[HISTORY: Adopted by the Borough Council
of the Borough of Shippensburg 5-17-1988 by Ord. No. 563, approved 5-17-1988. (This ordinance
also repealed former Ch. 114, Peddling and Soliciting, adopted at
time of adoption of Code 12-30-1985 by Ord. No. 539.) Amendments noted where
applicable.]
GENERAL REFERENCES
Park regulations — See Ch. 110.
A.
MORAL TURPITUDE
PEDDLING
REGISTERED SOLICITOR
RESIDENCE
SOLICITING
(1)
(2)
(3)
(4)
SOLICITOR, PEDDLER or TRANSIENT VENDOR
TRANSIENT VENDOR
(1)
(2)
(a)
(b)
(c)
(d)
For the purpose of this chapter, the following words
as used herein shall be considered to have the meanings herein ascribed
thereto:
Conduct that is considered contrary to community standards
of honesty, integrity, good morals and justice, as well as any vile
conduct, or conduct that is not conducive to a healthy and safe community
environment.
[Added 9-2-2014 by Ord. No. 905, approved 9-2-2014]
The selling or offering for sale tangible commodities, merchandise,
articles or things, from house to house or on the streets or in any
public place, where delivery of said goods is made at the time of
the sale.
Includes any person who has obtained a valid certificate
of registration as hereinafter provided, which certificate is in the
possession of the solicitors on his or her person while engaged in
soliciting.
Includes every separate living unit occupied for residential
purposes by one or more persons, contained within, any type of building
or structure.
Includes any one or more of the following activities:
Seeking to obtain orders for the purchase of
goods, wares, merchandise, foodstuffs, services of any kind, character
or description whatever, for any kind of consideration whatever.
Seeking to obtain prospective customers for
application or purchase of insurance of any type, kind or publication.
Seeking to obtain subscriptions to books, magazines,
periodicals, newspapers and every other kind of publication.
Seeking to obtain gifts or contributions of
money, clothing or other valuable things for the support or benefit
of any charitable or nonprofit association, organization or corporation.
Any person who shall engage in soliciting, peddling or transient
vending, respectively, as hereinabove defined.
Any person, firm or corporation, whether an
owner, agent, consignee or employee, or whether a resident within
the city limits, that engages in a temporary business of selling and/or
delivering goods, wares or services. The above definition shall not
include the sale of housewares, baskets, household items or the like
to groups of individuals, where said meeting has been arranged in
advance and is sponsored by a resident of the Borough.
The foregoing notwithstanding, however, a transient
merchant shall not include the following:
A person, firm or corporation who shall occupy
any of the aforesaid places for the purpose of conducting a permanent
business therein; provided, however, that no person, firm or corporation
shall be relieved from the provisions of this chapter by reason of
a temporary association with any local dealer, trader, merchant or
auctioneer or by conducting such temporary or transient business in
connection with or as a part of or in the name of any local dealer,
trader, merchant or auctioneer;
Any sales of merchandise damaged by smoke or
fire or of bankrupt concerns, where such stocks have been acquired
from merchants of the Borough; provided, however, that no such stocks
of merchandise shall be augmented as new goods;
A person who sells his own property, which was
not acquired for resale, barter or exchange and who does not conduct
such sales or act as a participant by furnishing goods in such a sale
more than two times during any calendar year; or
Art exhibits where participating artists sell
their original works and which do not contain any sales or art works
purchased elsewhere and held for resale.
B.
Usage. The singular shall include the plural.
[Amended 9-2-2014 by Ord. No. 905, approved 9-2-2014]
A.
Every person desiring to engage in soliciting, peddling, and/or transient
vending, as the terms are defined herein, from persons in residences
and/or businesses within the Borough is hereby required to make written
application for a certificate of registration, as hereinafter provided,
with the Borough of Shippensburg Police Department and submit the
application for a certificate of registration with the following conditions:
(1)
All applications must be submitted 10 business days prior to the
event. Applications submitted less than 10 business days prior to
the event may be either reviewed or rejected, at the sole discretion
of the Shippensburg Police Department; and
(2)
Provide a criminal history check, from the registrant's home
state, completed not more than three months prior to the date application
is made; and
(3)
Provide an updated criminal history check to the Borough of Shippensburg
Police Department every three months while the permit is valid and
in place. Failure to provide this information will be grounds for
revoking of the permit.
