Township of Hempfield, PA
Westmoreland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Hempfield 4-28-1969 as Ord. No. 69-4. Section 62-12 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
Vehicles and traffic — See Ch. 83.
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
Any person who shall engage in peddling, as hereinafter defined.
Engaging in peddling, 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 Township of Hempfield; provided the word "peddling" shall not apply:
To farmers selling their own produce.
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.
To any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk and milk products.
Any natural person, association, partnership, firm or corporation.
In this chapter, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
No person shall engage in peddling in the Township of Hempfield without first having taken out a license as herein provided.
Every person desiring to engage in peddling in the Township of Hempfield shall first make application to the Ordinance Enforcement Officer[1] for a license. If such person shall also be required to obtain a license from any county officer, he shall, when making such application, exhibit a valid county license. Upon such application, such person shall give his name; address; his previous criminal record, if any; the name of the person for whom he works, if any; the type of goods, wares and merchandise he wishes to peddle; the length of time for which he wishes to be licensed; the type of vehicle he uses, if any; and the number of helpers he has; provided that where a person makes application for himself and one or more helpers, all applicable personal information specified above shall be given for each helper, and an individual license shall be required for each helper. No license issued under this chapter shall be transferable from one person to another.
Editor's Note: As to the appointment and duties of the Ordinance Enforcement Officer, see Ch. 52, Junkyards, § 52-7.
[Amended 8-13-1990 by Ord. No. 90-10; 2-20-1992 by Ord. No. 92-4; 10-27-2003 by Ord. No. 2003-18]
No license shall be issued pursuant to this chapter until the proper fee or fees are paid to the Township of Hempfield. Said fees shall be established as set forth in a resolution duly adopted by the Board of Supervisors of the Township of Hempfield. Each and every peddler or helper shall pay the fee established regardless of by whom he/she is employed or directed.
Upon his making application therefor and paying the proper fee as herein specified, a license shall be issued to every peddler. Such license shall contain the information required to be given upon the application therefor. Every peddler shall at all times when engaged in peddling in the Township carry such license upon his person and shall exhibit such license, upon request to all police officers, Township officials and citizens. No person having a foot peddler's license shall engage in selling or shall operate from any horse-drawn or motor vehicle.
No person licensed as a peddler under this chapter shall engage in peddling at any time on Sunday or upon any other day of the week before 9:00 a.m. or after 5:00 p.m.
No person licensed as a peddler under this chapter shall hawk or cry his wares upon any of the streets or sidewalks of the Township, nor shall he use any loudspeaker or horn or any other device for announcing his presence by which the public is annoyed.
No person licensed as a peddler under this chapter shall park any vehicle upon any of the streets or alleys of the Township in order to sort, rearrange or clean any of his goods, wares or merchandise; nor may any such person place or deposit any refuse upon any of such streets or alleys; nor may any such person maintain or keep a street or curbstone market by parking any vehicle upon any street or alley in the Township for longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.
No person licensed as a peddler under this chapter shall occupy any fixed location upon any of the streets, alleys or sidewalks of the Township for the purpose of peddling, with or without any stand or counter.
The Ordinance Enforcement Officer shall keep a record of all licenses issued under this chapter. The Ordinance Enforcement Officer shall also supervise the activities of all holders of such licenses.
The Ordinance Enforcement Officer of the Township of Hempfield is hereby authorized to suspend any license issued under this chapter when he deems such suspension to be beneficial to the public health, safety or morals, or for violation of any of the provisions of this chapter, or for giving false information upon any application for a license hereunder.
[Amended 12-29-1975 by Ord. No. 75-39; 6-12-1989 by Ord. No. 89-13; 4-8-1996 by Ord. No. 96-4; 6-9-1997 by Ord. No. 97-9]
Any person violating any provision of this chapter shall, upon conviction thereof by the District Justice in a summary criminal proceeding, be punishable by a fine of not more than $1,000, together with the costs of prosecution and reasonable attorney fees, or in default of payment thereof, by imprisonment for not more than 30 days. Each day's violation shall constitute a separate enforceable offense.