[HISTORY: Adopted by the Borough Council of the Borough of Masontown 1-5-1970 by Ord. No. 237, approved 1-5-1970. Sections 102-5 and 102-11 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any person who shall engage in peddling, as hereinafter defined.
- Engaging in peddling, canvassing, soliciting or taking of 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 Masontown. The word "peddling" shall not apply to:
- (1) Farmers selling their own produce.
- (2) The sale of goods, wares and merchandise donated by owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose.
- (3) 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.
In this chapter, the singular shall include the plural and the masculine shall include the feminine and the neuter.
No person shall engage in peddling in the Borough of Masontown without first having taken out a license as herein provided.
Every person desiring to engage in peddling in the Borough of Masontown shall first make application to the Mayor 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; 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 that, where a person makes application for himself and one or more helpers, all applicable personal information specified above shall be given for each helper.
No license issued under this chapter shall be transferable from one person to another.
[Amended 4-12-1977, approved 4-12-1977]
No license shall be issued under this chapter until the proper fee, as follows, shall be paid to the Mayor, which fee shall be for the use of the borough:
Foot peddler: $20 per day.
Peddler operating from any vehicle: $20 per day.
Each and every additional peddler employed by or with a foot peddler or peddler operating from any vehicle: $20 per day.
[Added 4-12-1977, approved 4-12-1977]
Any license issued hereunder shall be good only for the hours of 9:00 a.m. until 5:00 p.m., Monday through Saturday. No license shall be issued hereunder for peddling for any other hours or for any Sunday.
Upon making application therefor and paying the proper fee as herein specified, a license shall be issued to every peddler to be given upon the application therefor. Every peddler shall at all times, when engaged in peddling in the borough, carry such license upon his person and shall exhibit such license, upon request, to all police officers, borough officials and citizens. No peddler shall engage in selling any product not mentioned upon such license nor shall any person having a foot peddler's license operate from or with any horse-drawn or motor vehicle.
No person licensed as a peddler under this chapter 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 making a knocking sound for announcing his presence by which the public is annoyed.
No person licensed as a peddler under this chapter shall park any vehicle upon any of the streets or alleys of the borough in order to sort, rearrange or clean any of his goods, wares or merchandise; nor may any such person place or deposit any refuse upon any of such streets or alleys; nor may any such person maintain or keep a street or curbstone market by parking any vehicle upon any street or alley in the borough for longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.
No person licensed as a peddler under this chapter 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 of the Borough of Masontown is 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.
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than $100 and not more than $300 and costs and, in default of said fine and costs, to undergo imprisonment for a period not in excess of 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.