It shall be unlawful for any peddler, canvasser, transient merchant or traveling street vendor as defined in §
169-2 of this chapter to engage in any such business with the Municipality of Murrysville without first obtaining a permit therefore in compliance with the provisions of this section.
As used in this chapter, the following terms shall have the
meanings indicated:
CANVASSER
Includes any person, whether a resident of the Municipality
of Murrysville or not, 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 or merchandise, including
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 a sample of the subject of such order or whether
or not he is collecting advance payments on such orders.
PEDDLER
Any person whether a resident of the Municipality of Murrysville
or not, who goes from house to house, from place to place or street
to include placing or leaving flyers on mailboxes or at residences,
conveying or transporting goods, wares, merchandise or offering or
exposing the same for sale in any manner whatsoever, or making sales
and delivering articles to purchasers.
SOLICIT
The act of going upon property or approaching people to ask
or request monetary contributions, donations, or support.
TRANSIENT RETAIL BUSINESS
A.
Engaging in peddling, soliciting or taking orders, either by
sample or otherwise, for any goods, wares or merchandise upon any
street, alley sidewalk and/or public ground within the Municipality.
B.
Selling, soliciting, or taking orders for any goods, wares or
merchandise from a fixed location within the Municipality, on a temporary
basis, including, but not limited to, such activities conducted at
the time of special occasions or celebrations, for seasonal purposes,
or in advance of specific yearly holidays.
TRAVELING STREET VENDORS
Vendors who travel street to street and only stop when requested
to do so (flagged down) by customers, do not stop for longer than
10 minutes and do not enter upon or traverse personal property.
The terms of §
169-1 shall not be held to include the acts of persons selling personal property at wholesale or to dealers in such articles; nor the acts of merchants or their employees in delivering goods in the regular course of business including the following:
A. For farmers selling their own produce.
B. For the sale of goods, wares and merchandise donated by the owners
thereof, where the proceeds are to be applied to any charitable or
philanthropic purpose.
C. For persons 18 years or younger who take orders for and deliver newspapers,
grass cutting, yard work, snow removal, pet watching, greeting cards,
candy, sandwiches, bakery products and similar activities.
D. Boy Scouts or Girl Scouts and similar organizations.
E. Garage sales by residents.
F. All bona fide religious, charitable, and political organizations,
societies, associations or corporations shall be exempt from the application
of this chapter so long as the principal purpose of their solicitation
activities is the expression of religious, political or other philosophical
beliefs, as opposed to the sale or distribution of goods and merchandise.
G. School and/or athletic organizations soliciting support for Murrysville
based organizations.
Applicants for a permit under §
169-1 must file, in person, with the Designated Municipal Official (DMO) of the Municipality of Murrysville, or other person designated by the DMO, a sworn application in writing on a form to be furnished by the Municipality. A processing fee to be determined by ordinance of the Municipal Council shall be paid by the applicant and shall accompany the return of the application which shall provide the following information:
A. Present a valid photo driver's license or state photo identification
card; no other form of identification will be accepted.
B. Name and physical description of applicant to include two two-inch-by-two-inch
color photographs.
C. All applicants must present a criminal background check conducted
by the Pennsylvania State Police. If the applicant is not a resident
of Pennsylvania, the applicant will provide a current (no older than
one year) criminal background check from the state in which the applicant
resides.
D. Complete permanent home and local address of the applicant and, in
the case of transient merchants, the local address from which proposed
sales will be mailed.
E. A statement as to whether or not the applicant or any canvasser have
been convicted of a crime other than a summary offense and if so,
the nature of the offense and the punishment assessed, therefore.
F. A brief description of the nature of the business and the goods to
be sold.
No permittee nor any person in his behalf shall shout, cry out,
blow a horn, ring a bell or use any sound or amplifying device upon
any of the streets of the Municipality of Murrysville or upon private
premises for the purpose of attracting attention to any goods, wares
or merchandise which such permittee proposes to sell. The Chief of
Police may at his discretion if deemed conductive to traffic safety
permit ice cream trucks to play music at an agreed-upon volume.
