[HISTORY: Adopted by the Council of the Borough of Lititz 8-26-1969 by Ord. No. C-98, approved 8-29-1969. Sections 87-4A and 87-10 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 55.
A. 
Unless otherwise stated, the following words and phrases shall be construed throughout this chapter to have the meanings herein indicated:
BOROUGH
The Borough of Lititz, Lancaster County, Pennsylvania.
CANVASSING OR SOLICITING
The taking of orders for future deliveries of tangible commodities, intangible services or subscriptions, without appointments or invitation, from house to house, on the streets or in any public place, regardless of the time of delivery of the commodities, performance of the services or the collection of the selling price for them.
PEDDLING
The selling of tangible commodities, without appointment or invitation, from house to house, on the streets or in any public place, regardless of the time of delivery of the commodities or the collection of the selling price for them.
PERSON
Any natural person, association, partnership, firm or corporation.
B. 
In this chapter, the singular shall include the plural and the masculine shall include the feminine and neuter gender.
No person shall engage in peddling, canvassing or soliciting in the borough without first having taken out a license as herein provided.
A. 
Every person desiring to engage in peddling, canvassing or soliciting in the borough shall first make an application to the Mayor of the borough, through the Police Department, for a license. Upon such application, the person shall give:
(1) 
His name, address and previous criminal record, if any.
(2) 
The names and addresses of persons for whom he works, including his immediate supervisor.
(3) 
The type of tangible commodities he wishes to peddle and/or the type of tangible commodities, services or subscriptions for which he will canvass or solicit.
(4) 
The length of time for which he wishes to be licensed.
(5) 
The type of vehicle he will use.
(6) 
The number of his helpers.
B. 
The foregoing information must be given for each helper, who also must apply for a license. No license issued hereunder shall be transferable from one person to another.
[Amended 12-30-1975 by Ord. No. C-181, approved 12-30-1975]
A. 
No license shall be issued hereunder until the applicant pays to the borough for its use the appropriate fee based upon the schedule as provided in Chapter 55, Fees.[1]
[1]
Editor's Note: Amended at time of adoption of Code: see Ch. 1, General Provisions, Art. I.
B. 
Notwithstanding the foregoing Subsection A, no license fee shall be charged:
(1) 
To farmers selling their own produce.
(2) 
For the sale of goods, wares and merchandise or for the collection of donations, the proceeds whereof are to be applied to any charitable or philanthropic purpose.
(3) 
To any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk or milk products.
C. 
Any peddler, canvasser or solicitor dealing in one or more of the excepted categories above who also peddles, canvasses or solicits commodities, services or subscriptions not excepted shall be subject to the license fee fixed for his activities in connection with the nonexcepted categories.
Upon approval of an application thereof and after receiving the appropriate fee from the applicant as specified above, a license shall be issued to such person. Such license shall contain the information required to be given upon the application thereof. Every such person shall at all times when engaged in peddling, canvassing or soliciting in the borough carry such license upon his person and shall exhibit such license upon request to any borough officer, borough official or citizen. Such person shall peddle, canvass or solicit only for those commodities, services or subscriptions set forth on his license.
No person licensed as a peddler, canvasser or solicitor under this chapter shall engage in peddling, canvassing or soliciting at any time on a Sunday or legal holiday or upon any other day of the week before 9:00 a.m. or after 5:00 p.m., prevailing local time, except for those qualifying under § 87-4B(3), when peddling on the street may continue until 10:00 p.m., prevailing time.
[Amended 8-14-1990 by Ord. No. 333]
A. 
No person licensed as a peddler, canvasser or solicitor under this chapter, unless duly noted as an exception qualifying under § 87-7B, shall hawk or cry his wares upon any of the streets or sidewalks of the borough, nor shall be use any loudspeaker or horn or any other device for announcing his presence.
B. 
Notwithstanding the foregoing Subsection A, ice cream vendors shall be permitted to announce their presence on the streets by ringing bells and/or playing soft music, between the hours of 10:00 a.m. and 8:00 p.m.
The Mayor shall keep a record of all licenses issued under this chapter. The Mayor and the Chief of Police shall supervise the activities of all persons holding such licenses.
The Mayor of the Borough of Lititz or the Chief of Police are 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 10-31-1978 by Ord. No. C-224, approved 10-31-1978]
Any person who shall violate any of the provisions of this chapter shall, upon summary conviction thereof, be sentenced to pay a fine not to exceed the maximum fine of $300, plus costs of prosecution, and in default of payment of such costs and prosecution, imprisonment for a term not exceeding 30 days; provided, however, that if the District Justice determines that the defendant is without the financial means to pay the fines and costs immediately or in a single remittance, such defendant shall be permitted to pay the fines or costs in installments and over such periods of time as the District Justice deems to be just.