Borough of Shippensburg, PA
Cumberland County
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Table of Contents
Table of Contents
[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 (This ordinance also repealed former Ch. 114, Peddling and Soliciting, adopted at time of adoption of Code 12-30-1985 by Ord.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. 
For the purpose of this chapter, the following words as used herein shall be considered to have the meanings herein ascribed thereto:
MORAL TURPITUDE
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]
PEDDLING
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.
REGISTERED SOLICITOR
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.
RESIDENCE
Includes every separate living unit occupied for residential purposes by one or more persons, contained within, any type of building or structure.
SOLICITING
Includes any one or more of the following activities:
(1) 
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.
(2) 
Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or publication.
(3) 
Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other kind of publication.
(4) 
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.
SOLICITOR, PEDDLER or TRANSIENT VENDOR
Any person who shall engage in soliciting, peddling or transient vending, respectively, as hereinabove defined.
(1) 
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.
(2) 
The foregoing notwithstanding, however, a transient merchant shall not include the following:
(a) 
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;
(b) 
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;
(c) 
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
(d) 
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.
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.