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Borough of Slippery Rock, PA
Butler County
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Table of Contents
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New Laws (2) Index
[HISTORY: Adopted by the Borough Council of the Borough of Slippery Rock 7-12-2022 by Ord. No. 718.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 213, Peddling and Soliciting, which consisted of Art. I, Peddling, adopted 4-3-2001 by Ord. No. 582 (Ch. 13, Part 3, of the 1983 Code), as amended, and Art. II, Solicitors and Temporary Businesses, adopted 6-6-2007 by Ord. No. 636 (Ch. 13, Part 1, of the 1983 Code), as amended.
The purpose of this chapter is to protect, maintain and enhance the public health, safety, and general welfare by regulating peddling and solicitation. It is Slippery Rock Borough's intention to protect the privacy of its residents and protect its residents from fraudulent or criminal activity that may be perpetrated in connection with, or under the guise of, door-to-door solicitation.
As used in this chapter, the following terms shall have the meanings indicated:
PEDDLER or SOLICITOR
Any person, whether a resident of Slippery Rock Borough 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, without previous appointment, and engaged in any form of sale or solicitation of any goods, services, pledges or subscriptions, including but not limited to the following activities:
A. 
Carrying, conveying or transporting personal property, goods, wares, merchandise, or food, offering and exposing the same for sale or making sales and delivering articles to purchasers;
B. 
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 attempting to take or taking orders for services to be furnished or performed in the future or for subscriptions, contributions or any other kind of support, whether or not such individual has or 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;
C. 
Without necessarily having the intention of making a direct sale, distribution of literature, pamphlets, handbills, samples and the like for the purpose of information, advertising or for other purposes such as the furtherance of public economic or social beliefs, doctrines, systems or projects; or
D. 
Gratuitously seeking monetary contributions for themselves or others.
PERSON
Any natural person, association, partnership, firm or corporation.
It shall be unlawful for any person to engage in peddling or solicitation within Slippery Rock Borough without first having obtained from the Chief of Police a license as provided in this chapter.
The regulations of this chapter shall not be applicable to the following:
A. 
Sales conducted pursuant to statute.
B. 
Sales conducted pursuant to order of any court of law or equity.
C. 
Any person selling personal property at wholesale to dealers and such articles.
D. 
Any farmer selling their own produce, either from the site where the produce is grown, or as part of a farmer's market.
E. 
The sale of personal property owned by the owner or occupant of any residential structure by means of a garage, yard, porch or similar sale for no more than four days in any calendar year.
F. 
The sale of newspapers.
G. 
Fund-raising sales conducted by the following types of groups:
(1) 
Individuals or groups associated with organizations of public school districts (i.e., P.T.O.).
(2) 
Boy Scouts and Girl Scouts and their affiliated organizations.
(3) 
Slippery Rock Borough youth sport groups.
(4) 
Firefighters and first responders.
H. 
Any persons conducting sales at a scheduled event on Slippery Rock Borough property or PennDOT roadways.
A. 
Applicants for a license under this chapter must file with the Manager a sworn application, in writing, on a form to be furnished, which shall give the following information:
(1) 
The name and physical description of the applicant.
(2) 
A complete permanent home and full local address of the applicant and, in the case of transient merchants and itinerant vendors, the local address from which proposed sales will be made.
(3) 
A brief description of the nature of the business and/or the goods to be sold.
(4) 
If employed, the name and address of the employer, the name and address of the employee's immediate supervisor, together with credentials establishing the exact employment relationship.
(5) 
The length of time for which the right to do business is desired.
(6) 
If a vehicle is to be used, a description of the same, together with the license plate number or other means of identification.
(7) 
The source of supply of the goods or property proposed to be sold or orders taken for the sale thereof and the proposed method of delivery.
(8) 
One recent photograph of the applicant, which shall be approximately one inch by one inch, showing the head and shoulders of the applicant in a clear and distinguishing manner.
(9) 
A statement as to whether or not the applicant has been convicted of any crime or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
(10) 
Any additional information the Chief of Police may find reasonably necessary for a fair determination as to whether the proposed activity will endanger the health, safety, and welfare of Borough residents.
B. 
At the time of the submission of the application, an investigation fee shall be paid to the Manager to cover the cost of the background investigation. The fee amount shall be established by Borough Council by resolution.
A. 
