[Ord. No. 11-08-2005,
11/8/2005; as amended by Ord. No. 11-11-2014, 11/11/2014]
1. As used in this Part:
PEDDLER
Any person who shall engage in peddling, as herein above
defined.
PEDDLING
Engaging in selling, 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 Township of Hemlock.
PERSON
Any natural person, partnership, firm, association or corporation.
2. The following types of sales and solicitations are exempt from this
Part and require no application:
A. 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.
B. 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.
C. The seeking or taking of orders by insurance agents or brokers licensed
under the insurance laws of the Commonwealth of Pennsylvania.
D. To any person who has complied with the provisions of the Solicitation
of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et
seq.
[Ord. No. 11-08-2005,
11/8/2005]
No person shall engage in peddling in the Township of Hemlock
without first having been granted a license as herein provided.
[Ord. No. 11-08-2005,
11/8/2005]
1. Every person desiring to engage in selling, canvassing, soliciting
or peddling in the Township of Hemlock shall first make application
to the Township office. Upon such application, such person shall give:
C. Previous criminal record, if any.
D. The name(s), address and telephone number of the person for whom
he/she works, if any.
E. The type of goods, wares and merchandise he/she wishes to peddle.
F. The length of time for which they wish to be licensed.
G. The type of vehicle they use, if any.
H. The name, address and number of helpers he/she has.
2. Provided, where a person makes application for himself or herself
and one or more helpers, all applicable personal information specified
above shall be given for each helper. No license issued under this
Part shall be transferable from one person to another. Provided, that
no license shall be required of any person legally exempt by the laws
of the Commonwealth from securing such license.
[Ord. No. 11-08-2005,
11/8/2005; as amended by Ord. No. 11-11-2014, 11/11/2014]
No licenses shall be issued under this Part until a fee in an
amount to be determined, from time to time, by resolution of the Board
of Supervisors has been paid to the Township office as issuing agent,
together with a deposit in an amount as established from time to time
by resolution of Board of Supervisors guaranteeing compliance with
the provisions of this Part and proper conduct in selling, canvassing
and soliciting. Each such license shall be good for a period of 30
days from the date of issue and shall be renewable upon application
to the issuing agent. The deposit shall be returned upon the expiration
of any license or the last renewal thereof; provided, the licensee
shall have conformed strictly to the provisions of this Part and shall
not have acted objectionably or offensively in such selling, canvassing
or solicitation.
[Ord. No. 11-08-2005,
11/8/2005]
Upon making application thereof and paying the proper fee, as
herein specified, a license shall be issued to each salesperson, canvasser
or solicitor. Such license shall contain the information required
to be given upon the application therefore. Every such licensee shall
at all times when engaged in selling, canvassing or soliciting in
the Township carry such license upon his/her person and shall exhibit
such license upon request to all police officers, Township officials
and citizens. No licensee shall engage in selling any product not
mentioned upon such license. A copy of the license shall be forwarded
to the Chamber of Commerce for their records, upon approval.
[Ord. No. 11-08-2005,
11/8/2005]
No licensee hereunder shall engage in selling, canvassing or
soliciting by foot or from door to door at anytime on a Sunday or
upon any other day of the week before 9:00 a.m. or after sunset, prevailing
time.
[Ord. No. 11-08-2005,
11/8/2005]
No person licensed under this Part shall hawk or cry his/her
wares upon any of the streets or sidewalks of the Township, nor shall
be/she use any loud speaker or horn or any other device for announcing
his/her presence by which the public is annoyed.
[Ord. No. 11-08-2005,
11/8/2005]
No person licensed under this Part shall park any vehicle upon
any of the roads, streets or alleys of the Township in order to sort,
rearrange or clean any of his/her goods, wares or merchandise, nor
may any such person place or deposit any refuse upon any of such roads,
streets or alleys, nor may any such person maintain or keep a street
or curbstone market by parking any vehicle upon any road, street or
alley in the Township for longer than necessary in order to sell therefrom
to person residing in the immediate vicinity.
[Ord. No. 11-08-2005,
11/8/2005]
No person licensed under this Part shall occupy any fixed location
upon any of the roads, streets, alleys or sidewalks of the Township
for the purpose of peddling, with or without any stand or counter.
[Ord. No. 11-08-2005,
11/8/2005]
The Township Office shall keep a record of all licenses issued
under this Part. Notice of the issuing of each such license shall
be given to the Chief of Police by the Township office. The Chief
of Police and the Township office shall supervise the activities of
all holders of such licenses.
[Ord. No. 11-08-2005,
11/8/2005; as amended by Ord. No. 11-11-2014, 11/11/2014]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge 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.