B.
Nonprofit organizations located within 12 miles of the corporate boundaries of the Borough of Shippensburg are required to register and complete the required criminal history check for the person directly responsible for the individual(s) performing the soliciting or peddling; however, no fees are required. Nonprofit organizations located greater than 12 miles from the corporate boundaries of the Borough of Shippensburg are required to make written application for a certificate of registration with the Borough of Shippensburg Police Department, as identified in Subsection A above, including payment of all applicable fees.
C.
Every person desiring to engage in soliciting, peddling and/or transient
vending regarding mobile food truck/food trailer operations is required
to register annually with the Borough of Shippensburg Police Department
and submit the application for a certificate of registration with
the following conditions:
(1)
All applications must be submitted 10 business days prior to the
event; and
(2)
Provide a criminal history check, from the registrant's home
state, completed not more than three months prior to the date application
is made; and
(3)
Provide an updated criminal history check to the Borough of Shippensburg
Police Department every three months while the permit is valid and
in place. Failure to provide this information will be grounds for
revoking of the permit; and
(4)
Each employee of the vendor providing service within the corporate
boundaries of the Borough of Shippensburg is required to register
with the Borough of Shippensburg Police Department.
A.
Application for a certificate of registration shall
be made upon a form provided by the municipality. The applicant shall
truthfully state in full the information requested on the application,
to wit:
(1)
The name and address of the present place of residence
and length of residence at such address; also the business address
if other than the present address.
(2)
The address of the place of residence during the past
three years if other than the present address.
(3)
The age of the applicant.
(4)
A physical description of the applicant.
(5)
The name and address of the person, firm or corporation
or association whom the applicant is employed by or represents; and
the length of time of such employment or representation.
(6)
The name and address of the employer during the past
three years if other than the present employer.
(7)
A description sufficient for identification of the
subject matter of the soliciting in which the applicant will engage.
(8)
The period of time for which the certificate is applied.
(9)
The date, or approximate date, of the latest previous
application for certificate under this chapter, if any.
(10)
Whether a certificate. of registration issued to the
applicant under this chapter has ever been revoked.
(11)
Whether the applicant has ever been convicted of a
violation of a felony under the laws of the state or any other state
or federal law of the United States.
(12)
The names of magazines, journals or books to be sold,
if any.
(13)
The names of the three most recent communities where
the applicant has solicited house-to-house.
(14)
The proposed method of operation.
(15)
The signature of the applicant.
(16)
The social security number of the applicant.
(17)
The sales tax identification number of the applicant.
B.
All statements made by the applicant upon the application
or in connection therewith shall be under oath.
C.
The Chief of Police shall cause to be kept in his
office an accurate record of every application received and acted
upon, together with all other information and data pertaining thereto
and all certificates of registration issued under the provisions of
this chapter, and of the denial of applications. Applications for
certificates shall be numbered in consecutive order as filed, and
every certificate issued, and any renewal thereof, shall be identified
with the duplicate number of the application upon which it was issued.
D.
No certificate of registration shall be issued to
any person who has been convicted, of the commission of a felony under
the laws of the state or any other state or federal law of the United
States within five years of the date of the application, nor to any
person who has been convicted of a violation of any of the provisions
of this chapter, nor to any person whose certificate of registration
issued hereunder has previously been revoked as herein provided.
A.
Revocation.
(1)
Any certificate of registration issued hereunder shall
be revoked by the Chief of Police or his agent if the holder of the
certificate is convicted of a violation of any of the provisions of
this chapter or has made a false material statement in the application
or otherwise becomes disqualified for the issuance of a certificate
of registration under the terms of this chapter. Immediately upon
such revocation, written notice thereof shall be given by the Chief
of Police to the holder of the certificate in person or by certified
United States mail addressed to his or her residence address as set
forth in the application.
(2)
Immediately upon the giving of such notice, the certificate
of registration shall become null and void.
B.
The certificate of registration shall state the expiration
date thereof. The certificate of registration shall be valid for a
one-month period from the date of issuance. In no event shall the
permit be issued for more than a one-month period. The applicant must
submit a new application and pay the application fee for any renewal
of a certificate of registration/permit.
