[Adopted 12-16-1991 by Ord. No. 463]
When used in this article, the following terms shall have the
following meanings:
CHARITABLE ORGANIZATION
An organization which has been granted an exemption by the
United States Internal Revenue Service under Section 501(c) or Section
509(a) of the Internal Revenue Code.
PARKING LOT
Any place maintained for the outdoor parking of cars, excepting
on a street, alley, or other public place, where such parking is permitted
upon payment of compensation or is made available solely to patrons
or customers of any place of business.
SOLICITOR
Includes any person:
A.
Who goes from private house to house conveying or transporting
goods, wares or merchandise or offering or exposing the same for sale
or making sales or delivering articles, goods, wares or merchandise
to purchasers;
B.
Who goes from private house to house, soliciting or attempting
to take orders from individuals for sale of goods, wares or merchandise,
including magazines, books, periodicals or personal property of any
nature whatsoever, for future delivery, or for service to be performed
at that time or in the future, whether or not such individual has,
carries or exposes for sale a sample of the subject of such order
or whether or not he is collecting advance payments on such orders;
C.
Who goes from private house to private house, business to business
or parking lot to parking lot, disseminating any written information
for themselves or for any organization for any purpose, soliciting
donations or moneys for themselves or for any organization for any
purpose, whether or not anything of value is given in return.
TRANSIENT MERCHANT
Includes any person who temporarily and for a short time
hires, rents or obtains a definite place of business, whether a storeroom,
outdoor market stand, motel room, or a private residence for the sale
of goods, wares, merchandise, fresh fruit or produce to offer or expose
the same for sale or for future delivery and sale. ("Temporarily"
and "short time" shall be construed as three months or less.)
The terms of this article shall not be held to include the acts
of merchants or their employees or agents in delivering goods or services
in the regular course of business, nor shall it apply to any manufacturer
or producer in the sale of bread and bakery products, meat and meat
products, or milk and milk products.
It shall be unlawful for any solicitor or transient merchant, as defined in §
390-1 of this article, to engage in any such business within the Borough of Blawnox without first obtaining a license therefor in compliance with the provisions of this article.
Solicitors for charitable organizations shall comply with the
provisions of this article, but no application or license fee shall
be charged.
Licensee shall exhibit their license at the request of any resident
or police officer.
Any person aggrieved by the action of the Chief of Police or his designee in the denial of application approval as provided in §
390-5 of this article, or in the action of the revocation provided in §
390-10 of this article, shall have the right to appeal within five days thereafter to the Borough Manager and then, if unresolved, by filing written notice of appeal for hearing by the Borough Council at its next meeting. Upon such appeal, the Borough Council may reverse, affirm or modify in any regard the determination of the Borough of Blawnox.
All permits expire on the date specified in the permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Allegheny County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The provisions of this article are declared to be severable,
and, if any section, sentence, clause or phrase of this article shall
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this article, but they shall stand notwithstanding
the invalidity of any part.
All ordinances or parts of ordinances conflicting with the provisions
of this article are hereby repealed to the extent of such conflict.