This chapter is intended to regulate the operation of transient
retail business within East Petersburg Borough, including peddlers,
door-to-door salespersons, solicitors, canvassers, and other transient
retail or wholesale businesses by imposing certain time, place, and
manner regulations and establishing license fees to ensure the health,
safety, and welfare of East Petersburg Borough residents and guests.
The following words, when used in this chapter, shall have the
following meanings:
BOROUGH
The Borough of East Petersburg, Lancaster County, Pennsylvania.
LEGAL HOLIDAY
All holidays recognized and observed by East Petersburg Borough
that result in the Borough's Administrative Office being closed.
PEDDLER
Any person with no fixed place of business, who goes from
house to house, from place to place, or from street to street, by
any means, carrying or transporting goods, wares, or merchandise and
offering or exposing the same for sale, or making sales and deliveries
for purchase.
PERSON
Any natural person, partnership, association, corporation,
or other legal entity.
SOLICITOR
Any person who goes from house to house, from place to place,
or from street to street, soliciting or taking or attempting to take
orders for any goods, wares, or merchandise, including but not limited
to books, periodicals, magazines, or personal property of any nature
whatsoever for future delivery, or services, including but not limited
to lawn care services, alarm system services, or cleaning services.
A solicitor is not a peddler.
TRANSIENT RETAIL BUSINESS
Any business conducted in East Petersburg Borough for the
sale of goods, wares, merchandise, or services whatsoever for a period
of less than 90 calendar days. Transient retail business includes
peddlers and solicitors, and any person engaged in transient retail
business from a fixed location on private property.
No person in any transient retail business shall:
A. Sell any product or type of product not mentioned in their license.
B. Hawk or cry his wares upon any of the streets, alleys, sidewalks
or other public grounds in the Borough.
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 or working in the immediate
vicinity.
D. Park any vehicle upon any of the streets or alleys in the Borough
for the purpose of cleaning any of his goods, wares, or merchandise
or of disposing of any carton, wrapping material or of any stock or
wares or food stuffs which have become unsaleable through handling,
age or otherwise.
E. Enter or attempt to enter any dwelling without the invitation or
permission of the occupant and shall immediately leave any premises
upon request of the occupant.
F. Permit any person to have possession of his or her license and shall
immediately report its loss to the Borough.
G. Represent his license to engage in transient retail business to be
an endorsement of himself or his goods and services or the goods and
services of his employer.
Transient retail businesses may not engage in any business activity,
except by prior appointment, at any time on a Sunday or legal holiday;
or at any time before 9:00 a.m. or after 6:00 p.m. on any day.
An authorized law enforcement officer or the Borough Manager
are hereby authorized to suspend or revoke any license issued under
this chapter when he or she deems such suspension or revocation to
be beneficial to the public health, safety, or morals, for violation
of any provision of this chapter, or for giving false information
upon any application for a license hereunder. No part of a license
fee shall be refunded to any person whose license shall have been
suspended or revoked. Any person whose license is suspended or revoked
shall immediately surrender his or her license to the Borough.
Any person, firm or corporation who shall violate any provision
of this chapter, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $400 and not more
than $600 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this chapter continues or each section of this chapter which shall
be found to have been violated shall constitute a separate offense.
All peddlers and solicitors, including nonprofit corporations
and agencies, shall hold harmless the Borough from any liability,
damage or injury which is causally related to an act of ordinary negligence,
gross negligence, reckless disregard, or willful misconduct on the
part of such peddler or solicitor.
All ordinances or parts of ordinances conflicting or inconsistent
herewith are hereby repealed. Specifically, this chapter shall repeal
and replace Ordinance No. 80 and Ordinance No. 298.
If any provision, sentence, clause, section or part of this
chapter is for any reason found to be unconstitutional, illegal or
invalid by any court of competent jurisdiction, such unconstitutionality,
illegality or invalidity shall not affect or impair the validity of
any of the remaining provisions, sentences, clauses, sections or parts
of this chapter. It is hereby declared to be the intent of the Borough
Council that this chapter would have been adopted had such unconstitutional,
illegal or invalid sentence, clause, section or part thereof not been
included herein.
This chapter shall be effective immediately upon enactment by
Borough Council as provided by law.