As used in this chapter, the following terms shall have the
meanings indicated:
LICENSE
A license issued in accordance with the provisions of this
chapter.
PEDDLE or PEDDLING
Engaging in any of the activities which constitute a "transient
retail business" as that term is defined in this chapter.
PERSON
Any individual, joint venture, association, partnership,
trust, corporation or other legal entity.
SOLICIT or SOLICITING
Engaging in any of the activities which constitute a "transient
retail business," as that term is defined in this chapter.
STREET
The entire width of the right-of-way of any street, road,
highway or alley, including, without limitation, any sidewalk within
the right-of-way of the same.
TRANSIENT RETAIL BUSINESS
The following:
A.
Engaging in peddling, selling, canvassing, soliciting, or taking
orders, either by sample or otherwise, for money, donations of any
kind, any services, goods, wares or merchandise, within the right-of-way
of or upon any street, alley, sidewalk or public place, or from house
to house, within the Borough;
B.
Selling, soliciting or taking orders for any services, goods,
wares, or merchandise, from a fixed location within the Borough, on
a temporary basis, which shall include, but shall not be limited to,
activities conducted in connection with special occasions or celebrations,
for seasonal purposes or for, or in advance of, holidays.
Every license holder shall carry the license upon his or her
person and shall exhibit the license, upon request, to all police
officers, Borough officials and citizens or residents of the Borough
to whom the license holder attempts to peddle or solicit.
The Borough shall keep a record of all licenses issued under
this chapter and provide a list of all such licenses issued to the
Police Department, which shall monitor the activities of all license
holders.
Any person who is the owner or lawful occupant of private property
within the Borough may prohibit the practice of going in or upon the
private property of such owner or occupant by anyone engaged in a
transient retail business by posting upon such property a sign which
reads "No Peddling or Soliciting," or substantially similar language,
in a location which is reasonably visible to persons who intend to
enter upon such property.
Any person engaged in a transient retail business is prohibited
from entering upon any property that is posted with a "No Peddling
or Soliciting" sign and may be prosecuted for trespassing. If such
a sign is posted, the peddler or solicitor, whether or not licensed
in accordance with this chapter, shall immediately and peacefully
depart from the property.
The practice or custom of going in and upon private property
in the Borough by persons engaged in a transient retail business,
regardless of whether they hold a valid license under this chapter,
not having been requested or invited to do so by the owner or occupant
of that private property, for the purpose of soliciting orders for
the sale of services, goods, wares or merchandise, or of disposing,
peddling or hawking services, goods, wares or merchandise, is declared
to be a nuisance and also a violation of this chapter.
Any person, firm or corporation who shall violate any provision
of this chapter, upon conviction thereof, shall be subject to a penalty
of a fine of not less than $50 nor more than $600, plus costs. Each
day's violation shall constitute a separate offense. Any suit
for financial penalty brought by or on behalf of Mount Gretna Borough
against a person who violates this chapter shall in no way constitute
an election of remedies, and the Borough, and any other person having
a cause of action against the person violating this chapter shall
be entitled to pursue any such remedies against the violator as provided
by law or equity.