Borough of Chambersburg, PA
Franklin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Town Council of the Borough of Chambersburg as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 125.
Picketing — See Ch. 212.
Street vending — See Ch. 254, Art. III.
[Adopted 8-23-1978 by Ord. No. 78-22]

§ 190-1 Municipal parking lots.

[Amended 8-12-1981 by Ord. No. 81-15; 4-10-1985 by Ord. No. 85-2]
It shall be unlawful for any person to linger on Chambersburg municipal parking lots within the Borough of Chambersburg or in vehicles parked thereon, between the hours of 10:00 p.m. and 8:00 a.m., prevailing time, for a purpose unconnected with lawful activity related to the use and purpose for which such parking lots were established, that is, for the parking of vehicles on and the removal of vehicles from such parking lots, provided that appropriate signs are erected that are either visible from the entrance to such parking lots or posted conspicuously on the premises so as to give reasonable notice.

§ 190-2 Private parking lots.

[Amended 8-12-1981 by Ord. No. 81-15; 4-10-1985 by Ord. No. 85-2]
It shall be unlawful for any person to linger on private parking lots within the Borough of Chambersburg established by the owners or lessees thereof for customers or invitees or in vehicles parked thereon, between the hours of 10:00 p.m. and 8:00 a.m., prevailing time, for a purpose unconnected with lawful activity related to the use and purpose for which such parking lots were established, that is, for parking of vehicles on and the removal of vehicles from such parking lots, provided that appropriate signs are erected by the owners or lessees that are either visible from the entrance to such parking lots or posted conspicuously on the premises so as to give reasonable notice.

§ 190-3 Exception.

The provisions of §§ 190-1 and 190-2 above shall not apply to any person while actually engaged in repairing a temporarily disabled vehicle for the purpose of removing it from the parking lot.

§ 190-4 Violations and penalties.

[Amended 9-22-2014 by Ord. No. 2014-09]
A. 
Any person and/or entity violating the provisions of Article I, entitled "Loitering in Parking Lots," shall, upon conviction thereof, be guilty of a summary offense and sentenced to pay a fine of not more than $50 and all court costs and reasonable attorney fees and, in the event of default of payment, such violator may be sentenced to imprisonment for a period not to exceed five days.
B. 
Borough Police officers and peace officers as defined in Chapter 286 of this Code are hereby duly authorized to issue a ticket in the form established by the Borough to any person and/or entity violating the provisions of this article. The ticket shall instruct such violator that if he, she, or it reports to the Borough office and pays to the Borough the sum of $25 within 72 hours of the date of issuance of the ticket, then such payment shall save the violator through prosecution by a citation, which prosecution may result in court costs and attorney fees being assessed against the violator in addition to the fine.
C. 
Notwithstanding the above, the police officer, peace officer as defined in Chapter 286, or any other authorized individual shall have the sole and absolute discretion to issue a citation without first issuing a ticket as provided for herein.
[Adopted 9-22-1999 by Ord. No. 99-17]

§ 190-5 Title.

This article shall be known as and may be cited as the "Chambersburg Commercial Hanging Around Ordinance."

§ 190-6 Legislative findings.

A. 
The Mayor and Town Council own the street and public sidewalk areas within the borough.
B. 
The public has the right to travel on the streets and travel over and assemble on public sidewalks.
C. 
It is a burden on the public's use of the sidewalk and street for persons to hang around for commercial purposes given the readily available alternate methods of handling commercial transactions, such as a shop or office, mail, door-to-door sales, brochures, newspapers, internet, television and radio.
D. 
When the burden on the use of the sidewalk and street caused by commercial hanging out becomes a public nuisance or a threat to the public safety, Council shall designate the area as a restricted area ("restricted area").
E. 
It is in the best interest of the public that a license be required to prevent restricted areas from being burdened by commercial hanging around.
F. 
In addition to freeing up the sidewalk and street areas for the purpose of travel and assembly, the purpose of this article is to reduce the noise, air pollution and congestion resulting from vehicles being stopped or slowing down because of commercial hanging around and to ensure access for safety vehicles to and through said designated areas by limiting commercial hanging around in restricted areas.

§ 190-7 Definitions.

As used in this article, the following terms shall have the meanings indicated:
A. 
Being on a public sidewalk or within the public street area;
B. 
Repeatedly engaging in commercial transactions; and
C. 
The commercial transactions are within 300 feet of any fixed point on a public sidewalk or street.
COMMERCIAL TRANSACTIONS
Exchanging any item for money regardless of purpose or intent.
REPEATEDLY
Two or more commercial transactions within any four-consecutive-hour period.
RESTRICTED AREAS
Areas defined by Town Council, after an advertised public hearing, by resolution, as areas where commercial hanging out is interfering with pedestrian and/or vehicle use to the extent that it amounts to a public nuisance or threat to public safety.

§ 190-8 Prohibited acts.

Commercial hanging around without a license is prohibited in the borough.

§ 190-9 Issuance of license.

A license for commercial hanging around shall be issued by the Borough Treasurer, or his designee, on the following conditions:
A. 
Photo identification as required to obtain a Pennsylvania driver's license, including name and address, is provided.
B. 
State sales tax license, when applicable under state law, is provided.
C. 
No license fee shall be required.
D. 
Signature of the applicant agreeing not to commercially hang around for more than two days in any thirty-day consecutive period is provided.
E. 
Licenses shall not be required for any of the exclusions permitted under Chapter 254, Article III, Street Vending, of this Code.

§ 190-10 Written warning to be provided.

No person shall be charged with commercial hanging around unless they have been provided a written warning after a commercial transaction has been observed.

§ 190-11 Enforcement.

Enforcement of this article may be by any Chambersburg police officer. Warnings and citations may be based on personal observation or on information and belief.

§ 190-12 Violations and penalties.

Each violation of this article shall be punishable by a fine of not less than $50 and not more than $600 or, in lieu of payment of this fine, imprisonment for not more than 30 days.