[HISTORY: Adopted by the Borough Council of the Borough of
Mount Joy as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-10-1992 by Ord. No. 494 (Ch. 13, Part 1, of the
1992 Code of Ordinances)]
It shall be unlawful for any individual to solicit funds, peddle,
canvass, or take orders for any goods, wares, or merchandise upon
any street, alley, sidewalk or public place or from house to house
in Mount Joy Borough without first obtaining a license as provided
herein, except that no license shall be required for the following:
A.
Farmers selling their own products.
B.
Persons soliciting funds or selling goods, wares or merchandise donated
by the owner thereof, where the funds or proceeds of the sale are
to be applied exclusively for a charitable or philanthropic purpose.
C.
Representatives and members of Boy Scouts of America, Girl Scouts
of America, Lions, Kiwanis, American Association of Retired Persons,
Disabled American Veterans, YWCA and YMCA and YMHA, Red Cross, Salvation
Army and other national and international service organizations and
associations existing for the benefit of young, aged, handicapped
or stricken persons and soliciting or selling for the purpose of self-perpetuation
and which may be registered as a charitable organization with the
state or federal government.
D.
Manufacturers or producers of bread and baking products, meat and
meat products or milk or milk products who sell their own products.
E.
Insurance and real estate agents and brokers licensed by the Commonwealth
of Pennsylvania.
F.
School children selling goods, wares or merchandise where the funds
or proceeds of the sale are to be applied exclusively for a function
or organization sponsored or approved by the school where such children
attend.[1]
G.
Any person taking orders for merchandise from dealers or merchants
for resale to an ultimate consumer.
A.
Every individual desiring to engage in those acts prohibited in § 188-1 of this article and not exempt thereby must obtain a license from the Borough Police Department.
B.
To obtain a license, individuals must complete a written application,
which shall contain such information as is reasonably required by
the Borough Police Department, and shall permit the Borough Police
Department to photograph the individual for the purpose of identification,
if requested to do so.
C.
Following the completion of such application, the Borough Police
Department shall have 72 hours to investigate the applicant and to
grant or deny the license.
D.
The Chief of Police of Mount Joy Borough, or his authorized Deputy,
may refuse to issue a license in cases where investigation shall disclose
a criminal record or any false or misleading statement on the application.
The appeal on refusal to issue a license shall be made within 10 days
to the Borough Council of Mount Joy Borough by filing written notice
of the appeal with the Secretary of the Borough. Borough Council shall
thereafter hold a hearing and render a decision on the refusal to
issue a license pursuant to the provisions of the Local Agency Law,
2 Pa.C.S.A. §§ 551 et seq. and 751 et seq.[1]
E.
The Chief of Police, or his authorized Deputy, is hereby authorized to suspend or revoke any license issued under this article when he deems such suspension or revocation to be in the interest of the public health, safety or morals or for the violation of any of the provisions of this article or for giving false information upon any application for a license. Appeals from any suspension or revocation may be made in the manner outlined in Subsection D of this section.
The license shall be dated and signed by the Chief of Police,
or his authorized Deputy, and shall be valid for the period of time
desired by the applicant, not to exceed 30 days. The license shall
be in the individual's possession and shall be prominently displayed
at all times while engaged in solicitation.
No license issued under this article shall be transferable from
one person to another.
A separate application shall be filed by each person who shall
actually conduct the soliciting or peddling. This requirement shall
apply where an employer desires to secure licenses for his employees,
agents or servants.
A.
The license granted pursuant to this article shall be valid for 30
days after the date such license is issued, and, upon the expiration
of any license, if the person holding the same shall desire to continue
or renew soliciting or peddling, he shall be required to file a new
application for a license.
B.
Such licenses may be issued in advance for consecutive thirty-day
periods not exceeding six in number.
A.
No person engaged in any transient retail business shall:
(1)
Sell
any product or type of product not mentioned in his license.
(2)
Hawk
or cry his wares upon any of the streets, alleys, sidewalks or public
grounds in the Borough.
(3)
When
selling from a vehicle, stop or park such vehicle upon any of the
streets or alleys in the Borough for longer than necessary in order
to sell therefrom to persons residing in the immediate vicinity.
(4)
Park
any vehicle upon any of the streets or alleys in the Borough for the
purpose of sorting, rearranging or cleaning any of his goods, wares
or merchandise or of disposing of any carton or wrapping material
or of any stock or wares or foodstuffs which shall have become unsalable
through handling, age or otherwise.
B.
No person shall engage in any transient retail business within the Borough without first having obtained a license as set forth herein. The license fee shall be as established by resolution or ordinance of Borough Council for each period for which the license is valid as set forth in § 188-3 herein.[1]
Soliciting funds, canvassing, peddling, or taking orders, whether
by sample or otherwise, for any goods, wares or merchandise from house
to house in the Borough of Mount Joy shall be permitted only between
the hours of 9:00 a.m. and 9:00 p.m., Monday through Saturday.
[Amended 9-14-1992 by Ord. No. 497]
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600, plus costs, and, in default of payment
of said fine and costs, to imprisonment for not more than 30 days.
Each day that a violation of this article continues shall constitute
a separate offense.