City of Monessen, PA
Westmoreland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Monessen 9-9-1981 by Ord. No. 8-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 340.
Zoning — See Ch. 375.

§ 281-1 Definitions; applicability.

A. 
As used in this chapter, the following words and terms shall have the meanings hereby ascribed thereto, as follows:
PEDDLER
Any person engaging in peddling within the City of Monessen.
PEDDLING
Engaging in selling any goods, wares or merchandise, for immediate delivery, upon any of the streets or sidewalks or from house to house within the City of Monessen.
PERSON
Includes any natural person, partnership, association, firm or corporation.
SOLICITING and CANVASSING
The taking of orders for goods, wares or merchandise, including but not limited to subscriptions for magazines or other printed matter and the obtaining of contracts for home and building devices, repairs and improvements and other services, upon any of the streets or sidewalks or from house to house within the City of Monessen, by any person without a permanent place of business in the City of Monessen.
SOLICITOR or CANVASSER
Any person engaging in soliciting and canvassing within the City of Monessen.
TRANSIENT PHOTOGRAPHER
Any peddler, solicitor or canvasser or transient retail merchant engaging in photography or the taking of orders for photographs within the City of Monessen.
TRANSIENT RETAIL MERCHANT
Any person, whether principal or agent, who shall hire, lease or occupy any store room, building, vacant lot or other premises in the City of Monessen, for a period of less than six months for the sale or taking of orders for of any goods, wares or merchandise.
B. 
In this chapter, the singular shall include the plural and the masculine shall include the feminine and the neuter.
C. 
Nothing in this chapter shall be construed to 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 and bakery products, meat and meat products or milk and milk products.

§ 281-2 Licenses required: fee.

[Amended 2-18-1998 by Ord. No. 4-1998]
A. 
No person shall engage in peddling, soliciting or canvassing and no person shall act as a transient retail merchant or transient photographer in the City of Monessen without first having obtained a license from the City Clerk. No such license shall be issued until the fee herein prescribed, which shall be for the use of the city, shall have been paid, as follows:
(1) 
Peddlers. The fee shall be for one day, for one week, for one month, and for one year as set from time to time by resolution of the City Council. However, the annual fee shall first be set at the sum of $300.
[Amended 5-23-2007 by Ord. No. 2-2007]
(2) 
Solicitors and canvassers. The fee shall be for one day, for one week, for one month, and for one year as set from time to time by resolution of the City Council. However, the annual fee shall first be set at the sum of $300.
[Amended 5-23-2007 by Ord. No. 2-2007]
(3) 
Transient retail merchants. The fee shall be for one day, for one week, for one month, and for one year as set from time to time by resolution of the City Council. However, the annual fee shall first be set at the sum of $300.
[Amended 5-23-2007 by Ord. No. 2-2007]
(4) 
Transient photographers. Any transient photographer going upon the streets and sidewalks and from house to house shall be deemed a solicitor or canvasser and the license fee shall be the same as that prescribed in Subsection A(2) hereof for solicitors and canvassers. Any transient photographer who shall hire, lease or occupy any storeroom, building, vacant lot or other premises in the city shall be deemed a transient retail merchant, and the license fee shall be the same as that prescribed in Subsection A(3) hereof for transient retail merchants, but if any such transient photographer shall take orders for any photograph to be delivered after he shall have vacated such premises, he shall be deemed a solicitor or canvasser and the license fee shall be the same as that prescribed in Subsection A(2) hereof for solicitors and canvassers.
B. 
It shall be unlawful for any person who shall have obtained a license under this section to continue to engage in peddling, soliciting or canvassing or to act as a transient retail merchant or transient photographer, as the case may be, after the expiration of such license, without first having obtained an extended or new license and having paid the prescribed fee therefor, depending upon the period of time for which such license shall be desired.

§ 281-3 Application for license.

Any person desiring a license under this chapter shall apply, in advance of the need thereof, at the office of the City Clerk. Following receipt of such application, the City Clerk may cause an investigation to be made as a check upon the information presented upon the application, and the City Clerk need not issue the license until the completion of such investigation. Such waiting period, however, shall not in any case exceed five days.

§ 281-4 Certain retail merchants to file bond.

Whenever any person shall claim that he intends to become a permanent retail merchant in the city, who would otherwise be classified as a transient retail merchant, such person shall be permitted to engage in such business without payment of the license fee herein prescribed if he shall give bond to the city, in the sum of $2,000, such bond to be conditioned for the payment of such license fee in the event that such person fails to become a permanent retail merchant.

§ 281-5 Sale from fixed place on street or public grounds.

It shall be unlawful for any peddler, solicitor or canvasser or transient retail merchant to occupy any fixed place upon any of the streets or alleys, parks or other public places in the city for his activities, whether or not using a stand, without first obtaining special permission from the City Council. Such special permission may be granted or denied at the discretion of the Council and shall be granted only where the Council deems that a special need exists for the service of such peddler, solicitor or canvasser or transient retail merchant, at a specific location and at a particular time. Such special permission shall be granted conditionally and shall specify the location, the days and hours when it shall be in effect and the duration of such special permission. The holder of such special permission shall adhere strictly to the conditions under which the same was granted.

§ 281-6 Issuance of license: display or exhibit thereof.

Upon granting a license under this chapter, the City Clerk shall prepare and issue a license in duplicate, one copy to be retained in the files of the City Clerk, the other to be kept by the holder thereof either on his person or in the vehicle or premises used by him in the course of the activity authorized by such license. Every holder of a license under this chapter shall exhibit his copy of such license, upon request, to any officer, employee or citizen requesting to see the same.

§ 281-7 Regulations and restrictions.

[Amended 5-23-2007 by Ord. No. 2-2007]
No person licensed under this chapter as a peddler, solicitor or canvasser shall engage in any of the activities to which such license applies at any place within the City of Monessen at any time prior to 9:00 a.m.

§ 281-8 Violations and penalties.

[Amended 12-18-2002 by Ord. No. 8-2002]
Any person who shall violate or fail to comply with any of the provisions of this chapter shall, for every such violation or failure to comply, upon conviction thereof in a summary proceeding before any District Justice having jurisdiction of such offense, be sentenced to pay a fine of not more than $1,000 or to undergo imprisonment not exceeding 90 days, or both. Each day on which a violation or failure to comply with any of the provisions of this chapter shall occur, shall constitute a separate offense.