[HISTORY: Adopted by the Board of Supervisors of the Township
of Newtown 10-14-1974 as Article 315 of the Codified Ordinances of Newtown Township
1973. Amendments noted where applicable.]
A.
As used in this chapter, certain terms are defined as follows:
- PEDDLER
- Any person who engages in peddling, as herein defined.
- PEDDLING
- Engaged in peddling, canvassing, soliciting, hawking, selling or taking orders, either by sample or otherwise, for any goods, wares or merchandise upon the streets or sidewalks or from house to house within the Township. However, "peddling" does not apply to farmers selling their own produce; nor to the sale of goods, wares or merchandise donated by the owners thereof and the proceeds thereof are to be applied to any charitable or philanthropic purpose; nor to the taking of orders for merchandise by sample from retailers or merchants; nor to any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk and milk products; except that the peddling of ice cream, frozen ices or like products shall be included under these regulations for peddling.
- PERSON
- Any natural person, association, partnership, firm or corporation.
- TRANSIENT RETAIL MERCHANT
- Every person, whether principal or agent, entering into, beginning, desiring to begin or carrying on a transient retail business in the Township for the sale of any goods, wares or merchandise whatsoever and who hires, leases, occupies or uses any room, apartment, store, shop, building, railway car or other place or structure for the exhibition and sale of such goods, wares or merchandise. However, "transient retail merchant" does not include a farmer selling his own produce; nor anyone who sells goods, wares or merchandise which are donated by the owner thereof and the proceeds of the sale thereof are to be applied to any charitable or philanthropic purpose; nor any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk and milk products; nor any person taking orders for merchandise by sample from dealers or merchants.
B.
The singular includes the plural, and the masculine includes the
feminine and the neuter.
No person shall act as a transient retail merchant or engage
in peddling in the Township without first obtaining a license as provided
herein.
[Amended 4-24-1995 by Ord. No. 1995-2]
Every person desiring to engage in the activity of a transient
retail merchant or engage in peddling in the Township shall first
make application to the Township Manager for a license. Upon such
application, such person shall give his name, address, any criminal
record, the name of the person for whom he works, if any, the type
of goods, wares and merchandise he wishes to dispose of as a transient
retail merchant or peddler, 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. Where a person makes application for himself and
one or more helpers, all applicable personal information specified
above shall be given for each helper and an individual license shall
be required for each helper. No license issued under this chapter
shall be transferable from one person to another. The Township Manager
shall refer each application to the Police Department for investigation
of the applicant.
[Amended 4-24-1995 by Ord. No. 1995-2]
No license shall be issued under this chapter until the license
fee, in the amount therefor set by resolution of the Board of Supervisors,
shall be paid to the Township.
Upon making application therefor and paying the proper fee,
as herein specified, a license shall be issued to the applicant as
a transient retail merchant or a peddler, as requested in the application.
Such license shall contain the information required to be given upon
the application therefor. Transient retail merchants shall at all
times post the license in a conspicuous place in the room, apartment,
store, shop, building, railway car or other place or structure used
for the exhibition and sale of goods, wares or merchandise. Every
peddler shall at all times, when engaged in peddling in the Township,
carry such license upon his person and shall exhibit such license,
upon request, to all police officers, Township officials and residents.
No transient retail merchant and no peddler shall engage in the selling
of any products not mentioned upon such license.
A.
No person licensed as a transient retail merchant under this chapter
shall engage in this activity at any time on Sunday, nor on Monday
to Thursday, inclusive, before 9:00 a.m. or after 5:00 p.m. local
time, nor on Friday or Saturday before 9:00 a.m. or after 9:00 p.m.
local time.
B.
No person licensed as a peddler under this chapter shall engage in
peddling at any time on Sunday nor upon any other day of the week
during the period between 1/2 hour prior to sunset and 9:00 a.m. local
time.
[Amended 4-24-1995 by Ord. No. 1995-2]
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 Township,
nor shall be use any loudspeaker or horn or any other device 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 the streets, public ways or sidewalks of the Township
in order to sell goods, wares and merchandise from such vehicle or
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 the
streets or alleys; nor may any such person maintain or keep a street
or curbstone market by parking such vehicle on any street or alley
in the Township for longer than is necessary in order to sell therefrom
to persons residing in the immediate vicinity.
[Amended 4-24-1995 by Ord. No. 1995-2]
C.
No person licensed as a transient retail merchant or peddler under
this chapter shall occupy any fixed location or conduct sales upon
any of the streets, highways, alleys, rights-of-way or sidewalks in
the Township for the purpose of soliciting or peddling with or without
any stand or counter.
[Added 4-24-1995 by Ord. No. 1995-2]
The Township Manager shall keep a record of all licenses issued
under this chapter, and he shall supply the Chief of Police with a
list of all such licenses issued.
[Amended 4-24-1995 by Ord. No. 1995-2]
The Township Manager is hereby authorized to suspend or revoke
any license issued under this chapter upon proof that the application
for the license contained false information or when the applicant
has violated this chapter or when the licensee has been convicted
of or pled guilty to a crime involving moral turpitude after the issuance
of such license.
[Amended 4-24-1995 by Ord. No. 1995-2]
Any person, firm or corporation violating any provision of this
chapter shall, upon conviction, be punishable by a fine not exceeding
$600, plus costs of prosecution, and, in default of payment of such
fine and costs, shall be imprisoned for a term not exceeding 30 days.
