[Ord. 66-3, 8/31/1966, § 1]
The following words, as used in this Part, shall have the meanings
hereby ascribed thereto, unless the context clearly indicates a different
meaning:
PEDDLER
any person who shall engage in peddling as hereinabove described.
PEDDLING
engaging in peddling, canvassing, soliciting or taking of
orders, whether by sample or otherwise, for any goods, wares or merchandise,
upon any of the streets, sidewalks, highways, or from house to house
within the Township of Smith. The word "peddling" shall not apply:
1.
To farmers selling their own produce;
2.
To the sale of goods, wares and merchandise, donated by the
owner thereof, the proceeds whereof to be applied to any charitable
or philanthropic purposes; or
3.
To any manufacturer or producer in the sale of bread and bakery
products, meat and meat products, or milk and milk products.
PERSON
any natural person, association, firm or corporation.
In this Part, the singular shall include the plural and the
masculine shall include the feminine and the neuter.
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[Ord. 66-3, 8/31/1966, § 2]
The practice of going in and upon private residences in the
Township of Smith by solicitors, peddlers, hawkers, itinerant merchants
or transient vendors of merchandise not having been requested or invited
to do so by the owner or owners, occupant or occupants, of said private
residences for the purpose of soliciting orders for the sale of goods,
wares and merchandise, and/or disposing of and/or peddling or hawking
is hereby declared illegal and punishable by law unless said persons
obtain a license to do so.
[Ord. 66-3, 8/31/1966, § 3]
No person shall engage in peddling in the Township of Smith
without first having taken out a license as herein provided.
[Ord. 66-3, 8/31/1966, § 4]
Every person desiring to engage in peddling in the Township
of Smith shall first make application to the Secretary for said Township
for a license. If such person shall also be required to obtain a license
from any county office, he shall, when making such application, exhibit
a valid county 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
or merchandise he wishes to peddle; the length of time he wishes to
be licensed; the type of vehicle he uses, if any; and the number of
helpers he has. Provided, where a person make an application for himself
and for one or more helpers, on application the 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 Part
shall be transferable from one person to another nor may it be assigned
without the prior written consent of the licensor.
[Ord. 66-3, 8/31/1966, § 5; as amended 2/9/2009]
No license shall be issued under this Part until the proper
fees, as follows, shall be paid to the township, which shall be for
the use of the township:
1. Foot Peddler: $1 per day; $5 per month; and $25 per year.
2. Peddler Operating From a Motor Vehicle or Any Such Other Similar
Conveyance: $2 per day; $10 per month; and $50 per year.
3. Each and every additional peddler employed by or with a foot peddler
or a peddler operating with a motor vehicle: $1 per day; $5 per month;
and $25 per year.
4. Any and all fees previously established by ordinance or otherwise as referred to in Subsections
1,
2 and
3 above may be changed from time to time by a resolution properly adopted by a majority vote of the Board of Supervisors.
[Ord. 66-3, 8/31/1966, § 6]
Upon making application thereof 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 Township carry such license upon his person and
shall exhibit such license on request to any police officer or other
Township officer or citizen. No peddler shall engage in selling any
products not mentioned upon such license or any person having a foot
peddlers license operate from or with a motor vehicle or similar conveyance.
No person licensed as a peddler under this Part shall engage in peddling
at any time on Sunday or upon any other day of the week before 9:00
a.m. or after 7:00 p.m.
[Ord. 66-3, 8/31/1966, § 7]
No person, licensed as a peddler, under this Part, shall hawk
or cry his wares, goods or merchandise upon any of the streets, sidewalks,
highways or roads in said Township, nor shall be use any loudspeaker
or horn or any other device to announce his presence by which the
public is annoyed.
[Ord. 66-3, 8/31/1966, § 8]
No person, licensed as a peddler under this Part, shall park
any vehicle upon any of the streets, roads, alleys or highways of
the Township in order to assort, rearrange or clean any of his goods,
wares or merchandise; nor may any such person place or deposit any
refuse upon any of such streets, roads, alleys or highways; nor shall
any such person maintain or keep a curbside market or park any longer
than is necessary to sell therefrom to persons residing in the immediate
vicinity.
[Ord. 66-3, 8/31/1966, § 9]
No person, licensed as a peddler under this Part, shall occupy
any fixed location upon any of the streets, sidewalks, roads, alleys
or highways of the Township for the purpose of peddling with or without
any stand or counter.
[Ord. 66-3, 8/31/1966, § 10]
The Secretary shall keep a record of all licenses issued under
this Part and the Chief of Police or any other member of the township
police force shall check with the said Secretary for a list of all
licenses issued hereunder. The Secretary and the Chief of Police shall
supervise the activities of all holders of such licenses.
The Chief of Police, any member of his office, or any member
of the Board of Supervisors is hereby authorized to suspend any license
issued under this Part when he deems such suspension to be beneficial
to the public health, safety and morals, or for any violation of any
of the provisions of this Part, or for giving false information upon
any application for a license hereunder.
[Ord. 66-3, 8/31/1966, § 11; as amended by Ord.
1985-2, 8/12/1985; and by Ord. 97-5, 11/19/1997]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a District Justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.