[HISTORY: Adopted by the Borough Council of the Borough of
South Waverly 3-3-2008 by Ord.
No. 03-03-08 (Ch. 99 of the 1992 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 379.
Words as used herein are defined as follows:
Any individual or person meeting the definition under this
chapter as a solicitor, peddler or transient, or itinerant merchant
or vendor engaged in the sale of a product who does not meet the definition
of an invited solicitor. This includes selling or attempting to sell
subscriptions, products, or services, or taking orders, or attempting
to take orders for subscriptions, products, or services.
Any individual or person who is engaged in selling a product
subscription or services that is invited by the property owner onto
their premises.
Any individual or person who is a member of a bona fide religious,
educational, charitable, nonprofit community service organization
or government agency as defined in this chapter and candidates or
campaign workers for political office or for legitimate campaign issues
who travel door to door; this includes soliciting contributions or
pledges for contributions, in the Borough who are not engaged in the
sale of a product.
Any person, whether a resident of the Borough of South Waverly
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, meats, fish, vegetables, fruits, garden or farm products
or provisions, offering and exposing the same for sale or making sales
and delivering articles to purchasers or who, without traveling from
place to place, shall sell or offer the same for sale from a wagon,
automotive vehicle, railroad car or other vehicle or conveyance, and
further provided that one who solicits orders and, as a separate transaction,
makes deliveries to purchasers as a part of a scheme or design to
evade the provisions of this chapter shall be deemed a "peddler" subject
to the provisions of this chapter.
Includes the singular and the plural and shall also mean
and include any person, firm or corporation, association, club, copartnership
or society or any other organization.
Any individual, whether of the Borough of South Waverly or
not, traveling either by foot, wagon, automobile, motor truck or any
other 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 to be furnished or
performed in the future, 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 payments on such sales or not, provided that
such definition shall include any person who, for himself or for another
person, firm or corporation, hires, leases, uses or occupies any building,
structure, tent, railroad boxcar, hotel room, lodging house, apartment,
shop or any other place within the Borough for the sole purpose of
exhibiting samples and taking orders for future delivery.
Any person, firm or corporation, whether as owner, agent,
consignee or employee, whether a resident of the Borough or not, who
engages in a temporary business of selling and delivering goods, wares
and merchandise within said Borough and who, in furtherance of such
purpose, hires, leases, uses or occupies any building, structure,
motor vehicle, tent, railroad boxcar or public room in hotels, lodging
houses, apartments or shops or any street, alley or other place within
the Borough for the exhibition and sale of such goods, wares and merchandise,
either privately or at public auction, provided that such definition
shall not be construed to include any person, firm or corporation
who, while occupying such temporary location, does not sell from stock
but exhibits samples only for the purpose of securing orders for future
delivery only. The person, firm or corporation so engaged shall not
be relieved from complying with the provisions of this chapter merely
by reason of associating temporarily with any local dealer, trader,
merchant or auctioneer or by conducting such transient business in
connection with, as a part of or in the name of any local dealer,
trader, merchant or auctioneer.
No person shall engage as a solicitor, peddler, commercial solicitor
or transient merchant within the Borough of South Waverly without
first having obtained a license as hereafter provided. A license is
not required for a noncommercial solicitor.
A.
The license fee provisions of this chapter shall not apply to one
who sells or offers for sale, in person or by his employees or agents,
newspapers, ice, bread, pastry, wood, ice cream, milk or products
of the land, if such products are actually grown, produced or made
by the seller or the members of his household, within a radius of
15 miles of the Borough of South Waverly, or if such products are
being delivered on a regularly established route.
B.
The license fee provisions of this chapter shall not apply to sales
made to manufacturers, merchants and dealers for resale only.
Authorized representatives of bona fide religious, charitable,
educational or service organizations, government agencies and political
action may go door to door in the Borough without any requirement
to formally register, provided they are not selling any products.
Any of these organizations selling a product shall be exempt from
the payment of any fee required by any section of this chapter. However,
organizations shall be required to submit, in writing, to the Borough
Secretary the name and purpose of the cause for which such activity
is sought, the name and address of the immediate director of such
activity and the period during which such activity is to be carried
on in the Borough of South Waverly. If the Borough Secretary, after
investigation, shall find that the organization is a bona fide charitable,
religious, educational or service organization, he or she shall issue,
free of charge, a license to carry on such activity for which the
license was issued. However, there will be no requirement to register
or pay a fee for any individual under this section who is not selling
a product.
An application, in writing, shall be filed with the Borough
Secretary for a license under this chapter. Such application shall
set forth the applicant's name, permanent and local address,
business address, if any, and physical description. The application
shall also set forth the applicant's employer, if any, and the
employer's address, the nature of the applicant's business,
the last place of such business and the type of activity to be conducted
under the license:
A.
Upon receipt of such application, the original shall be referred
to the Chief of Police or police officer of the contracting police
force, who shall cause such investigation of the applicant's
business responsibility to be made, as he deems necessary for the
protection of the public good. The Borough shall have up to five (business)
days to investigate and issue said license. The applicant shall not
operate until said license has been approved.
