[HISTORY: Adopted by the Borough Council of the Borough of Lemoyne as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-7-2016 by Ord. No. 737]
As used in this article, the following terms shall have the meanings indicated:
- Any person who engages in the act of peddling as hereinafter defined.
- Engaging in the selling, canvassing, soliciting or taking of orders, either by sample or otherwise, for any goods, services, wares or merchandise, including subscriptions for magazines or other printed matter, the obtaining of contracts for home and building devices, repairs and improvements, and/or the securing of contribution to various causes and/or organizations, from house to house, or upon any street, alley or sidewalk in the Borough; provided, the word "peddler" shall not apply to:
- A. Farmers selling their own produce;
- B. Those selling goods, wares and/or merchandise, donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose;
- C. Any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk products;
- D. Boys and girls under 18 years of age, who take orders for and deliver newspapers, greeting cards, candy and the like or who represent the Boy Scouts or Girl Scouts or similar organizations, and take orders for and deliver cookies and the like; or
- E. Any person who works for an organization which is in compliance with the Solicitation of Funds for Charitable Purposes Act, as cited in 10 P.S. § 162.1 et seq., as amended from time to time.
- Any natural person, association, partnership, firm or corporation.
No person shall engage in peddling in the Borough of Lemoyne without first having obtaining a license as herein provided.
Every person desiring to engage in peddling in the Borough of Lemoyne shall submit a written application to the Chief of Police, accompanied by two photographs 2 1/2 inches by three inches of himself/herself, taken within six months prior to the date of the application.
The application shall state the applicant's name, age, gender, home address, business address, name and address of employer, if any, what he desires to peddle, the make and model of vehicle, if any, the applicant will use, the vehicle's license plate number, and whether the applicant has ever been convicted of a felony, misdemeanor, or a crime of any kind involving moral turpitude. Said application shall further state the length of time for which the applicant wishes to be licensed and the number of helpers the applicant has; provided, all applicable information specified above shall be required for the applicant and each helper.
The Chief of Police will issue to the applicant a license (to which one of the applicant's photographs shall be affixed) within 15 days from the date of the filing of the application; provided that the proper fee, as established by resolution of Borough Council, shall be paid to the Borough's police department.
A license will not be issued to any person who has been convicted of a felony, misdemeanor, or a crime of any kind involving moral turpitude, as defined in 22 Pa. Code § 237.9, and such persons shall not be allowed to engage in peddling in the Borough.
Such licenses shall be not be transferable from one individual to another, and shall not be valid beyond the expiration date thereof.
No refunds shall be issued by the Borough for any license holder not requiring such license for the full term thereof.
Each license issued under this article shall specifically state the name and address of the holder of such license; the names of all authorized helpers; the type of goods, wares or merchandise he/she is licensed to sell in the Borough; the name, if any, of the person by whom or by which he/she is employed to sell such goods, wares and merchandise; and the duration of such license.
Each person holding a license under this article shall exhibit such license to any police officer, Borough officer or citizen or resident of the Borough, upon request. All helpers of the license holder are required to exhibit a photocopy of the original license, upon which the helper's name is contained thereon, upon request.
No peddler shall engage in the selling or dealing with any product not specifically included in such license.
No peddler shall:
Hawk or cry his/her wares from any of the streets or sidewalks of the Borough, nor shall be/she use any speaker or horn or any other device for announcing his/her presence, by which the public peace is disturbed;
Park any vehicle upon any street or alley within the Borough in order to sort, rearrange or clean any of his goods, wares or merchandise;
Deposit any refuse upon any of such streets or alleys, or sidewalks;
Maintain or keep a street or curbstone market by parking any vehicle upon any street or alley within the Borough for longer than necessary in order to sell to persons residing in the immediate vicinity; or
Occupy any fixed location upon any of the streets, alleys or sidewalks within the Borough for the purpose of peddling, with or without any stand or counter.
The Mayor or Chief of Police of the Borough of Lemoyne is hereby authorized to suspend any license issued under this article when he deems such suspension to be beneficial to the public health, safety or welfare, or for, violation of any of the provisions of this article, or for giving false information upon any application for a license hereunder.
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 or more than $1,000; and/or to imprisonment in Cumberland County Prison, for a term not to exceed 90 days. Each day that a violation of this article continues shall constitute a separate offense.