[HISTORY: Adopted by the Mayor and Council of the Borough
of Port Allegany 11-5-1979 by Ord. No. 342. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Port Allegany.
The Council of the Borough of Port Allegany.
The Secretary of the Borough of Port Allegany.
Any person who shall engage in peddling as hereinafter defined.
The selling or offering for sale of any goods, wares, services
or merchandise for immediate delivery which the person selling or
offering for sale carries with him or has in his possession or control
upon any of the streets or sidewalks, from house to house or by visitation
to private property, within the borough.
Any natural person, association, partnership, firm, organization
or corporation.
The seeking or taking of contracts or orders for any goods,
wares, services or merchandise for future delivery or for subscriptions
or contributions upon any of the streets or sidewalks, from house
to house, by visitation to private residences or by entering in or
upon private property within the borough.
Any person who shall engage in soliciting as defined above.
No person shall engage in soliciting or peddling in the borough
without first having applied for and received a license as herein
provided.
A.
Every person desiring to engage in soliciting or peddling in the
borough shall first make application to the Borough Secretary for
a license. If the applicant shall also be required to obtain a license
from a county officer, he shall, upon making such application, exhibit
a valid county license. The application shall be upon a blank provided
by the Borough Secretary and shall contain at least the following
information:
(1)
Full name of the applicant and local address, if any.
(2)
Permanent address.
(3)
Name and business address of the applicant's employer or a statement
that the applicant is self-employed.
(4)
The nature of the goods, services, wares or merchandise offered for
sale.
(5)
A statement as to whether or not the applicant has ever been convicted
of any crime and, if the answer is affirmative, the nature of the
offense or offenses and the punishment or punishments imposed.
(6)
The type and license number(s) of vehicles(s) to be used, if any.
(7)
The applicant shall furnish a photograph of himself or herself and
each helper. All photographs will be retained by the borough.
B.
When a person makes application for himself and one or more helpers,
all information listed above shall be given for each helper. No license
under this chapter shall be transferable from one person to another.
A.
No license shall be issued under this chapter until the appropriate
fee shall be paid to the Borough Secretary. A separate application
and a separate permit fee shall be paid by each person who shall actually
conduct the peddling or soliciting.
B.
Fees to be paid to the Borough Secretary for a license will be established
by resolution of the Council and will be posted in the borough office.
Any license granted in accordance with this chapter shall be
valid only after receipt of the appropriate fee and only for the duration
of the period shown on the license. Upon expiration of the term of
the license issued, the person holding the license may continue to
peddle and solicit upon filing a new application and paying a new
license fee.
A.
The license, when issued, shall state, inter alia, the products to
be sold or service to be rendered by the licensee.
B.
Every solicitor or peddler shall, at all times when engaged in soliciting
or peddling in the borough, carry the license upon his or her person
and shall exhibit it upon request to all citizens, police officers
and borough officials.
C.
No solicitor or peddler shall engage in selling any product or service
not shown on the license.
No person licensed as a solicitor or peddler under this chapter
shall engage in soliciting or peddling on any day of the week before
9:00 a.m. or after 9:00 p.m., local time, except that when special
events are locally staged or sponsored by a borough organization,
the time shall be extended until conclusion of the special event.
The provisions of this chapter shall not prohibit any person
from peddling or selling vegetables or animal or poultry products
raised on the person's own property; nor shall the provisions
of this chapter prohibit soliciting or peddling by any person or organization
requesting or soliciting alms, subscriptions or contributions to any
recognized church, charitable organization or public institution or
for the purpose of distributing any handbill, pamphlet, tract, notice
or advertising matter.
A.
Solicitors or peddlers licensed under this chapter shall not park
any vehicle upon any of the streets, highways or alleys of the borough
in any manner as to create a hazard to vehicular or pedestrian traffic.
B.
The licensed person shall not place or deposit any refuse on any
street, highway or alley, nor shall be or she maintain or keep a street
or curbstone market by parking any vehicle upon any street, highway
or alley in the borough for any longer than one hour unless permission
to do so has been granted at the time of licensing.
The issuance of a license under the provisions of this chapter
does not grant the right to establish a stand, counter or other permanent
location of any kind upon any of the sidewalks, streets, highways
or alleys in the borough, except during special community activities
when any or all local commercial establishments conduct sidewalk sales
or when permitted to do so at the time of licensing.
No person licensed under this chapter shall hawk or cry his
or her wares or services upon any of the streets or sidewalks of the
borough, nor shall be or she use any loudspeaker, bell, whistle, electronic
device or other annoying means for annoucing his or her presence by
which the public is annoyed.
The Borough Secretary shall keep a record of all licenses issued
under this chapter, and the Chief of Police shall apply daily for
a list of licenses issued hereunder since the previous day. The Chief
of Police shall supervise the activities of all holders of these licenses
and make a report thereof each month to the Borough Council.
A.
Any license issued under this chapter may be suspended by the Borough
Police Department for any of the following:
(1)
Violation of any of the provisions of this chapter.
(2)
Giving false information in applying for a license.
(3)
Having been convicted of a crime involving moral turpitude after
the issuance of the license.
(4)
Having been convicted of disorderly conduct under commonwealth law.
(5)
Violation of any borough ordinance.
B.
Appeals from any suspension may be made to the Borough Council at
any time within 10 days after the suspension. No part of a license
fee shall be refunded to any person whose license shall have been
suspended.
If any court of competent jurisdiction shall find any part of
this chapter invalid or unenforceable, such determination shall have
no effect on any other part of this chapter, and legal effect may
be given to any part not found illegal or ineffective.
Any person who shall violate any of the provisions of this chapter
shall be guilty of a summary offense and, upon conviction thereof,
shall be fined not more than $300 and costs of prosecution for such
offense or, in default of payment of the fine and costs, undergo imprisonment
for not more than 30 days. Each day's violation of any of the
provisions of this chapter shall constitute a separate violation.
This chapter shall take effect immediately upon enactment by
the Borough Council and upon advertising pursuant to law.
