[Adopted 7-16-1973 by Ord. No. 43]
Every person desiring a license under this article
shall first make application to the Secretary of the Board of Supervisors
of Washington Township, Franklin County, Pennsylvania, for such license.
Every such person required to obtain a license from any federal, state
or county officer, shall, when making application, exhibit a validated
license from said federal, state or county officer. The applicant
shall give his name and address; his previous criminal record, if
any; the name and address of the persons by whom he is employed; the
type of goods or materials and merchandise he wishes to deal in such
retail transient 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 by him, if any.
Upon receipt of such application and the prescribed
fee, the Secretary of the Board of Supervisors of Washington Township,
Franklin County, Pennsylvania, if he shall find such application in
order, shall file such application with the Board of Supervisors of
Washington Township, Franklin County, Pennsylvania, and 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 the license upon his person when engaging
in transient retail business from house to house or upon the streets,
roads, alleys and public grounds, or he shall display such license
at the location where he shall engage in such business if doing so
at a fixed location. He shall exhibit his license request to all police
officers, Township officers or citizens or residents of the Township
of Washington, Franklin County, Pennsylvania.
No person engaging in transient retail business
shall:
A. Sell any products or type of products not mentioned
in his license.
B. Hawk or cry his wares, goods, materials and merchandise
on any of the streets, roads, alleys, sidewalks or public grounds
of the Township of Washington, Franklin County, Pennsylvania.
C. When selling from a vehicle, stop or park the vehicle
upon any of the streets, roads, alleys or public grounds of the Township
of Washington, Franklin County, Pennsylvania, for longer than necessary
to sell therefrom or to work the immediate vicinity.
D. Park any vehicle upon any of the streets, roads, alleys
or public grounds of the Township of Washington, Franklin County,
Pennsylvania, for the purpose of sorting, rearranging or cleaning
any of his goods, wares, materials or merchandise, or disposing of
any cartons, wrapping paper or any food stuff which have become unsellable
from handling, age or otherwise.
E. Engage in such business at any time on Sunday, or
on any other day of the week before 9:00 a.m. and after 7:00 p.m.,
prevailing time, unless from a fixed location, in which case the time
shall be from 9:00 a.m. until 9:00 p.m., prevailing time. Hours may
be extended upon receipt of special written permission from the Board
of Supervisors of Washington Township, Franklin County, Pennsylvania.
The Secretary of the Board of Supervisors of
Washington Township, Franklin County, Pennsylvania, shall supervise
the activities of all persons holding licenses under this article
and shall keep a record of all licenses issued and shall also make
a report monthly to the Board of Supervisors of Washington Township,
Franklin County, Pennsylvania, of the licenses issued.
The Chief of Police of Washington Township,
Franklin County, Pennsylvania, is hereby authorized to suspend any
license issued under this article when he deems the suspension to
be in the best interest, safety and morals of the residents of the
Township of Washington, Franklin County, Pennsylvania, or for violation
of any provisions of this article, or for giving false or incomplete
information upon any application for a license hereunder. Appeals
from any suspension may be made to the Board of Supervisors of Washington
Township, Franklin County, Pennsylvania at any time within 10 days
after the suspension of the license. No part of the license fee shall
be refunded to a person whose license shall have been suspended.
[Amended 9-15-1997 by Ord. No. 141]
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge 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 costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense. The minimum fine to be imposed
is $50 per day or portion thereof for a first offense; $100 per day
or portion thereof for a second offense and $500 per day or portion
thereof for each subsequent offense. The Magisterial District Judge
may impose a fine of more than the minimum amounts set forth above.