Chapter 30, Peddling, Soliciting, Vending and Transient Businesses
[HISTORY: Adopted by the Borough Council of the Borough of Harveys Lake 4-8-1968 by Ord. No. 20. Amendments noted where applicable.]
§ 30-1. Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them, as follows:
PERSON -- Any person or persons, partnership, association, company, firm or corporation.
PEDDLING and VENDING -- Conveying or transporting goods, wares or merchandise, and offering or exposing the same for sale or making sales thereof, by going from place to place or from street to street by the use of any vehicle or otherwise.
SOLICITING -- Going from door to door or place to place for the purpose of attempting to obtain donations or contributions in any form or to take orders from individuals for sale by cash, deferred payment or installment sales contracts, or any like means, of goods, wares or merchandise, including magazines, books, periodicals or personal property of any nature whatsoever, for present or future delivery, or for service to be performed at that time or in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such order or whether or not he is collecting advance payments on such orders or whether or not the consideration of the sale is an installment sales contract.
TRANSIENT BUSINESS -- Any business or enterprise which has no permanent place of business within the Borough and which uses premises not owned by the operator thereof and which is operated for six months or less of each or every year, whether a storeroom, market stand or otherwise, for the sale of products, goods, wares or merchandise or to offer or expose the same for sale or for future delivery and sale.
§ 30-2. Compliance required.
No person shall peddle, vend, solicit or operate a transient business without first complying with the provisions of this chapter.
§ 30-3. Nonapplicability.
Nothing in this chapter shall be construed to apply to:
A. Farmers or truck gardeners selling their own produce.
B. The sale of goods, wares, merchandise and other articles of personal property donated by the owners thereof, the proceeds whereof are to be exclusively and solely applied to any bona fide charitable or philanthropic purpose.
C. Any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk and milk products.
D. Any sale required by statute or by order of any court or to prevent any person conducting a bona fide auction sale pursuant to law.
E. Newsboys selling newspapers.
§ 30-4. Registration required for peddling and vending; identification badge.
No person shall engage in the occupation of peddling and vending without first registering and obtaining an identification badge as follows:
A. Each person desiring to act as a peddler, salesman and vendor must register with the Chief of Police, giving the following information:
(1) Name of person.B. Upon registering, the Chief of Police shall issue a badge bearing an identification number to the registrant.
(2) Address of person.
(3) Name and address of company, if any, and credentials of the company establishing the exact relationship between the person and the company.
(4) Vehicle description and license number, if any.
(5) A description of the area or territory in which he intends to operate.
(6) A description of the goods, wares or merchandise which he intends to offer for sale.
(7) The mode of sale, whether by cash, deferred payment or installment sales contract.
(8) The period of time the person intends to carry on his activity.
C. Each registrant must display the badge in a conspicuous manner upon his person so that all vendees may identify him. At the end of the term of permitted operation, each registrant must promptly return his badge to the Chief of Police.
§ 30-5. Registration required for soliciting.
No person shall engage in the occupation of soliciting without first registering with the Chief of Police each day and furnishing such other information as he may require and as is required by § 30-4.
§ 30-6. Registration required for transient businesses.
No person shall engage in a transient business without first registering with the Chief of Police, as provided in § 30-4.
§ 30-7. Loud noises and sound devices.
No peddler, solicitor or vendor, nor any person in 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 the 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.
§ 30-8. Operating restrictions for peddlers and vendors.
No peddler or vendor shall:
A. Have any exclusive right to any location in the public streets.
B. Be permitted a stationary location thereon.
C. Be permitted to operate in a congested area where such operation might impede or inconvenience the public use of such streets or sidewalks.
§ 30-9. Hour restrictions.
No peddling, soliciting or vending shall be permitted on Sunday nor before 9:00 a.m. or after 12:00 noon on Saturdays, or before 9:00 a.m. or after sunset weekdays, local time.
§ 30-10. Exhibition of identification badges.
Transient merchants, whether peddlers, solicitors or vendors, are required to exhibit their identification badges at the request of any citizen.
§ 30-11. Revocation of privileges.
The privilege to peddle or solicit of any person convicted of a violation of this chapter may be revoked by the Council without further cause.
§ 30-12. Violations and penalties.
A. Any person who shall violate any provision of this chapter shall, upon conviction thereof, for each violation be subject to a fine of not less than $10 nor more than $50 plus costs or prosecution. In default of the payment of such fine plus costs, such person shall be sentenced to the county jail for a period not exceeding 10 days.
B. Each day that such violation exists shall be considered to be a separate violation.