When used in this chapter, the following terms shall have the
following meanings:
PEDDLER OR HAWKER
Includes any person, whether a resident of the Borough of
Buena or not, who goes from house to house, from place to place or
from street to street, conveying or transporting goods, wares or merchandise
and offering or exposing the same for sale or making sales and delivering
articles to purchasers.
SOLICITOR OR CANVASSER
Includes any person, whether a resident of the Borough of
Buena or not, who goes from house to house, from place to place or
from street to street soliciting or taking or attempting to take orders
for sale of services, goods, wares or merchandise, including magazines,
books, periodicals, photographs or personal property of any nature
whatsoever, for future delivery or for services to be performed in
the future whether or not such individual has, carries or exposes
for sale a sample of the subject for such order or whether or not
he is collecting advance payments on such orders.
It shall be unlawful for any hawkers, peddlers, canvassers or
solicitors, as defined in this chapter, to engage in any such business
or operations in the Borough of Buena without having first obtained
a license therefor in compliance with the provisions of this chapter
and, in any event, only in accordance with the terms and provisions
of this chapter.
The terms of this chapter shall not be held to include the acts
of persons selling personal property at wholesale to dealers in such
articles, and nothing contained herein shall be held to prohibit any
sale required by statute or by order of any court.
Any person, organization, society or association desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organization, at any place or places within the Borough of Buena, for charitable, religious, patriotic or philanthropic purposes, shall be exempt from the provisions of §§
177-4 and
177-7 of this chapter, provided that there is filed a sworn application in writing with the Borough Clerk, which application shall give the following information:
A. The name and purpose of the cause for which the permit is sought.
B. Names and addresses of the officers and directors of the organization.
C. The period during which solicitation is to be carried on.
D. Whether or not any commissions, fees, wages or emoluments are to
be expended in connection with such solicitation and the amount thereof.
E. The name and address of such agent or representative who will conduct
solicitations and the length of time that said agent or representative
has been employed or affiliated with such organization, society, association
or corporation.
Every person, society association or organization to whom a
license is issued under the terms of this chapter shall be governed
by the following rules and regulations:
A. All circulars, samples or other matter shall be handed to an occupant
of the property and not left on or about the same.
B. No person subject to the provisions of this chapter shall canvass,
solicit or distribute circulars or other matter or call from house
to house except during reasonable hours during the day and on weekdays.
C. No person subject to the terms of this chapter shall enter or attempt
to enter the lands, place of business or house of any resident in
the Borough of Buena without an express invitation from the occupant
of the house.
D. No person subject to this chapter shall conduct himself in such manner
as to become objectionable to or annoy any occupant of the house or
place of business.
No licensee or any person in his behalf shall shout, cry out,
blow a horn, ring a bell or use any sound-making or amplifying device
upon any of the streets, parks or other public places of the Borough
of Buena or upon private premises where sound of sufficient volume
is emitted or produced therefrom to be capable of being plainly heard
upon the streets, avenues, parks or other public places for the purpose
of attracting attention to any goods, wares, merchandise or services
which said licensee proposes to sell.
No licensee shall have any exclusive right to any location in
the public streets nor shall any be permitted a stationary location
thereon nor shall any be permitted to operate in a congested area
where such operation might impede or inconvenience the public use
of such streets. For the purpose of this chapter, the judgment of
the police officer, exercised in good faith, shall be deemed conclusive
as to whether the area is congested and public is impeded or inconvenienced.
Licensees are required to exhibit their certificate of license
at the request of any citizen or member of the Police Department.
The Chief of Police shall report to the Borough Clerk all convictions
for violation of this chapter, and the Borough Clerk shall maintain
a record for each license issued and record the reports of violation
therein.
All annual licenses issued under the provisions of this chapter
shall expire at 12:00 midnight on the 31st day of December in the
year when issued. Other than annual licenses shall expire at 12:00
midnight on the date specified in the license.
This chapter shall not affect any person engaged in delivering
wares, goods or merchandise or articles or things, in the regular
course of business, to the premises of the person ordering or entitled
to receive same.
[Amended 1-12-1987 by Ord. No. 329]
Any person in violation of the terms of this chapter, whether as principal or agent or employee of another, shall, upon conviction in the Borough of Buena Municipal Court, be subject to such penalties as set forth in Chapter
1, General Provisions, Article
III.