[Adopted as Ch. 113 of the 1975 Code]
No person shall engage in peddling within the
Borough of Lehighton unless he shall first have taken out and have
in his possession a valid license from the Borough, as herein provided.
In any instance, the Mayor may require that
a waiting period of 24 hours elapse between the making of an application
for a license and the issuing of such license by the Mayor. During
such waiting period, the Mayor may make such investigation as he may
deem necessary into the accuracy of the information given in the application
for a license, and he may deny a license in any case where he finds
that any of the information contained in any application is false
or misleading.
No person licensed under the provisions of this
article shall peddle on Sundays or holidays, and on other days of
the week, he shall peddle only between the hours of 9:00 a.m. and
4:00 p.m. unless specifically having been invited to a house by the
occupant or having made an appointment with such person previously.
[Amended 8-26-1991 by Ord. No. 413]
Any person who shall violate any of the provisions
of this article shall, upon conviction thereof before any District
Justice, be subject to a fine of not less than $10 nor more than $600
and costs of prosecution and, in default of payment of such fine and
costs, to imprisonment in the county jail for not more than 30 days.
[Adopted 6-26-2017 by Ord. No. 638-2017]
The Council, desiring to promote and facilitate the continued
revitalization of Lehighton Borough by fostering a program which would
positively contribute to the aesthetic appearance, vitality and excitement
of the Borough, increase the pleasurable experience of both shoppers
and Borough residents and enhance the success of the existing merchant
base, finds and declares that the establishment of a strictly regulated
sidewalk cart vendor and truck vendor program, limited as to location
and type of vendor so as not to impede or be disruptive to orderly
and efficient pedestrian use of the sidewalks or Borough areas such
as parks and streets, nor unduly interfere with established business
upon whose success the continued vitality of the Borough depends,
would significantly and substantially contribute to the Borough's
revitalization and be, therefore, in the public interest.
For the purposes of this article, certain terms shall be defined
as follows:
CART AND TRUCK VENDING AREAS
The public sidewalks encompassed within and limited to the
downtown area of Lehighton Borough including First Street, Second
Street and Stanley Hoffman Boulevard and specifically including the
Trailhead located along Stanley Hoffman Boulevard and such other public
areas within the Borough as may be designated by resolution of Borough
Council.
CART AND TRUCK VENDING LOCATION
A fixed location within a cart and truck vending area as
has been designated by the Borough Manager to be available for placement
of a vending cart or vending truck licensed under this article.
CART VENDOR/TRUCK VENDOR
A person selling or offering for sale food products or natural
products from a vending cart or vending truck.
FIRE CHIEF
The Fire Chief of the Borough of Lehighton and his/her assistants.
FOOD PRODUCTS
Includes and shall be limited to such foods intended for
immediate consumption following sale as can, without threat or danger
to the public health, be maintained and sold from portable vending
carts and trucks which shall include, but not be limited to food and
non-alcoholic beverages such as, but not limited to biscuits or sandwiches
made from biscuits, hot dogs, sausages, bagels, pastries, candy, fresh
fruit, burritos, kabobs, sushi, chicken, beef or pork meat, prepackaged
sandwiches, chips, popcorn, nuts, pretzels, ice products, ice cream,
milk products, frozen yogurt, hot and cold beverages containing no
alcohol, and condiments related to permitted merchandise. Tobacco
products are not permitted merchandise.
NATURAL PRODUCTS
Includes and shall be limited to whole fruits and vegetables
(uncut, unfrozen, unprocessed, raw fruits and vegetables), flowers
and such other nonmanufactured products suitable for sale from portable
vending carts or vending trucks where the vending cart or vending
truck occupies a designated location.
PERSON
Any individual, firm, partnership, association, corporation,
company or organization of any kind, and when used in any clause prescribing
and imposing a penalty, "person" includes the individual members,
partners, officers and managers (or any of them) of partnerships,
associations and similar entities, and other officers, directors and
managers (or any of them) of corporations.
The Borough Manager and his/or designated agent may promulgate
such regulations as are necessary for the proper administration and
enforcement of this article. Before becoming effective, any such regulations
shall be approved by resolution of the Borough Council and thereafter
shall be available for public inspection.