[HISTORY: Adopted by the Borough Council of the Borough of Slippery Rock as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-3-2001 by Ord. No. 582 (Ch. 13, Part 3, of the 1983 Code)]
As used in this article, the following terms shall have the meanings indicated:
- Any person who shall engage in peddling as below defined.
- Anyone engaging in canvassing, soliciting, peddling, or selling on the streets or sidewalks or on a door-to-door basis without previous appointment for the purpose of taking orders for books, magazines, pictures, home improvements, products, or offering of services, or anyone gratuitously seeking monetary contributions for themselves or others.
- Any natural person, association, partnership, firm or corporation.
As Slippery Rock Borough has determined that it is necessary for reasons of crime prevention and protection of the citizens' privacy, no person shall engage in peddling within the Borough of Slippery Rock, Butler County, without first having been granted a license as provided herein for each individual peddler.
Every person desiring to engage in peddling within the Borough of Slippery Rock, Butler County, Pennsylvania, shall first make application to the Borough Mayor and/or Chief of Police. Such application shall state the name of the person applying, his address, the name of the person for whom he works, and the type of books, magazines, home improvements, pictures, products or services he wishes to peddle, the length of time for which he desires to be licensed, the type of vehicle he uses, with owner's name and license plate number, and what, if any, crimes the individual has been convicted of as an adult. No license issued shall be transferred from one person or organization to another.
No license shall be issued under this article until the proper fee shall be paid to the Mayor or Chief of Police, which fee shall be for the use of the general fund of the Borough, as follows:
Nonprofit corporations or associations whose primary purpose is the promotion of youth activities, such as scouting and sports groups, shall be exempt from the fees to be collected under this provision so long as the individual peddlers are 17 years of age or younger. Such exemption from fees does not relieve any individual or organization from compliance with other provisions of this article.
Upon making application and following approval by the Mayor or the Chief of Police and payment of the permit fees, the Borough shall issue a license to the peddler and/or organization.
No person licensed as a peddler shall engage in peddling at any time on Sunday, or on any other day of the week before 9:00 a.m. or after 9:00 p.m.
The Mayor or Chief of Police shall keep a record of all licenses issued, and the Chief of Police shall supervise the activities of holders of such licenses.
The Mayor of the Borough of Slippery Rock is hereby authorized to refuse to issue any license and to suspend any license already issued when he deems such refusal or suspension to be in the best interest of the public health, safety and welfare of the citizens of the Borough of may suspend licenses or refuse to issue a license for violation of any of these provisions or for the giving of false information upon any application for a license hereunder.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Butler County.
[Adopted 6-6-2007 by Ord. No. 636 (Ch. 13, Part 1, of the 1983 Code)]
This article shall be known and may be cited as the "Slippery Rock Borough Solicitors and Temporary Business Ordinance."
This article is enacted and ordained under the grant of powers by the General Assembly of the Commonwealth of Pennsylvania in the Pennsylvania Municipalities Planning Code.
Editor's Note: See 53 P.S. § 10101 et seq.
This article is enacted to monitor and control the activities of solicitors and temporary businesses that would not be covered by the zoning process so as to maintain the health, safety, and welfare of the Borough residents.
Any solicitor or temporary business, as defined in this article, must obtain a permit from Slippery Rock Borough.
As used in this article, the following terms shall have the meanings indicated:
- CHARITABLE EVENT
- An event sponsored by an IRS 501(c)(3) organization with its sole purpose to benefit a community or charitable cause.
- NONPROFIT ORGANIZATION
- Organizations which are exempt from taxation by the United States Treasury Department, such as religious or charitable organizations.
- The legal or beneficial owner(s) of land, including the holder of an option or contract to purchase, whether or not such option or contract is subject to any condition.
- PUBLIC RIGHT-OF-WAY
- Subject to the provisions under Subsection B, Exclusions, of this section, "public right-of-way" shall be defined as the width of the paved roadway and all berms and sidewalks adjacent thereto in which the public has the right to travel thereover.
- Any person or group engaging in the activity of canvassing, peddling or soliciting for the sale or purchase of goods, services or contributions within the municipality, whether by foot, from a structure, from the use of a vehicle or telephone, or in any other manner.
- TEMPORARY BUSINESS
- Any person or group engaging on a limited-time basis, not to exceed 13 weeks, in the purchase or sale of goods, services or solicitation of contributions at a fixed location within the Borough.
Exclusions. The foregoing definitions shall be deemed not to include any of the following activities and are excluded from permits and fees, except that such activities shall be subject to § 213-14C(3)(b) and (c):
Campaigning for political office, whether conducted in person, in public, by telephone or by mail.
The solicitation of donations by mail or by telephone.
