[HISTORY: Adopted by the Board of Commissioners of the Township of North Huntingdon at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
GENERAL REFERENCES
Advertising — See Ch. 153.
Bills and posters — See Ch. 188.
Secondhand and antique dealers — See Ch. 427.
Transient merchants and retail businesses — See Ch. 509.
A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated.
PEDDLER
Any person who shall engage in peddling as herein defined.
PEDDLING
Engaging in soliciting, canvassing or taking orders, either by sample or otherwise, for any goods, wares, merchandise or services upon any of the streets or sidewalks or from house to house within the Township of North Huntingdon; provided, however, the word "peddling" shall not apply to:
(1) 
Children under the age of 18;
(2) 
Farmers selling their own produce;
(3) 
Wares and merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose;
(4) 
Any manufacturer, producer or their employees in the sale of bread and bakery products, meat and meat products, milk and dairy products;
(5) 
Political candidates and campaign workers during political campaigns;
(6) 
Petitioners;
(7) 
Members of volunteer fire companies of the Township of North Huntingdon soliciting financial support for the fire company; and
(8) 
Members of the volunteer ambulance and emergency rescue association serving the Township of North Huntingdon soliciting financial support for said organization.
PERSON
Any natural person, association, partnership, firm or corporation.
B. 
Usage. The singular shall include the plural and the masculine shall include the feminine and the neuter in this chapter.
No person shall engage in peddling in the Township of North Huntingdon without first having registered with or received approval by said Township in the form of a license/permit and photo identification card. This license/permit is required to protect the residents of said Township from fraud and undue annoyance in an attempt to prevent criminals from posing as peddlers in order to defraud residents.
A. 
Every person desiring to engage in peddling in the Township of North Huntingdon shall first make application, under oath, at North Huntingdon Township Police Department for a license/permit. If such a person shall also be required to obtain a license/permit from any county officer, he shall exhibit a valid county license/permit when making application for a license/permit to peddle in the Township of North Huntingdon.
B. 
Application.
(1) 
Upon such application for a license/permit to peddle in the Township of North Huntingdon, the applicant shall, under oath, provide the following information:
(a) 
Name;
(b) 
Permanent address and phone number;
(c) 
Local address if resides out of state;
(d) 
Criminal record, if any.
[1] 
Signed application and payments for a criminal record check to be completed by North Huntingdon Township Police Department;
(e) 
Name, address, phone number and contact name of employer;
(f) 
Type of goods, or purpose for license/permit.
[1] 
The type of goods, merchandise or services he wishes to peddle; or
[2] 
The purpose for which he seeks the license/permit;
(g) 
The information for the vehicle he uses, if any;
(h) 
The location at which he will be located, if applicable; and
(i) 
Each and every applicant shall provide with the application a valid state-issued driver's license or photo identification, of which a copy will be attached to the application.
(2) 
All applicants must apply for individual application in person.
(3) 
All noncommercial solicitors, canvassers and/or polltakers must register their name or names with the North Huntingdon Township Police Department and the name of their group or organization, if any. Subsection B(1)(c), (d), (e), (f), (g), (h) and (i) of this section shall not apply to noncommercial properties.
C. 
No license/permit or registration issued pursuant to this chapter shall be transferable from one person to another.
A. 
No license/permit shall be issued pursuant to this chapter until such time that the proper license/permit fee is tendered to the North Huntingdon Township Police Department.
(1) 
Criminal record check fee is as set from time to time by resolution of the Board of Commissioners.
(2) 
The licensure fee per day, week or month shall be as set from time to time by resolution of the Board of Commissioners, and said license/permit issued shall be valid, unless suspended or revoked, for the specified time frame from the date of issue.
(3) 
Peddler photo identification card fee is as set from time to time by resolution of the Board of Commissioners.
B. 
No license/permit fee shall be required for noncommercial solicitation, canvassing or poll taking.
A. 
Upon the making of application for a license/permit to peddle and the making of payment of the proper fee as specified in this chapter, a license/permit shall be issued to every eligible and approved peddler.
B. 
Such license/permit shall contain the information required to be given upon application therefor, said information being that required by § 385-3B(1)(a) through (i) inclusive of this chapter.
C. 
Every peddler shall at all times while engaged in peddling in the Township of North Huntingdon carry upon his person in plain view the peddler photo identification card issued and the license/permit or proof of registration required by this chapter, and every peddler shall, upon request of all police officers, Township Officials, and citizens, exhibit said license/permit or registration.
D. 
A peddler is prohibited from the selling of any product or carrying on any activity not specified or mentioned upon such license/permit or registration.
A. 
No person licensed/permitted as a peddler pursuant to this chapter shall engage in peddling before 9:00 a.m. or after 5:00 p.m. prevailing time. A person licensed/permitted as a peddler pursuant to this chapter shall only engage in peddling Monday through Friday, excluding holidays, for the time frame specified on said license/permit and photo identification card.
