[Ord. 2-1969, 4/8/1969, § 1; as amended by Ord.
2-2002, 5/15/2002, § 1]
1.
PEDDLER
PEDDLING
A.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
B.
PERSON
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context.
Any person who shall engage in peddling, as hereinbelow defined.
Engaging in peddling, canvassing, soliciting or taking of orders,
either by sample or otherwise, for any goods, wares or merchandise,
including magazines, books, periodicals or personal property of any
nature whatsoever for future delivery, or for service to be performed
at that time or in the future upon any of the streets or sidewalks
or from house to house within the Township of Canton. Provided, no
license fee shall be charged:
To farmers selling their own produce.
For 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.
To any manufacturer or producer in the sale of bread and bakery
products, meat and meat products, or milk or milk products.
To children under the age of 18 years who take orders for and
deliver newspapers, greeting cards, candy, bakery products and the
like, or who represent the Boy Scouts or Girl Scouts or similar organizations.
To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania.
To a person who has complied with the provisions of the Solicitation
of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et
seq., as hereinafter amended, supplemented, modified or re-enacted
by the General Assembly of Pennsylvania.
For taking orders for merchandise, by sample, from dealers or
merchants or individuals or companies who pay a license or business
privilege tax at their chief place of business.
But all persons exempted hereby from the payment of the license
fee shall be required to register with the Township Secretary and
obtain a license without fee; provided any person dealing in one or
more of the above mentioned exempted categories, and dealing with
other goods, wares or merchandise not so exempted, shall be subject
to the payment of the license fee fixed by this section for his activities
in connection with the sale of goods, wares and merchandise not in
such exempted categories. Provided, further, the Township Secretary
may similarly exempt from payment of the license fee, but not with
registering with him, persons working without compensation and selling
goods, wares or merchandise for the sole benefit of a nonprofit corporation.
Provided, further, every license issued under the provisions of this
Part will be issued on an individual basis to any person or persons
engaging in such business; every individual shall obtain a separate
license, issued to him in his name, and the license fee hereby imposed
shall be applicable to every such individual license, except that
a representative of a charitable organization may obtain licenses
for the applicants.
Any natural person, association, partnership, firm or corporation.
2.
In this Part, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
[Ord. 2-1969, 4/8/1969, § 2]
No person shall engage in peddling in the Township of Canton
without first having taken out a license as herein provided.
[Ord. 2-1969, 4/8/1969, § 3]
Every person desiring to engage in peddling in the Township
of Canton shall first make application to the Township Secretary for
a license. Upon 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: 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 Part shall
be transferable from one person to another.
[Ord. 2-1969, 4/8/1969, § 4; as amended by Ord.
2-2002, 5/15/2002, § 1]
No license shall be issued under this Part until the fee shall
be paid. The fee shall be in an amount as established, from time to
time, by resolution of the Board of Supervisors.
[Ord. 2-1969, 4/8/1969, § 5; as amended by Ord.
5-1976, § 1/13/1976, § 1]
1.
Upon making application therefor and paying the proper fee, as herein
specified, the Township Secretary shall immediately institute such
investigation of the applicant's business and moral character
as he deems necessary for the protection of the public safety, and
if, upon such investigation, the applicant's business and moral
character are found to be satisfactory, the Township Secretary shall
thereupon issue the license. Upon the refusal or failure to act on
an application within a reasonable time, the applicant may appeal
to the Board of Supervisors for relief. 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 Township,
carry such license upon his person, and shall exhibit such license,
upon request, to all police officers, Township Officials and citizens.
No peddler shall engage in selling any produce not mentioned upon
such license.
2.
Every peddler engaged in peddling in the Township shall be restricted
to do so between the hours of 8:00 a.m. and 5:00 p.m. on weekdays,
Monday through Saturday.
[Ord. 2-1969, 4/8/1969, § 6]
No person, licensed as a peddler under this Part, shall hawk
or cry his wares upon any of the streets or sidewalks of the Township
nor shall be use any loud speaker or horn or any other device for
announcing his presence by which the public is annoyed.
[Ord. 2-1969, 4/8/1969, § 7; amended at time of
adoption of Code]
The Township Manager/Code Enforcement Officer is hereby authorized
to suspend any license issued under this Part 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 Part, or for giving false information
upon any application for a license hereunder.
[Ord. 2-1969, 4/8/1969, § 8; as amended by Ord.
2-2002, 5/15/2002, § 1; amended at time of adoption of Code]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a Magisterial District Justice in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