Any sale, collection of money, taking of orders for personal property or rendering of services at a prearranged appointment at a properly zoned location.
Produce that was grown on the premises.
Yard sales or garage sales which occur solely on an individual's private property and are conducted for no more than six days total per year.
Outdoor, on-premises, business displays (sidewalk sales), not to exceed three feet from the front wall of the business and arranged to minimize obstruction of the walkway.
A fund-raising activity conducted by an organization, on its own property, for a charitable event.
A promotional activity conducted by a business that involves celebrities, such as sports or entertainment celebrities, or costumed individuals, such as Santa Claus, the Easter Bunny and various other costumed animals, that are used solely to attract customers, as long as such activity does not occur within the public right-of-way or does not block vehicular or sidewalk access.
Any temporary business that is conducted within the interior of an existing store or business office. Note: such temporary businesses are responsible for obtaining a zoning permit if a change of use is to occur.
Any official event as recognized by the Slippery Rock Borough Council, such as parades, street fairs or similar events.
Issuance and display of permit.
Prior to the beginning of any activity, a solicitor or temporary business must submit an application to the Slippery Rock Borough Code Enforcement Office and obtain a permit. When the Borough has approved the solicitor's or temporary business application, the applicant shall be issued a permit. The permit shall contain the information required on the application and the expiration date, and a photograph of the applicant, which was submitted with the application, shall be attached. The permit shall be carried by each solicitor or openly displayed by each temporary business at all times when engaged in such activity and shall be exhibited for inspection to any person approached for purposes of soliciting or temporary business sales.
A temporary business operator who wishes to utilize a temporary structure and temporary signs in association with the temporary business operations is required to obtain a license from the Slippery Rock Borough Code Enforcement Office or its designee. The license will be a consolidated permit/license authorizing business operations in accordance with all applicable codes and ordinances of Slippery Rock Borough and will include signs licensed on a temporary basis and temporary structure installation in accordance with all applicable codes and ordinances of Slippery Rock Borough. The license term will not exceed the maximum 60 days permitted by this article. Temporary sign display area shall not exceed the maximum 50 square feet at any given time and shall run consecutively with the valid license period of the temporary business. All temporary structures must obtain a permit, where applicable, and comply with all Building Code and Fire Prevention Code requirements.
Permit terms and fees.
The term of each solicitor's or temporary business permit shall be specified on the permit.
The fees for a solicitor's or temporary business permit shall be set by resolution of the Borough Council.
There shall be no fee for nonprofit organizations.
Licenses for temporary businesses shall be authorized on a weekly basis, not to exceed 13 weeks.
Limitations and restrictions. The permit for soliciting and temporary business sales shall be valid in all permitted districts, in accord with Chapter 375, Zoning, of the Code of the Borough of Slippery Rock.
Sundays. Soliciting is not permitted at any time on Sundays.
Mondays through Saturdays. Soliciting shall be permitted in all residential districts and at residential structures and in commercial zoning districts between the hours of 9:00 a.m. and 7:00 p.m. Soliciting shall be permitted in commercial and industrial zoning districts between the hours of 9:00 a.m. and 9:00 p.m.
No soliciting shall be conducted during federal legal holidays.
A solicitor shall not be permitted to make or cause to be made any loud noise to attract attention or for any other purpose. Such noises may include but shall not be limited to shouting, the use of loudspeakers, horns, drums, etc.
A permit only allows access to entrance points to all private property. Property owners shall remain in complete control of internal access to their properties.
Solicitors and temporary businesses.
There shall be no physical contact by the solicitor or temporary business without the person's consent. This shall be deemed to include not only physical force or restraint but also the act of placing objects on the person, clothing, property or vehicle of the potential buyer or contributor.
A solicitor or temporary business shall not block or interfere with the movement of any pedestrian or vehicle on any public sidewalk or street.
A solicitor or temporary business shall not conduct any activity within public rights-of-way.
Issuance and display of permit. Prior to beginning any charitable event, the sponsoring organization must submit an application with a photograph of the applicant to Slippery Rock Borough and obtain a permit. When the Borough has approved the submitted application, the applicant shall be issued a permit. The permit shall contain the information required on the application and the expiration date. The permit shall be retained by the applicant at all times when engaged in such activity and shall be available for inspection to any person approached for purposes of sales or event activities.
It shall be a violation for any person to fail to observe this article, with fines and penalties for failure to observe this article, which shall pertain to a person or business who violates any portion of this article, including but not limited to one who:
Whenever the Code Enforcement Officer or his/her designee determines that there has been a violation of this article or has grounds to believe that a violation has occurred, notice shall be given in writing, and it shall include the following:
Any person who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Butler County.
This article shall become effective on June 6, 2007.