[HISTORY: Adopted by the Borough Council of the Borough of
Vandergrift as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-8-1941 (Ch.
XV, Part 5, of the 1970 Code of Ordinances)]
[Amended 4-22-1955 by Ord. No. 7-1955]
It shall be unlawful for any person, firm or corporation, not
a resident of Vandergrift Borough and not maintaining a fixed and
permanent place of business therein, to engage in the business of
transient photography within the Borough without having obtained a
valid license therefor under this article. Any violation of any of
the terms, conditions or provisions of any such license shall constitute
a violation of this article.
As used in this article, the following terms shall have the
meanings indicated:
One who, without a fixed and permanent place of business
in the Borough, or not being a resident thereof, makes, develops,
prints, finishes, mounts, frames, sells or delivers photographs within
Vandergrift Borough.
The Mayor is hereby authorized in his discretion to grant a
transient photographer's license upon the payment by the applicant
of a fee of $8 per day for each person and $35 per day for each firm
or corporation for each day that said applicant is engaged in the
business of soliciting, making, developing, printing, finishing, mounting,
framing, selling or delivering any photographs within Vandergrift
Borough. Each application shall state the name and place of residence
and the length of time for which he desires to engage in such transient
business.
[Amended 4-22-1955 by Ord. No. 7-1955; 1-10-1989 by Ord. No. 2-1989]
Any person, firm or corporation who or which violates any provision
of this article or of any term, condition or provision of any license
granted under this article shall be guilty of an offense and, upon
conviction, shall be sentenced to pay a fine of not less than $100
or more than $600 and costs of prosecution and, in default of payment
of fine and costs, to undergo imprisonment for not more than 30 days.
[Adopted 6-4-2007 by Ord.
No. 5-2007]
This article shall be hereinafter known as and titled "Transient
Merchant Ordinance."
This article shall define, regulate and provide procedures for
lawful peddling and solicitation within Vandergrift Borough, including
licensing, application process, investigation, hours permitted, activities
prohibited and sanctions available, subject to due process and hearing
procedures.
This article is enacted pursuant to 8 Pa.C.S.A. § 2901.
The following words and terms, when used in this article, unless
the context clearly indicates otherwise, shall have the following
meanings ascribed to them:
The official application which was enacted as a part of this
article and which is available at Vandergrift Borough Municipal Building.
Borough of Vandergrift, County of Westmoreland and Commonwealth
of Pennsylvania.
Not subject to change of ownership by way of purchase, gift
or any other means.
Any person, whether a resident of this Borough or not, who
travels by foot, motor vehicle, or any other conveyance from place
to place, from house to house, or from street to street, carrying,
offering or exposing goods, wares, merchandise or food products for
sale or taking or soliciting orders for goods, wares, products and
merchandise for future delivery, whether the person collects advance
payment for such sales or not; or who, without traveling from place
to place, sells or offers for sale from a wagon, motor vehicle, temporary
stand or other conveyance stationed upon public or private property
goods, wares, merchandise or food products.
A direct seller who, for at least one year, has continuously
operated an established place of business in this Borough or has continuously
resided in the Borough for at least one year and now legally does
business from his residence.
Includes an individual person, a firm, corporation, partnership
or associations, whether owner, agent, bailee, cosignee or employee.
Any person who solicits or attempts to solicit from house
to house or upon public streets orders for commercial goods, wares,
subscriptions, publications, periodicals, merchandise or services
to be delivered or fulfilled at a future date.
Any business which operates for less than three days per
week on a monthly basis.
A transient merchant includes every merchant, whether an
individual person, a firm, corporation, partnership or association,
who brings or causes to be brought within the Borough any goods, wares
or merchandise of any kind, nature or description, with the intention
of temporarily or intermittently selling or offering to sell at retail
such goods, wares or merchandise. Temporary association with a local
merchant, dealers, trader or auctioneer for conducting such transient
business and connection with, as a part of or in the name of, any
local merchant, dealer, trader or auctioneer does not exempt any such
person, firm or corporation from being considered a transient merchant.
Peddlers, solicitors and/or transient merchants shall conduct
business between the hours of 10:00 a.m. and 7:00 p.m., each day,
and no peddlers, solicitors and/or transient merchants shall conduct
business on Sundays or legal holidays.
No person shall engage in business as a peddler, solicitor or
transient merchant in this Borough without first having obtained a
license as herein provided, except that no license shall be required
for the following:
A.
Farmers selling their own produce;
B.
Any person offering for sale goods, wares, food, merchandise, services
or subscriptions in conjunction with a charitable or other civic nonprofit
club or organization the proceeds of which are to be applied to any
charitable or philanthropic purpose;
C.
A garage sale on the premises of a homeowner in which the items offered
for sale are primarily items belonging to the homeowner;
D.
Any individual employed by or representing a church, Borough civic
association, scouting organization or school;
E.
Delivery of newspapers, fuel or other printed materials on established
routes;
F.
Delivery of dairy products, baked goods or other prepared food products
on established routes; and
G.
Persons selling at wholesale to business establishments, professional
offices or institutions exclusively.
Every person desiring to engage in peddling, solicitation or
transient retail business in the Borough shall first make application
to the Police Department and remit a twenty-five-dollar investigation
fee at the time of filing said application. Said twenty-five-dollar
investigation fee will be credited to the applicant's license
fee in the event the application is approved. The application shall,
at a minimum, contain the following information:
A.
Name, permanent residence, social security number of the applicant;
B.
Address while in the area;
C.
Name, address and phone number of the firm, corporation, partnership
or association for whom applicant is conducting business, if any;
D.
Address of location where business will be conducted or the manner
in which the business will be conducted;
E.
Date of proposed sale;
F.
