Borough of Mount Joy, PA Chapter 188 Peddling and Soliciting

[HISTORY: Adopted by the Borough Council of the Borough of Mount Joy as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Junk dealers — See Ch. 153.

Streets and sidewalks — See Ch. 232.

Article I Licensing

[Adopted 2-10-1992 by Ord. No. 494 (Ch. 13, Part 1, of the 1992 Code of Ordinances)]

§ 188-1 License required; exceptions.

It shall be unlawful for any individual to solicit funds, peddle, canvass, or take orders for any goods, wares, or merchandise upon any street, alley, sidewalk or public place or from house to house in Mount Joy Borough without first obtaining a license as provided herein, except that no license shall be required for the following:

A. Farmers selling their own products.

B. Persons soliciting funds or selling goods, wares or merchandise donated by the owner thereof, where the funds or proceeds of the sale are to be applied exclusively for a charitable or philanthropic purpose.

C. Representatives and members of Boy Scouts of America, Girl Scouts of America, Lions, Kiwanis, American Association of Retired Persons, Disabled American Veterans, YWCA and YMCA and YMHA, Red Cross, Salvation Army and other national and international service organizations and associations existing for the benefit of young, aged, handicapped or stricken persons and soliciting or selling for the purpose of self-perpetuation and which may be registered as a charitable organization with the state or federal government.

D. Manufacturers or producers of bread and baking products, meat and meat products or milk or milk products who sell their own products.

E. Insurance and real estate agents and brokers licensed by the Commonwealth of Pennsylvania.

F. School children selling goods, wares or merchandise where the funds or proceeds of the sale are to be applied exclusively for a function or organization sponsored or approved by the school where such children attend.[1]

[1] Editor's Note: Original § 101G, which pertained to an exemption for honorably discharged soldiers, sailors or marines of the military service, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

G. Any person taking orders for merchandise from dealers or merchants for resale to an ultimate consumer.

§ 188-2 Application for license; suspension or revocation.

A. Every individual desiring to engage in those acts prohibited in § 188-1 of this article and not exempt thereby must obtain a license from the Borough Police Department.

B. To obtain a license, individuals must complete a written application, which shall contain such information as is reasonably required by the Borough Police Department, and shall permit the Borough Police Department to photograph the individual for the purpose of identification, if requested to do so.

C. Following the completion of such application, the Borough Police Department shall have 72 hours to investigate the applicant and to grant or deny the license.

D. The Chief of Police of Mount Joy Borough, or his authorized Deputy, may refuse to issue a license in cases where investigation shall disclose a criminal record or any false or misleading statement on the application. The appeal on refusal to issue a license shall be made within 10 days to the Borough Council of Mount Joy Borough by filing written notice of the appeal with the Secretary of the Borough. Borough Council shall thereafter hold a hearing and render a decision on the refusal to issue a license pursuant to the provisions of the Local Agency Law, 2 Pa.C.S.A. §§ 551 et seq. and 751 et seq.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

E. The Chief of Police, or his authorized Deputy, is hereby authorized to suspend or revoke any license issued under this article when he deems such suspension or revocation to be in the interest of the public health, safety or morals or for the violation of any of the provisions of this article or for giving false information upon any application for a license. Appeals from any suspension or revocation may be made in the manner outlined in Subsection D of this section.

§ 188-3 Term of license; display requirements.

The license shall be dated and signed by the Chief of Police, or his authorized Deputy, and shall be valid for the period of time desired by the applicant, not to exceed 30 days. The license shall be in the individual's possession and shall be prominently displayed at all times while engaged in solicitation.

§ 188-4 Nontransferability.

No license issued under this article shall be transferable from one person to another.

§ 188-5 Separate applications required.

A separate application shall be filed by each person who shall actually conduct the soliciting or peddling. This requirement shall apply where an employer desires to secure licenses for his employees, agents or servants.

§ 188-6 Renewal of license.

A. The license granted pursuant to this article shall be valid for 30 days after the date such license is issued, and, upon the expiration of any license, if the person holding the same shall desire to continue or renew soliciting or peddling, he shall be required to file a new application for a license.

B. Such licenses may be issued in advance for consecutive thirty-day periods not exceeding six in number.

§ 188-7 Transient retail businesses.

A. No person engaged in any transient retail business shall:

(1) Sell any product or type of product not mentioned in his license.

(2) Hawk or cry his wares upon any of the streets, alleys, sidewalks or public grounds in the Borough.

(3) When selling from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Borough for longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.

(4) Park any vehicle upon any of the streets or alleys in the Borough for the purpose of sorting, rearranging or cleaning any of his goods, wares or merchandise or of disposing of any carton or wrapping material or of any stock or wares or foodstuffs which shall have become unsalable through handling, age or otherwise.

B. No person shall engage in any transient retail business within the Borough without first having obtained a license as set forth herein. The license fee shall be as established by resolution or ordinance of Borough Council for each period for which the license is valid as set forth in § 188-3 herein.[1]

[1] Editor's Note: Original § 107, Registration required, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 188-8 Permitted hours.

Soliciting funds, canvassing, peddling, or taking orders, whether by sample or otherwise, for any goods, wares or merchandise from house to house in the Borough of Mount Joy shall be permitted only between the hours of 9:00 a.m. and 9:00 p.m., Monday through Saturday.

§ 188-9 Violations and penalties.

[Amended 9-14-1992 by Ord. No. 497]

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 $600, plus costs, and, in default of payment of said fine and costs, to imprisonment for not more than 30 days. Each day that a violation of this article continues shall constitute a separate offense.

§ 188-10 through § 188-19. (Reserved)