[Amended 8-1-2000 by Ord. No. 724, approved 8-1-2000]
Every person desiring to secure the protection
provided by the regulations pertaining to soliciting contained in
this chapter shall comply with the following directions, to wit: Notice
of the determination by the occupant of giving invitation to solicitors
or peddlers, or the refusal of invitation to solicitors or peddlers,
to any residence shall be given in the manner following:
A.
A weatherproof card, approximately three inches by
four inches in size, shall be exhibited upon or near the main entrance
door to the residence, indicating the determination by the occupant,
containing the applicable words, as follows:
|
"Only Solicitors or Peddlers Registered
in Borough
| |
|
of Shippensburg Invited"
| |
|
or
| |
|
"No Solicitors or Peddlers Invited"
|
B.
The letters shall be at least 1/3 inch in height. For the purpose
of uniformity, the cards shall be provided by the Borough Office of
the Borough of Shippensburg, as well as the Shippensburg Borough Police
Department, to persons requesting, at the cost thereof.
[Amended 9-2-2014 by Ord. No. 905, approved 9-2-2014]
C.
Such card so exhibited shall constitute sufficient
notice to any solicitor or peddler of the determination by the occupant
of the residence of the information contained thereon.
A.
It shall be the duty of every solicitor or peddler,
upon going onto any premises in the municipality upon which a residence
as herein defined is located, to first examine the notice provided
for in this chapter, if any is attached, and be governed by the statement
contained on any notice. If the notice states "Only Solicitors or
Peddlers Registered in Borough of Shippensburg Invited," then a solicitor
or peddler not possessing a valid certificate of registration as herein
provided shall immediately and peacefully depart from the premises,
and if the notice states "No Solicitors or Peddlers Invited," then
the solicitor or peddler, whether registered or not, shall immediately
and peacefully depart from the premises.
B.
Any solicitor or peddler who has gained entrance to
any residence, whether invited or not, shall immediately and peacefully
depart from the premises when requested to do so by the occupant.
It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupancy of such residence, for the purpose of securing on audience with the occupant thereof and engage in soliciting or peddling, as herein defined, in defiance of the notice exhibited at the residence in accordance with the provisions of § 114-6 of this chapter.
[Amended 9-2-2014 by Ord. No. 905, approved 9-2-2014]
It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether registered under this Chapter 114 or not, to go upon any premises and ring the doorbell upon or near any door of a residence located thereon or rap or knock upon any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant thereof and engage in soliciting or peddling as herein defined prior to 9:00 a.m. prevailing time or after dusk, Monday through Saturday. Additionally, it shall constitute a nuisance to conduct these activities at any time on a Sunday or on a state or national holiday.
[Amended 8-1-2000 by Ord. No. 724, approved 8-1-2000; 9-2-2014 by Ord. No.
905, approved 9-2-2014]
A.
No permit shall be issued under this chapter except upon payment of a fee hereinafter specified, to be made at the Shippensburg Borough Office. The fee shall be $15 per application per person, or as established by resolution, made at the Borough of Shippensburg Police Department. Where application is made less than 10 business days prior to the event, the Borough of Shippensburg Police Department may, at its sole discretion, review the permit, subject to the conditions of § 114-2, at a cost of $30.
B.
Where an application is made for an organization, business or entity,
the fee shall be the same as above for such business, organization
or entity, together with 1/2 of such fee added for each person representing
such organization, business or entity and engaged in such peddling,
merchandising, or soliciting within the Borough. The application fees
for permits, whether approved or rejected, are nonrefundable.
[Amended 9-2-2014 by Ord. No. 905, approved 9-2-2014]
A.
Upon registering with the Borough of Shippensburg Police Department as set forth in this Chapter 114, each solicitor or peddler shall be issued a license or permit and may be permitted to solicit or peddle within the Borough for the licensed period beginning on the date such license or permit is issued and ending on the expiration date thereof; provided, however, that no person shall be permitted to solicit or peddle within the Borough if that person has been convicted of any of the following: a crime of moral turpitude; a sexual offense of any manner; any offense associated with Megan's Law; a felony offense within the last five years; or a first- or second-degree misdemeanor within the last five years.
B.