Description of products, merchandise, etc., being sold;
G.
The make, model, year, license number and state of registration of
any vehicle being used in connection with said business;
H.
Name of the most recent three previous communities in which applicant
was licensed or operated;
I.
Statement as to whether applicant has been convicted of any crime
or ordinance violation related to the applicant's transient merchant
business within the last five years;
J.
The nature of the offense and place of conviction; and
K.
Whether or not applicant has ever applied for a license within this
Borough.
Each person issued a license shall, at all times while doing
business in this Borough, keep in his or her possession and display
publicly at his or her place of doing business his or her license
and shall, upon the request of a prospective customer, exhibit the
license as evidence that he or she has complied with all of the requirement
of this article.
Licenses issued under this article are nontransferable and applicable
only to the persons filing and listed on the application.
A.
No licensee under this article shall, within the Borough boundaries, call attention to the licensee's business, nor to the goods, wares, merchandise or related services which are being sold or offered for sale, by crying out, by blowing any horns, by ringing loud bells, by public address speaker system, or other loud or unusual noise or disruptive or disturbing sounds. There shall be no signs displayed in any location, nor shall there be any signage or notices placed on any public location, within Vandergrift Borough nor on any telephone pole, tree or other upright or erect structure to announce the licensee's business. This section is not intended to prohibit the playing of music or ringing bells on motorized carts associated with neighborhood seasonal sales of frozen dairy products by street vendors. Any violation of this section shall be considered as a basis for a license revocation pursuant to the requirements of § 341-19 herein.
B.
No licensee under this article shall, within the Borough boundaries, allow to remain overnight any items, materials, debris, vehicles or any other evidence that the licensee was operating any type of a transient merchant business within the Borough boundaries. Any violation of this section shall be considered as a basis for a license revocation pursuant to the requirements of § 341-19 herein.
C.
No licensee under this article shall, within the Borough boundaries,
sell, offer for sale or present any materials or items which would
qualify under the ordinance of Vandergrift Borough relating to sexually
explicit materials, as more specifically defined in Ordinance No.
3 of 2003.[1]
D.
No licensee shall conduct any business activities beyond the times
identified in this article for the sale or offer for sale of lawful
items as a transient merchant, peddler or solicitor from any other
location or at any other times other than as listed in the application
and as approved by the Borough.
Any resident or other entity of the Borough who wishes to exclude
peddlers, solicitors and/or transient merchants from premises occupied
by him or her may place upon or near the usual entrance to such premises
a printed placard or sign bearing the following notice: "Peddlers
and Solicitors Prohibited." Such placard shall be at least four inches
long and six inches wide, and the printing thereon shall be clear
and legible. No peddler shall enter in or upon any premises or attempt
to enter in or upon any premises where placard or sign is placed and
maintained.
Any licensees under this article shall immediately remove themselves
from private property when requested to do by the owner or occupant
thereof.
A.
No peddler, solicitor and/or person engaged in a transient retail
business shall:
(1)
Have any exclusive right to any location on any of the streets, alleys
or sidewalks in the Borough;
(2)
Be permitted a stationary location for a period in excess of two
hours except under circumstances where the person would be part of
a farmers' market or a community activity where, by invitation, the
transient merchant, peddler or solicitor is engaged in an approved
market-type setting, such as an approved temporary farmers' market;
(3)
Be permitted to operate in a congested area where his operations
might impede traffic or inconvenience the public.
B.
For the purpose of this section, the judgment of a police officer,
exercised in good faith, shall be deemed conclusive as to whether
the area is congested, the traffic impeded or the public inconvenienced.
A.
Licenses issued under the provisions of this article may be revoked
by Vandergrift Borough after notice and hearing for any of the following
causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for license;
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on such licensed business;
(3)
Any violation of this article;
(4)
Conduct of the business in any unlawful manner or in such a manner
as to constitute a menace to health, safety or general welfare of
the Borough's citizens;
(5)
Operating under any conditions which would evidence a lack of sanitation,
sanitary facilities for the conducting of any such licensed business
operation or operating without appropriate permit or permits as may
be required by the Pennsylvania Department of Agriculture or any state
or federal entity for the operation of any such licensed business
entity.
B.
The license may be revoke by delivering a notice to the licensee
indicating that the license has been revoked and setting forth the
reason for the revocation. The notice may be delivered by any police
officer on behalf of Vandergrift Borough and may be based upon the
discretion of a police office or the discretion of the Code Enforcement
Officer of Vandergrift Borough. Once served with the notice, the licensee
must immediately terminate operation and shall be subject to the police
jurisdiction of Vandergrift Borough relative to any law or laws of
the Commonwealth of Pennsylvania or ordinance of Vandergrift Borough
for failing to remove himself or herself from any location or by failing
to cease and desist from the activity which has since been prohibited
by license revocation.
C.
Revocation of any license shall bar the licensee from being eligible
for any license under this article for a period of two years from
the date of revocation.
Any person aggrieved by the denial of an application for license
or a decision with reference to the revocation of a license shall
have the right of appeal to the Vandergrift Borough Council. Such
appeal shall be taken by filing with the Vandergrift Borough Secretary,
within 10 days after notice of the action complained of shall have
been mailed or delivered to such persons personally or at the last
known address, a written statement setting forth fully the grounds
for the appeal. The Vandergrift Borough Secretary shall set a time
and place for a hearing on such appeal within 60 days of receipt of
the appeal, and notice of such hearing shall be given to the appellant
in the same manner as provided in this article for notice of revocation
of license. The decision and order of the Vandergrift Borough Council
on such appeal shall be final and conclusive.
Any person violating the provisions of this article shall, upon
conviction, be subject to a fine not exceeding $100. Each day the
violation continues to exist shall constitute a separate offense.
