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.
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.
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.
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.