B. 
A person licensed/permitted as a peddler pursuant to this chapter shall not engage in peddling on any holiday, as specified below:
(1) 
New Year's Day.
(2) 
Good Friday.
(3) 
Memorial Day.
(4) 
Independence Day.
(5) 
Labor Day.
(6) 
Thanksgiving Day.
(7) 
Christmas Eve.
(8) 
Christmas Day.
(9) 
New Year's Eve.
C. 
The limitation as to the time when peddling may be conducted, as set forth in Subsection A of this section, shall not be applicable to:
(1) 
Demonstrations or sales within a private home conducted by a duly licensed/permitted peddler when such demonstration is a group of individuals or at the invitation of the homeowner.
(2) 
Demonstrations or sales at or upon the premises of a commercial establishment, shopping center or shopping mall, conducted by a duly licensed/permitted peddler during:
(a) 
The time period permitted by this chapter; or
(b) 
During the hours said commercial establishment, shopping center or shopping mall is open for business; and
(c) 
With the knowledge of the owner that the demonstrations or sales are occurring and with the consent of the owner.
(3) 
Noncommercial solicitors, canvassers, or polltakers duly registered.
No person licensed/permitted or registered as a peddler pursuant to this chapter shall hark or cry his wares in such a manner as to cause a public annoyance, disturbance or nuisance.
No person licensed/permitted or registered as a peddler pursuant to this chapter shall:
A. 
Park any vehicle upon any of the streets or alleys of the Township of North Huntingdon to sort, rearrange, or clean his goods, wares or merchandise.
B. 
Place or deposit any refuse on such streets, alleys or properties within said Township.
C. 
Maintain or keep a street or curbstone market or station by parking a vehicle on any street, alley or property within said Township for a time period longer than necessary to sell therefrom or conduct other business to or with persons residing in the immediate vicinity.
Any individual wishing to solicit or take orders, either by sample or otherwise, for any goods, wares, merchandise or services from any fixed location upon any of the streets, alleys or properties within the Township of North Huntingdon is required to obtain a transient retail business license as required by said Township.
All applicants for a license/permit to peddle within the Township of North Huntingdon are required to submit to a criminal record check to be completed by the North Huntingdon Township Police Department prior to approval of the requested license/permit.
A. 
The Police Department of the Township of North Huntingdon shall:
(1) 
Maintain a record of all applications and licenses/permits issued pursuant to this chapter; and
(2) 
Supervise the activities of all persons licensed/permitted pursuant to this chapter.
B. 
Any application submitted in accordance with this chapter and any license/permit issued pursuant to this chapter will be retained at North Huntingdon Township Police Department as an activity account record for a period of seven years as defined in Chapter 102, Article II, § 102-11M, of the Code of the Township of North Huntingdon, and in accordance with the Pennsylvania "Right to Know Law."[1]
[1]
Editor's Note: See 65 P.S. § 67.101 et seq.
A. 
The North Huntingdon Township Police Department is hereby authorized to:
(1) 
Deny any license/permit applied for pursuant to this chapter for any individual with a criminal record consisting of charges involving burglary, theft, receiving stolen property, identity theft, access device fraud, fraud or conspiracy to commit any of the above-listed offenses.
(2) 
Deny any license/permit applied for pursuant to this chapter for any individual with a criminal record who failed to disclose such on his application.
(3) 
Suspend any license/permit issued pursuant to this chapter at any time he determines, following investigation, that such suspension would benefit the public health, safety or morals of the residents of North Huntingdon Township.
(4) 
Revoke any license/permit that has been issued pursuant to false information provided on an application for such license/permit.
(5) 
Suspend or revoke any license/permit issued to an individual who fails to comply with the specifications of this chapter.
(6) 
Direct registered noncommercial peddlers to obtain a license/permit when such persons are found to be engage in commercial activities.
B. 
In the event that a license/permit is suspended or revoked, any and all license/permit fees are nonrefundable.
A. 
Persons licensed/permitted. Any person or persons who have obtained a license/permit as required by this chapter violating any of the provisions of this chapter shall:
(1) 
Have his license/permit immediately revoked for the remaining time period for which the license/permit would otherwise by valid;
(2) 
Not be eligible for a new peddling license/permit in the Township of North Huntingdon for 90 days from the date the permit is revoked;
(3) 
Be issued a non-traffic citation/summary arrest for each incident of violation and, upon conviction before any Magisterial District Judge having jurisdiction, be sentenced to pay a fine of no less than $300 and no more than $600.
B. 
Persons not licensed/permitted. Any person or persons not licensed/permitted as required by this chapter engaging in peddling activities shall:
(1) 
Be issued a non-traffic citation/summary arrest for each incident of violation and, upon conviction before any Magisterial District Judge having jurisdiction, be sentenced to pay a fine of no less than $300 and no more than $600;
(2) 
Not be eligible to apply for a peddling license/permit in North Huntingdon Township for 90 days for each violation.