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Borough of Wyoming, PA
Luzerne County
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Table of Contents
Table of Contents
[Ord. 1977-6, 10/10/1977, § 1; as amended by Ord. 1/13/1986B, § 1]
PEDDLER
Any person who shall engage in peddling, as herein defined.
PEDDLING
Engaging in peddling, canvassing, taking orders, either by sample or otherwise, for any goods, wares or merchandise or soliciting orders, sales, subscriptions or business of any kind, upon any of the streets, or sidewalks or from house to house within the Borough of Wyoming; provided, the word "peddling" shall not apply (A) to farmers selling their own produce, (B) to the sale of goods, wares and merchandise, donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose, (C) to any products, or mile or mile products.
PERSON
Any natural person, association, partnership, firm or corporations.
In this Part, the singular shall include the plural and the masculine shall include the feminine and the neuter.
[Ord. 1977-6, 10/10/1977, § 2; as amended by Ord. 1/13/1986B, § 2]
It shall be unlawful for any person to engage in the peddling, as defined aforesaid, without having first secured a license as herein provided.
[Ord. 1977-6, 10/10/1977, § 3; as amended by Ord. 1/13/1986B, § 3]
Every person desiring to engage in peddling in the Borough of Wyoming, shall first make application to the Chief of Police of the Borough for a license. Upon such application, such person shall give his name, permanent address, his previous criminal record, if any; the name of the person for whom he works, if any, the type of goods, wares or merchandise he wishes to peddle; the length of time for which he wishes to be licensed; the type of vehicle he uses, if any; and the number of helpers he has. Provided, where a person makes applications for himself and on and one or more helpers, all applicable personal information specified above shall be given for each helper. No license issued under this Part shall be transferable from one person to another.
[Ord. 1977-6, 10/10/1977, § 4; as amended by Ord. 4/8/1985, § 4; by Ord. 1/13/1986B, § 4; and by A.O.]
No license shall be issued under this Part until the fee in an amount as established, from time to time, by resolution of the Borough Council per day shall be paid to the Chief of Police of Wyoming Borough, which shall be for the use of the Borough of Wyoming. The fee shall be paid by each peddler and also by each helper in the application aforesaid.
[Ord. 1977-6, 10/10/1977, § 5; as amended by Ord. 1/13/1986B, § 5]
Upon making application therefor and paying for the proper fee, as herein specified, a license shall be issued to every peddler. Every peddler shall at all times when engaged in peddling in the Borough, wear prominently upon his person such license as is supplied by the Borough.
[Ord. 1977-6, 10/10/1977, § 6; as amended by Ord. 1/13/1986B, § 6]
No person, licensed as a peddler under this Part shall engage in peddling at any time on Sunday, or upon any other day of the week before 9:00 a.m. or after 5:00 p.m.
[Ord. 1977-6, 10/10/1977, § 7; as amended by Ord. 1/13/1986B, § 7]
No person, licensed as a peddler under this Part shall hawk or cry his wares upon any of the streets or sidewalks of the Borough, nor shall be use any loud speaker or horn or any other device for announcing his presence by which the public is annoyed.
[Ord. 1977-6, 10/10/1977, § 8; as amended by Ord. 1/13/1986B, § 8]
No person, licensed as a peddler under this Part shall park any vehicle upon any of the streets or alleys of the Borough in order to sort, rearrange or clean any of his goods, wares, merchandise, nor may any such person place or deposit any refuse upon any street or curbstone market by parking any vehicle upon any street or alley in the Borough for longer than necessary to sell therefrom to persons residing in the immediate vicinity.
[Ord. 1977-6, 10/10/1977, § 9; as amended by Ord. 1/13/1986B, § 9]
No person, licensed as a peddler under this Part shall occupy any fixed location upon any of the streets, alleys or sidewalks of the Borough for the purpose of peddling, with or without any stand or counter.
[Ord. 1977-6, 10/10/1977, § 10; as amended by Ord. 1/13/1986B, § 10]
The Chief of Police of Wyoming Borough shall keep a record of all licenses issued under this Part, and said Chief of Police shall supervise the activities of all holders of such licenses.
[Ord. 1977-6, 10/10/1977, § 11; as amended by Ord. 1/13/1986B, § 11]
The Chief of Police of Wyoming Borough is hereby authorized to suspend any license issued under this Part when he deems such suspension to be beneficial to the public health, safety and morals, or for the violation of any of the provisions of this Part, or for giving false information upon any application for a license hereunder.
[Ord. 1977-6, 10/10/1977, § 12; as amended by Ord. 1/13/1986B, § 12; and 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 together with reasonable attorney fees 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.