[HISTORY: Adopted by the City Council of the City of Northampton
as Ch. 16 of the 1977 Code. Amendments noted where applicable.]
For the purposes of this article certain words are defined as follows:
To sell and make immediate delivery, or offer for sale and immediate
delivery, any goods, wares or merchandise in possession of the seller, at
any place within the City other than from a fixed place of business.
Any person who peddles, as herein defined.
To sell or take orders or offer to sell or take orders, for goods,
wares or merchandise, for future delivery, or for services to be performed,
at any place within the City other than a fixed place of business.
Any person who solicits, as herein defined.
The provisions of this article shall not apply to salesmen or agents
for wholesale houses or firms who solicit orders from or sell to retail dealers
for resale, or to manufacturers for manufacturing purposes, or to bidders
for public works or supplies, nor to the delivery of dairy products on a regular
route basis.
A.
It shall be unlawful for any person to peddle or solicit
before the hour of 8:00 a.m. of any day or after the hour of 8:00 p.m. of
any day.
B.
No person shall cry any wares or ring or cause to be
used any noise-making instrument in any street, to the disturbance and discomfort
of the inhabitants thereof, for the purpose of advertising or for giving notice
of the exercise of a business or calling, or of the sale of any article.
No person hawking, peddling, soliciting or carrying or exposing for
sale any articles shall cry his wares to the disturbance of the peace, and
comfort of the inhabitants of this City.
It shall be unlawful for any peddler or solicitor or any person pretending
to be a peddler or solicitor for the purpose of peddling or soliciting or
pretending to peddle or solicit to ring the bell or knock at any building
whereon there is painted, affixed or otherwise displayed to public view any
sign containing any or all of the following words: "No Peddlers," "No Solicitors"
or "No Agents," or which otherwise purports to prohibit peddling or soliciting
on the premises.
No person hawking, peddling, soliciting or carrying or exposing for
sale any articles shall carry or convey such articles in any manner that will
tend to injure or disturb the public health or comfort nor otherwise than
in vehicles and receptacles which are neat and clean and do not leak.
It shall be unlawful for any peddler or solicitor to represent by words,
writing or action that he is some other peddler or solicitor, that he is a
partner, employee or agent of any peddler or solicitor when in fact he is
not the partner, agent or employee of such peddler or solicitor, or that he
is the employee, representative, agent or partner of any person, when in fact
he is not the employee, representative, agent or partner of such person.
A.
It shall be unlawful for any person to peddle or solicit
without having complied with the provisions of this section.
B.
Every person who desires to peddle or solicit shall register
in a registration book provided for that purposes in the Police Department
his name and address, the name and address of the person whom he represents,
the names and addresses of at least two references as to his moral character,
honesty and integrity, a brief description of the nature of the business in
which he is engaged, and the kind of goods or property to be peddled or solicited
for, if any, and such person shall furnish his fingerprints and thumb prints,
to be taken by the Police Department. Such registrant shall also furnish to
the Police Department a photograph of himself, taken within 60 days immediately
prior to the date of the registration, which picture shall be two inches by
two inches showing the head and shoulders of the registrant in a clear and
distinguishing manner; also, a statement as to whether or not the registrant
has been convicted of any crime, misdemeanor or violation of any provision
of this Code or other municipal ordinance, the nature of the offense, and
the punishment or penalty assessed therefor.
C.
Such registration shall be valid for a period of one
year, and such person must register at the end of each year period.
D.
As evidence of compliance with the provisions of this
section, the Police Department shall issue to each person who complies a permit
which shall show the name and address of such person, the name of the person
he represents or by whom he is employed, if any, and the kind of goods or
property to be peddled or solicited for.
No person shall be registered under the provisions of § 245-8 until he presents a certificate from the Sealer of Weights and Measures stating that all weighing and measuring devices intended to be used by such person have been duly inspected and sealed as required by law. The use of, or possession by such person with intent to use, any false or unsealed weighing or measuring devices shall be sufficient cause for the revocation of his license or the cancellation of his registration.
Every solicitor or peddler at all times while engaged in peddling or soliciting shall have in his immediate possession the permit issued to him under the provisions of § 245-9 and when so peddling or soliciting shall display the same upon demand of any police officer of the City and upon demand of any person to whom he is peddling or soliciting.
Permits issued pursuant to this article shall not be assigned or transferred,
nor shall they be used by any person other than the person to whom they were
issued.
A.
Permits issued pursuant to this article may be revoked
by the Chief of Police of the City, after notice and hearing for any of the
following causes:
(1)
Fraud, misrepresentation or any false statements made to the Police Department in furnishing the information required by § 245-8.
(2)
Any violation of this article.
(3)
Conviction of the permit holder of any felony or crime
involving moral turpitude.
(4)
Conducting the soliciting or peddling in an unlawful
manner or in such a manner as to constitute a breach of the peace or to be
a menace to the health, safety or general welfare of the people of the City.
B.
Notice of the hearing for revocation of a permit shall
be given in writing stating the grounds of the complaint and the time and
place of the hearing. Such notice shall be mailed, postage prepaid, to the
permit holder at the address given on the registration, at least five days
prior to the date set for the hearing.
C.
Any person aggrieved by the decision of the Chief of
Police shall have the right of appeal to the City Council of the City. Such
appeal shall be taken by filing with the City Clerk a written statement of
the grounds for the appeal within 14 days after notice of the decision by
the Chief of Police has been given.
D.
The City Council shall set the time and place for the
hearing such appeal, and notice of such time and place shall be given by the
City Clerk in the manner hereinabove provided for hearing of notice of revocation
by the Chief of Police.
No person, unless duly licensed by the Director of Standards of the
commonwealth, shall go from place to place in this City selling or bartering,
or carrying or exposing for sale or barter, any fish or fruits or vegetables,
in or from any cart, wagon or other vehicle, or in any other manner, without
a license therefor from the Mayor and City Council; provided, however, that
this section shall not apply to any person who sells only fruits or vegetables
raised or produced by himself or by his family, or fish which is obtained
by his own labor or the labor of his family.
The Mayor and City Council shall have authority to grant the license
required by this article to any person of good repute for morals and integrity
who is or has declared his intention to become a citizen of the United States.
The fee for the license required by this article shall be as set forth
in Chapter 174, Fees.
The license required by this article, unless sooner revoked by the Mayor
and City Council, shall expire on the 30th day of April next after the granting
thereof.
Any licensee under this article who fails, neglects or refuses to exhibit
his license when the same is demanded of him by any City Councillor, Commissioner
or Sealer of Weights and Measures, City Treasurer or Clerk, Constable, police
officer or Justice of the Peace shall be deemed guilty of an offense.
Any license granted under this article may be revoked by the City Council
at any time for cause shown.
Every person licensed under the provisions of this article as a hawker
or peddler of fish, fruits, and vegetables shall record his name and residence
with the Chief of Police of the City.
Nothing in this article shall be construed as conflicting with any license
issued under the authority of the commonwealth.
