[Adopted 1-20-1976 by Ord. No. 24 (Ch. XIII, Part 4, of the
1976 Code of Ordinances); amended in its entirety 11-2-2020 by Ord. No. 2020-003]
Every person desiring a license under this article shall first
make application to the Borough Secretary-Treasurer for such license.
If such person shall also be required to obtain a license from any
state or county officer, he shall, when making such application, exhibit
a valid license from such state or county officer. The applicant shall
give his name and address; his criminal record, if any; the name and
address of the person by whom he is employed; the type of goods, wares
and merchandise he wishes to deal with in such transient retail business;
the length of time for which such license is to be issued; and the
type and license number of the vehicle to be used, if any.
Upon receipt of such application and the prescribed fee, the
Borough Secretary-Treasurer, if he shall find such application in
order, shall issue the license required under this article. Such license
shall contain the information required to be given on the application
therefor. Every license holder shall carry such license upon his person,
if engaged in a transient retail business from house to house or upon
any of the streets, alleys, sidewalks or public grounds, or shall
display such license at the location where he shall engage in such
business if doing so at a fixed location. He shall exhibit such license,
upon request, to all police officers, Borough officials, and citizens
or residents of the Borough.
No person engaged in any transient retail business shall:
A. Sell any product or type of product not mentioned in his license;
B. Shout, cry out, blow a horn, ring a bell, or use any sound or amplifying
device upon any of the streets, alleys, or other public places in
the Borough of Burgettstown, or upon private premises where sound
or sufficient volume is emitted or produced therefrom to be capable
of being plainly heard upon the streets, avenues, alleys, parks, or
other public places, for the purpose of attracting attention to any
goods, wares or merchandise which such licensee proposes to sell.
This section shall not apply to vehicles such as ice cream trucks
which are equipped with musical alerts as long as the volume does
not violate the provisions of this section;
C. When operating from a vehicle, stop or park such vehicle upon any
of the streets or alleys in the Borough for longer than necessary
in order to sell therefrom to persons residing in the immediate vicinity;
D. Park any vehicle upon any of the streets or alleys in the Borough
for the purpose of sorting, rearranging or cleaning any of his goods,
wares or merchandise or of disposing of any carton, wrapping material
or of any stock or wares or foodstuffs which have become unsalable
through handling, age or otherwise;
E. Engage in any business activity prohibited in the Borough by general
or special law applicable thereto;
F. Engage in any house-to-house activity, except by prior appointment,
at any time on a Sunday or legal holiday or at any time other than
between the hours of 10:00 a.m. and 6:00 p.m., prevailing time, on
any day of the week other than a Sunday or legal holiday.
No licensee shall have any exclusive right to any location in
the public streets, nor shall any be permitted a stationary location
thereon, nor shall any be permitted to operate in a congested area
where such operation might impede or inconvenience the public use
of such streets or sidewalks.
The Borough Secretary-Treasurer shall supervise the activities
of all persons holding licenses under this article. He shall keep
a record of all licenses issued hereunder and shall make a report
thereof each month to the Borough Council.
The Code Enforcement Officer is hereby authorized to suspend
or revoke any license issued under this article when he deems such
suspension or revocation to be beneficial to the public health, safety
or morals, or for violation of any of the provisions of this article,
or for giving false information upon any application for a license
hereunder. Appeals from any suspension or revocation may be made to
the Borough Council at any time within 10 days after such suspension
or revocation. No part of a license fee shall be refunded to any person
whose license shall have been suspended or revoked.
Any person who violates or permits a violation of this article
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys' fees incurred by
the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a 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 Washington County.