[HISTORY: Adopted by the Board of Supervisors
of the Township of Palmer as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-12-2013 by Ord. No. 2013-426[1]]
[1]
Editor's Note: This ordinance also provided for the repeal
of former Art. I, Peddlers, adopted 4-18-1966 by Ord. No. 77, as amended.
This ordinance shall be known and may be cited as the "Peddlers'
License Ordinance."
A.
PEDDLER
PEDDLING
(1)
(2)
(3)
PERSON
The following words and phrases, when used in this ordinance, shall
have the meanings ascribed to them in this section, unless the context
clearly indicates a different meaning:
Any "person" who shall engage in "peddling" as hereinbelow
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 Palmer; provided that the word "peddling" shall not
apply to:
Farmers selling their own produce.
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.
Any manufacturer or producer in the sale of bread, bakery products,
meat, meat products, milk or milk products.
Any natural person, association, partnership, firm or corporation.
B.
In this ordinance, the singular shall include the plural, and the
masculine shall include the feminine and the neuter.
[Amended 12-9-2013 by Ord. No. 2013-428; 10-14-2019 by Ord. No. 2019-456]
No person shall engage in peddling in the Township of Palmer without first having procured a license as herein provided. Each individual person engaging in peddling or soliciting must have his/her own license. Each license is valid only for the name of the person on the license. Licenses are not transferable from one person to another. The time for soliciting shall be 9:00 a.m. to 7:00 p.m. EST, Monday through Saturday. No peddling on Sundays or holidays shall be permitted. Peddlers and solicitors shall only approach residential premises at the entrance closest to the street and/or sidewalk. No side or rear entrances shall be approached unless such an entrance is the primary established entrance for the premises. This section, § 118-3, shall not apply to the following persons or groups:
A.
Any farmer engaged in the sale of his own produce in or about the
streets of the Township.
B.
Insurance companies or their agents, or insurance brokers, authorized
to transact business under the laws of the Commonwealth of Pennsylvania.
C.
Persons soliciting for school-based, charitable, service or religious
organizations.
D.
Persons distributing by vehicle on a regular route any meat, ice
cream, milk or bakery products.
Every person desiring to engage in the business of peddling
in the Township of Palmer shall first make application to the Chief
of Police of the Township for a license. Upon such application, such
person shall provide the following information and meet the requirement
set forth:
A.
The name and address of the applicant.
B.
A description (make, model, color, and year), VIN number and license
number of any vehicle which the applicant expects to use while peddling
or soliciting.
C.
The kind of goods and/or services which the applicant proposes to
engage in peddling, solicitations, selling or taking orders for.
D.
The specified length of time during which the applicant proposes
to engage in peddling or soliciting.
E.
A minimum of a current, valid driver's license, government-issued
identification card or other valid identification documentation.
F.
A certified criminal history record check from the Pennsylvania State
Police.
G.
The name and address of the company or companies peddling or soliciting
for.
H.
The application shall be sworn to and notarized before a notary public
or some other officer authorized to take affidavits within the Commonwealth
of Pennsylvania.
I.
A certified check, cashier's check or cash for the amount of the
applicable fee.
The fees for all permits and licenses shall be set by the Palmer
Township Board of Supervisors by resolution on an annual basis. Fees
shall not be refunded if any license is suspended or revoked by the
Chief of Police for violations or failure to comply with any provision(s)
of this ordinance.
Upon 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 and a current and
valid form of identification upon his person and shall exhibit such
license and identification, upon request, to all police officers,
Township officials, and citizens. No peddler shall engage in selling
any product not mentioned upon such license, nor shall any person
having a foot peddler's license operate from, with, or in conjunction
with any motor vehicle.
No person licensed as a peddler under this ordinance 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 ordinance shall park
any vehicle upon any of the streets or alleys of the Township of Palmer
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 vehicles 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 ordinance 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 Chief of Police of the Township shall keep a record of all
licenses issued under this ordinance and shall supervise the activities
of all holders of such licenses.
A.
The Chief of Police is authorized to suspend any license issued hereunder
when he/she deems such suspension to be necessary for the protection
of the public health, safety, security, morals or from rudeness, profanities,
harassment, intimidation and alarm or for giving any false information
upon any application for a license hereunder.
B.
Any person aggrieved by any such suspension may file an appeal thereof,
in writing, with the Board of Supervisors within 10 days of such suspension,
whereupon the Board of Supervisors shall fix a time and place for
the hearing of the appeal, which time shall be not later than 10 days
from the receipt of the appeal. The Board of Supervisors shall hear
to the aforesaid appeals, and the decision of the Board shall be final.
A.
Any person who shall violate any of the provisions of this ordinance
shall, upon conviction before a District Judge, be sentenced to pay
a fine of not more than $600 and the costs of prosecution and, in
default of payment thereof, to imprisonment for not more than 30 days.
B.
Each day of violation of the particular code or ordinance applicable
shall be considered a separate offense, for which the fines and penalties
stated herein may be imposed on a daily basis.
The provisions of this ordinance are severable,
and if any provision thereof shall be held to be unconstitutional,
invalid or illegal by any court of competent jurisdiction, such decision
shall not affect the validity of any of the remaining provisions of
this ordinance. It is hereby declared as the legislative intent that
this ordinance would have been enacted had such unconstitutional,
invalid or illegal provision not been included therein.
The provisions of this ordinance shall become
effective five days from the date of adoption.
[Adopted 8-3-1959 by Ord. No. 29]
Every person, whether principal or agent, entering
into, beginning or desiring to begin a transient retail business in
the Township of Palmer for the sale of any goods wares or merchandise
whatsoever, and who hires, leases, occupies or uses any room, apartment,
store, shop, building, railway car or other place or structure for
the exhibition and sale of such goods, wares or merchandise, shall,
before starting such sale, take out a license for the same from the
Supervisors of the said Township of Palmer.
[Amended 12-18-2000 by Ord. No. 2000-294]
The fee to be paid for such license shall be
set by the Palmer Township Board of Supervisors by resolution. The
fee shall be collected by the Supervisors before they shall issue
any license under the provisions of this ordinance. Said license shall
be renewed monthly by the Supervisors during the continuance of said
sale.
Nothing contained in this ordinance shall apply
to:
[Amended 10-25-1988 by Ord. No. 227]
A.
Any person who shall violate any of the provisions
of this ordinance by failing to secure the license required thereby
or to renew the said license, as the case may be, shall, upon conviction
thereof, be sentenced to pay a fine of not more than $600 and costs
of prosecution and, in default of payment thereof, to imprisonment
for not more than 30 days.
B.
Each day of violation of the particular code or ordinance
applicable shall be considered a separate offense, for which the fines
and penalties stated herein may be imposed on a daily basis.
All ordinances or parts of ordinances inconsistent
herewith shall be and the same are hereby repealed.
