[HISTORY: Adopted by the Borough Council
of the Borough of Evans City 11-1-1976 by Ord. No. 348 as Part 3, Art. 309, of
the 1976 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. A200.
No peddler, canvasser or transient merchant as defined in § 127-2 shall engage in any such business within the Borough without first obtaining a license therefor in compliance with the provisions of this chapter.
When used in this chapter, the following terms
shall have the following meanings:
Includes any person who goes from house to house, from place
to place or from street to street soliciting or attempting to take
orders from individuals for sale of goods, wares, products or merchandise,
including but not limited to magazines, books, periodicals or personal
property of any nature whatsoever for future delivery, or for service
to be performed at that time or in the future, whether or not such
individual has, carries or exposes for sale the sample of the subject
of such order or whether or not he or she is collecting advance payments
on such orders.
Includes any person who goes from house to house, from place
to place or street to street conveying or transporting goods, wares,
merchandise or products or offering or exposing the same for sale
or making sales or delivering articles or products to purchasers.
[Amended 8-1-1994 by Ord.
No. 456]
Except as otherwise provided in 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 or to newsboys or the acts of established merchants or their
employees in delivering goods in the regular course of business, nor
shall the terms of this chapter be held to include or apply to any
farmer or truck gardener who shall then sell or dispose of or offer
to sell or dispose of the products of the farm or garden occupied
and cultivated by him or her, nor shall it apply to any manufacturer
of products or producer in the sale of bread and bakery products,
except as hereinafter modified, nor shall it include any bona fide
religious or charitable organization.
Applicants for a peddler's license must file
with the Borough Secretary a sworn application, in writing, on a form
to be furnished by the Borough, stating the name and physical description
of the applicant, his or her permanent home address and local address
and, in case of transient merchants, the local address from which
proposed sales will be mailed, a brief description of the nature of
the business and the goods to be sold or, if employed, the name and
address of the employer together with credentials therefrom establishing
the exact relationship, the source of supply of the goods or property
proposed to be sold or orders taken for the sale thereof and the proposed
method of delivery, a recent photograph of the applicant, a statement
as to whether or not the applicant has been convicted of any crime,
felony, misdemeanor or violation of any municipal ordinance other
than traffic violations and the nature of the offense and the punishment
or penalty assessed therefor.
Upon receipt of each application for a peddler's
license, the application shall be referred to the Chief of Police
who shall immediately institute such investigation of the applicant's
business and moral character as he or she deems necessary for the
protection of the public safety, and if the character and business
responsibility of the applicant are found to be satisfactory, the
Chief of Police shall endorse upon the application the approval and
return the application to the Borough Secretary who shall, upon payment
of the prescribed license fee, deliver to the applicant his or her
license within 72 hours from the time the application was originally
filed.
[Amended 5-2-1983 by Ord. No. 381; 8-1-1994 by Ord. No. 456]
Every applicant for a peddler's license shall pay a license fee as set forth in Chapter A200, Fees.
Anything to the contrary hereinbefore set forth
notwithstanding and regardless of whether a peddler, canvasser and
transient merchant is required hereunder to have a license, no peddler,
canvasser or transient merchant, nor anyone on his or her behalf,
shall shout, cry out, blow a horn, ring a bell or use any sound or
amplifying device upon any of the streets, alleys, parks or other
public places of the Borough or upon private premises where sound
of sufficient volume is emitted or produced therefrom to be capable
of being plainly heard in the area for the purpose of attracting attention
to any goods, wares, products and merchandise, which such peddler,
canvasser or transient merchant proposes to sell.
No peddler, canvasser or transient merchant,
licensed or otherwise, shall have any exclusive right to any location
on the public streets, nor shall any be permitted a stationary location
thereon, nor be permitted to operate in a congested area where such
operation might impede or inconvenience the public use of streets
or sidewalks.
[Amended 8-1-1994 by Ord.
No. 456]
No peddler, canvasser or transient merchant,
licensed or otherwise, shall be permitted to operate on Sunday nor
before 9:00 a.m. or after sunset, prevailing time in the Borough,
Monday through Saturday.
A peddler is required to exhibit his or her
license at the request of any citizen.
[Amended 8-1-1994 by Ord.
No. 456; 2-7-2011 by Ord. No. 542]
Any person, firm or corporation violating any
provision of this chapter shall be fined for each and every separate
offense in an amount established from time to time by resolution of
Borough Council plus costs of prosecution, including reasonable attorney’s
fees and costs, and, in default of payment of fine and costs, shall
be imprisoned for not more than 30 days.
