It shall be unlawful for any person, corporation or legal entity
to sell or expose to sale any foreign or domestic goods, wares, merchandise
or services as a hawker or peddler or traveling merchant or salesman
within the Borough of North East.
This chapter shall not apply to any person, corporation or other
legal entity which sells in or about the streets of the Borough of
North East vegetables or animal products raised on his, her or its
own land or which solicits contributions for the benefit of approved
religious, charitable, and educational institutions, local veterans'
organizations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys’ fees incurred by the Borough in the
enforcement proceedings. Upon judgment against any person by summary
conviction, or by proceedings by summons on default of the payment
of the fine or penalty imposed and the costs, the defendant may be
sentenced and committed to the Borough correctional facility for a
period not exceeding 10 days or to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this chapter
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this chapter in equity in the Court of Common Pleas of Erie County.