Each license or permit shall be valid for a period of 30 days, except for nonprofit organizations and food truck/food trailer permits, which are valid for one calendar year (January 1 through December 31), subject to revocation as provided for in this chapter. Each solicitor or peddler, including but not limited to any individuals, organizations, businesses, and/or entities who desire to engage in peddling, merchandising or soliciting following the expiration of said license or permit, shall reapply and obtain a new permit in accordance with § 114-2 of this chapter.
[Amended 8-20-2002 by Ord. No. 759; approved 8-20-2002]
A.
Every solicitor or peddler shall, at all times while
engaged in soliciting or peddling in the Borough, display evidence
of such registration upon his/her person and shall exhibit such evidence
upon request to all police officers, Borough officials and citizens.
No solicitor or peddler shall engage in selling or offering for sale
or in seeking or taking of orders or contracts for any goods, wares,
merchandise, article, device, subscription, contribution, service
or contract not mentioned upon such license, nor shall any person
use any vehicle for soliciting or peddling other than the vehicle
registered upon his/her license.
B.
Every solicitor, peddler or transient vendor shall
be subject to and shall abide by restrictions set forth in any Borough
Emergency Management Plan which prohibits vending, peddling or soliciting
in a prescribed area. Any solicitor, peddler or transient vendor who
engages in soliciting, peddling or vending in a restricted area shall
be in violation of this chapter.
No person engaged in soliciting or peddling
shall hawk or cry his goods, wares, merchandise, articles, contracts
or services upon any of the streets or sidewalks of the Borough, nor
shall he use any loudspeaker or horn or any other device for announcing
his presence by which members of the public are annoyed.
No person engaged in soliciting or peddling
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 or merchandise
or any samples, order books, contracts, circulars, literature or advertising
matter pertaining thereto, nor may any such person place or deposit
any refuse upon any such streets or alleys, nor may any such person
maintain or keep a street or curbstone market or soliciting or peddling
office by parking any vehicle upon any street or alley in the Borough
for longer than necessary in order to solicit from or peddle to persons
residing in the immediate vicinity.
No person engaged in soliciting or peddling
shall occupy any fixed location upon any of the streets or alleys
or sidewalks of the Borough for the purpose of soliciting or peddling,
with or without any stand or counter.
The Chief of Police shall keep a record of all
registrations made under this chapter, and the Chief of Police or
his agents or representatives shall supervise the activities of all
holders of such licenses.
The following persons are exempt from the fee
requirements of this chapter:
A.
Farmers engaged in selling only the produce of their
own farms from a truck or other vehicle.
B.
Persons engaged in the sale of goods, wares and merchandise
donated by the owner thereof, the proceeds whereof are to be applied
to any charitable, nonprofit, religious or philanthropic purpose.
C.
An honorably discharged soldier, sailor or marine
of the military or naval service of the United States who is a resident
of this commonwealth and who is unable to earn a livelihood by manual
labor or otherwise.
D.
Persons representing local volunteer fire companies
and local nonprofit civic organizations, and community events sponsored
by a nonprofit civic organization.
Each permit shall be issued in card form, shall
be carried by the person for whose benefit it is issued and shall
contain the following the number of the permit; the fee paid; the
date of issue; the expiration date; the permit holder's name, age,
height weight and color; the name of the employer; the address and
signature of the holder. The reverse side of such permit shall contain
any regulations then in effect and controlling the holder, as well
as any conditions and/or limitations to which permit is subject.
Any person whose license has been revoked under
the provisions hereunder shall be entitled to appear with counsel,
if desired, before the Council of the Borough of Shippensburg, at
a regular or special meeting and be heard in behalf of a request for
reinstatement of such license.
[Amended 9-2-2014 by Ord. No. 905, approved 9-2-2014]
A.
Any violation of this chapter may result in an action being brought
before a magisterial district judge in the same manner provided for
the enforcement of summary offenses under the Pennsylvania Rules of
Criminal Procedure. The fine for such violation shall not be less
than $100 nor more than $1,000 for each violation. A separate offense
shall arise for each day or portion of a day in which a violation
is found to exist, or for each section of this chapter which is found
to have been violated.
B.
This chapter may be enforced through an action in equity brought
in the Court of Common Pleas in the county in which the subject property
is located.
C.
Any person found guilty of violating this chapter may be assessed
court costs and reasonable attorney fees incurred by the Borough in
the enforcement proceedings brought in accordance with this chapter.
