[HISTORY: Adopted by the Mayor and Council of Pocomoke City 1-6-1969 by Ord. No. 204 (Ch. 20 of the 1968 Code). Amendments noted where applicable.]
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:
Any person who shall engage in peddling as herein defined.
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:
By any manufacturer or producer for the sale of bread or bakery
products, meat and meat products or milk or milk products;
By insurance or real estate agents or brokers licensed under
the applicable laws of the State of Maryland; or
By newsboys for the sale of newspapers regularly published and/or
distributed in Worcester County.
Any natural person, association, partnership, firm or corporation.
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:
By any manufacturer or producer for the sale of bread or bakery
products, meat and meat products or milk or milk products;
By insurance or real estate agents or brokers licensed under
the applicable laws of the State of Maryland; or
By newsboys for the sale of newspapers regularly published and/or
distributed in Worcester County.
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.
A.
Every person desiring to engage in soliciting or peddling in the
City shall first request a license therefor from the Police Department,
giving his or her name, address, sex, age, previous criminal record,
if any, the name and address of the person for whom he or she works,
if any, the type or types of article, device, subscription, contribution,
service or contract which he or she desires to sell or for which he
or she wishes to solicit within the City, the length of time for which
he or she wishes to be registered, the type of vehicle he or she uses,
if any, and its registration number.
B.
Notwithstanding the provisions of Subsection A hereof, any civic, religious or charitable organization shall be permitted, in lieu of the procedure hereinbefore set forth, to register its solicitors and peddlers acting for and on behalf of such organization or association by the submission of the names and addresses of all persons acting for and on behalf of such organization, together with a certification by an officer thereof that all of the persons whose names appear on such list are members of such organization and/or are acting on its behalf and are of good repute and without prior criminal record of a crime involving moral turpitude.
[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.
A.
No person shall engage in soliciting or peddling at any time on Sunday
or upon any other day of the week before 9:00 a.m. or after 5:00 p.m.,
except upon invitation from or on appointment with the resident.
B.
A person who hawks or peddles goods on the streets of the City from
either a vehicle or conveyance of any description shall keep moving
from place to place and not remain in any one place longer than 20
minutes or return thereto within a period of five hours. A hawker
or peddler shall not be deemed to have complied with this provision
unless he or she shall have moved a distance of at least 100 feet
from the point or place at which he or she last stopped.
C.
No hawker or peddler shall stop or take up location for the purpose
of selling at any point which is less than 250 feet from the entrance
of any store or place of business which sells, at retail, trade goods,
wares, merchandise, foodstuffs or produce similar to that which the
hawker or peddler is offering for sale.
[Amended 5-2-1983 by Ord.
No. 271, approved 5-3-1983]
D.
Restricted area; farmers market.
[Added 5-2-1983 by Ord.
No. 271, approved 5-3-1983]
(1)
Notwithstanding the provisions of any other subsection of this chapter,
no hawker or peddler (except ice cream vendors) shall stop or take
up location for the purpose of selling at any point within the designated
geographical area bounded on four sides as follows: on the west by
the Pocomoke River, on the east by Second Street, on the north by
Linden Avenue and Bridge Street and on the south by Cedar Street.
(2)
Hawkers and peddlers may sell their wares at the Farmers Market Building
located at Market Street near the Pocomoke River upon payment of the
rental fee in effect for space at the Farmers Market and compliance
with all applicable rules and regulations of the Farmers Market.
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.[1] Each and every day that a person shall be in violation
of this chapter shall constitute a separate offense.
[1]
Editor's Note: The current Fees, Charges and Rates Schedule
is on file in the City Clerk's office.
