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