[Amended 6-2-2010 by Ord.
No. 06-02-10-02[1]]
[1]
Editor's Note: This ordinance also provided for an effective
time and date of 12:00 midnight on 6-30-2010, further providing that
the South Waverly Borough Police Department be disbanded at that time
contemporaneously with the commencement of police services in South
Waverly Borough by Sayre Borough Police Department pursuant to an
agreement of 3-1-2010.
B.
If, as a result of such investigation, the applicant's business
responsibility is found to be unsatisfactory, the Chief of Police
or a police officer of the contracting police force shall endorse
on such application his or her disapproval and his or her reason for
the same and return said application to the applicant that his or
her application is disapproved and that no permit and license shall
be issued.
[Amended 6-2-2010 by Ord.
No. 06-02-10-02]
C.
If, as a result of such investigation, the business responsibility
of the applicant is found to be satisfactory, the Chief of Police
or a police officer of the contracting police force shall endorse
on the application his or her approval and shall, upon payment of
the prescribed license fee, deliver to the applicant his or her license.
Such license shall contain the signature and seal of the issuing officer
and shall show the name and address of said licensee, the kind of
goods to be sold thereunder, the amount of fee paid, the date of issuance
and the length of time the same shall be operative, as well as the
license number and other identifying description of any vehicle used
in such activity.
[Amended 6-2-2010 by Ord.
No. 06-02-10-02]
D.
The applicant must register make, model and license plate number
for all vehicles utilized during the peddling or soliciting process.
Each solicitor or peddler shall at all times while doing business
in this Borough keep in his or her possession the license provided
for in this chapter and shall, upon the request of prospective customers,
exhibit the license as evidence that he or she has complied with all
requirements of this chapter. Each transient merchant shall publicly
display his license in his or her place of business.
No license issued under the provisions of this chapter shall
be used at any time by any person other than the one to whom it was
issued.
No person licensed as a peddler under this chapter shall hawk
or cry his or her wares upon any of the streets or sidewalks of the
Borough, nor shall be or she use any loudspeaker or horn or any other
device for announcing his or her presence by which the general public
is annoyed and shall comply with the Borough's Noise Ordinance.
[Amended 6-2-2010 by Ord.
No. 06-02-10-02]
Unless otherwise permitted by ordinance, no transient merchant
shall be permitted to sell from any fixed location in the public streets
nor shall any peddler, noncommercial solicitor, commercial solicitor,
solicitor or transient merchant be permitted to operate in any congested
area where his or her operations might impede or inconvenience the
public. For the purpose of this chapter, the judgment of the Chief
of Police or police officer of the contracting police force exercised
in good faith shall be deemed conclusive as to whether the area is
congested or the public impeded or inconvenienced.
[Added 6-2-2010 by Ord.
No. 06-02-10-02]
The contracting police force shall have the power and duty to
require any person seen peddling, soliciting or doing business as
a transient merchant and who is not known by such officer to be duly
licensed to produce his or her license and to enforce the provisions
of this chapter against any person found to be violating the same.
The Borough Secretary shall maintain a record for each license
issued denied or revoked and record all violations therein.
[Amended 6-2-2010 by Ord.
No. 06-02-10-02]
A.
Permits and licenses issued under the provisions of this chapter
may be denied or revoked by the Chief of Police or police officer
of the contracting police force 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 his or her business.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral turpitude.
(5)
Conducting the business in an unlawful manner or in such a manner
as to constitute a breach of the peace or to constitute a menace to
the health, safety or general welfare of the public.
B.
Notice of the hearing by the Chief of Police or police officer of
the contracting police force for revocation of a license shall be
given in writing, setting forth specifically the grounds of complaint
and the time and place of hearing. Such notice shall be mailed, postage
prepaid, to the licensee at his last-known address or otherwise placed
in his possession at least five days prior to the date set for hearing.
[Amended 6-2-2010 by Ord.
No. 06-02-10-02]
A.
Any person aggrieved by the action of the Chief of Police of the contracting police force in the denial of a license as provided in § 398-6 of this chapter or in the decision with reference to the revocation of a license as provided in § 398-13 of this chapter shall have the right to appeal to the Council of the Borough of South Waverly. Such appeal shall be taken by filing with the Council, within 30 days after notice of the action complained of has been mailed to such person's last-known address or otherwise placed in his possession, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for a hearing on such appeal. Notice of such hearing shall be given to the appellant in the same manner as provided in § 398-13 of this chapter for notice of hearing on revocation.
B.
The Chief of Police of the contracting police force shall have the
power and duty to enforce the provisions of this chapter.
All licenses issued under the provisions of this chapter shall
be by the day.
No person licensed as a peddler or commercial solicitor under
this chapter shall engage in peddling at any time on Sunday or upon
any other day of the week before 9:00 a.m. or one hour after sunset
but not later than 7:00 p.m.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys’ fees incurred
by the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this chapter in equity in the Court of Common
Pleas of Bradford County.