The Municipal Council, or the Designated Municipal Official
may, after notice, revoke any permit issued pursuant to the ordinance
for one or more of the following reasons:
A. Harassment of a resident in soliciting the sale of goods where a police report is filed; and/or soliciting after the hours stated in §
169-5.
B. Failure to disclose a criminal conviction of the applicant after
the permit is issued.
C. Determination by the DMO that the applicant has made a material misrepresentation
on the application subsequent to the permit being issued.
D. Any violation of the rules cited in §§
169-5 and
169-8 of this chapter.
No person shall engage in any transient retail business/traveling
street business in the Municipality without first obtaining a license
from the Designated Municipal Official (DMO) and paying the applicable
fees established, from time to time, by ordinance of the Council of
Murrysville. Time periods shall be established by the DMO, provided
that the time period shall not exceed 30 days.
A. Application for license. Every person desiring a license shall first
make application to the DMO on a form established from time to time
by the DMO. The completed application for a license shall, at a minimum,
contain the following information and/or documentation:
(1) Name and address of applicant, including the present and permanent
addresses.
(2) Name and address of applicant's employer.
(3) Present a valid photo driver's license or state photo identification
card; no other form of identification will be accepted.
(4) Type of goods, wares, or merchandise the applicant wishes to sell
in such business.
(5) All applicants must present a criminal background check conducted
by the Pennsylvania State Police. If the applicant is not a resident
of Pennsylvania, the applicant will provide a current (no older than
one year) criminal background check from the state in which the applicant
resides.
(6) A statement as to whether or not the applicant has been convicted
of a crime other than a summary offense and if so, the nature of the
offense and the punishment assessed, therefore.
(7) A copy of any required state or county license.
B. Issuance of license; custody, display or exhibit.
(1) Upon receipt of such application and the prescribed fee, the Designated
Municipal Official (DMO), if he/she shall find such application to
be complete, shall issue the license required under this chapter.
Such license shall contain the information required to be given on
the application, therefore.
(2) The license holder shall carry such license upon his person while
engaged in transient retail business in the Municipality, with an
additional copy of the license displayed at the fixed location where
the transient business is occurring. The license holder shall exhibit
such license, upon request, to all police officers, municipal officials
and employees, and citizens of the Municipality.
C. Prohibited acts. No transient business or traveling street vendor
shall:
(1) Be conducted on or within public property, public roads and right-of
way, sidewalks, private roads, access drives or driveways.
(2) Be conducted on or within setback areas, off-street parking areas
and landscape/buffer areas established and required by the zoning
ordinance.
(3) Involve loud noises or sound devices to be heard beyond the premises
where the transient business is occurring or to cause a public nuisance.
(4) Sell any product or type of product not mentioned in his/her license.
(5) Hawk or cry his/her wares upon any of the streets, alleys sidewalks
or public grounds in the Municipality.
(6) Park any vehicle upon any of the streets or alleys in the Municipality
for the purpose of sorting, rearranging, or cleaning any of his/her
goods, wares, or merchandise or disposing of any carton, wrapping,
material or of any stock or wares or foodstuffs which have become
unsalable through handling, age or otherwise.
(7) Be permitted to solicit/peddle or vend within municipal parks without
the express consent of the DMO or Director of Parks and Recreation.
D. Hours. All licensed transient business activities shall be restricted
to the following hours:
(1) Between the hours of 9:00 a.m. to 9:00 p.m., prevailing time, including
Saturdays and Sundays.
E. Denial, suspension and revocation of license; appeal. The Designated
Municipal Official is hereby authorized to suspend or revoke any license
issued under this section when he/she deems such suspension or revocation
to be:
(1) Beneficial to the public health, safety or morals.
(2) For giving false information upon any application for license hereunder
or to any Municipal official related thereto.
(3) Any complaint from anyone in which a police complaint is filed.
(4) Failure to disclose a criminal conviction of the applicant after
the permit is issued.
(5) Determination by the DMO that the applicant has made a material misrepresentation
on the application subsequent to the permit being issued.
Any person, firm, or corporation or association who or which
shall violate any provision of any section, shall upon conviction
thereof, in a summary proceeding, be subject to a fine not exceeding
$1,000 for each and every offense together with costs and attorney
fees. Each and every day which such violation shall continue shall
constitute a separate offense.