[HISTORY: Adopted by the Board of Supervisors of the Township of Mahoning 6-26-1967. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 207.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
PEDDLER
Any person who shall engage in peddling, as herein defined.
PEDDLING
Engaging in peddling, canvassing, soliciting or taking of 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 Township of Mahoning; provided that the word "peddling" shall not apply: 1) to farmers selling their own produce, 2) to the sale of goods, wares and merchandise, donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose, or 3) to any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk or milk products.
PERSON
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 the neuter.
No person shall engage in peddling in the Township of Mahoning without first having taken out a license as herein provided.
Every person desiring to engage in peddling in the Township of Mahoning shall first make application to the Township Secretary for a license. Upon such application, such person shall give his name; address; his previous criminal record, if any; the name of the person for whom he works, if any; the type of goods, wares and merchandise he wishes to peddle; the length of time for which he wishes to be licensed; the type of 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. No license issued under this chapter shall be transferable from one person to another.
[Amended 12-11-1972; 2-13-1995; 8-20-2007]
A. 
No license shall be issued under this chapter until the proper fee, which shall be as set in accordance with the fee schedule established from time to time by the Board of Supervisors, shall be paid to the Township Secretary or Police Department, for the following, which fee shall be for the use of the Township:
(1) 
Foot peddler or peddler operating from a motor vehicle: initial fee.
(2) 
For each and every additional peddler there will be an additional charge.[1]
[1]
Editor’s Note: Former Subsection B, regarding refunds for the return of photo ID cards, which immediately followed this subsection, was repealed 6-20-2011.
[Amended 2-13-1995]
A. 
Each peddler will be photographed and the photograph will be attached and laminated on a solicitation license with a second photograph to be retained on the duplicate copy by the Police Department. Criminal records and history checks will be performed by the Police Department prior to the issuance of any permits.
B. 
Such license shall contain the information required to be given upon the application therefor. Every peddler shall, at all times when engaged in peddling in the Township, carry such license upon his person, and shall exhibit such license, upon request, to all police officers, Township 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 motor vehicle. Said licenses shall be valid for a period of one year from the date of issuance unless revoked by the Mahoning Township Police Department.
[Amended 8-20-2007]
No person licensed as a peddler under this chapter shall engage in peddling at any time on Sunday, or upon any other day of the week before 9:00 a.m. or after 8:00 p.m., prevailing time.
No person, licensed as a peddler under this chapter shall hawk or cry his wares upon any of the streets or sidewalks of the Township, nor shall he use any loudspeaker or horn or any other device for announcing his presence by which the public is annoyed.
No person licensed as a peddler under this chapter shall occupy any fixed location upon any of the streets, alleys or sidewalks of the Township for the purpose of peddling, with or without any stand or counter.[1]
[1]
Editor's Note: Original Section 9, re: recordkeeping and supervision of licensees, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Township Secretary 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 violation of any of the provisions of this chapter, or for giving false information upon any application for a license hereunder.
[Amended 2-13-1995[1]]
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not less than $50 nor more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice. 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).