[Ord. 2013-08, 4/1/2013, § 1]
This Part shall be known as the "Peddlers Ordinance."
[Ord. 2013-08, 4/1/2013, § 2]
1.
PEDDLER
PEDDLING
PERSON
The following terms shall have the meanings indicated:
Any person who shall engage in peddling as herein defined.
The selling or offering for sale of any goods, wares, services
or merchandise for immediate delivery, which the person selling or
offering for sale carries with him in traveling, or has in his possession
or control, or the seeking or taking of contracts or orders for any
goods, wares, services or merchandise for delivery, or for subscriptions
or contributions, upon any of the streets or sidewalks, from house
to house, by visitation to private residences or be entering in or
upon private property within the Township. The term "peddling" shall
also include the seeking or taking of contracts or orders for home
or other building repairs, improvements and alterations and also orders
or contracts for any mechanical, electrical, plumbing or heating device
or equipment for houses or other building improvements or repairs
upon or from the places aforesaid within the Township.
Any natural person, association, partnership, firm, organization,
corporate entity or limited liability company.
2.
In this Part, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
[Ord. 2013-08, 4/1/2013, § 3]
1.
No person shall engage in peddling in the Township without first
having obtained a license as herein provided.
2.
No license shall be required for the following:
A.
Farmers selling their own produce.
B.
For the sale of goods, wares and merchandise, donated by the owners
thereof, the proceeds of which are to be applied to any charitable
or philanthropic purpose.
C.
Children under the age of 18 years who take orders for newspapers,
greeting cards, candy, bakery products, and the like for the Boy Scouts
or Girl Scouts, school organizations, or similar organizations.
D.
The seeking or taking of orders by insurance agents or brokers authorized
to transact business under the insurance laws of the Commonwealth
of Pennsylvania.
[Ord. 2013-08, 4/1/2013, § 4]
1.
Every person not falling within the license exceptions in § 13-103, Subsection 2 above, who desires to engage in peddling in the Township shall first make application to the Township Secretary for a license. If such person shall also be required to obtain a license from any county officer he shall, on making such application, exhibit a valid county license. The application shall be upon a form provided by the Township and shall contain at least the following information:
A.
Full name of the applicant.
B.
Permanent address.
C.
Name of employer.
D.
The nature of the goods, wares, services or merchandise offered for
sale.
E.
A statement as to whether or not the applicant has ever been convicted
of any crime and, if the answer is in the affirmative, the nature
of the offense or offenses and the punishment or punishments imposed.
F.
The type of vehicle to be used, if any.
G.
Upon request, the applicant shall also submit to fingerprinting and
furnish a photo identification.
2.
Where a person makes application for himself and one or more employees,
all information specified above shall be given for each employee.
An individual license and fee shall be required for each employee.
No license under this Part shall be transferable from one person to
another.
[Ord. 2013-08, 4/1/2013, § 5]
The Board of Supervisors shall establish a license fee by Township
resolution which may thereafter be amended from time to time as the
Board of Supervisors deems necessary. In no case will the application
be accepted for review prior to payment of the applicable fee.
[Ord. 2013-08, 4/1/2013, § 6]
The license granted pursuant to this Part shall be valid for
one year after the date of such license and upon the expiration of
any license if the person holding the same shall desire to continue
or renew peddling he shall be required to file a new application and
pay a new license fee.
[Ord. 2013-08, 4/1/2013, § 7]
Such license, when issued, shall state, inter alia, the products
to be sold, services to be rendered or subscriptions or contributions
to be peddled by the licensee. Every peddler shall at all times, when
engaged in peddling in the Township, carry such license upon his person
and shall exhibit it upon request to all police officers, Township
officials, and citizens. No peddler shall engage in selling any product
or service not mentioned on such license.
[Ord. 2013-08, 4/1/2013, § 8]
No peddling shall take place on federal holidays, Sundays or
on any other day of the week before 9:00 a.m. or after 6:00 p.m.
[Ord. 2013-08, 4/1/2013, § 9]
1.
A peddler shall not:
A.
Occupy any fixed location upon any of the sidewalks, streets, highways
or alleys of the Township with or without any stand or counter.
B.
Occupy the cartway or berm of any street or highway, or any portion
or part contained within the cartway (e.g., median strip, fixed barrier,
lined area, etc.).
[Ord. 2013-08, 4/1/2013, § 10]
The Township Secretary shall keep a record of all licenses issued
under this Part.
