[HISTORY: Adopted by the Board of Supervisors of the Township of
Pine 5-7-1984 by Ord. No. 134. Amendments
noted where applicable.]
[Amended 11-4-2002 by Ord. No. 306]
It is the purpose of this chapter to regulate peddlers, solicitors and
canvassers, transient merchants and itinerant vendors who come to the Township
of Pine to sell or attempt to sell, to take orders or attempt to take orders
or to solicit contributions, pledges or subscriptions, such regulation being
in the interest of and for the protection of residents of the Township of
Pine and in furtherance of the prevention of crime and fraud and to facilitate
the privacy of the residents of the Township of Pine and further requiring
license fees to offset the cost of regulation and administration of this chapter.
It shall be unlawful for any person to engage in the business of peddler, solicitor, canvasser, transient merchant or itinerant vendor as defined in § 120-3 of this chapter within the Township of Pine without first obtaining a license therefor as provided in chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
See "solicitor."
The Chief of Police of the Pine Marshall — Bradfordwoods Police
Department or its successor.
The Clerk of the Pine — Marshall Bradfordwoods Police Department
or its successor.
The Pine - Marshall — Bradfordwoods Police Department or its
successor.
See "transient merchant."
Any person, whether a resident of the Township of Pine or not, traveling
by foot, wagon, automotive vehicle or any other type of conveyance from place
to place, from house to house or from street to street, carrying, conveying
or transporting goods, wares, merchandise, fish, vegetables meats or fruits,
offering and exposing the same for sale or making sales and delivering articles
to purchasers or who, without traveling from place to place, shall sell or
offer the same for sale from a wagon, automotive vehicle, railroad car or
other vehicle or conveyance; and provided, further, that one who solicits
orders and as a separate transaction makes delivery to purchasers as part
of a scheme or design to evade the provisions of this chapter shall be deemed
a "peddler," subject to the provisions of this chapter. The word "peddler"
shall include "hawker" and "huckster."
Any person, whether a resident of the Township of Pine or not, traveling
by foot, wagon, automobile, motor truck or any other type of conveyance from
place to place, person to person, house to house or from street to street,
taking or attempting to take orders for the sale of goods, wares and merchandise
or personal property of any nature whatsoever for future delivery or for services
to be furnished or performed in the future or for subscriptions, contributions
of any other kind of support, whether or not such individual has, carries
or exposes for sale a sample of the subject of such sale or whether such person
is collecting advance payments on such sale or not, provided that such definition
shall include any person who, for himself or for another person, firm or corporation,
hires, leases, uses or occupies any building, structure, room, apartment,
shop or any other place within the Township of Pine for the sole purpose of
exhibiting samples and taking orders for future delivery.
[Amended 11-4-2002 by Ord. No. 306]
Any person, whether as an owner, agent, consignee or employee, whether
a resident of the Township of Pine or not, who engages in a temporary business
of selling and delivering goods, wares and merchandise within the Township
of Pine, and who, in furtherance of such purpose, hires, leases, uses or occupies
any building, structure, room, apartment shop or any other place within the
Township of Pine for the exhibition and sale of such goods, wares or merchandise,
either privately or at public auction. The person so engaged shall not be
relieved from compliance with the provisions of this chapter merely by reason
of associating temporarily with any local dealer, trader, merchant or auctioneer
or by conducting such transient business in connection with, as a part of
or in the name of, any local dealer, trader, merchant or auctioneer.
The terms of this chapter, as defined in § 120-3, shall not be held to include the acts of persons selling personal property at wholesale to dealers in such articles, nor to newspaper persons, nor to the acts of merchants or their employees in delivering goods in the regular course of business, nor shall the terms of this chapter be held to include or apply to any farmer or truck gardener who shall vend, sell or dispose of the products of the farm or garden occupied and cultivated by him from premises occupied by him; nor shall it apply to any manufacturer or producer in the sale of bread and bakery products or milk and milk products. Nothing contained in this chapter shall be held to prohibit any sale required by statute or by order of any court or to prevent any person conducting a bona fide auction sale pursuant to law.
A.
Applicants for a license under this chapter must file
with the Clerk a sworn application in writing on a form to be famished, which
shall give the following information:
(1)
The name and physical description of the applicant.
