[HISTORY: Adopted by the Borough Council
of the Borough of Honesdale 12-8-1980 by Ord. No. 464. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A bona fide corporation, organization or association recognized
as such by the Internal Revenue Service and the Commonwealth of Pennsylvania.
[Amended 12-30-2008 by Ord. No. 635]
An individual who goes from place to place or from house
to house carrying for sale and exposing for sale goods, wares and
merchandise which such individual carries with him or her.
An individual who has officially registered to run for any
lawful political office within either the Borough of Honesdale, County
of Wayne, Commonwealth of Pennsylvania or United States of America.
An individual who goes from person to person or from house
to house seeking orders, subscriptions, contributions or any other
kind of support or who, without necessarily having the intention to
make sales, distributes literature, pamphlets, handbills or samples
and the like for the purpose of information, advertising or the furtherance
of public, political, economic, religious or social beliefs, doctrines,
systems or projects.
An individual who establishes him- or herself in business
in a locality with the intent to remain there for a limited time,
and who, for such time, occupies a place for the exhibition and sale
of his or her wares.
[Amended 12-8-1997 by Ord. No. 564; 12-30-2008 by Ord. No. 635]
Any individual, association, corporation or organization, except for nonprofit religious organizations and political candidates or political organizations as defined in § 152-1, shall make an application for a permit prior to engaging in such activities, which application shall be made to the Borough of Honesdale, shall be sworn in writing and shall contain the following information:
A.
The name and physical description of the applicant.
B.
The address of the applicant.
C.
A brief description of the nature of the business
to be conducted and the goods to be sold, if any, or distributed and,
if the goods are farm or orchard products, a statement as to whether
they are produced or grown by the applicant.
D.
If the applicant is employed, the name and address
of the employer, together with credentials establishing exact relationship.
E.
The length of time for which the right to do business
or disseminate information is desired.
F.
If a vehicle is to be used, a description of the same,
together with the state vehicle license number or other means of identification.
G.
A statement as to whether or not the applicant has
been convicted of any crime, misdemeanor or violation of any municipal
ordinance and, if so, the nature of the offense and the punishment
or penalty assessed therefor.
H.
Such other information as the Chief of Police of the
Borough of Honesdale may deem necessary for the proper police protection
of the Borough. The Chief of Police of the Borough of Honesdale shall
have the discretion to require photographs of the applicant filed
along with said application, which photographs shall be clear and
precise and show the head and shoulder of the applicant in a clear
and distinguishing manner.
[Amended 1-1-1982 by Ord. No. 467; 12-8-1997 by Ord. No.
564]
The permit fees shall be as set forth from time
to time by resolution of the Borough Council. Waiting periods for
peddlers, transient or itinerant dealers and solicitors, along with
the waiting periods between the submission of the application for
the permit and the actual granting of the permit, shall be as follows:
A.
There shall be a twenty-four-hour waiting period between
the application for the permit and the actual issuance of the permit
for all peddlers and transient or itinerant dealers who are bona fide
residents of the Borough of Honesdale, but not, in addition thereto,
resident Honesdale Borough businesspersons having a principal place
of business established in the Borough of Honesdale.
B.
There shall be a seven-day waiting period between
the application and the actual issuance of a permit for all individuals
or organizations who are nonresidents of the Borough of Honesdale
who are peddlers or transient or itinerant dealers.[2]
[2]
Editor's Note: Former Subsections C, D and E, concerning no
permit charges for resident charitable organizations, the waiting
period for nonresident nonprofit charitable organizations, and no
permit charges for political candidates, respectively, which immediately
followed this subsection, were repealed 12-30-2008 by Ord. No. 635.
[1]
Editor's Note: The current Fee Schedule is
on file in the Borough offices.
No peddler, transient or itinerant dealer or
solicitor shall:
A.
Shout, make any outcry, blow a horn, ring a bell or
use any sound device or musical instrument, including any loudspeaker
or radio or sound-amplifying system, on any of the streets, alleys,
parks or other public places of the Borough or on any private premises
in the Borough where sound of sufficient volume is emitted or produced
therefrom to be capable of being plainly heard on 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, where the same shall constitute a public nuisance.
B.
Have any right to any location in any public street,
sidewalk or walkway located in the Borough nor be permitted to operate
in any other congested area where his or her operations might impede
or inconvenience the public. For the purpose of this chapter, the
judgment of a police officer, exercised in good faith, shall be deemed
conclusive as to whether the area is congested or the public impeded
or inconvenienced.
[Amended 4-10-1989 by Ord. No. 506]
C.
Sell or offer for sale goods, wares or merchandise
from vehicles on any of the public streets of the Borough; provided,
however, that the prohibition herein contained shall not include the
peddling, from door to door or from vehicles, of fresh food products
of farm or garden nor bona fide deliveries of goods, wares, merchandise
or food made on a regular route to regular customers.
D.
Solicit or peddle from 9:00 p.m. to 8:00 a.m. or at
any time when a sign has been posted on a building stating "No solicitors
or peddlers" or words to that effect, except that a licensed solicitor
or peddler may call upon the occupant of a residence at other times
when such solicitor or peddler has received express prior permission
from such occupant to do so.
F.
Cast, throw, distribute, scatter, pass out, give away,
circulate or deliver any commercial or business handbill, dodger,
circular or other advertising material or device to any residence
or business or leave the same on any porch, doorstep or vestibule
thereof or in any yard or public hallway thereof or on any vacant
lot or other private property in the Borough without first having
obtained the express consent or without the express request of an
adult resident or occupant thereof.
G.
Cast, throw, deposit, leave upon, distribute, scatter,
pass out, give away, circulate or deliver to any premises any commercial
advertising sample or device or other merchandise of any kind, except
into the hands of an adult person who resides upon or occupies such
premises.
[Amended 12-8-1997 by Ord. No. 564]
This chapter shall be enforced by the issuance
of a proceeding before the local District Justice, and upon conviction,
an individual violating any section or portion of a section of this
chapter shall pay a fine of not more than $600, plus costs of prosecution,
and in default of payment of such fine and costs shall be imprisoned
for not more than 30 days.
