[HISTORY: Adopted by the Town Council of the Borough of West
View 11-5-1975 by Ord. No. 1177 (Ch. 102 of the 1977 Code). Amendments
noted where applicable.]
Hereafter, it shall be unlawful for any person, firm or corporation
to hawk, peddle, sell or offer for sale any goods, wares, merchandise,
books, periodicals, magazines or other commodity or services; or to
solicit subscriptions to books, magazines, periodicals or other commodities
in, upon or along any of the public streets, alleys or public places
of the Borough of West View or by going from house to house for the
purpose of such hawking, peddling, selling or offering to sell; or
to solicit orders for agreements to purchase any goods, wares, merchandise,
books, magazines or periodicals or other commodity or services; or
to solicit subscriptions to books, magazines, periodicals or other
commodities in, upon or along any of the public streets, alleys or
public places in the Borough of West View or by traveling from house
to house for such purposes without having first procured a license
to do so.
A.
It shall be the duty of any person, firm, corporation, association or other entity desiring to do any of the things set forth in § 212-1, within the limits of the Borough of West View, to make application to the Chief of Police of the Borough of West View for a license to do so.
B.
It shall be the duty of said Chief of Police to investigate said
application, the character of the person desiring the license, the
character of the goods to be sold and the contracts to be entered
into, in relation to the same, and if, after such investigation, the
Chief of Police is convinced that the transactions desired to be carried
on are fair, honest and in the public interest, a license shall be
granted upon payment of the fees hereinafter set forth.
C.
If, after investigation, the Chief of Police is of the opinion that
the transactions sought to be carried out by the license are not honest,
fair and in the public interest, he shall refuse the license and the
petitioner may, if he so desires, appeal from the decision of the
Chief of Police to the Council of the Borough of West View within
10 days, at which time the Council of the Borough of West View, after
due investigation and consideration, may authorize the issuance of
the license if it sees proper to do so, upon payment of the licensing
fees as are hereinafter set forth.
D.
The submission of the application shall be deemed the express authority
of the applicant given to the police to investigate, by contact with
local or state agencies, former customers or other business groups,
the validity of the application and the business reputation of the
applicant. The applicant shall set forth his principal place of business
and shall establish a valid mailing address on his application.
A.
No hawking or peddling shall be permitted on Sundays or other business
holidays recognized as holidays by the Commonwealth of Pennsylvania,
except between the hours of 10:00 a.m. and 4:00 p.m.
B.
No hawking or peddling shall be done on any private property posted
with no solicitation signs, and any such violation shall be good and
sufficient reason for the immediate revocation of the permit.
A.
The fees for such licenses shall be as follows:
[Amended 9-11-1985 by Ord. No. 1298]
(1)
For each person soliciting orders for sales of goods, wares, merchandise,
books, magazines and periodicals or other commodities by going from
house to house or upon any of the streets, alleys or public places
of the Borough of West View: $20 per day, $100 per week, $350 per
month and $1,750 per year.
(2)
For each person selling or offering for sale goods, wares, merchandise, books or other commodities by going from house to house and traveling on foot: the same as is set forth in Subsection A(1) above.
(3)
For each vehicular peddler, as above: $20 per day; for the driver
of each vehicle, $20 per day; and for each person selling or assisting
in the sales of goods, wares, merchandise, books or other commodities
from such vehicles, $100 per week and $350 per month.
B.
This section shall not apply to persons selling or offering to sell
milk, farm products or food.
C.
The Council of the Borough of West View, in its discretion, may designate
to the Borough Manager exceptions to this chapter for any nonprofit
or charitable organization soliciting contributions or engaging in
any of the activities above for charitable purposes, namely: church
or school organizations.
[Amended 2-2-1977 by Ord. No. 1191]
Any person who shall be convicted of a violation of any of the
provisions of this chapter before a Magisterial District Judge having
jurisdiction shall be sentenced to pay a fine of not more than $300,
together with the costs of prosecution, and, in default of the payment
of the fine and costs, to imprisonment in the Allegheny County Jail
for a term of not more than 30 days.
