No person shall engage in soliciting or peddling or in the business
of transient merchant in the municipality without first having secured
a license as herein provided.
No license to engage in the business of transient merchant shall
be issued under this chapter until the required license fee shall
be paid to the municipality. Such fees shall be in accordance with
the Schedule of Fees then in effect in the municipality and established
by resolution of the governing body. A separate application shall
be filed and a separate license fee shall be paid by each person who
shall actually conduct the soliciting or peddling and shall apply
where an employer desires to secure licenses for his employees, agents
or servants.
The Fee Schedule adopted by the governing body may provide for
different fees for different periods of times. No license shall be
issued for a period of time in excess of one month. Should the transient
merchant desire to continue his activities for a period longer than
one month, a new application must be filed and the appropriate fee
paid. All fees shall be nonrefundable.
Any person owning or occupying any building or portion thereof
within Adams Township, Butler County, Pennsylvania, who desires to
secure the protection under the notice regulations contained in this chapter shall comply with the following
requirements:
A. Such individual shall post at a primary entrance to such premises
a notice which states "ABSOLUTELY NO SOLICITING" or "NO TRESSPASSING."
B. Such notices shall be in block letters at least one inch in height
and will be provided by Adams Township to persons requesting them
at the website www.adamstwp.org, or such other website as may be determined
from time to time by resolution of the Board of Supervisors.
C. Such notice so exhibited shall constitute sufficient notice to any
canvasser, peddler or solicitor, whether registered under this chapter
or not, of the determination by the occupant or owner of such premises
of the information contained on such notice.
The Chief of Police of Adams Township shall keep a record of
all licenses issued under this chapter. The Adams Township Police
Department shall supervise the activity of all holders of such licenses.
Any person whose license has been revoked shall be entitled
to appear, with counsel, if he so desires, before the governing body
at any regular or special meeting and be heard in behalf of a request
for reinstatement for his license.
No person licensed as a transient merchant under this chapter
shall hawk or cry his wares or services upon any of the streets or
sidewalks of the municipality, nor shall he use any loudspeaker, bell,
whistle, electronic or flashing sign or other device for announcing
his presence by which the public is annoyed.
[Amended 7-9-2018 by Ord.
No. 170]
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$1,000 and costs of prosecution, including reasonable attorneys'
fees and costs, and, in default of payment of such fine and costs,
to imprisonment for not more than 30 days, provided that each day's
continuance of a violation shall constitute a separate offense.
The provisions of this chapter shall be severable and if any
of the provisions or sections shall be declared unconstitutional or
illegal by the court of competent jurisdiction, the decision of such
court shall not affect the validity of the remaining sections or provisions,
of this chapter, being declared by the governing body that it would
have been its legislative intent that this chapter would have been
adopted had such illegal or unconstitutional provisions not been included
therein.
Ordinance No. 90 of Adams Township is specifically repealed,
as well as any prior resolutions or prior ordinances or parts thereof
which are inconsistent herewith.