(2)
The complete permanent home and full local address of
the applicant and, in the case of transient merchants and itinerant vendors,
the local address from which proposed sales will be made.
(3)
A brief description of the nature of the business and
the goods to be sold.
(4)
If employed, the name and address of the employer, the
name and address of the employee's immediate supervisor, together with credentials
establishing the exact employment relationship.
(5)
The length of time for which the right to do business
is desired.
(6)
If a vehicle is to be used, a description of the same,
together with the license number or other means of identification.
(7)
The source of supply of the goods or property proposed
to be sold or orders taken for the sale thereof and the proposed method of
delivery.
(8)
A recent photograph of the applicant which shall be approximately
two inches by two inches, showing the head and shoulders of the applicant
in a clear and distinguishing manner.
(9)
A statement as to whether or not the applicant has been
convicted of any crime or violation of any municipal ordinance, the nature
of the offense and the punishment or penalty assessed therefor.
A.
Upon receipt of such application, the original shall
be referred to the Chief of Police, who shall cause such investigation of
the applicant's business and moral character to be made as he deems necessary
for the protection of the public good.
B.
If, as a result of such investigation, the applicant's
character or business responsibility is found to be unsatisfactory, the Chief
of Police shall endorse on such application his disapproval and his reasons
therefor and return said application to the Clerk, who shall notify the applicant
of the disapproval and that no license will be issued.
C.
If, as a result of such investigation, the character
and business responsibility of the applicant are found to be satisfactory,
the Chief of Police shall endorse on such application his approval and return
said application to the Clerk, who shall, upon payment of the prescribed fee,
execute and deliver to the applicant a license for the carrying on of the
business applied for.
D.
Such license shall contain the signature of the Clerk
and shall show the name, address and photograph of said licensee, the class
of license issued and the kind of goods to be sold thereunder, the amount
of fee paid, the date of issuance and the length of time the same shall be
operative, as well as the license number and other identifying description
of any vehicle to be used.
E.
The Clerk shall keep a permanent record of all licenses
issued and those rejected.
[Amended 11-15-1999 by Ord. No. 277; 11-4-2002
by Ord. No. 306]
Any religious, charitable, patriotic, political, philanthropic, public interest or community service organization, society, association or corporation, not desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item or literature, various types of tokens or merchandise for which a fee is charged or solicited from persons other than members of such organization, upon the streets, in office buildings, by house-to-house canvas or in public places for a religious, charitable, patriotic, political, philanthropic, public interest or community purpose shall be exempt from the provisions of §§ 120-1, 120-3, and 120-7 of this chapter. Exempt organizations shall be precluded from soliciting after sunset.
A.
Every applicant for a license under the provisions of
this chapter for the business of peddling, canvassing or soliciting shall
pay the following fees:
[Amended 12-21-1988 by Ord. No. 173; 11-15-1999
by Ord. No. 277]
B.
Every applicant to whom a license is granted under this chapter to engage in the business of transient merchant or itinerant vendor shall pay a fee as indicated in Ch. A144, Fees.
[Amended 12-21-1988 by Ord. No. 173]
C.
None of the license fees provided for by this chapter
shall be so applied as to occasion any undue burden upon interstate commerce.
In any case, where a license fee is believed by a licensee or applicant for
a license to place an undue burden upon such commerce, he may apply to the
governing body of the Township of Pine for an adjustment of the fee so that
it shall not be discriminatory or unreasonable or unfair as to such commerce.
No licensee, nor any person in his behalf, shall shout, cry out, blow
a horn, ring a bell or use any sound or amplifying device upon any of the
streets, alleys, parks or other public places of Pine Township or upon private
premises where sound of sufficient volume is emitted or produced therefrom
to be capable of being plainly heard upon the streets, avenues, alleys, parks
or other public places, for the purpose of attracting attention to any goods,
wares or merchandise which such licensee proposes to sell.
No license issued under the provisions of this chapter shall be used
at any time by any person other than the one to whom it was issued.
A.
No licensee shall have the exclusive right to any location
in the public streets or sidewalks, nor shall any be permitted a stationary
location thereon, nor shall any licensee be permitted to operate in a congested
area where such operations might impede or inconvenience the public use of
such streets or sidewalks.