[Ord. 2013-08, 4/1/2013, § 11]
Any license issued under this Part may be suspended or revoked
at any time by the Board of Supervisors upon proof being furnished
thereto that licensee has violated any provision of this Part, or
that the application for the license contained false information,
or that the licensee was convicted of a crime involving moral turpitude
after the issuance of such license, or that the licensee was convicted
of disorderly conduct under any law of the Commonwealth of Pennsylvania
or any ordinance of the Township.
[Ord. 2013-08, 4/1/2013, § 12]
No peddler under this Part shall hawk or cry his wares or services
upon any of the streets or sidewalks of the Township nor shall be
use any loudspeaker, bell, whistle or other device for announcing
his presence by which the public is annoyed.
[Ord. 2013-08, 4/1/2013, § 13]
A resident or business may display a "No Solicitation" sign
at their premises. If such a sign is displayed, a peddler shall not
enter the premises for purposes of peddling.
[Ord. 2013-08, 4/1/2013, § 14; as amended by A.O.]
Any person who shall violate any provision of this Part, upon
conviction thereof in an action brought before a magisterial district
judge in the manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure, shall be sentenced
to pay a fine of not more than $1,000 plus costs and, in default of
payment of said fine and costs; to a term of imprisonment not to exceed
90 days. Each day that a violation of this Part continues or each
section of this Part which shall be found to have been violated shall
constitute a separate offense.
[Ord. 109, 10/6/1962, § 1]
This Part shall be known and may be cited as "Lower Mt. Bethel
Township Junkyard Ordinance."
[Ord. 109, 10/6/1962, § 2]
The following words and phrases, when used in this Part, shall
have the meanings ascribed to them in this section, except in those
instances where the context indicates a different meaning:
Any motor vehicle outside of a fully enclosed building:
The Board of Supervisors of Lower Mt. Bethel Township.
Any discarded material or article and shall include, but
not be limited to, scrap metal, scrapped abandoned or junked motor
vehicles, machinery, equipment, paper, glass, containers and structures.
It shall not include, however, refuse or garbage kept in a proper
container for the purpose of prompt disposal.
Any person, as hereinafter defined, who shall engage in the
business of selling, buying, salvaging and dealing in junk and who
maintains and operates a junkyard within the Township of Lower Mt.
Bethel.
Any place where any junk or abandoned or junked motor vehicles,
as hereinafter defined, are stored, disposed of or accumulated.
The permit granted to a junk dealer as hereinbefore defined.
Every natural person, association, partnership or corporation.
Whenever used in any clause prescribing or imposing a fine, or penalty
of imprisonment in default thereof, the term as applied to association
shall mean any member thereof; as applied to partnerships shall mean
any partner thereof and as applied to corporations shall mean the
President, Treasurer or Secretary thereof.
Lower Mt. Bethel Township, Northampton County, Pennsylvania.
[Ord. 109, 10/6/1962, § 3]
It shall be unlawful for any person to store any abandoned or
junked motor vehicle on public or private property within 200 feet
of any highway or Township road in the Township unless he is a junk
dealer and has been licensed according to the terms and provisions
of this Part.
[Ord. 109, 10/6/1962, § 4]
It shall be unlawful for any person to store any abandoned or
junked motor vehicle on public or private property within 300 feet
from the nearest residence or home in the Township unless he is a
junk dealer and has been licensed according to the terms and provisions
of this Part.
[Ord. 109, 10/6/1962, § 5; as amended by A.O.]
No person shall engage in business of storage of abandoned or
junked motor vehicles in the Township of Lower Mt. Bethel without
first having obtained a license from the Supervisors, for which the
fee shall be in an amount as established, from time to time, by resolution
of the Board of Supervisors, for each and every calendar year, such
fee to be for the use of the Township. Such license shall be renewed
annually on or before the 1st day of January of each year. Provided;
in any case, where an abandoned or junked motor vehicle business shall
be established in the Township on or after the 1st day of July in
any year, the license fee payable for the remainder of such year shall
be at half the yearly rate.
[Ord. 109, 10/6/1962, § 6]
The license provided for in this Part shall be issued by the
Board after written application shall have been made therefor by the
person desiring to be licensed. Such license shall state the name
of the person to whom such license is issued and the premises on which
such business is to be conducted, or such junkyard is to be maintained.
Such license shall be posted conspicuously upon the premises licensed
thereunder. The written application for license hereinabove mentioned
shall be accompanied by a form, every question of which must be answered,
which form will be supplied by the Board. Applicant shall also submit
therewith a plot of the premises used or to be used in connection
with such license.
