Borough of Lake City, PA
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Lake City 3-13-1961 by Ord. No. 137; amended in its entirety 7-13-2009 by Ord. No. 388-09. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 43.

§ 37-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
PEDDLER
Any person, whether a resident of the Borough of Lake City or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance from place to place, house to house or street to street carrying, conveying or transporting goods, wares, merchandise, fish, vegetables, meat 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 further provided 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."
SOLICITOR or CANVASSER
Any person, whether a resident of the Borough of Lake City or not, traveling by foot, wagon, automobile, motor truck or other type of conveyance from place to place, person to person, house to house or 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, or any other kind of support, whether or not such individual has or 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 Borough of Lake City for the sole purpose of exhibiting samples and taking orders for future delivery, and further provided that such definition shall include any person who, without necessarily having the intention of making a direct sale, distributes literature, pamphlets, handbills, samples and the like for the purpose of information, advertising or for other purposes, such as the furtherance of public economic or social beliefs, doctrines, systems or projects.
TRANSIENT MERCHANT or ITINERANT VENDOR
Any person, whether as an owner, agent, consignee or employee, whether a resident of the Borough of Lake City or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the Borough of Lake City and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, room, apartment, shop or any other place within the Borough of Lake City 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 complying 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.

§ 37-2 Rules and regulations.

A. 
Visitation to properties shall occur between the hours of 8:00 a.m. and 8:00 p.m. only.
B. 
Visitation to properties upon which a sign or decal is posted with the words "No Solicitation" or words of similar import is prohibited.
C. 
Solicitation within the public right-of-way or upon any roadway in the Borough is prohibited.
D. 
No solicitor shall deposit any item on a property without the consent of the property owner.
E. 
No solicitor shall deposit any item in or upon a mailbox or attach any item to a post or structure to which a mailbox is connected or otherwise supported.
F. 
No solicitor shall engage in abusive solicitation activities, which include one or more of the following actions:
(1) 
Blocking or impeding the passage of the person solicited;
(2) 
Repeating the solicitation after the person solicited has indicated refusal of the offer;
(3) 
Following the person solicited after he/she has indicated refusal of the offer;
(4) 
Threatening the person solicited with physical harm, either by word or by gesture;
(5) 
Abusing the person solicited with words deemed offensive and inherently likely to provoke an immediate and violent reaction;
(6) 
Touching the person solicited without his/her consent; and
(7) 
Any activity deemed to threaten the well-being or the property of the person solicited.

§ 37-3 Violations and penalties.

Any person in violation of any of the provisions of this chapter shall, upon conviction thereof, be fined not more than $500 and costs of prosecution and, in default of payment of such fine and costs, be sentenced to imprisonment for not more than 30 days.