable through handling, age, or otherwise; or
E. 
Engage in any business on any day of the week before 8:00 a.m. or after 9:00 p.m.
F. 
Engage in such business upon any street or alley of the Borough which has been closed to vehicular traffic by the Borough Council for the purpose of conducting a parade thereon, but shall during all such times engage in such business on the sidewalks of the Borough adjoining the closed street or alley.

§ 235-6 Revocation of certificates.

[Amended 4-17-2012 by Ord. No. 1014]
The Mayor or Police Chief of the Buffalo Valley Regional Police Department may revoke any registration certificate issued under this article when he deems such revocation to be for the benefit of the public health, safety, or morals of the Borough, or for the violation of any provisions of this article or of any other ordinances of the Borough, or of any state or federal law, or for giving false information or misrepresentation upon registration hereunder, or making false or fraudulent statements in the operation of his business, or for conviction of any crime other than minor traffic violations, or whenever the registrant shall cease to possess the qualifications and character required for registration hereunder. No part of a registration fee shall be refunded to any person whose registration certificate shall have been revoked.

§ 235-7 Right of appeal.

Any person who is refused a registration certificate or has his certificate revoked may appeal such action to the Borough Council in writing within 10 days after such refusal or revocation. Such person shall be present at the time designated by the Borough Council for review of his appeal.

§ 235-8 Violations and penalties.

[Amended 10-20-1987 by Ord. No. 833]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $300; and/or to imprisonment for a term not to exceed 90 days. Every day that a violation of this article continues shall constitute a separate offense.