(a)
Licensed activity. No person shall conduct the activity of a hawker
or peddler unless licensed in compliance with MGL c. 101 and the provisions
of this section.
(b)
License required for certain food peddling. No person shall go from
place to place in this Town selling or bartering or carrying or exposing
for sale or barter any fruits, vegetables or fish in or from any cart,
wagon or other vehicle, or in any other manner, without a license
therefor from the Board of Licensing Commissioners; provided, however,
that this subsection shall not apply to any person who sells only
fruits or vegetables raised or produced by himself or his family or
fish which is obtained by his own labor or the labor of his family.
(c)
Sale of articles enumerated by General Laws. No hawker or peddler
shall offer for sale any of the articles enumerated in MGL c. 101, § 17,
until the name and residence of the hawker or peddler has been recorded
in writing with the Weymouth Police Department.
(d)
Identification on vehicle. Every vehicle or receptacle used by a
licensee as a conveyance for articles offered or exposed for sale
shall have attached thereto, on each side, an identification plate
or placard bearing his license and the number and date of expiration
of the license.
(e)
Interference with traffic. A hawker or peddler shall not engage in
conduct of its 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.
(f)
Signs. A hawker or peddler may not display signs without first obtaining
a permit for such signs from the Building Inspector.
(g)
Nonapplicability. The provisions of this section regulating hawkers
and peddlers shall not apply to the sale or barter or offering for
sale or barter or exposing thereof 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 consent of the appropriate municipality and when such
hawker or peddler participates with the express written consent of
the sponsor. While engaged in the conduct of the business under the
provisions of this subsection, the hawker or peddler should at all
times submit, as part of any permit application or request for permission,
a list of all 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 Town Clerk and Chief of Police.
(h)
Term of license; fees. Said licenses, unless sooner revoked by the Board of Licensing Commissioners, shall expire one year after grant thereof, and each resident so licensed shall pay therefor a fee as set by the Board of Licensing Commissioners in accordance with § 5-305 of these ordinances.
(i)
Crying of wares; condition of vehicles. No person hawking, peddling
or carrying or exposing any article for sale shall cry his wares to
the disturbance of the peace and comfort of the inhabitants of the
Town, nor otherwise than in vehicles and receptacles which are neat
and clean and do not leak.
(j)
Badges. Every hawker and peddler licensed by the Board of Licensing Commissioners shall be assigned a number and shall be provided by said Board of Licensing Commissioners with a badge, which shall be conspicuously worn. Whoever neglects to wear, or wears such badge without authority, shall be punished by a fine of $300 in the manner provided in § 1-109 of these ordinances.
(k)
Certification of weighing and measuring devices. No person shall
be registered or assigned a badge or number plate under the provisions
of these ordinances relating to hawkers and peddlers until a certificate
from the Sealer of Weights and Measures is filed with the Board of
Licensing Commissioners 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 or possession by such person with intent
to use of any false or unsealed weighing or measuring devices shall
be sufficient cause for the revocation of his license or the cancellation
of his registration.
(l)
Conflicting with other laws. Nothing in these ordinances shall be
construed as conflicting with any license issued under the authority
of the commonwealth.
(m)
Revocation of license. Any license granted under these ordinances
or any ordinance amendatory or additional thereto may be revoked by
the officer or agency granting the same.
