[HISTORY: Adopted by the Board of Supervisors of the Township of
Concord 10-6-1975 by Ord. No. 92. Amendments
noted where applicable.]
From and after the passage of this chapter, no circuses or carnivals
shall be held and no transient retail business or house-to-house merchandising
of any kind, by peddler, hawkers, transient merchants or others, shall be
carried on within the township except upon the payment of a license fee and
the granting of a permit therefor, as hereinafter provided.
No permit shall be issued for any activity mentioned in § 170-1 hereof or for any of like character where it shall reasonably appear that such activity would be a nuisance or detrimental to the health, morals or safety of the citizens of the township or where the purpose for which the permit is sought may adversely affect the general welfare of the township's residents.
No permit shall be issued for any activity hereinbefore mentioned which
is to be carried on in whole or in part after 6:00 p.m. prevailing time on
any day, except by prior invitation of the property owner or tenants. Approved
circuses and carnivals may not be carried on on a Sunday or after 12:00 midnight
on any other day.
Nothing herein contained shall be construed to require the payment of
a license fee by or for any of the following:
A.
Activity conducted by a nonprofit, charitable or benevolent
organization.
B.
Activity conducted by or under the supervision of the
township schools.
C.
Activity exempt by law from payment of a license fee.
D.
Any farmer selling exclusively produce grown by him.
E.
Insurance companies or their agents.
A minimum permit fee, as set from time to time by resolution of the
Board of Supervisors, shall be charged for approved circuses and carnivals.
In addition thereto, the applicant shall deposit with the township a sum,
as set from time to time by resolution of the Board of Supervisors, to be
returned at the conclusion of the circus or carnival upon satisfying the township
that the premises have been restored to the condition existing prior to the
circus or carnival. All other fees for permits hereunder shall be as set from
time to time by resolution of the Board of Supervisors.
All applications for permits hereunder shall be in writing and shall
be filed with the Township Secretary, who is hereby authorized to issue the
permit in each instance if, after due investigation, he be satisfied as to
the proper and lawful purpose for which the permit is sought and upon receiving
the prescribed license fee and upon receiving the approval of a Supervisor
of the township. The applicant shall supply his or her name, sex, age, address,
the business to be engaged in and the food, goods, wares, amusement services,
merchandise or other articles to be sold, the name and address of the firm
or company represented, the number of days the applicant proposes to carry
on said activity, the registration number of the applicant's motor vehicle,
whether the applicant has been convicted of any crime and the details of such
crime. A recent photograph of the applicant shall be filed with said application.
Every permittee shall carry his permit with him at all times while engaged
in the activity permitted by the license issued under this chapter and shall
exhibit the same upon request. Every permittee shall display outwardly on
his or her person the permit number issued by the township.
The Township Secretary is authorized to revoke any permit granted hereunder
when the activity covered thereby shall prove to be a nuisance or detrimental
to the public health, safety or morals of the citizens of the township, and
when a permit is thus revoked it shall be promptly returned to the Secretary.
Should any applicant for a permit hereunder deem himself aggrieved by
reason of the Secretary's refusal to issue such permit or by the terms
and conditions under which the same is allowed or by a revocation of such
permit, such applicant may appeal to the Board of Supervisors by filing with
the Secretary a written notice of an intent to appeal, said notice to be filed
within one week following the action of the Secretary complained of.
[Amended 12-3-1996 by Ord. No. 206]
A.
Any person who shall violate any provision of this chapter
or who permits the violation of any provision of this chapter shall pay a
fine of $600.
B.
Each violation for each separate day and each violation
of any provision of this chapter shall constitute a separate and distinct
violation.
C.
Any person who violates or permits the violation of any
provision of this chapter shall, upon being found liable therefor in a civil
enforcement proceeding commenced by Concord Township, pay the fine prescribed
by this chapter, plus all court costs, including reasonable attorney fees,
incurred by Concord Township.