[Ord. 109, 10/6/1962, § 7]
Upon receipt of an application by the Board, the Board shall
issue a license or shall refuse to issue a license to the person applying
therefor after an examination of the application and taking into consideration
the suitability of the property proposed to be used for the purposes
of the license, the character of the properties located nearby and
the effect of the proposed use upon the Township, both economic and
aesthetic. In the event the Board shall issue a license, it may impose
upon the license and the person applying the refer such terms and
conditions in addition to the regulations herein contained and adopted
pursuant to this Part as may be deemed necessary to carry out the
spirit and intent of this Part.
[Ord. 109, 10/6/1962, § 8]
No person licensed under this Part shall, by virtue of one license,
keep more than one place of business within the Township or maintain
more than one junkyard, for the purpose of buying, selling and dealing
in junk. No person shall engage in business as a junk dealer in any
place other than the place designated upon his license, or maintain
a junkyard in any place other than the place designated upon his license.
[Ord. 109, 10/6/1962, § 9; as amended by A.O.]
No license issued under this Part shall be transferrable from
one person to another person except when the ownership of a licensed
premises shall change. In any such case the new owner shall apply
for a transfer of such license to him and shall pay a transfer fee
in an amount as established, from time to time, by resolution of the
Board of Supervisors.
[Ord. 109, 10/6/1962, § 10]
Every person, licensed under this Part shall provide and shall
constantly keep a book, in which shall be fairly written down in the
English language at the time of the purchase of any junk, a description
of every article or material purchased or received by him, the date
and hour of such purchase or receipt and the person from whom such
articles or material was purchased or received. Such book and all
articles or materials purchased, received or handled by such person
shall at all times be subject to the inspection of the Township police
or any other official of the Township.
[Ord. 109, 10/6/1962, § 11]
Every person, licensed under this Part, shall keep and retain
upon the licensed premises, for a period of 48 hours after the purchase
or receipt thereof, all junk received or purchased by him, and shall
not disturb or reduce the same or later the original form, shape or
condition until such period of 48 hours shall have elapsed.
[Ord. 109, 10/6/1962, § 12]
1.
Every person licensed under this Part shall constantly maintain the
licensed premises in accordance with any special provisions imposed
by the Board and in the manner prescribed by this section and any
subsequent regulations adopted by the Board:
A.
Such premises shall at all times be maintained so as not to constitute
a nuisance or a menace to the health of the community or of residents
nearby or a place for the breeding of rodents and vermin.
B.
No garbage or other organic waste shall be stored in such premises.
C.
Whenever any motor vehicle shall be received in such premises as
junk, all gasoline and oil shall be drained and removed therefrom.
Gasoline in an amount not exceeding 10 gallons may be stored above
ground in said junkyards provided the same be placed in containers
approved by the Board. All other gasoline which is kept in the premises
shall be stored underground, which underground storage must be approved
by the Board.
D.
The manner of storage and arrangement of junk and the drainage facilities
of the premises shall be such as to prevent the accumulation of stagnant
water upon the premises, and to facilitate access for firefighting
purposes.
E.
All junk kept, stored or arranged on the licensed premises shall
at all times be kept, stored and arranged within the junkyard as described
in the application for license hereunder, and as limited under Subsection
1D, above.
F.
A person licensed under this Part shall not burn more than one motor
vehicle or its equivalent at any one time. No oil, grease, tires,
gasoline or other similar material that might be dangerous or tend
to produce obnoxious smoke or odors shall be burned within a junkyard
at any time. Burning of vehicles must be attended and controlled at
all times.
G.
The premises to be licensed shall be set back a minimum distance
of 25 feet from the right-of-way lines on all streets or roads and
a minimum distance of 25 feet from all other property lines. The area
between the set back line and the right-of-way line and all streets
and roads and all other property lines shall be at all times kept
clear and vacant.
H.
When the Board shall deem it necessary and desirable, the premises
to be licensed shall at the setback lines be enclosed by a fence of
type and style to be determined by the Board or by evergreen screen
plantings, or both. The Board may set forth the fence and planting
requirements at the time of the issuance of a license or at the time
of renewal or transfer of a licence. There shall be no posting or
advertising permitted on said fence, other than for the advertising
of said licensed business, and this not to exceed nine square feet.
[Ord. 109, 10/6/1962, § 13; as amended by A.O.]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $25 nor more than
$1,000 plus costs for the first offense, or not less than $50 nor
more than $1,000 for the second and subsequent offenses plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
