The following words and phrases, when used in this chapter,
shall, for the purpose of this chapter, have the meanings respectively
ascribed to them in this section, except as may hereinafter be specifically
provided:
PEDDLER
Any person who shall engage in peddling as herein defined.
PEDDLING
The selling or offering for sale of any goods, wares or merchandise
for immediate delivery which the person selling or offering for sale
carries with him or her in traveling, or has in his or her possession
or control, upon any of the streets or sidewalks or from house to
house within the City; provided, however, that the word "peddling"
shall not apply to the seeking of or taking of orders:
A.
By any manufacturer or producer for the sale of bread or bakery
products, meat and meat products or milk or milk products;
B.
By insurance or real estate agents or brokers licensed under
the applicable laws of the State of Maryland; or
C.
By newsboys for the sale of newspapers regularly published and/or
distributed in Worcester County.
PERSON
Any natural person, association, partnership, firm or corporation.
SOLICITING
The seeking or taking of contracts or orders for any goods,
wares or merchandise for future delivery or for subscriptions or contributions
upon any of the streets or sidewalks or from house to house within
the City; provided, however, that the word "soliciting" shall not
apply to the seeking of or taking of orders:
A.
By any manufacturer or producer for the sale of bread or bakery
products, meat and meat products or milk or milk products;
B.
By insurance or real estate agents or brokers licensed under
the applicable laws of the State of Maryland; or
C.
By newsboys for the sale of newspapers regularly published and/or
distributed in Worcester County.
SOLICITOR
Any person who shall engage in soliciting as hereinabove
defined.
[Amended 3-4-1985 by Ord.
No. 283, approved 3-6-1985]
A. No person shall engage in soliciting or peddling in the City without
first registering with the Police Department and obtaining a City
license therefor.
B. Any applicant wishing to obtain a City license for the hawking or
peddling of any product, item or service also regulated by another
governmental agency (i.e., the Health Department) must show evidence
of compliance with such regulations and a current license, where appropriate,
prior to the issuance of a City license.
[Amended 7-12-1976 by Ord. No. 243; 7-7-1980 by Ord. No. 262, approved 7-7-1980]
No license shall be issued until the proper fees, as shall be
determined by the Council by resolution, shall have been paid to the
Police Department.
Upon receipt of the required application properly completed
by the applicant, together with the necessary fees, the Police Department
shall issue a hawker's and peddler's permit, unless the
applicant shall have been convicted of a crime involving moral turpitude
or unless the organization making application shall be under investigation
by the Consumer Protection Division of the Office of the Attorney
General of Maryland. No license issued pursuant hereto shall be transferable
from one person to another.
Every solicitor or peddler shall, at all times while engaged
in soliciting or peddling in the City, carry on his or her person
the license and, upon request, exhibit the same to all police officers,
City officials and citizens. No solicitor or peddler shall engage
in selling or offering for sale or in seeking or taking of orders
or contracts for any goods, wares, merchandise, article, device, subscription,
contribution, service or contract not mentioned upon such license,
nor shall any person use any vehicle for soliciting or peddling other
than the vehicle registered upon his or her license.
No person engaged in soliciting or peddling shall hawk or cry
his or her goods, wares, merchandise, offers, contracts or services
upon any of the streets or sidewalks of the City, nor shall be or
she use any loudspeaker or horn or any other device for announcing
his or her presence to the members of the public.
Entering a private residence or place of business in the City
by a solicitor or peddler under false pretenses for the purpose of
selling or offering for sale or for soliciting orders for goods, wares,
merchandise, contracts or personal services; or remaining in a private
residence or the premises thereof or any place of business or on the
premises thereof after the owner or occupant thereof shall have requested
any solicitor or peddler to leave; or going in and upon the premises
of the private residence or place of business by a solicitor or peddler
for any such purpose when the owner or occupant thereof has displayed
a "No Soliciting" sign on such premises is prohibited and is further
declared to be a nuisance.
Each license shall be issued in card form, shall be carried
by the person for whose benefit it is issued and shall contain the
following: number of permit, fee paid, date of issue, expiration date,
name, age, height, weight, name of employer, address and signature
of holder. The reverse side of such license shall contain any regulations
then in effect and controlling the holder as well as any conditions
and/or limitations to which such permit is subject.
Licenses shall be issued in numerical order; provided, however,
that separate records in a separate numerical order shall be retained
and maintained for such licenses as are issued without payment of
a license fee.
[Amended 3-4-1985 by Ord.
No. 283, approved 3-6-1981; 6-2-1997 by Ord. No.
349]
In the event that any person shall fail, neglect or refuse to comply with the provisions of this chapter, he or she shall be in violation of this chapter and shall be guilty of a municipal infraction and shall be governed by the provisions of Chapter
1, General Provisions, Article
V, Municipal Infractions. Any person found to have committed said municipal infraction shall be subject to a fine as set forth in the Fees, Charges and Rates Schedule, adopted by resolution of the City Council from time to time. Each and every day that a person shall be in violation
of this chapter shall constitute a separate offense.