[HISTORY: Adopted by the Borough Council of the Borough of New Eagle 10-4-2016. Amendments noted where applicable.]
As used in this chapter, the following words and terms shall have the meanings hereby ascribed thereto:
- Any person engaging in peddling within the Borough.
- Engaging in selling any goods, wares or merchandise for immediate delivery upon any of the streets or sidewalks or from house to house within the Borough.
- SOLICITING and HAWKING
- The taking of orders for goods, wares or merchandise, including but not limited to subscriptions for magazines or other printed matter, and the obtaining of contracts for home and building devices, repairs and improvements, and other services, upon any of the streets or sidewalks or from house to house within the Borough, by any person without a permanent place of business in the Borough.
- SOLICITOR or HAWKER
- Any person engaging in soliciting and hawking within the Borough.
- TRANSIENT PHOTOGRAPHER
- Any peddler, solicitor or hawker, or transient retail merchant engaging in photography or the taking of orders for photographs within the Borough.
- TRANSIENT RETAIL MERCHANT
- Any person, whether principal or agent, who shall hire, lease or occupy any storeroom, building, vacant lot or other premises in the Borough for a period of less than six months for the sale or taking of orders for any goods, wares or merchandise.
Word usage. In this chapter, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
Nothing in this chapter shall be construed to apply to:
Farmers selling their own produce;
The sale of goods, wares and merchandise donated by the owners thereof in circumstances where the proceeds of the donation are to be applied to a charitable or philanthropic purpose;
Any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk and milk products; and
Persons engaged in noncommercial activities, such as canvassing or distributing political and/or religious materials, pamphlets or leaflets.
No person shall engage in peddling, soliciting or hawking and no person shall act as a transient retail merchant or transient photographer in the Borough without first having obtained a license from the Monongahela Police. No such license shall be issued until the fee as set by resolution of Borough Council, which shall be for the use of the Borough, shall have been paid.
It shall be unlawful for any person who shall have obtained a license under this section to continue to engage in peddling, soliciting or hawking, or to act as a transient retail merchant or photographer, as the case may be, after the expiration of such license, without first having obtained an extended or new license and having paid the prescribed fee therefor, depending upon the period of time for which such license shall be desired.
Any person desiring a license under this chapter shall apply in advance of the need thereof at the Monongahela Police Department. Following receipt of such application, the Monongahela Police may cause an investigation to be made as a check upon the information presented upon the application, and the police need not issue the license until the completion of such investigation. Such waiting period, however, shall not in any case exceed five days.
It shall be unlawful for any peddler, solicitor or hawker or transient retail merchant to occupy any fixed place upon any of the streets or alleys, parks or other public places in the Borough for his activities, whether or not using a stand, without first obtaining a special permission from the Council. Such special permission may be granted or denied at the discretion of the Council and shall be granted only where the Council deems that a special need exists for the service of such peddler, solicitor or hawker or transient retail merchant at a specific location and at a particular time. Such special permission shall be granted conditionally and shall specify the location, the days and hours when it shall be in effect and the duration of such special permission. The holder of such special permission shall adhere strictly to the conditions under which the same was granted.
Upon granting a license under this chapter, the Monongahela Police shall prepare and issue a license in duplicate, one copy to be retained in the files of the police, the other to be kept by the holder thereof either on his person or in the vehicle or premises used by him in the course of the activity authorized by such license. Every holder of a license under this chapter shall exhibit his copy of such license, upon request, to any officer, employer or citizen requesting to see the same.
No person licensed under this chapter as a peddler, solicitor or hawker shall engage in any of his activities prior to 9:00 a.m. or after 6:00 p.m.
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 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.