[Ord. 603, 8/8/1984,
§ 1]
No license shall be required or fee charged to any of the
following:
To farmers selling their own produce;
For the sale of goods, wares and merchandise donated by owners
thereof, the total net proceeds whereof are to be applied to any charitable
or philanthropic purpose; or
To any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk or milk products, but the ordinance [this Part 2] may require any person, partnership, firm or corporation in any or all of these excepted categories to register with the borough, and be subject to all other provisions of the ordinance except those pertaining to the payment of license fees: Provided, the term "milk or milk products" shall not include or apply to ice cream or other frozen deserts: And provided further, that any transient retail business dealing on one or more of the excepted categories and selling other goods, wares and merchandise not excepted shall be subject to the license fee fixed by the ordinance for its activities in connection with the sale of goods, wares and merchandise not in any of the excepted categories.
A peddler is any person, whether a resident of the Borough
of Stroudsburg, Commonwealth of Pennsylvania, or not, traveling by
foot, wagon, automotive vehicle or any other type of conveyance, from
place to place, from house to house or from street to street, carrying,
conveying or transporting goods, wares, merchandise, meat, fish, vegetables,
fruits, truck garden or farm products or provisions, offering and
exposing them for sale, or making sales and delivering articles to
purchasers, or who, without traveling from place to place, sells or
offers the same for sale from a wagon, automotive vehicle, railroad
car or other vehicle or conveyance. The word "peddler" shall include
the words "hawker" and "huckster".
A solicitor is any person, whether a resident of the Borough
of Stroudsburg, Commonwealth of Pennsylvania, or not, traveling either
by foot, wagon, automobile, motor truck or any type of conveyance,
from place to place, from house to house, or from street to street,
taking or attempting to take orders for sale of goods, wares and merchandise,
personal property of any nature whatsoever, for future delivery, or
for services, whether or not such individual has, carries or exposes
for sale a sample of the subject of such sale, or whether he is collecting
advance payment of such sales or not.
[Ord. 603, 8/8/1984,
§ 2]
1.
Applications for licenses by solicitors and peddlers shall be made
to the Chief of Police, shall be sworn and in writing and shall contain
the following information:
A.
Name and physical description of applicant;
B.
Address;
C.
A brief description of the nature of the business to be conducted
and the goods to be sold, and, if the goods are farm or orchard products,
a statement whether they are produced or grown by the applicant;
D.
If applicant is employed, the name and address of the employer, together
with credentials establishing exact relationship;
E.
The length of time for which the right to do business is desired;
F.
If a vehicle is to be used, a description of the same, together with
Pennsylvania State vehicle license number or other means of identification;
G.
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance,
and if so, the nature of the offense, and the punishment or penalty
assessed therefor;
H.
Such other information as the Chief of Police may deem necessary
for the proper police protection of the borough.
2.
An applicant for a solicitor's or peddler's permit shall be fingerprinted
and shall supply the Chief of Police with two photographs of the applicant
within five days prior to the date of the filing of the application,
which photographs shall be 1 1/4 inches by 1 1/4 inches
showing the head and shoulders of the applicant in a clear and distinguishing
manner.
[Ord. 603, 8/8/1984,
§ 3; as amended by Ord. 955, 2/15/2012]
The fee for solicitors and peddlers shall be:
[Ord. 603, 8/8/1984,
§ 4; as amended by Ord. 955, 2/15/2012]
A peddler or solicitor, or any person on his behalf, shall not:
1.
Shout, make an outcry, blow a horn, ring a bell or use any sound
device or musical instrument, including any loud speaking radio or
sound amplifying system, on any of the streets, alleys, parks or other
public places of the borough or on any private premises in the borough
where sound of sufficient volume is emitted or produced therefrom
to be capable of being plainly heard on the streets, avenues, alleys,
parks or other public places, for the purpose of attracting attention
to any goods, wares or merchandise which such license proposes to
sell;
2.
Except as permitted below, have any exclusive right to any location in the public streets, shall not be permitted a stationary location and shall not be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this ordinance [this Part 2], the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. Peddlers with a license for a specific event may be assigned a permanent location for that event by the Borough upon issuance of the license. When a permanent location is assigned, the peddler shall not be permitted to sell except from the designated area. The number of licenses issued shall be determined by the Borough for each specific event.
3.
Sell or offer for sale goods, wares or merchandise from vehicles
on any of the public streets of the borough, provided, however, that
the prohibition herein contained shall not include the peddling from
door to door or from vehicles, of fresh food products of farm and
garden, nor bona fide deliveries of goods, wares, merchandise or food
made on a regular route to regular customers;
4.
Solicit or peddle from 6:00 p.m. to 10:00 a.m., or at any time when
a sign has been posted on a building stating "No solicitors or peddlers",
or words to that affect, except that a licensed solicitor or peddler
may call upon the occupant of a residence at other times when he has
received express prior permission from such occupant to do so;
5.
Solicit within the borough for a contribution of funds for a charitable,
religious, educational community, recreational or similar nonprofit
purpose by means of calling upon places of residence or by means of
direct personal contact in public places or upon public property without
obtaining a permit as provided by this ordinance. Any peddling or
soliciting as defined in this ordinance by means of representation
that all or a portion of the proceeds thereof are to be used for a
charitable, or similar non-profit purpose, or are to be transmitted
to any person, firm or corporation for any such purpose, is unlawful
unless a permit is first obtained as provided by this ordinance;
6.
Cast, throw, distribute, deposit, scatter, pass out, give away, circulate
or deliver any commercial or business handbill, dodger, circular or
other advertising material or device to any residence or business,
or leave the same on any porch, doorstep or vestibule thereof, or
in any yard or public hallway thereof, or on any vacant lot or other
private property in the borough, without first having obtained the
express consent or without the express request of an adult resident
or occupant thereof;
7.
Cast, throw, deposit, leave upon, distribute, scatter, pass out,
give away, circulate or deliver to any premises any commercial advertising
sample or device or other merchandise of any kind, except into the
hands of an adult person who resides upon or occupies such premises.
[Ord. 603, 8/8/1984,
§ 5; as amended by Ord. 955, 2/15/2012]
Any person, firm or corporation who shall violate any provision of this ordinance [this Part 2] shall, upon conviction thereof, be sentenced to pay a fine of not more than $500, together with costs of prosecution, or to imprisonment for a term not to exceed 30 days. Every day that a violation of any part of this ordinance continues shall constitute a separate offense.
