[HISTORY: Adopted by the Board of Supervisors (now Board of Commissioners) of the Township of Pocono 6-3-1991 by Ord. No. 51. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- PEDDLING, SOLICITING AND HAWKING
- Transient merchants engaging in peddling, canvassing, soliciting, hawking or taking of orders, either by sample or otherwise, for any goods, wares, services or merchandise from any property, upon any of the streets or sidewalks or from house to house within the Township of Pocono; provided, however, that the words "peddling, soliciting and hawking" shall not apply to farmers selling their own produce; or to any sale of goods, wares or merchandise donated by the owners thereof, the proceeds of which are to be applied to any charitable or philanthropic purpose; or the transaction of business by insurance companies or their agents or insurance brokers authorized to transact business under the insurance laws of the Commonwealth of Pennsylvania.
- Any natural person, association, partnership, firm, corporation or other legal entity.
Every person whether as principal or agent (excepting farmers selling their own produce and retail peddlers or deliverers of dairy products and food peddlers authorized by an employer for the sale of food products to his employees and not the general public) is forbidden to solicit, hawk or peddle any merchandise or any articles of trade or solicit funds or moneys or merchandise within the Township of Pocono unless and until a permit is obtained.
Every person or organization desiring to solicit, hawk or peddle shall first make application to the Township Zoning Officer for a permit. The permit application shall state the names or name, place of residence, type of organization or kind of article or product to be sold and the period of time the applicant desires to solicit, hawk or peddle, and if other than a charitable organization, such applicant shall present two photographs, 1 1/4 inches by 1 1/2 inches, of himself or herself.
The application for permit shall specify whether the application is for a Class I or Class II permit. A Class II permit shall only be available to individuals desiring to solicit, hawk or peddle any merchandise or any articles of trade on site in a recognized and lawful flea market for which a land development plan has been filed and approved by the Commissioners pursuant to Chapter 390, Subdivision and Land Development, of the Code of the Township of Pocono.
The Commissioners shall have the right and the authority to prescribe fees for issuance of Class I and Class II permits and to amend the fee schedule upon public notice by resolution from time to time.
The Township of Pocono shall thereupon, after payment of the prescribed fee, issue a permit in duplicate. One copy of the permit is to be given to the applicant, and one copy is to be filed in the office of the Township Zoning Officer. The permit shall state the names and addresses and places of residence, type of article to be sold, duration of the permit, name of the principal and the name of the charitable organization, and in the case of all other than charitable organizations, it shall be affixed to each copy one of the photographs directed to be presented. If the permit is a Class II permit, the permit shall also contain the name and address of the owner of the recognized flea market together with appropriate evidence that the applicant is authorized to solicit, hawk or peddle within the flea market. The permit shall be valid only for the period inscribed upon the permit and in no event longer than one year.
Every permittee soliciting, hawking or peddling door to door within the limits of Pocono Township, Monroe County, Pennsylvania, shall, upon request, produce the permit for inspection.
This chapter shall be enforced by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person, partnership, corporation or other entity who or which violates or permits a violation of the provisions of this chapter shall, upon conviction in a summary proceeding, pay a fine of not more than $1,000, plus the costs of prosecution, and, in default of the payment of the fine and costs of prosecution, shall be imprisoned for a period not exceeding 30 days.