[HISTORY: Adopted by the Borough Council
of the Borough of Bonneauville as indicated in article histories.
Amendments noted where applicable.]
[Adopted 6-25-1963 by Ord. No. 8 (Ch.
13, Part 1, of the 1994 Code)]
Within this article, the singular shall include
the plural and the masculine shall include the feminine and the neuter;
and, the following words will have the meanings indicated:
Any person who shall engage in peddling, as hereinafter defined.
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 sidewalks or from house to house within
the Borough of Bonneauville, provided 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 and bakery products, meat and meat products, or milk or milk
products.
Any natural person, association, partnership, firm or corporation.
No person shall engage in peddling within the
Borough of Bonneauville without first having taken out a license as
herein provided.
Every person desiring to engage in peddling
in the Borough of Bonneauville shall first make application to the
Borough Secretary for a license. If such person shall also be required
to obtain a license from any county officer, he shall, when making
such application, exhibit a valid county license. Upon such application,
such person shall give his name and address; his previous criminal
record, if any; the name of the person for whom he works, if any;
the type of goods, wares and merchandise he wishes to peddle; the
length of time for which he wishes to be licensed; the type of vehicle
he uses, if any; and the number of helpers he has, provided where
a person makes application for himself and one or more helpers, all
applicable personal information specified above shall be given for
each helper, and an individual license shall be required for each
helper. No license issued under this article shall be transferable
from one person to another.
[Amended 4-19-1994 by Ord. No. 69]
No license shall be issued under this article
until the applicable fee, as established by resolution of Borough
Council, shall have been paid to the Secretary for the use of the
Borough.
Upon making application therefor and paying
the fee required by this article, a license shall be issued to every
peddler. Such license shall contain the information required to be
given in the application therefor. Every peddler shall, at all times
when engaged in peddling within the Borough, carry such license upon
his person, and shall exhibit such license, upon request, to any police
officer, Borough official or citizen. No person shall engage in peddling
any product not mentioned upon such license.
No person shall engage in peddling within the
Borough at any time on Sunday, or upon any other day of the week before
9:00 a.m. or after 7:00 p.m.
No peddler shall hawk or cry his wares upon
any of the streets or sidewalks in the Borough, nor shall any peddler
use any loud speaker or horn or any other device for announcing his
presence by which the public is annoyed, except that a bell of reasonable
loudness or other similar device may be used.
No peddler shall park any vehicle upon any of
the streets or alleys of the Borough to sort, rearrange or clean any
of his goods, wares or merchandise; nor may any peddler place or deposit
any refuse upon any of such streets or alleys; nor may any peddler
maintain or keep a street or curbstone market by parking any vehicle
upon any street for longer than necessary in order to sell therefrom
to persons residing in the immediate vicinity.
No person shall occupy any fixed location upon
any of the streets, alleys or sidewalks of the Borough for the purpose
of peddling, with or without any stand or counter.
The Mayor shall have authority to suspend or
revoke any license issued under this article when he deems such suspension
or revocation to be beneficial to the public health, safety or morals,
or for violation of any of the provisions of this article, or for
giving false or incomplete information upon any application for a
license hereunder. Provided, no portion of a license fee shall be
refunded in the case of a suspension or revocation of a license. Provided
further, any person whose license shall have been revoked may appeal
from such revocation to the Borough Council, which may either sustain
such revocation or reverse the same and direct that the license be
restored to the person; in either event the decision of the Council
shall be final.
[Amended 4-19-1994 by Ord. No. 69; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who shall violate any provision of
this article shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced and committed to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this article in equity in the Court of Common Pleas of Adams County.
