[HISTORY: Adopted by the Board of Supervisors (now Board
of Commissioners) of the Township of Pocono 6-3-1991 by Ord. No. 51. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Transient merchants engaging in peddling, canvassing, soliciting,
hawking or taking of orders, either by sample or otherwise, for any
goods, wares, services or merchandise from any property, upon any
of the streets or sidewalks or from house to house within the Township
of Pocono; provided, however, that the words "peddling, soliciting
and hawking" shall not apply to farmers selling their own produce;
or to any sale of goods, wares or merchandise donated by the owners
thereof, the proceeds of which are to be applied to any charitable
or philanthropic purpose; or the transaction of business by insurance
companies or their agents or insurance brokers authorized to transact
business under the insurance laws of the Commonwealth of Pennsylvania.
Any natural person, association, partnership, firm, corporation
or other legal entity.
Every person whether as principal or agent (excepting farmers
selling their own produce and retail peddlers or deliverers of dairy
products and food peddlers authorized by an employer for the sale
of food products to his employees and not the general public) is forbidden
to solicit, hawk or peddle any merchandise or any articles of trade
or solicit funds or moneys or merchandise within the Township of Pocono
unless and until a permit is obtained.
A.
Every person or organization desiring to solicit, hawk or peddle
shall first make application to the Township Zoning Officer for a
permit. The permit application shall state the names or name, place
of residence, type of organization or kind of article or product to
be sold and the period of time the applicant desires to solicit, hawk
or peddle, and if other than a charitable organization, such applicant
shall present two photographs, 1 1/4 inches by 1 1/2 inches,
of himself or herself.
B.
The application for permit shall specify whether the application is for a Class I or Class II permit. A Class II permit shall only be available to individuals desiring to solicit, hawk or peddle any merchandise or any articles of trade on site in a recognized and lawful flea market for which a land development plan has been filed and approved by the Commissioners pursuant to Chapter 390, Subdivision and Land Development, of the Code of the Township of Pocono.
C.
The Commissioners shall have
the right and the authority to prescribe fees for issuance of Class
I and Class II permits and to amend the fee schedule upon public notice
by resolution from time to time.
The Township of Pocono shall thereupon, after payment of the
prescribed fee, issue a permit in duplicate. One copy of the permit
is to be given to the applicant, and one copy is to be filed in the
office of the Township Zoning Officer. The permit shall state the
names and addresses and places of residence, type of article to be
sold, duration of the permit, name of the principal and the name of
the charitable organization, and in the case of all other than charitable
organizations, it shall be affixed to each copy one of the photographs
directed to be presented. If the permit is a Class II permit, the
permit shall also contain the name and address of the owner of the
recognized flea market together with appropriate evidence that the
applicant is authorized to solicit, hawk or peddle within the flea
market. The permit shall be valid only for the period inscribed upon
the permit and in no event longer than one year.
Every permittee soliciting, hawking or peddling door to door
within the limits of Pocono Township, Monroe County, Pennsylvania,
shall, upon request, produce the permit for inspection.
This chapter shall be enforced by action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person, partnership, corporation or other entity who or which
violates or permits a violation of the provisions of this chapter
shall, upon conviction in a summary proceeding, pay a fine of not
more than $1,000, plus the costs of prosecution, and, in default of
the payment of the fine and costs of prosecution, shall be imprisoned
for a period not exceeding 30 days.
