[HISTORY: Adopted by the Borough Council of Montgomery Borough as indicated in article histories. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 397.
[Adopted 2-4-1963 by Ord. No. 58 (Ch. XVI, Part 2B, Subpart 2, of the 1996 Code of Ordinances)]
The word "person," as used in this article, shall mean and include any natural person, association, partnership, firm or corporation. The singular shall include the plural and the masculine shall include the feminine and the neuter.
No person shall place or store upon any sidewalk in the Borough of Montgomery, except temporarily while loading or unloading the same, any goods, wares or merchandise, or any box, barrel or other container, or any bench or other kind of seat. Provided: nothing herein shall apply to any building material stored upon a sidewalk under a valid permit from the Borough authorities.
No person shall place, set up or display, upon any of the sidewalks in the Borough of Montgomery, any goods, wares or merchandise; nor shall any person set up and/or operate upon any of such sidewalks any implements or fixtures used in connection with the display and/or sale of goods, wares or merchandise.
[Amended 12-12-1995 by Ord. No. 1995-21]
Any person who violates any provision of this article shall be guilty of an offense and, for every such violation, upon conviction, shall be sentenced to pay a fine of not less than $25 nor more than $300 and costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 15 days. Provided: each day's violation of any provision of this article shall constitute a separate offense.
[Adopted 12-12-1995 by Ord. No. 1995-12 (Ch. VIII, Part 2, of the 1996 Code of Ordinances)]
As used in this article, the following terms shall have the meanings indicated:
- Any natural person, association, partnership, firm or corporation.
- TRANSIENT RETAIL BUSINESS
- Includes any of the following:
- (1) Engaging in peddling, selling, canvassing, soliciting, or taking orders, either by sample or otherwise, for any goods, wares or merchandise, upon any street, alley, sidewalk or public place, or from house to house, within the Borough;
- (2) Selling, soliciting or taking orders for any goods, wares, or merchandise, from a fixed location within the Borough on a temporary basis, which shall include, but shall not be limited to, any activities conducted at the time of special occasions or celebrations, for seasonal purposes, or for or in advance of particular yearly holidays.
In this article, the masculine shall include the feminine and the neuter, the singular shall include the plural and the plural shall include the singular.
No person shall engage in any transient retail business within the Borough without first having obtained from the Borough Secretary and paying to him for the use of the Borough the following license fee: $5 for one day; $25 for one calendar month or portion thereof; or one $100 for one calendar year or portion thereof.
Provided: no license fee shall be required under this section:
From farmers selling their own produce;
For the sale of goods, wares and merchandise, donated by their owners, the proceeds of which are to be applied to any charitable or philanthropic purpose; or
To any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk and milk products.
Provided further: any person dealing in one or more of the above-mentioned exempted categories, and selling other goods, wares and merchandise not so exempted, shall be subject to payment of the license fee fixed by this section for his activities in connection with the sale of goods, wares and merchandise not so exempted.
Provided further: no license fee shall be required from persons working without compensation and selling goods, wares or merchandise for the sole benefit of any nonprofit corporation or organization, but the person in charge of that nonprofit corporation or organization locally shall register with the Secretary, giving pertinent information as requested by him, including the names of persons to be engaged in the work and the length of time the particular campaign shall be engaged in and the registration should be in effect.
Provided further: every license issued under this article shall be issued on an individual basis to persons engaging in a transient retail business; every individual shall obtain a separate license, issued to him in his name, and the license fee imposed by this section shall be applicable to every individual license.
Every person desiring a license under this article shall first make application to the Borough Secretary. If the person is also required to obtain a license from any state or county officer, he shall, when making the application, exhibit a valid license from the state or county officer. The applicant shall give his name and address; the name of the person by whom he is employed; the type of goods, wares and merchandise he wishes to deal with in his transient retail business; the number of persons to be employed by him in the Borough; and the type and license numbers of all vehicles to be used, if any. The application shall be accompanied by any license fee required by § 311-6 of this article. The license shall be issued to the applicant following any investigation made by the Secretary, with cooperation of the Police Department, as to the accuracy of the information on the application. The license shall set forth the name, residence and place of business of the applicant, the amount of fee paid and the period for which the license is issued. The Secretary shall keep a record and a copy of each license so issued by him, shall immediately notify the Police Department of the issuance of the license, and shall keep an account of all monies received by him for such license.
Every license holder shall carry the license upon his person or display it upon his vehicle, if he is engaged in a transient retail business from house to house or upon any street, alley, sidewalk or public ground, or he shall display the license at the fixed location where he shall engage in business if doing so from a fixed location. He shall exhibit the license, upon request, to all police officers, Borough officials and citizens or residents of the Borough.
It shall be unlawful for any person:
To sell any product or type of product not mentioned in his license;
To hawk or cry his wares upon any street, alley, sidewalk or public ground in the Borough, or use any loudspeaker or horn or other device for announcing his presence by which the public may be annoyed;
When selling from a vehicle, to stop or park the vehicle upon any street or alley in the Borough for longer than necessary in order to sell from the vehicle to persons residing or working in the immediate vicinity;
To engage in any house-to-house activity, except by prior appointment, at any time on Sunday, or on any other day of the week before 9:00 a.m. or after 5:00 p.m.
The practice or custom of going in and upon private residences in the Borough by solicitors, peddlers, itinerant merchants or transient retail merchants, regardless of whether they hold a valid license under this article, not having been requested or invited to do so by the owner or occupant of that private residence, for the purpose of soliciting orders for the sale of goods, wares or merchandise, or of disposing of, peddling, or hawking goods, wares or merchandise, is declared to be a nuisance and also a violation of this article.
The Mayor is authorized to suspend or revoke any license issued under this article when he deems the suspension or revocation to be in the interest of the public health, safety or morals, or for violation of any provision of this article, or for giving false information upon the application for a license under this article. Appeals from any suspension or revocation may be made to Council at any time within 10 days after suspension or revocation. No part of a license fee shall be refunded to any person whose license has been suspended or revoked.
Any person who violates any provision of this article shall, for every such violation, upon conviction, be sentenced to pay a fine of not less than $25 nor more than $600 and costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days. Provided: each day's violation of any provision of this article shall constitute a separate violation.