CHAPTER 10.*
HAWKERS AND PEDDLERS.

§ 10-1. Permit required.

§ 10-2. License to barter or sell– Required– Exception.

§ 10-3. Requirements– Same.

§ 10-4. Requirements– Same.

§ 10-5. Assignment.

§ 10-6. Vehicles.

§ 10-7. Failure to comply.

§ 10-8. Sale or use of certain amusement products prohibited in public areas.

* Prior code history: Prior code § 10-1, R. O. 1962, ch. 41, § 24; and §§ 10-2– 10-7, R. O. 1960, ch. 33, §§ 1– 6.

Sec. 10-1. Permit required.

As used in this chapter the words "Hawkers and Peddlers" shall mean and include any person, either principal, or agent, who goes from town to town or from place to place in the same town selling or bartering, or carrying for sale or barter or exposing therefor, any goods, wares or merchandise, either on foot, on or from an animal or vehicle, as described in M.G.L. chapter 101, section 13.

Sec. 10-2. License to barter or sell– Required– Exception.

No person shall hawk, peddle or barter any goods or merchandise within the limits of the City of Leominster, except as authorized by law, without first obtaining a license to do so from the city council, and upon payment of a fifty dollar license fee, said fee is in conformity with chapter 101 of Massachusetts General Laws. This said license shall remain in force so long as the licensee shall continuously keep and expose for sale in such city such stock of goods, wares or merchandise, but not later than the first day of January following its date. This requirement shall not apply to any hawking or peddling of newspapers, religious publications, ice, flowering plants and flowers, and wild fruits, nuts and berries.

Sec. 10-3. Requirements– Same.

The sale by hawkers and peddlers of jewelry, furs, wines or spirituous liquors, small artificial flowers or miniature flags is prohibited.

Sec. 10-4. Requirements– Same.

Any person licensed under this regulation shall keep said license in his/her possession, and such license shall be readily available for display. The license shall indicate the license number and shall include the licensee's signature and date of the license expiration. The licensee shall display such license when requested to do so by an officer of the police department.

Sec. 10-5. Assignment.

No person licensed under this by-law shall conduct business in such a manner as would impede foot or vehicular traffic along or to a public way or public street or public sidewalk or access road or driveway. All hawkers and peddlers shall have adequate trash control.

Sec. 10-6. Vehicles.

Vehicles utilized for the selling of frozen desserts or confections must have installed on said vehicle an amber flashing light visible from the front and rear of the vehicle and such light must be flashing when the vehicle is stopped for the purpose of transacting business.

Sec. 10-7. Failure to comply.

If a hawker or peddler who sells or barters or carries for sale or barter or exposes therefor any goods, wares or merchandise, excepts as permitted by this section, shall forfeit not more than two hundred dollars, to be equally divided between the Commonwealth of Massachusetts and the city in which the offense has been committed. Failure to comply with this regulation may also result in suspension or revocation of license(s) granted hereunder.

Sec. 10-8. Sale or use of certain amusement products prohibited in public areas.

(a) Definitions. As used in this section, the following terms shall have the following meanings indicated:

"Aerosol can amusement product" means any other product sold or used for amusement in an aerosol can or other container which ejects, emits or expels any paint, shaving cream, foam, noxious or flammable material or a similar product or article having an equivalent effect.

"Imitation cigarettes" means a certain amusement product sold or used for amusement in a container or manner holding any material when puffed on or inhaled or exhaled produces an effect of smoking.

"Silly string" means a certain amusement product sold or used for amusement that ejects a soft rubbery substance from a container that after being sprayed, generally resembles a string or string-like material, or a similar article or product having an equivalent effect.

"Whipper snappers/stink bomb" means a certain amusement product sold or used for amusement in any container holding any material which, when exposed to air, or ignited by any action or device, produces any quantity of visible detectable smoke-like emission or makes loud noises or causes an audible explosion or an offensive odor, or a similar article or product having an equivalent effect.

(b) Prohibition on the Sale or use of Certain Amusement Products. No person, corporation or entity shall use in any public place or offer or display for sale or sell amusement products defined herein as silly string, whipper snappers, stink bombs, imitation cigarettes, other aerosol can amusement products, toy guns, rifles, swords and all weapons within the city during the twenty-four hours preceding and during the entire operation and duration of any parade, festival, concert, other public event, gathering, and civic day events, at the following places:

(1) At, within, or upon any public place or place to which the public has access including parks, playgrounds, public buildings, places of business or amusement, public streets, public and private sidewalks, access ways, highways or ways of public passage, parking lots, malls or shopping centers to which the public has access as invitees or licenses.

(c) Enforcement. Any regular or special police officer of the city, may take any and all actions reasonable and necessary to enforce this section, including, but not limited to, inspecting any vendors or public premises to verify compliance.

(d) Violations and Penalty. Any person, corporation or entity violating any provision of this article shall be punished by a fine of three hundred dollars for each such offense.

(7-10-00; 10-25-04.)