[HISTORY: Adopted by the Board of Supervisors of the Township of Forks 2-3-1972 by Ord. No. 102; amended in its entirety 8-4-2005 by Ord. No. 291. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Mass public assemblies — See Ch. 60.
Littering — See Ch. 112.
General nuisances — See Ch. 125, Art. I.
Parks and recreation areas — See Ch. 129.
This chapter shall be known and may be cited as "Peddling and Temporary Retail Sales License Ordinance."
A. 
The following words and phrases when used in this chapter shall have the meanings ascribed to them in this section unless the context clearly indicates a different meaning:
PEDDLER
Any person who shall engage in peddling, as herein defined.
PEDDLING
Engaging in a transient retail business, 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 Forks, provided that the word "peddling" shall not apply to farmers selling their own produce, 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 to any manufacturer or producer in the sale of bread, bakery products, meat, meat products, milk or milk products.
PERSON
Any natural person, association, partnership, copartnership, firm, corporation, or other legal business entity.
TEMPORARY RETAIL SALES
The offering of goods for sale to the public in a location that is not part of an approved permanent ongoing retail establishment.
ZONING OFFICER OR OTHER DESIGNATED TOWNSHIP EMPLOYEE
The person employed by the Board of Supervisors of the Township of Forks to occupy the position of Zoning Officer or other designated Township employee of Forks Township.
B. 
In this chapter, the singular shall include the plural and the masculine shall include the feminine and the neuter.
A. 
No person shall engage in peddling or temporary retail sales in the Township of Forks without first having procured a license as herein provided.
B. 
Temporary retail sales are also regulated by the Forks Township Zoning Ordinance. See Chapter 200, Zoning, of the Code of Forks Township.
Every person desiring to engage in peddling or temporary retail sales in the Township of Forks shall first make application to the Zoning Officer or other designated Township employee for a license. If such person shall also be required to obtain a license from any county officer, he must, when making such application, exhibit a valid county license. Upon such application, such person shall give his name, address, the name of the person for whom he works, if any, the type of goods, wares and merchandise to be sold, the length of time for which he wishes to be licensed, the type of vehicle he uses, if any, and the license number thereof. In the case of a peddling license, where a person makes application for himself alone 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. In the case of a temporary retail sales license, the applicant must also provide the address of the property on which the sales will occur. No license issued under this chapter shall be transferable from one person to another.
No license shall be issued under this chapter until an application has been made as above required and the proper fee paid to the Township of Forks, said fee schedule to be as set forth from time to time by resolution of the Board of Supervisors.
Upon making application therefor and paying the proper fee, as herein specified, a license shall be issued to every person engaged in peddling or temporary retail sales. Such license shall contain the information required to be given upon the application. When engaged in peddling or temporary retail sales in the Township, every such person shall at all times carry such license upon his person and shall exhibit such license, upon request, to all police officers, Township officials and citizens. No person shall engage in selling any product not mentioned upon such license.
No person licensed to engage in peddling or temporary retail sales under this chapter shall hawk or cry his wares upon any of the streets or sidewalks of the Township, nor shall be use any loudspeaker or horn or any other device for announcing his presence by which the public is unreasonably disturbed.
No person licensed as a peddler under this chapter shall park any vehicle upon any of the streets or alleys of the Township 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 Township 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 Township for the purpose of peddling, with or without any stand or counter.
The Zoning Officer or other designated Township employee shall maintain a record of all licenses issued under this chapter and shall supervise the activities of all holders of such licenses.
The Zoning Officer or other designated Township employee is hereby authorized to suspend any license issued under this chapter for 30 days where there is a violation of any of the provisions of this chapter or for giving false information upon any application for a license hereunder.
Any person who violates or permits violation of this chapter, upon being found liable therefor in a civil enforcement proceeding, shall pay a fine of not less than $400 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 and/or Court. 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.