[Ord. 4, 11/10/1980]
As used in this Part, the following terms shall have the meanings indicated.
BOROUGH
The Borough of Hughesville.
BOROUGH COUNCIL
The Council of the Borough of Hughesville.
BOROUGH SECRETARY
The Secretary of the Borough of Hughesville.
PEDDLER
Any person who shall engage in peddling as hereinbelow defined.
PERSON
Any natural person, association, partnership, firm, organization or corporation.
SOLICITING AND PEDDLING
1. 
SOLICITINGThe seeking or taking of contract orders for any goods, wares, services or merchandise for future delivery, or for subscriptions or contributions, upon any of the streets or sidewalks, or house to house, by visitation to private residences, by entering in or upon private property within the Borough.
2. 
PEDDLINGThe selling or offering for sale of goods, wares, services or merchandise for immediate delivery, which the person selling or offering carries with him in traveling or has in his possession or control, upon any of the streets or sidewalks, or house to house, by visitation to private residences by entering in or upon private property within the Borough.
3. 
The words "soliciting" and "peddling" shall not refer to:
A. 
Farmers seeking or taking orders for the sale of their own products.
B. 
The seeking or taking of order by the manufacturer or producer for the sale of bread and bakery products, meat and meat products, milk and milk products.
C. 
The sale of goods, wares and merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable philanthropic purpose.
D. 
Any honorably discharged soldier, sailor or marine of the military service who complies with the Act of Assembly of the Commonwealth of Pennsylvania of 1867, April 8, P.L. 50, as amended, who procures from the prothonotary of the proper county a certificate in pursuance of the Act of Assembly.
E. 
Persons, corporations, partnerships and associations, and their agents or employees, who have complied with the provisions of the Act of Assembly of the Commonwealth of Pennsylvania of 1963, August 9, P.L. 628, as amended, governing solicitations for charitable, benevolent, patriotic or other purposes.
F. 
The seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania for insurance.
SOLICITOR
Any person who shall engage in soliciting, as hereinabove defined.
Word usage. In this Part, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
[Ord. 4, 11/10/1980]
No person shall engage in soliciting or peddling in the Borough without first having taken out a license as herein provided.
A. 
Every person desiring to engage in soliciting or peddling in the Borough shall first make application to the Borough Secretary for a license. If such person shall also be required to obtain a license from a county officer, he shall upon making such application, exhibit a valid county license. The application shall be upon a blank provided by the Borough Secretary and shall contain at least the following information, verified by oath or affirmation:
(1) 
Full name of the applicant and local address, if any.
(2) 
Permanent address.
(3) 
Name of employer or a statement that such applicant is self-employed.
(4) 
The nature of the goods, wares, services or merchandise offered for sale.
(5) 
A statement as to whether or not the applicant has ever been convicted of any crime, and if the answer is in the affirmative, the nature of the offense or offenses and the punishment or punishments imposed thereon.
(6) 
The type and license number of vehicles to be used, if any.
(7) 
Upon request, the applicant shall furnish a photograph.
B. 
Where a person makes application for himself and one or more helpers, all applicable personal information specified above shall be given for each helper and verified or affirmed by oath or affirmation by him, and individual licenses shall be required for each helper. No license under this Part shall be transferable from one person to another.
C. 
The Police Chief shall make such investigation into the character of the applicant and the business to be conducted as he deems necessary to protect the interests of the Borough residents and may require references.
D. 
License Fee. No license shall be issued under this Part until the proper fee or fees, shall be paid unto the Borough Secretary.
(1) 
Five dollars per day.
(2) 
Twenty-five dollars per month, or
(3) 
Fifty dollars per year.
E. 
License Exhibition.
(1) 
Each license when issued shall state, inter alia, the products or services to be rendered by the licensee. Every solicitor or peddler shall at all times, when engaged in soliciting or peddling in the Borough, carry such license upon his person and shall produce said license upon request to all Borough officials, police officers and citizens. No solicitor or peddler shall engage in selling any product or service no mentioned on such license.