Upon receipt of such application, the original shall be referred to the Slippery Rock Borough Chief of Police, who shall cause such investigation of the applicant's business and moral character to be made as he or she deems necessary for the protection of the public safety and welfare.
B. 
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and his reasons therefor and return said application to the Manager, who shall notify the applicant of the disapproval and that no license will be issued.
C. 
If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on such application his approval, and return said application to the Manager, who shall, upon payment of the prescribed fee, execute and deliver to the applicant a license for the carrying on of the business applied for.
D. 
Such license shall contain the signature of the Manager and shall show the company name, company address and photograph of said licensee, and the kind of goods to be sold thereunder, the date of issuance and the length of time the permit shall be operative.
E. 
The Slippery Rock Borough Police Department shall keep a permanent record of all licenses issued and those rejected.
The fee for each license application pursuant to this chapter shall be established through resolution of the Slippery Rock Borough Council and shall be set forth in the Fee Schedule on file in the Borough Manager's office. Licenses shall be issued on a daily, weekly, or monthly basis, with the requested duration being indicated in the application. The license fees are separate from, and in addition to, the investigation fees required for each applicant. Every license holder shall carry such license visibly around the neck or chest if engaged in transient retail business from house to house or upon any of the streets, alleys, sidewalks or public grounds. They shall exhibit such license, upon request, to all police officers, municipal officials and citizens or residents of the Borough.
No solicitor or peddler shall:
A. 
Sell any product or type of product not mentioned in his license.
B. 
Hawk or cry his wares upon any of the streets, alleys, sidewalks or public grounds in the Borough.
C. 
When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Borough for longer than necessary in order to sell therefrom to persons residing or working in the immediate vicinity, except as part of an organized fair or festival.
D. 
Engage in any business activity, except by prior appointment, at any time before 10:00 a.m. or after 8:00 p.m. on any day of the week unless as part of any organized fair or festival.
E. 
Carry on transient retail business activities at a private residence or business premises exhibiting a sign reading "no solicitors" or words of similar meaning.
F. 
Carry on transient retail business activities at a private residence or business premises on the list of residences requesting no solicitation ("no soliciting list") as supplied by the Borough to any license holder.
G. 
Refuse to leave the premises when asked to do so by the occupant of the premises.
H. 
Conduct activities in an unlawful, fraudulent or criminal manner or so as to constitute a breach of the peace.
A. 
The Chief of Police, his or her designee, and/or the Code Enforcement Officer shall supervise the activities of all persons holding licenses under this chapter. He/she shall keep a record of all licenses issued hereunder and reports of any violations.
B. 
The Chief of Police shall maintain a list of the addresses of residents who have stated, in writing or by telephone call to the Police Department, that they do not wish to be solicited at any time. A copy of such list shall be supplied along with, and as part of, any peddling or solicitation license issued hereunder.
A. 
The Chief of Police is hereby authorized to deny, suspend or revoke any license applied for or issued under this chapter when he finds that such denial, suspension or revocation is supported by any of the following grounds:
(1) 
It is necessary to protect residents from annoyance or intrusions during hours of rest or to deter or prevent crime or potential crime by a particular license applicant or holder.
(2) 
Fraud, misrepresentation, or false statement contained in the license application.
(3) 
Fraud, misrepresentation, or false statement made in the course of carrying on the activities of a solicitor or peddler.
(4) 
Any violation of this chapter.
(5) 
Conducting peddling or solicitation activities in an unlawful manner or so as to constitute a breach of the peace.
(6) 
Refusing to leave premises when asked to do so by the occupant of the premises.
(7) 
Engaging in peddling or solicitation at residential premises posted with a "no solicitors" or similar sign or at residential premises identified on the Borough's "no soliciting" list accompanying the issuance of a license hereunder.
B. 
License denials, suspensions or revocations shall be in writing, state the grounds therefor, and advise of the opportunity to file an appeal therefrom with the Borough Council within 10 days from the date of the denial, suspension or revocation. Appeals from any denial, suspension or revocation of a license may be made to the Borough Council at any time within 10 days after such suspension, revocation or denial, and a hearing shall be held within 30 days of the filing of such appeal. No part of a license fee shall be refunded to any person whose license shall have been suspended or revoked.
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be punished by a fine of not less than $100 nor more than $600 plus costs and, in default of payment of said fine and costs, shall be committed to a term of imprisonment not to exceed 30 days. Each day that any person, firm, or corporation engages in activities set forth herein in violation of this chapter shall constitute a separate offense.