[HISTORY: Adopted by the Council of the Borough of Darby as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Junk dealers — See Ch. 89.
Peace and good order — See Ch. 104.
Sidewalk obstructions — See Ch. 125, Art. III.
Trespassing — See Ch. 137.
Vehicles and traffic — See Ch. 141.
[Adopted 5-2-1932 by Ord. No. 290, approved 5-3-1932]
Hereafter every person, whether principal or agent, or corporation entering into, beginning or desiring to begin a transient retail business within the Borough of Darby for the sale of any goods, wares or merchandise whatsoever and who hires, leases, occupies or uses any room, apartment, store, shop, building, railway car or other place or structure for the exhibition and sale of such goods, wares and merchandise shall take out a license from the Borough Secretary for the same before entering into said business; provided, however, that nothing herein contained shall apply to farmers selling their own produce nor to any sale of goods, wares or merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose.
The amount of such license fee shall be and is hereby fixed at $100 per month or fractional part thereof, payable in advance to the Secretary of the Borough, and said license must be renewed monthly during the continuance of said sale.
[Added 3-5-1975 by Ord. No. 557, approved 3-5-1975]
Any license hereafter issued may be revoked by the Borough Council after a hearing.
[Amended 3-5-1975 by Ord. No. 557, approved 3-5-1975]
Any person who shall violate provisions of this article shall, upon conviction thereof, be punishable by a fine of not more than $300 and costs of such proceedings or, upon default of payment of such fines and costs, by imprisonment in the county jail for a term of not more than 30 days. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
[Adopted 8-4-1958 by Ord. No. 410, approved 8-4-1958]
[Amended 5-1-1974 by Ord. No. 550, approved 5-2-1974]
A. 
As used in this article, the following terms shall have the meanings indicated:
PEDDLER
Any person who shall engage in peddling, as hereinafter defined.
PEDDLING
Engaging in peddling, canvassing, soliciting or taking of orders, either by sample or otherwise, for any goods, wares or merchandise upon any of the streets or sidewalks or from house to house within the Borough of Darby, provided that the word "peddling" shall not apply to farmers selling their own produce nor to the sale of goods, wares and merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose, nor to any manufacturer or producer in the sale of bread or bakery products, meat and meat products or milk or milk products, but said exemption shall only extend to those products manufactured or produced by the said manufacturer or producer and shall not extend to any products other than those stated aforesaid.
PERSON
Any natural person, association, partnership, firm or corporation.
B. 
In this article the singular shall include the plural and the masculine shall include the feminine and the neuter.
No person shall engage in peddling in the Borough of Darby without first having taken out a license as herein provided.
Every person desiring to engage in peddling in the Borough of Darby shall first make application to the Mayor for a license. If such person shall also be required to obtain a license from any county officer, he shall do so when making such application; such person shall give his name; address; his previous criminal record, if any; the name of the person for whom he works, if any; the type of goods, wares and merchandise he wishes to peddle; the length of time for which he wishes to be licensed; the type of vehicle he uses, if any; and the number of helpers he has, provided that where a person makes application for himself and one or more helpers, all applicable personal information specified above shall be given for each helper and an individual license shall be required for each helper. No license issued under this article shall be transferable from one person to another.
[Amended 3-6-1972 by Ord. No. 517, approved 3-6-1972; 12-17-1980 by Ord. No. 601, approved 12-17-1980]
No license shall be issued under this article until the proper fee, as follows, shall be paid to the Mayor, which shall be for the use of the Borough:
A. 
Food peddlers: $5 per day, $15 per month, $75 per year.
B. 
Peddler operating from a horse-driven or motor vehicle: $7 per day, $50 per month, $500 per year.
Upon making application therefor and paying the proper fee as herein specified, a license shall be issued to every peddler. Such license shall contain the information required to be given upon the application therefor. Every peddler shall at all times when engaged in peddling in the Borough carry such license upon his person, and shall exhibit such license upon request to all police officers, Borough officials and citizens. No peddler shall engage in selling any product not mentioned in such license, nor shall any person having a foot peddler's license operate from or with any horse-drawn or motor vehicle.
[Amended 6-7-1971 by Ord. No. 507, approved 6-7-1971]
No person licensed as a peddler under this article shall engage in peddling at any time on Sunday or on any other day of the week except as follows:
A. 
During the months of June, July, August and September, between the hours of 9:00 a.m. and 9:00 p.m.
B. 
During the other months of the year, between the hours of 9:00 a.m. and 5:00 p.m.
No person licensed as a peddler under this article shall hawk or cry his wares upon any of the streets or sidewalks of the Borough, nor shall be use any loudspeaker or horn or any other device for announcing his presence by which the public is annoyed.
No person licensed as a peddler under this article shall park any vehicle upon any of the streets or alleys of the Borough in order to sort, rearrange or clean any of his goods, wares or merchandise; nor may any such person place or deposit any refuse upon any of such streets or alleys; nor may any such person maintain or keep a street or curbstone market by parking any vehicle upon any street or alley in the Borough for longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.
No person licensed as a peddler under this article shall occupy any fixed location upon any of the streets, alleys or sidewalks of the Borough for the purpose of peddling, with or without any stand or counter.
The Mayor shall keep a record of all licenses issued under this article, and the Chief of Police shall apply daily to the Mayor for a list of all licenses issued hereunder since the previous day. The Mayor and the Chief of Police shall supervise the activities of all holders of such licenses.
A. 
The Mayor of the Borough of Darby is hereby authorized to suspend any license issued under this article when he deems such suspension to be beneficial to the public health, safety or morals or for violation of any of the provisions of this article or for giving false information upon any application for a license hereunder.
B. 
Appeals of license suspensions shall be made by the licensee to the Borough Council.
[Added 3-5-1975 by Ord. No. 557, approved 3-5-1975]
[Amended 3-5-1975 by Ord. No. 557, approved 3-5-1975]
Any person who shall violate any provision of this article shall, upon conviction thereof, be punishable by a fine of not more than $300 and costs of such proceedings or, upon default of payment of such fines and costs, by imprisonment in the county jail for a term of not more than 30 days. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.