[HISTORY: Adopted by the Borough Council of the Borough of Harveys
Lake 4-8-1968 by Ord. No. 20. Amendments
noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 26.
For the purposes of this chapter, the following words and phrases shall
have the meanings ascribed to them, as follows:
Any person or persons, partnership, association, company, firm or
corporation.
Conveying or transporting goods, wares or merchandise, and offering
or exposing the same for sale or making sales thereof, by going from place
to place or from street to street by the use of any vehicle or otherwise.
Going from door to door or place to place for the purpose of attempting
to obtain donations or contributions in any form or to take orders from individuals
for sale by cash, deferred payment or installment sales contracts, or any
like means, of goods, wares or merchandise, including magazines, books, periodicals
or personal property of any nature whatsoever, for present or future delivery,
or for service to be performed at that time or in the future, whether or not
such individual has, carries or exposes for sale a sample of the subject of
such order or whether or not he is collecting advance payments on such orders
or whether or not the consideration of the sale is an installment sales contract.
Any business or enterprise which has no permanent place of business
within the Borough and which uses premises not owned by the operator thereof
and which is operated for six months or less of each or every year, whether
a storeroom, market stand or otherwise, for the sale of products, goods, wares
or merchandise or to offer or expose the same for sale or for future delivery
and sale.
No person shall peddle, vend, solicit or operate a transient business
without first complying with the provisions of this chapter.
Nothing in this chapter shall be construed to apply to:
A.
Farmers or truck gardeners selling their own produce.
B.
The sale of goods, wares, merchandise and other articles
of personal property donated by the owners thereof, the proceeds whereof are
to be exclusively and solely applied to any bona fide charitable or philanthropic
purpose.
C.
Any manufacturer or producer in the sale of bread and
bakery products, meat and meat products or milk and milk products.
D.
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.
E.
Newsboys selling newspapers.
No person shall engage in the occupation of peddling and vending without
first registering and obtaining an identification badge as follows:
A.
Each person desiring to act as a peddler, salesman and
vendor must register with the Chief of Police, giving the following information:
(1)
Name of person.
(2)
Address of person.
(3)
Name and address of company, if any, and credentials
of the company establishing the exact relationship between the person and
the company.
(4)
Vehicle description and license number, if any.
(5)
A description of the area or territory in which he intends
to operate.
(6)
A description of the goods, wares or merchandise which
he intends to offer for sale.
(7)
The mode of sale, whether by cash, deferred payment or
installment sales contract.
(8)
The period of time the person intends to carry on his
activity.
B.
Upon registering, the Chief of Police shall issue a badge
bearing an identification number to the registrant.
C.
Each registrant must display the badge in a conspicuous
manner upon his person so that all vendees may identify him. At the end of
the term of permitted operation, each registrant must promptly return his
badge to the Chief of Police.
No person shall engage in the occupation of soliciting without first registering with the Chief of Police each day and furnishing such other information as he may require and as is required by § 30-4.
No person shall engage in a transient business without first registering with the Chief of Police, as provided in § 30-4.
No peddler, solicitor or vendor, 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 the Borough
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 peddler or vendor shall:
No peddling, soliciting or vending shall be permitted on Sunday nor
before 9:00 a.m. or after 12:00 noon on Saturdays, or before 9:00 a.m. or
after sunset weekdays, local time.
Transient merchants, whether peddlers, solicitors or vendors, are required
to exhibit their identification badges at the request of any citizen.
The privilege to peddle or solicit of any person convicted of a violation
of this chapter may be revoked by the Council without further cause.
A.
Any person who shall violate any provision of this chapter
shall, upon conviction thereof, for each violation be subject to a fine of
not less than $10 nor more than $50 plus costs or prosecution. In default
of the payment of such fine plus costs, such person shall be sentenced to
the county jail for a period not exceeding 10 days.
B.
Each day that such violation exists shall be considered
to be a separate violation.
