[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.]
A.
PEDDLER
PEDDLING
(1)
(2)
(3)
PERSON
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:
Farmers selling their own produce.
The sale of goods, wares and merchandise donated by 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.
B.
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[1]]
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:
[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.
A.
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.
B.
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.
C.
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.
