[HISTORY: Adopted by the Board of Supervisors of the Township of Connoquenessing as indicated in article histories. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 237.
Article I Peddling
Article II Use of Pushcarts
[Adopted 8-10-1993 by Ord. No. 53 (Ch. 13, Part 1, of the 1997 Code of Ordinances)]
As used in this article, the following terms shall have the meanings indicated:
- Any person who shall engage in peddling as defined below.
- Engaging in peddling, canvassing, soliciting monetary or nonmonetary donations, or taking of orders, either by sample or otherwise, for any goods, wares, merchandise, foodstuffs and produce, upon any of the streets or sidewalks or from house to house within the Township of Connoquenessing. Provided, "peddling" shall not apply to:
- (1) Farmers selling produce;
- (2) The sale of goods, wares and merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable, patriotic, religious, civic or philanthropic purpose;
- (3) Any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk or milk products; or
- (4) Girl Scouts, Boy Scouts, volunteer fire departments and all public or private school groups.
- Any natural person, association, partnership, firm or corporation.
In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.
No person shall engage in peddling in the Township of Connoquenessing Township without first having taken out a license as herein provided.
Every person desiring to engage in peddling in the Township of Connoquenessing 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 desires to be licensed; the type of vehicle he uses, if any; and the number of helpers he has. Provided, where a person makes application for himself 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. Provided, further, that any person making application for a license may obtain an individual license for himself and three helpers and no more. No licenses issued under this article shall be transferable from one person to another.
No license shall be issued under this article until the proper fee, as established from time to time by resolution of the Township Supervisors, shall be paid to the Township Secretary, such license fee to be for the use of the Township of Connoquenessing.
Every peddler granted a license as herein provided shall, at all times when engaged in peddling in Connoquenessing Township, carry such license at all times upon his person, and shall exhibit such license upon request to all police officers, Township officials and citizens. No peddler shall engage in selling any product not mentioned upon such license.
No person licensed as a peddler under this article shall engage in peddling at any time on Sunday, or upon any day of the week before 9:00 a.m. or after 6:00 p.m.
No person, licensed as a peddler under this article, 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 article, 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 Board of Supervisors of the Township of Connoquenessing is hereby authorized to suspend any license issued under this article when it deems such suspension to be beneficial to the public health, safety or morals, or for violation of any of the provisions of this article, or for giving false information upon any application for a license hereunder.
[Amended 9-9-1997 by Ord. No. 59]
Any person firm, or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.
[Adopted 9-9-1997 by Ord. No. 59 (Ch. 15, § 1002, of the 1997 Code of Ordinances)]
The word "pushcart," as used in this article, shall mean a vehicle, including a pedalcycle, propelled solely by human power, and used or intended for use for the display, transport, exhibit or sale of goods, wares or merchandise.
It shall be unlawful for any person to propel a pushcart upon any sidewalk in any business district except as necessary to move the pushcart to a location from which it is to be loaded or unloaded or from which goods, wares or merchandise are to be sold or dispensed under permit from the Board of Supervisors as provided in Subsection C of this section.
It shall be unlawful for any person to park a pushcart upon any sidewalk except for the purpose of selling or dispensing from that pushcart goods, wares or merchandise to passersby under permit from the Board of Supervisors. Every such permit shall be issued to the person making application for the permit, upon payment of a fee, which shall be for the use of the Township set by the Board of Supervisors pursuant to a resolution. The permit shall be granted to the applicant, upon payment of the fee, and upon his signing an agreement with the Board of Supervisors that he shall be bound by the conditions imposed by the Board of Supervisors and made a part of the permit, dealing with the following matters:
Restricting or limiting the parking of the pushcart to one or more stated locations upon the sidewalk and to stated days and hours at each location;
Stating requirements to be adhered to in connection with the disposal of garbage and refuse resulting from the operations carried on;
Requiring that there be no violation of any law, ordinance or regulation pertaining to health, sanitation and the handling of food or drink.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.