[HISTORY: Adopted by the Borough Council of the Borough of Waynesboro 5-4-2011 by Ord. No. 1103. Amendments noted where applicable.]
This chapter shall be known as "Waynesboro Borough Peddling and Soliciting Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
- Any natural person, association, partnership, firm or corporation.
- TRANSIENT RETAIL BUSINESS
- Includes the following:
- (1) Engaging in peddling, canvassing, soliciting or taking orders, either by sample or otherwise, for any goods, wares or merchandise, upon any of the streets or alleys, sidewalks or public grounds, or from house to house, within the Borough of Waynesboro; and
- (2) Selling, soliciting or taking orders for any goods, wares or merchandise, from a fixed location within the Borough, on a temporary basis, which shall include, but shall not be limited to, such activities conducted at the time of special occasions or celebrations, for seasonal purposes, or for or in advance of specific yearly holidays.
- TRANSIENT VENDOR
- Any natural person engaged in transient retail business on behalf of themselves or another person.
In this chapter, the masculine shall include the feminine, the singular shall include the plural and the plural shall include the singular.
No person shall engage in any transient retail business within the Borough of Waynesboro without first having obtained from the Borough Manager a license for a fee which the Borough Council shall set from time to time by resolution. Each transient vendor shall be required to obtain his own license.
Provided, no license fee shall be charged under this section: (a) to farmers selling their own produce; (b) for the sale of goods, wares and merchandise, donated by the owners thereof, the proceeds thereof are to be applied to any charitable or philanthropic purpose; (c) to any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk and milk products; or (d) for the sale of goods, wares and merchandise, sold by the owners thereof for the purpose of profit at an event commonly known as "sidewalk sale" conducted under the auspices or sponsorship of any civic, charitable or philanthropic association, but all persons exempted hereby from payment of the license fee shall be required to register with the Borough Manager and to obtain a license without fee.
Provided further, any person dealing in one or more of the hereinabove mentioned exempted categories, and selling other goods, wares or merchandise not so exempted, shall be subject to the payment of the license fee fixed by this section for his activities in connection with the sale of goods, wares and merchandise not in such exempted categories.
Provided further, the Manager shall similarly exempt from payment of the license fee but not from registering with him, persons working without compensation and selling goods, wares or merchandise for the sole benefit of any nonprofit corporation and persons selling goods, wares and merchandise at an event commonly known as "sidewalk sale" under the auspices or sponsorship of any civic, charitable or philanthropic association.
Provided further, every license issued under the privilege of this chapter shall be issued on an individual basis to each natural person engaging in such business; every individual shall obtain a separate license issued to him in his name and the license fee hereby imposed shall be applicable to every such individual license; excepting, however, any civic, charitable or philanthropic association conducting or sponsoring an event commonly known as "sidewalk sale" may apply for and shall be issued one license which apply to all persons selling goods, wares and merchandise at such event and any such civic, charitable or philanthropic association conducting or sponsoring such an event shall be exempt from payment of the license fee fixed by this section.
Every transient vendor desiring a license under this chapter shall first make application to the Borough Manager for such license. If such transient vendor shall also be required to obtain a license from any state or county officer, he shall, when making such application, exhibit a valid license from such state or county officer. The applicant shall give his name, address and telephone number, his previous criminal record, if any, the name of the person by whom he is employed, the type of goods, wares and merchandise he wishes to deal with in such transient retail business, the length of time for which such license is to be issued, and the type and license number of the vehicle to be used by him, if any, in addition to any information requested on the application form established by the Borough Manager.
The Borough Manager shall have five business days from the date that the Borough Manager receives the application to issue the license. If the Borough Manager does not issue the license with the time prescribed, the application shall be deemed denied. The applicant may appeal such denial to the Borough Council within 10 days after such denial. The license fee shall not be refunded if the application is denied.
Upon receipt of such application and the prescribed fee, the Manager, if he shall find such application in order, shall issue the license required under this chapter. Such license shall contain the information required to be given on the application therefor. Every license holder shall carry such license upon his person, if engaged in a transient retail business from house to house or upon the streets, alleys, sidewalks or public grounds, or shall display such license at the location where he shall engage in such business if doing so at a fixed location. He shall exhibit such license at all times by placing the license at a conspicuous and readily available visible location on his person, and shall upon request allow, all police officers, Borough officials, patrons, and citizens or residents of the Borough to examine such license.
No person or transient vendor engaged in a transient retail business shall:
Sell any product or type of product not mentioned in his license;
Hawk or cry his wares on any of the streets, alleys, sidewalks or public grounds in the Borough;
When selling from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Borough for longer than necessary to sell therefrom to persons residing or working in the immediate vicinity;
Park any vehicle upon any of the streets or alleys in the Borough for the purpose of sorting, rearranging or cleaning any of his goods, wares or merchandise, or of disposing of any carton, wrapping material or of any stock or wares or foodstuffs which have become unsalable through handling, age or otherwise; or
Engage in such business at any time on Sunday, or on any other day of the week after 7:00 p.m. in the case of persons operating from house to house or after 9:00 p.m. in the case of persons not operating from house to house, but operating instead upon the streets, alleys, sidewalks or public grounds or from a fixed location. Hours may be extended upon receipt of special written permission from the Mayor or Chief of Police.
The Borough Manager or the Assistant Borough Manager shall supervise the activities of all persons holding licenses under this chapter, and he shall keep a record of all licenses issued hereunder, and shall make a report thereof each month to the Borough Council.
The Mayor or the Chief of Police of the Borough of Waynesboro is hereby authorized to suspend any license issued under this chapter when he shall deem such suspension to be beneficial to the public health, safety, welfare or morals, or for violation of any provision of this chapter, or for giving false or incomplete information upon any application for a license hereunder. Upon suspension, the license shall become null and void. Appeals from any suspension may be made to the Borough Council at any time within 10 days after such suspension. No part of a license fee shall be refunded to any person whose license shall have been suspended.
Any person or transient vendor whose license under the chapter is suspended or revoked, or who has been convicted or a violation of this chapter, shall not be issued another license under this chapter for a period of two years after the date of suspension, revocation, or conviction.
Any person who shall violate any provision of this chapter shall, for every such violation, upon conviction thereof, be sentenced to pay a fine of not more than $600 and costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than 30 days. Provided, each day's violation of any provision of this chapter shall constitute a separate violation, and each section of this chapter that is violated shall also constitute a separate offense.
If any section, paragraph, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this chapter.