B.
Licensees shall be prohibited from operating before 9:00
a.m. or after 9:00 p.m., on Monday through Sunday, prevailing time.
[Amended 3-5-2007 by Ord. No. 337]
C.
No licensee shall engage in the business of peddling,
soliciting or canvassing upon any premises displaying a sign prohibiting such
activity.
D.
No person, whether or not required to obtain a license
under the provisions of this chapter, shall peddle, canvass or solicit within
the Township of Pine without first obtaining from the Chief of Police or the
Clerk, as the case may be, a list of all residences and dwelling units within
the Township of Pine where the owner/occupant of the residence or dwelling
unit has provided written notification that they do not desire to be visited
on such premises at any time by any person performing any peddling, canvassing
or soliciting activity. No person shall peddle, canvass or solicit at any
residence or dwelling unit designated on such list. Any such written notice
from an owner/occupant to the Township of Pine may be revoked, in writing,
at any time by such owner/occupant. The Chief of Police or the Clerk, as the
case may be, shall maintain the aforementioned list and update it in its entirety
no less often than twice per year. In the event that the identity of an owner/occupant
changes, any written notification of the prior owner/occupant shall not be
applicable, and the new owner/occupant shall need to provide written notification
of their desire to be designated on such list.
[Added 11-15-1999 by Ord. No. 277]
(1)
The peddler, canvasser or solicitor shall pay to the
Township of Pine its standard copying charge, as otherwise required by the
provisions of the Code of the Township of Pine, for the cost of copying and
providing the aforementioned list.
(2)
Any peddler, canvasser or solicitor who shall violate the provisions of this Subsection D of § 120-11 regarding nonvisitation to certain residences or dwelling units as designated on the aforementioned list may have his/her license immediately suspended by the Chief of Police pending proceedings for the revocation of same pursuant to § 120-14 of the Code of the Township of Pine.
A.
Exhibition of license to citizens. It shall be the duty
of any peddler, solicitor, canvasser, transient merchant or itinerant vendor
to produce his license upon request of any resident of the Township of Pine
with whom he does or proposes to do business.
B.
Exhibition of license to police. It shall be the duty
of any peddler, solicitor, canvasser, transient merchant or itinerant vendor
to produce his license upon request of any police officer of the Department.
The Clerk shall maintain a record for each license issued and a record
of the reports of violations.
A.
Licenses issued under the provisions of this chapter
may be revoked by the Chief of Police after notice and hearing for any of
the following causes.
(1)
Fraud, misrepresentation or false statement contained
in the application for license;
(2)
Fraud, misrepresentation or false statement made in the
course of carrying on his business as solicitor, peddler, canvasser or transient
merchant or itinerant vendor;
(3)
Any violation of this chapter;
(4)
Conviction of any crime involving moral turpitude; or
(5)
Conducting his business in an unlawful manner or in such
a manner as to constitute a menace to the health, safety or general welfare
of the general public.
B.
Notice of the hearing for revocation of a license shall
be given in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be transmitted by certified
mail, postage prepaid, to the licensee at his last known address, at least
seven days prior to the date set for hearing.
Any person aggrieved by the action of the Clerk in the denial of a license as provided in § 120-6 of this chapter or in the revocation of a license as provided in § 120-14 shall have a right to appeal to the governing body of the Township of Pine. Such appeal shall be taken by filing with the governing body of the Township of Pine within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth the grounds for the appeal. The governing body of the Township of Pine shall set a time and place for hearing on such appeal, and notice of such hearing shall be given to the person aggrieved in the same manner as provided in § 120-14 of this chapter for notice of hearing on revocation.
All licenses issued under the provisions of this chapter shall expire
on the date specified in the license.
[Amended 12-21-1988 by Ord. No. 173]
Any person, firm or corporation that shall violate any of the provisions
of this chapter, shall, upon conviction thereof, be punished by fine for each
and every separate offense a sum of not less than $100 nor more than $300
to be sued for and recovered as other fines and penalties are now by law recoverable.
Each day any person, firm or corporation engages in the business of a peddler,
solicitor, canvasser, transient merchant or itinerant vendor in violation
of this chapter shall constitute a separate offense.