(2) 
Each licensee shall wear in plain sight an identification tag issued by the Borough Secretary. Said tag to be returned to the Borough Secretary upon the expiration of the term of the license. The Borough may require a reasonable deposit on the identification tag to insure its return.
[Ord. 4, 11/10/1980]
1. 
Hours. No person licensed as a solicitor or peddler under this Part shall engage in soliciting or peddling on any day of the week before 9:00 a.m. or after 5:00 p.m. During the time of the year when Eastern standard time is effective, the aforesaid hours shall be Eastern standard time, and during the time of the year when daylight saving time is effective, the aforesaid hours shall be daylight saving time. No peddling or solicitation shall take place on Sunday or legal holidays.
2. 
Limitations on Parking of Vehicles; Littering Prohibited. No person licensed as a solicitor or peddler under this Part shall park any vehicle upon any of the streets, highways or alleys of the Borough in order to sort, rearrange or clean any of his goods, wares, services or merchandise. No such person shall place or deposit any refuse on any such streets, highways or alleys. No such person shall maintain or keep a street or curbside market by parking any vehicle upon any street or alley in the Borough any longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.
3. 
Fixed Location Prohibited. No person licensed as a solicitor or peddler under this Part shall occupy any fixed location upon any of the streets, highways, alleys or sidewalks of the Borough for the purpose of soliciting or peddling with or without any stand or counter.
4. 
Hawking and Noisemaking Prohibited. No person licensed under this Part as a solicitor or peddler shall hawk or cry his wares or services upon any of the streets, sidewalks of the Borough, nor shall be use any loudspeaker, or whistle or other device for announcing his presence by which the public is annoyed.
5. 
No person, whether licensed or not, while engaged in any solicitation, shall knock at the door or ring the bell of any home, apartment, apartment building or other dwelling unit in the Borough upon which is displayed at the entrance a notice which reads "No Peddlers or Solicitors Allowed" or which otherwise clearly purports to prohibit peddlers or solicitors. This section shall not be applicable to persons who without compensation or remuneration, solicit in behalf of or for any publicly recognized religious, educational, civic, or charitable organization.
6. 
Record of Licenses; Supervision of Licensees. The Borough Secretary shall keep a record of all licenses issued under this Part, and the Chief of Police shall receive daily a list of licenses issued hereunder since the previous day. The Chief of Police shall supervise the activities of all holders of such licenses, and make a report thereof each month to the Borough Council.
7. 
License Suspension; Appeal. Any license issued under this Part may be suspended at any time by the Police Chief for violation of any of the provisions of this Part; for giving false information on the application for a license hereunder; for the applicant or licensee having been convicted of a crime involving moral turpitude and issuance of such license; or for the licensee having been convicted of disorderly conduct under any law of the Commonwealth of Pennsylvania or any ordinance of the Borough. Appeals from any suspension may be made to the Borough Council at any time within 10 days after such suspension. No part of a license fee is to be refunded to any person whose license shall have been revoked. Such person whose license is suspended may not apply for a new license until one complete calendar year after such revocation or license suspension.
[Ord. 4, 11/10/1980]
1. 
Severability. The provisions of this Part shall be severable, and if any of the provisions or sections shall be declared unconstitutional or invalid by a court of competent jurisdiction, the decision of such court shall not affect the validity of the remaining provisions or sections of this Part. It is hereby declared to be the legislative intent that this Part would have been adopted if such illegal or unconstitutional provisions had not been included herein.
2. 
Violations and Penalties. Any person who shall violate any of the provisions of this Part shall be guilty of a summary offense and, upon conviction thereof, be fined not more than $100 and costs of prosecution for each offense, or in default of the payment of such fine and costs, undergo imprisonment for not more than 30 days, provided that each day's violation of any provision of this Part shall constitute a separate offense.