Town of Barnstable, MA Chapter 150 Peddling and Hawking

[HISTORY: Adopted by the Town of Barnstable 11-21-1996 (Art. LXI of Ch. III of the General Ordinances as updated through 7-7-2003). Amendments noted where applicable.]

GENERAL REFERENCES

Noncriminal disposition — See Ch. 1, Art. I.

§ 150-1 License required.

No person shall conduct the activity of a hawker or peddler unless licensed in compliance with M.G.L. Chapter 101 and the provisions of this chapter.

§ 150-2 Location restrictions.

No hawking or peddling activity required to be licensed by M.G.L. Chapter 101 shall be permitted within 150 feet of North Street, Main Street and South Street in Hyannis, or within 150 feet of any Town-operated beach or park, unless a license has been authorized in accordance with § 150-3.

§ 150-3 Sales by nonprofit agencies.

The Town Manager may grant a license authorizing sales by nonprofit agencies, to sell through its agents, in the streets and other public places within the Town identified on the license. The license shall be for a period not to exceed 12 hours. A nonprofit agency authorized by this section to sell shall provide each agent a badge, approved by the Town Manager, bearing upon it the name of the organization and the date and location on which the license is to be exercised. Each authorized agent shall wear in plain sight the badge provided by the authorized agency during the period the agent is engaged in this authorized activity. The Town Manager shall have the authority to adopt rules and regulations consistent with M.G.L. Chapter 101 and this chapter to further regulate the activities of hawkers and peddlers.

§ 150-4 Selling goods in public ways.

No hawker or peddler shall set up and display or sell goods, wares or merchandise adjacent to any pubic way, except a properly licensed hawker or peddler may stop a vehicle on a public way and offer or sell goods, wares or merchandise to persons who have signaled an interest in the services, and provided, further, that the hawker or peddler does not obstruct the normal flow of traffic or endanger vehicle or pedestrian traffic. A hawker or peddler set up adjacent to any public way displaying goods, wares or merchandise for a period of more than five minutes without a customer or potential customer displaying interest in the goods, wares or merchandise shall be deemed to be in violation of this section.

§ 150-5 Violations and penalties.

Any person violating the provisions of this chapter shall be punished by a fine of not more than $300 for each offense. Any violation of this chapter enforced by the methods provided in § 21D of Chapter 40 of the General Laws shall be subject to a fine of $100 for each offense.