[Ord. 387, 12/14/2009]
It is the purpose of this Part to regulate peddlers, solicitors
and canvassers, transient merchants and itinerant vendors who come
to the Borough of Thornburg to sell or attempt to sell, to take orders
or attempt to take orders or to solicit contributions, pledges or
subscriptions, such regulation being in the interest of and for the
protection of residents of the Borough of Thornburg and in furtherance
of the prevention of crime and fraud and to facilitate the privacy
of the residents of the Borough of Thornburg and further requiring
license fees to offset the cost of regulation and administration of
this Part.
[Ord. 387, 12/14/2009]
As used in this Part, the following terms shall have the meanings
indicated:
CHIEF OF POLICE
The Chief of Police of the Crafton Borough Police Department.
DEPARTMENT
The Crafton Borough Police Department, or its successor.
PEDDLER
Any person, whether a resident of the Borough of Thornburg
or not, traveling by foot, wagon, automotive vehicle or any other
type of conveyance from place to place, from house to house or from
street to street, carrying, conveying or transporting goods, wares,
merchandise, fish, vegetables meats 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, provided further, 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 Part
shall be deemed a "peddler," subject to the provisions of this Part.
The word "peddler" shall include "hawker" and "huckster."
SOLICITOR or CANVASSER
Any person, whether a resident of the Borough of Thornburg
or not, traveling by foot, wagon, automobile, motor truck or any other
type of conveyance from place to place, person to person, house to
house or from 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
of any other kind of support, whether or not such individual has,
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 Thornburg for the sole purpose
of exhibiting samples and taking orders for future delivery.
TRANSIENT VENDOR, TRANSIENT MERCHANT or ITINERANT VENDOR
Any person, whether as an owner, agent; consignee or employee,
whether a resident of the Borough of Thornburg or not, who engages
in a temporary business of selling and delivering goods, wares and
merchandise within the Borough of Thornburg, 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 Thornburg
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 compliance with the provisions of this Part 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.
[Ord. 387, 12/14/2009]
It shall be unlawful for any person to engage in the business of peddler, solicitor, canvasser, transient merchant or itinerant vendor as defined in §
13-101 of this Part within the Borough of Thornburg without first obtaining a license therefor as provided in this Part.
[Ord. 387, 12/14/2009]
No licensee, nor any person on his behalf, shall shout, cry
out, blow a horn, ring a bell or use any sound or amplifying device
upon any of the streets, alleys, parks or other public places of Borough
or upon private premises where sound of sufficient volume is emitted
or produced therefrom to be capable of being plainly heard upon the
streets, avenues, alleys, parks or other public places, for the purpose
of attracting attention to any goods, wares or merchandise which such
licensee proposes to sell.
[Ord. 387, 12/14/2009]
No license issued under the provisions of this Part shall be
used at any time by any person other than the one to whom it was issued.
[Ord. 387, 12/14/2009]
The Borough Secretary shall maintain a record for each license
issued and a record of the reports of violations.
[Ord. 387, 12/14/2009]
Any person aggrieved by the action of the Borough Secretary in the denial of a license as provided in §
13-105 of this Part or in the revocation of a license as provided in §
13-113 shall have a right to appeal to the governing body of the Borough of Thornburg. Such appeal shall be taken by filing with Borough Secretary of the Borough within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth the grounds for the appeal. The governing body of the Borough shall set a time and place for hearing on such appeal, and notice of such hearing shall be given to the person aggrieved in the same manner as provided in §
13-113 of this Part for notice of hearing on revocation. The appeal fee, in an amount as established from time to time by resolution of by Borough Council, shall be paid by the appellant at the time a request for appeal is filed. The appellant shall also reimburse the Borough for the costs of a court reporter and advertisement of the hearing, and such reimbursement shall be paid prior to commencement of the hearing.
[Ord. 387, 12/14/2009]
All licenses issued under the provisions of this Part shall
expire on the date specified in the license.
[Ord. 387, 12/14/2009]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not less than $100 nor more than $1,000 plus costs and, in
default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day any person, firm or corporation engages
in the business of a peddler, solicitor, canvasser, transient merchant
or itinerant vendor in violation of this Part continues shall constitute
a separate offense.