[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.
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:
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"Only Solicitors or Peddlers Registered
in Borough
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of Shippensburg Invited"
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or
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"No Solicitors or Peddlers Invited"
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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.
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.
E. Persons who have been licensed by the Commonwealth of Pennsylvania to engage in an activity described in §
114-1 hereof, when so engaged, including, without limitation, real estate, insurance and securities brokers and salesmen.
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.