No person shall engage in peddling in the Borough of Mahanoy
City without first having taken out a license as herein provided.
Every person desiring to engage in peddling in the Borough of
Mahanoy City shall first make application to the Mayor for a 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 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.
The license fee shall be $100 for one year or any part thereof,
the year to commence from the date of the issuance of said license.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The provisions of this chapter shall not apply to any person
or individual that is merely proselytizing for either religious or
political purposes, distributing religious or political handbills
at no cost, or exercising the right to anonymous religious or political
speech without soliciting any funds and without selling any goods
or soliciting for contributions.
Upon making application therefor and upon approval by the Mayor
and paying the proper fee as herein specified, a license shall be
issued to every peddler. Such license shall contain the information
required 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.
No person licensed as a peddler under this chapter shall engage
in peddling at any time on Sunday or upon any other day of the week
before 9:00 a.m. or after 5:00 p.m.
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 for announcing
his presence by which the public is annoyed.
No person licensed as a peddler under this chapter shall place
or deposit any refuse upon any of the 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
a 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 shall keep a record of all licenses issued under this
chapter. The Mayor and the Chief of Police shall supervise the activities
of all holders of such licenses.
The Mayor of the Borough of Mahanoy City is hereby authorized
to revoke any license issued under this chapter when he deems such
revocation to be beneficial to the public health, safety or morals,
or for violation of any of the provisions of this chapter or for false
information having been given upon any application for a license hereunder.
[Amended 5-5-1981 by Ord.
No. 81-3; at time of adoption of Code (see Ch. 1,
General Provisions, Art. I)
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Schuylkill County.