[HISTORY: Adopted by the Borough Council of the Borough of
Clearfield 6-21-1962 by Ord. No.
871 (Ch. 38 of the 1966 Code). Amendments noted
where applicable.]
A.
PEDDLER
PEDDLING
(1)
(2)
(3)
PERSON
As used in this chapter, the following terms shall have the meanings
indicated:
Any person who shall engage in peddling as hereinabove described.
Engaging in peddling, canvassing, soliciting or taking orders,
either by sample or otherwise, for any goods, wares or merchandise,
upon any of the streets or sidewalks or from house to house within
the Borough of Clearfield. Provided: the word "peddling" shall not
apply:
To farmers selling their own produce.
To the sale of goods, wares and merchandise the proceeds whereof
are to be applied to any recognized charitable or philanthropic purpose.
To any manufacturer or producer in the sale of bread and bakery
products, meat and meat products or milk and milk products except
ice cream.
Any natural person, association, partnership, firm or corporation.
B.
In this chapter the singular shall include the plural and the masculine
shall include the feminine and neuter.
No person shall engage in peddling in the Borough of Clearfield
without first having taken out a license as herein provided.
Every person desiring to engage in peddling in the Borough of
Clearfield shall first make application to the Mayor for a license.
If such person shall also be required to obtain a license from any
county officer, he shall, when making such application, exhibit a
valid county license. Upon such application, such person shall give
his name; address; previous criminal record, if any; the name of the
person for whom he works, if any; the time for which he wishes to
be licensed; the type and license number of the vehicle he uses, if
any; and the number of helpers he has, provided that, 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 an individual license shall be required for each helper. No license
issued under this chapter shall be transferable from one person to
another.
[Amended 7-15-1982 by Ord. No. 1115]
No license shall be issued under this chapter until the proper
fees, as follows, shall be paid to the Mayor, which shall be for the
use of the Borough: the sum of $25 per peddler and $5 for each assistant
or helper for a period of 30 consecutive days.
Upon making application therefor and paying the proper fee as
herein specified, a license shall be issued to each peddler. Such
license shall contain the information required to be given upon the
application therefor. Each peddler shall at all times when engaged
in peddling in the Borough carry such license upon his person and
shall exhibit such license, upon request, to all police officers,
Borough officials and citizens. No peddler shall engage in selling
any product not mentioned upon such license nor shall any person having
a foot-peddler's license operate from or with any horse-drawn or motor
vehicle, except as a helper to a person holding a valid license to
operate from a horse-drawn or motor vehicle.
No person licensed as a peddler under this chapter shall engage
in peddling before 9:00 a.m. or after 10:00 p.m. on any weekday or
before 1:00 p.m. or after 10:00 p.m. on Sunday.
No person licensed as a peddler under this chapter shall hawk
or cry his wares upon any of the streets or sidewalks of the Borough
nor shall be use any loudspeaker or horn or any device for announcing
his presence by which the public is annoyed.
No person licensed as a peddler under this chapter shall park
any vehicle upon any of the streets or alleys of the Borough in order
to sort, rearrange or clean any of his goods, wares or merchandise;
nor may any such person place or deposit any refuse upon any of such
streets or alleys; nor may any such person maintain or keep a street
or curbstone market by parking any vehicle upon any street or alley
in the Borough for longer than necessary in order to sell therefrom
to persons residing in the immediate vicinity.
No person licensed as a peddler under this chapter shall occupy
any fixed location upon any of the streets, alleys or sidewalks of
the Borough for the purpose of peddling, with or without any stand
or counter.
The Mayor shall keep a record of all licenses issued under this
chapter and the Chief of Police shall apply daily to the Mayor for
a list of licenses issued hereunder since the previous day. The Mayor
and the Chief of Police shall supervise the activities of all holders
of such licenses.
The Mayor of the Borough of Clearfield is hereby authorized
to suspend any license issued under this chapter when he deems such
suspension to be beneficial to the public health, safety or morals,
or for the violation of any of the provisions of this chapter or for
giving false information upon any application for a license hereunder.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction thereof, be sentenced to pay a fine of not
more than $50 and costs of prosecution and, in default of payment
thereof, to imprisonment for not more than 30 days.
The provisions of this chapter shall be severable, and if any
provision thereof shall be held to be unconstitutional, illegal or
invalid by any court of competent jurisdiction, such decision shall
not affect the validity of any of the remaining provisions of this
chapter. It is hereby declared as a legislative intent that this chapter
would have been enacted had such unconstitutional, illegal or invalid
provision not been included therein.
Ordinance No. 498 adopted August 7, 1939, and all other ordinances
or parts of ordinances inconsistent herewith are hereby repealed.
