[HISTORY: Adopted by the Borough Council
of the Borough of Catasauqua as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 185.
[Adopted 5-1-1933 by Ord. No. 306; amended
in its entirety 5-7-1962 by Ord. No. 462 (Ch. XI, Part 4, of the 1962
Code)]
Any person, whether principal or agent, firm
or corporation entering into or beginning or desiring to enter into
or begin a transient retail business within the Borough of Catasauqua,
for the sale of any goods, wares or merchandise, and who hires a place
or occupies any room, apartment store, building or other structure
or place whatever, for the exhibition and/or sale of such goods, wares
or merchandise, shall, before entering into or doing such business,
take out a license from the Borough Treasurer, Provided: nothing herein
contained shall apply:
A.
To farmers selling their own produce;
B.
To 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; or
C.
To any manufacturer or producer in the sale of bread
and bakery products, meat and meat products, or milk or milk products.
[Amended 11-7-2005 by Ord. No. 1190; 4-1-2013 by Ord. No. 1288]
The fee for such license shall be as set from
time to time by resolution of Borough Council,[1] to be paid to the Borough Treasurer for the use of the
Borough. Such license shall be renewed on the first day of each month
thereafter during the continuance of such business or sales made thereunder.
Any person or persons, firm or corporation failing, neglecting or
refusing to secure or renew such license, as herein required, shall
be guilty of a violation of this article, and, upon conviction thereof
before the Mayor or any District Justice of the Borough, shall be
sentenced to pay a fine of not more than $100 and costs of prosecution,
and, in default of payment of such fine and costs, to imprisonment
in the County Jail for not more than 30 days. Any person found guilty
of violating an ordinance shall be assessed court costs and reasonable
attorneys’ fees incurred by the Borough in the enforcement proceedings.
[Adopted 5-7-1962 by Ord. No. 479 (Ch. XI,
Part 3, of the 1962 Code)]
A.
PEDDLER
PEDDLING
(1)
(2)
(3)
PERSON
As used in this article, the following terms shall
have the meanings indicated:
Any person who shall engage in peddling, as hereinabove defined.
As used in this part shall mean engaging in selling, 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 Borough of Catasauqua. Provided:
the word "peddling" shall not apply:
To farmers selling their own produce;
To the sale of goods, wares or merchandise,
donated by the owners thereof, the proceeds whereof are to be applied
to any charitable or philanthropic purpose; or
To any manufacturer or producer in the sale
of bread and bakery products, meat and meat products, or milk or milk
products.
Any natural person, association, partnership, firm or corporation.
B.
In this article, the singular shall include the plural
and the masculine shall include the feminine and the neuter.
[Amended 12-29-1980 by Ord. No. 817; 8-5-1985 by Ord. No.
890]
No persons shall engage in peddling within the
Borough of Catasauqua without first having taken out a license, which
shall be issued by the Borough Secretary. The fee for such license,
which shall be for the use of the Borough, shall be set by resolution
of Borough Council.[1] No license issued under this article shall be transferable
from one person to another person.
Every peddler shall, at all times when engaged
in peddling within the Borough, carry such license upon his person,
and shall exhibit such license upon request, to all police officers,
Borough officials and citizens.
No peddler shall hawk or cry his wares upon
any of the streets or sidewalks of the Borough, nor shall he use any
loud-speaker or horn or other device for announcing his presence,
by which the public is annoyed.
No peddler shall park any vehicle upon any of
the streets or alleys of the Borough in order to sort, rearrange or
clean any of his goods, wares or merchandise; nor may any peddler
place or deposit any refuse upon any of the streets or alleys; nor
may any peddler maintain or keep a street or curb market by parking
any vehicle for longer than necessary in order to sell therefrom to
person residing in the immediate vicinity. No peddler shall occupy
any fixed location upon any of the streets, alleys or sidewalks of
the Borough for the purpose of peddling, with or without any stand
or counter.
The Mayor is hereby authorized to suspend any
license issued under this article when he deems such suspension to
be beneficial to the public health, safety or morals, or for violating
any of the provisions of this article, or for giving false information
upon any application for a license hereunder.
[Amended 4-1-2013 by Ord. No. 1288]
Any person who shall violate any of the provisions
of this article shall, upon conviction thereof before the Mayor or
any District Justice of the Borough, be sentenced to pay a fine of
not more than $50 and costs of prosecution, and, in default of payment
of such fine and costs, to imprisonment in the County Jail for not
more than 10 days. Any person found guilty of violating an ordinance
shall be assessed court costs and reasonable attorneys’ fees
incurred by the Borough in the enforcement proceedings.
