City of Waltham, MA
Middlesex County
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Table of Contents
Table of Contents
State law reference — Hawkers and peddlers generally, M.G.L.A. c. 101, §§ 13—30.
[Ord. No. 25504, 6-25-1984]
In the context of this article, the following words and phrases shall have the following meanings unless the context requires otherwise:
CITY
The City of Waltham.
CLERK
The City Clerk of the City of Waltham.
CONDUCT OF BUSINESS
The selling or bartering, or carrying for sale or barter, or exposing therefor, any goods or wares, either on foot or from a vehicle, by a hawker/peddler.
DEPARTMENT
The Waltham Police Department.
FOOD
Meats, butter, fish and fresh fruit and vegetables.
GOODS/WARES
Any article of merchandise which is carried for barter or sale by a hawker/peddler including, but not limited to, plants, flowers, newspapers and other publications, and food as defined elsewhere in this section.
HAWKER/PEDDLER
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 or wares, either on foot or from a vehicle.
SEALER
Sealer of weights and measures of the City of Waltham.
[Ord. No. 25504, 6-25-1984]
Every hawker/peddler, prior to commencing the conduct of business, shall first register with the clerk. The clerk shall supply each applicant for registration with an application form on which the applicant may clearly set forth his full name, date of birth, address, business address, description of vehicle, registration of vehicle, the location or locations where business will be conducted, and a brief description of the goods or wares to be sold, such application shall be filed with clerk at least 24 hours before said applicant begins conducting business.
The clerk shall forthwith transmit a copy of the application to the department. In the event the application discloses that the conduct of business will involve unit measurements, he shall transmit a copy to the sealer. In the event the application discloses that the conduct of business will involve food, he shall transmit a copy of the application to the health department.
[Ord. No. 25504, 6-25-1984]
If the clerk determines, after consultation with the department, that the applicant is of good moral character, he shall issue a permit to the hawker/peddler. The hawker/peddler shall, in the presence of the clerk, affix his signature thereto. All permits shall expire on the thirtieth day of April of each year.
[Ord. No. 25504, 6-25-1984]
Upon the issuance of a permit, the clerk shall provide the hawker/peddler with a badge and a sticker. While engaged in the conduct of business, the hawker/peddler shall, at all times, visibly display the badge on his person and the sticker on his vehicle.
[Ord. No. 25504, 6-25-1984]
If the clerk, at any time after the issuance of the license, determines that the hawker/peddler is not of good moral character or if he has reason to believe that the hawker/peddler is in violation of this article or of any of the provisions of Chapter 101 of the General Laws of the commonwealth, he shall forthwith revoke the permit previously issued.
[Ord. No. 25504, 6-25-1984]
A hawker/peddler shall engage in the conduct of business only during the following hours:
Monday through Friday 9:00 a.m. to 3:30 p.m.
Saturday, Sundays, holidays . . . 9:00 a.m. to sunset
[Ord. No. 25504, 6-25-1984]
Every vehicle used by a hawker/peddler in the conduct of business shall have plainly displayed on each side, the name of the hawker/peddler and the license number issued to the hawker/peddler under the provisions of Chapter 101 of the General Laws. The sticker issued by the clerk shall, at all times, also be visibly displayed on the vehicle.
[Ord. No. 25504, 6-25-1984]
A hawker/peddler shall not, at any time, engage in the conduct of business on the following streets:
Moody Street Bacon Street
Main Street Lexington Street
Newton Street Trapelo Road
River Street Totten Pond Road
Prospect Street Wyman Street
South Street High Street
Beaver Street Linden Street
Waverly Oaks Road Warren Street
Gore Street Weston Street
A hawker/peddler shall not, at any time, engage in the conduct of business in the following locations:
In front of church property;
In front of school property;
In front of public buildings;
At or on median strips;
At or on traffic islands;
At or on rotary circles;
Within 10 feet of a fire hydrant.
[Ord. No. 25504, 6-25-1984]
No vehicle, from which a hawker/peddler engages in the conduct of business, shall be allowed to remain in one location for a period in excess of 30 minutes.
[Ord. No. 25504, 6-25-1984]
A hawker/peddler shall not engage in the conduct of business in such a manner as to obstruct or interfere with the flow of traffic, the maintenance of public ways or the removal of snow.
[Ord. No. 25504, 6-25-1984]
No hawker/peddler shall, while in the conduct of business, cause loud noise or cries or emit odors in such a manner as to injure or disturb the public health or comfort.
Cross reference — Noise by hawkers and peddlers, etc., § 10-6(f)(4).
[Ord. No. 25504, 6-25-1984]
A hawker/peddler may display no signs without first obtaining a permit for such signs from the Building Inspector. The Inspector shall provide the hawker/peddler with an application form for a sign permit by which the applicant may clearly set forth his name, address, description of the proposed sign and the proposed location or locations of business. Upon the filing of such application, the Inspector shall forthwith issue a sign permit to the applicant. The clerk shall transmit a copy of the sign permit to the department.
Sign permits shall be subject to the following restrictions:
(1) 
No sign shall exceed four square feet in size.
(2) 
No more than two signs shall be attached to a vehicle.
(3) 
Illuminated signs are prohibited.
(4) 
Displays of balloons, banners, streamers and other similar displays, when used for promotional purposes and not for sale, are prohibited.
[Ord. No. 25504, 6-25-1984]
This article shall not be applicable to route salesman nor to route-delivery persons whose ordinary conduct of business is the sale or delivery to individual homes and places of business.
[Ord. No. 25504, 6-25-1984]
Nothing in this article shall be construed as conflicting with any license for hawkers and peddlers issued under authority of the commonwealth.
[Ord. No. 25504, 6-25-1984; Ord. No. 27351, 5-11-1992]
The foregoing provisions of this article regulating hawkers and peddlers shall not apply to the sale or barter, or offering for sale or barter, or exposing therefor, of goods or wares at parades, celebrations or other special events conducted on public property or within a public way, when the sponsor of the parade, celebration, or event has secured the written permission of the appropriate municipal authority, and when such hawker or peddler is participating with the expressed written consent of the sponsor. While engaged in the conduct of business under the provisions of this section, the hawker or peddler shall, at all times, have the letter of permission from the sponsor on his or her person. The sponsor shall submit, as part of any permit application or request for permission, a list of all such hawkers and peddlers which the sponsor has sanctioned to participate in said event. The appropriate municipal authority, upon granting such permit or permission, shall forward a copy of the list to the City Clerk and the Chief of Police.