[Adopted 5-10-1965 by Ord. No. 994]
As used in this article, the following terms shall have the
meanings indicated:
Includes any person, whether a resident of the Borough of
Lodi or not, traveling by foot, wagon, automobile vehicle or any other
type of conveyance from place to place, from house to house or from
street to street, carrying, conveying or transporting goods, wares,
merchandise, meats, fish, vegetables, fruits, food, ice cream, fruit
ices, soda water, garden farm products or provisions, offering and
exposing the same for sale or making sales and delivering articles
to purchasers. The word "peddler" shall include the words "hawker"
and "huckster" and shall also include those persons soliciting the
sale of merchandise for future delivery and those persons soliciting
the sale of services.
Includes the singular and the plural and shall also mean
and include any person, firm or corporation, association, club, copartnership
or society or any other organization.
It shall be unlawful for any person to engage in the business
of peddler, as defined in § 139-1 of this article, within
the corporate limits of the Borough of Lodi without first obtaining
a permit and license therefor as provided herein.
Applicants for a permit and license under this article must
file with the Borough Clerk a sworn application in writing (in duplicate)
on a form to be furnished by the Borough Clerk, which shall give the
following information:
A.
Name and description of the applicant.
B.
Address (legal and local).
C.
A brief description of the nature of the business and the goods to
be sold and, in the case of products of farm or orchard, whether produced
or grown by the applicants.
D.
If employed, the name and address of the employer, together with
credentials establishing the exact relationship.
E.
The length of time for which the right to do business is desired.
F.
If a vehicle is to be used, a description of the same, together with
license number or other means of identification.
G.
A photograph of the applicant taken within 60 days immediately prior
to the date of the filing of the application, which picture shall
be two inches by two inches, showing the head and shoulders of the
applicant in a clear and distinguishing manner.
H.
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance,
the nature of the offense and the punishment or penalty assessed therefor.
I.
The applicant shall file with his application a statement by a reputable
physician, dated not more than 10 days prior to submission of the
application, certifying the applicant to be free of infectious, contagious
or communicable disease. In addition thereto, the applicant shall
obtain and exhibit a food handler's permit issued by the Health
Officer of Lodi.
A.
Upon receipt of such application, the original shall be referred
to the Chief of Police, who shall cause such investigation of the
applicant's business and moral character to be made as he deems
necessary for the protection of the public good.
B.
If as a result of such investigation the applicant's character
or business responsibility is found to be unsatisfactory, the Chief
of Police shall endorse on such application his disapproval and his
reasons for the same and return said application to the Borough Clerk,
who shall notify the applicant that his application is disapproved
and that no permit and license will be issued.
C.
If as a result of such investigation the character and business responsibility
of the applicant are found to be satisfactory, the Chief of Police
shall endorse on the application his approval, execute a permit addressed
to the applicant for the carrying on of the business applied for and
return said permit, along with the application, to the Borough Clerk,
who shall, upon payment of the prescribed license fee, deliver to
the applicant his permit and issue a license. Such license shall contain
the signature and seal of the issuing officer and shall show the name,
address and photograph of said licensee, the class of license issued
and the kind of goods to be sold thereunder, the amount of fee paid,
the date of issuance and the length of time the same shall be operative,
as well as the license number and other identifying description of
any vehicle used in such peddling. The Clerk shall keep a permanent
record of all licenses issued.
No license issued under the provisions of this article shall
be used at any time by any person other than the one to whom it was
issued.
After 7:00 p.m. Eastern standard time or Daylight saving time,
whichever is in effect, no peddler or any person in his behalf shall
shout, make any cry-out, blow a horn, ring a bell or use any sound
device, including any loud-speaking radio or sound-amplifying system,
upon any of the streets, alleys, parks or other public places of said
Borough or upon any private premises in said Borough, where sound
of sufficient volume is emitted or produced therefrom to be capable
of being plainly heard upon the streets, avenues, alleys, parks or
other public places for the purpose of attracting attention to any
goods, wares or merchandise which such licensee proposes to sell.
No peddler shall have any exclusive right to any location in
the public streets, nor shall any be permitted a stationary location,
nor shall he be permitted to operate in any congested area where his
operation might impede or inconvenience the public. For the purpose
of this article, the judgment of a police officer, exercised in good
faith, shall be deemed conclusive as to whether the area is congested
or the public impeded or inconvenienced.
A.
No person shall sell, offer for sale, hawk or peddle in the Borough of Lodi any of the items listed in § 394-1 of this article between the hours of 4:30 p.m. and 6:00 p.m. and after 9:00 p.m.
B.
No person shall solicit, canvass or peddle from house to house or
door to door between November 15 and December 31.
It shall be the duty of any police officer of the Borough of
Lodi to require any person seen peddling and who is not known by such
officer to be duly licensed to produce his peddler's license
and to enforce the provisions of this article against any person found
to be violating the same.
The Chief of Police shall report to the Borough Clerk all convictions
for violation of this article, and the Borough Clerk shall maintain
a record for each license issued and record the reports of violation
therein.
A.
Permits and licenses issued under the provisions of this article
may be revoked by the Borough Council of the Borough of Lodi after
notice and hearing for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for license.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on his business as peddler.
(3)
Any violation of this article.
(4)
Conviction of any crime or misdemeanor involving moral turpitude.
(5)
Conducting the business of peddling in an unlawful manner or in such
a manner as to constitute a breach of the peace or to constitute a
menace to the health, safety or general welfare of the public.
B.
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed, postage
prepaid, to the licensee at his last known address at least five days
prior to the date for hearing.
Any person aggrieved by the action of the Chief of Police or the Borough Clerk in the denial of an application for permit or license as provided in § 394-4 of this article or in the decision with reference to the revocation of a license as provided in § 394-12 of this article shall have the right of appeal to the Council of the Borough of Lodi. Such appeal shall be taken by filing with the Council, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in § 394-12 of this article for notice of hearing on revocation. The decision and order of the Council on such appeal shall be final and conclusive.
All annual licenses issued under the provisions of this article
shall expire on the 31st day of December in the year when issued;
licenses other than annual licenses shall expire on the date specified
in the license.
Any person violating any of the provisions of this article shall,
upon conviction thereof, be punished by a fine not exceeding $2,000,
imprisonment for a period not exceeding 90 days and/or a period of
community service not exceeding 90 days.
