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.
[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.
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]
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.