[Adopted 9-25-1996 by Ord. No. 96-157]
Upon receipt of such application and the prescribed fee, and
upon receipt of approval of application from the Township Code Enforcement
Officer, the Secretary or designated agent shall issue the license
required under this article. Such license shall contain the information
and photograph required to be given on the application therefor. Every
license holder shall carry such license at all times upon his person
if engaged in transient retail business from house-to-house. He shall
exhibit such license, upon request, to all police officers, municipal
officials, and citizens or residents of Harborcreek Township. All
fees shall be nonrefundable. No transient merchant shall engage in
any agreement for product or service not specified on his license
application.
The Secretary or Code Enforcement Officer shall supervise the
activities of all persons holding licenses under this article. He
shall make a report thereof each month to the Board of Supervisors.
The Secretary or Code Enforcement Officer is hereby authorized
to deny, suspend or revoke any license issued under this article when
he or she deems such denial, suspension or revocation to be beneficial
to the public health, safety, or morals, or for violation of any provision
of this article, or for giving false information upon any application
for a license hereunder. Appeals from any suspension revocation or
denial of a license may be made to the Board of Supervisors at any
time within 10 days after such suspension, revocation or denial and
a hearing shall be held within 30 days of the petition for appeal.
No part of a license fee shall be refunded to any person whose license
shall have been suspended or revoked.
[Amended 6-18-1997 by Ord. No. 96-157-1]
A. Any person who violates or permits a violation of this article shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not less than $200 nor more than $600, plus all court costs,
including reasonable attorneys' fees, incurred by the Township in
the enforcement of this chapter. If the defendant neither pays nor
timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day a violation
exists shall constitute a separate offense. Further, the appropriate
officers or agents of the Township are hereby authorized to seek equitable
relief, including injunction, to enforce compliance herewith.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B. In addition, Harborcreek Township may institute injunctive, mandamus
or other appropriate action or proceeding at law or in equity for
the enforcement of this article. Any court of competent jurisdiction
shall have the right to issue restraining orders, temporary or permanent
injunctions, mandamus, or other appropriate forms of remedy or relief.
C. If Harborcreek Township prosecutes this action through its Solicitor
or other retained counsel, attorneys' fees will also be assessed and
recoverable in an amount representing the reasonable cost of attorneys'
fees for prosecuting the claim.
D. The Township of Harborcreek shall empower whatever police agency
they may choose to enforce the provisions of this article. Including
among the available police agencies are the Pennsylvania State Police,
Harborcreek Township Code Enforcement Officers, or any other police
force which Harborcreek Township contracts with to perform local ordinance
enforcement.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed. The following ordinances or parts thereof
are specifically repealed: Ordinance No. 81-85 entitled: "an ordinance
providing for the registration of any person soliciting funds or door-to-door
peddling, in Harborcreek Township, Erie County, Pennsylvania, providing
for the enforcement thereof and penalties for its violation."
If any sentence, clause, section, or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this article. It is hereby declared as the intent of the
Board of Supervisors that this article would have been adopted had
such unconstitutional, illegal or invalid sentence, clause, section
or part thereof not been included herein.
This article shall become effective this 25th day of September
1996.