It shall be unlawful for any person to engage in the business
of a peddler, as defined in §
220-27, within the Borough
limits of Wilmerding without first obtaining a permit and license
therefor as provided herein.
As used in this article, the following terms shall have the
meanings indicated:
PEDDLER
Includes any person, whether a resident of the Borough of
Wilmerding or not, travelling by foot, automotive vehicle, or any
other type of conveyance from place to place, from house to house,
or from street to street, carrying, conveying or transporting goods,
wares, merchandise, meats, fish, vegetables, fruits, garden truck,
farm products or provisions, offering and exposing the same for sale,
or making sales and delivering articles to purchasers, or who, without
travelling from place to place, shall sell or offer the same for sale
from an automotive vehicle, railroad car or other vehicle or conveyance;
and further provided that one who solicits orders and as a separate
transaction makes deliveries to purchasers as a part of a scheme or
design to evade the provisions of this article shall be deemed a "peddler"
subject to the provisions of this article. The word "peddler" shall
include the words "hawker" and "huckster."
PERSON
Includes the singular and plural and shall also mean and
include any person, firm or corporation, association, club, copartnership
or society, or any other organization. No local nonprofit organization
shall be interpreted as included under this article.
The Borough Secretary shall issue to each licensee at the time
of payment his license, which shall bear the words "licensed peddler."
The license shall also contain a notation of the period for which
the license is issued.
No license issued under the provisions of this article shall
be used at any time by any person other than the one to whom it was
issued.
No peddler, nor any person in his behalf, shall shout, make
an outcry, blow a horn, ring a bell or use any sound device, including
any loud-speaking radio or other sound-amplifying system, upon any
of the streets, alleys, parks or other public places of said Borough
or upon any private premises in the said Borough where sound of sufficient
volume is emitted or produced therefrom to be capable of being heard
plainly upon the streets, avenues, alleys, parks or other public places
for the purpose of attracting attention to any goods, wares or merchandise
which such licensee proposes to sell.
No peddler shall have any exclusive rights to any location in
the public streets, nor shall he be permitted a stationary location,
nor shall he be permitted to operate in any congested area where his
operations might impede or inconvenience the public. For the purpose
of this article, the judgment of a police officer, exercised in good
faith, shall be deemed conclusive as to whether the area is congested
or the public impeded or inconvenienced.
Peddlers are required to exhibit their licenses at the request
of any citizen.
It shall be the duty of any police officer of the Borough of
Wilmerding to require any person seen peddling, and who is not known
by such police officer to be duly licensed, to produce his peddler's
license and to enforce the provisions of this article against any
person found to be in violation of the same.
The Chief of Police shall report to the Borough Secretary all
convictions for violation of this article, and the Borough Secretary
shall maintain a record for each license issued and record the reports
of violations therein.
Any person aggrieved by the action of the Chief of Police or
the Borough Secretary in the denial of an application for permit or
license as provided in §
220-29 or in the decision with
reference to the revocation of a license as provided in §
220-38
shall have the right of appeal to the Borough Council of the Borough
of Wilmerding. Such appeal shall be taken by filing with the Council,
within 14 days after notice of the action complained of has been mailed
to such person's last known address, a written statement setting
forth fully the grounds for the appeal. The Council shall set a time
and place for a hearing on such appeal, and notice of such hearing
shall be given to the appellant in the same manner as provided in
§
220-38 for notice of hearing on revocation. The decision
and order of Council on such appeal shall be final and conclusive.
The annual licenses issued under the provisions of this article
shall expire on the 31st day of December in the year when issued.
Licenses other than annual shall expire on the date specified on the
license.
[Amended 11-14-1989 by Ord. No. 899]
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 and costs or, in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.