[HISTORY: Adopted by the Town Council of the Town of West Hartford as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-12-1972 (Art. I of Ch. 16 of the 1972 Code)]
No person shall sell or offer for sale or solicit retail orders for any goods, wares, food or other merchandise, unless such person shall have obtained a license so to do from the Chief of Police. This section shall not apply to the occupants of stores or shops, charitable bazaars or fairs or other charitable activities, to persons exempted by statute nor to any natural person under 16 years of age.
No person shall utilize any portion of any public street or highway for the retail sale or display of goods, wares, food or other merchandise unless said person has obtained a permit pursuant to Subsection A of this section. No such use of the public street or highway shall be permitted to occur except in conjunction with parades, festivals, block parties and similar special public events. The prohibitions contained in this subsection shall not apply to:
Sidewalk displays of merchandise permitted pursuant to West Hartford Code of Ordinances § 177-44.1, outdoor dining otherwise permitted pursuant to West Hartford Code of Ordinances Chapter 177, or temporary sidewalk displays of merchandise conducted by the operators of adjoining commercial establishments otherwise permitted pursuant to West Hartford Code of Ordinances Chapter 177, provided that a minimum five-foot pedestrian right-of-way remains unobstructed;
Participants in events taking place on property owned by the Town of West Hartford and sponsored or sanctioned by it;
Sales or displays conducted by tax-exempt nonprofit groups for fundraising purposes;
Sales from any food truck as defined in § 177-2 of the West Harford Code of Ordinances, provided that those motor vehicles remain stopped in any one location only long enough to serve patrons and in no event for no more than 10 minutes on any calendar day; except that on streets located entirely within a General Industrial District zone, sales from any food trucks shall be permitted between the hours 7:00 a.m. and 10:00 p.m. on any calendar day, subject to the following restrictions:
All food trucks shall be parked in compliance with West Hartford Code of Ordinances Chapter 168; shall be parked at least 20 feet from an intersection; and shall only be parked on streets categorized as "Local" on the Connecticut Department of Transportation Functional Classification Map for the Town of West Hartford dated December 31, 2015, and as may be periodically amended.
A maximum of two food trucks may be parked adjacent to one another. In no case shall more than two such vehicles be permitted within 500 feet of another such vehicle or vehicles.
No food trucks shall be permitted within 500 feet of a restaurant.
All food trucks shall be equipped with their own waste receptacles for use by their customers and under no circumstances shall any waste associated with the vehicle be disposed of in a public waste receptacle. Any waste left on the ground or in the area around the vehicle must be removed prior to vacating the parking spot.
The use of temporary signs, including portable signs or banners, mounted on the food trucks is strictly prohibited.
The placement of any tables or chairs outside of the food truck is strictly prohibited.
The use of loudspeakers for projecting either voice or music is strictly prohibited.
The license to operate a food truck within the public right-of-way will be limited to the areas shown on the map provided at the time of application. No food truck will be permitted to reserve or hold a parking location either through its license application or other means.
Prior to receiving a license, all food trucks shall comply with Chapter 91 of the Code of the Town of West Hartford and the Public Health Code of the State of Connecticut and any inspections required pursuant to federal, state or local law.
The Chief of Police shall be empowered to adopt regulations establishing any procedures necessary to allocate parking spaces in order to ensure the orderly use of the public streets.
No license required by § 130-1 shall be issued until all weights and measures used by the applicant in the business shall have been approved and stamped by the State Sealer of Weights and Measures and a certificate to that effect from said Sealer of Weights and Measures has been exhibited to the Chief of Police.
Each person licensed pursuant to § 130-1 shall, while peddling or soliciting, carry on his or her person the license so obtained from the Chief of Police.
Each license issued as required by § 130-1 shall terminate on March 31 next succeeding the issuance of such license.
The Chief of Police shall keep a record of all licenses granted under the provisions of § 130-1, giving:
[Amended 7-15-1975; 9-23-1975; 1-24-1995; 9-23-2003; 9-9-2008]
If the peddler or solicitor shall use a commercially registered motor vehicle in connection with said peddling and/or soliciting, the fee for the license required by this chapter shall be $100 per year. In all other cases, the fee shall be $50 per year for each organization and $20 per year for each individual.
If the applicant for a license pursuant to the provisions of this chapter is an indigent individual, the applicant may apply to the Chief of Police for a fee waiver, and the Chief shall waive the payment of the license fee. For purposes of this regulation, an individual shall be deemed to be indigent upon providing satisfactory evidence that his/her income from all sources (including, without limitation, wages, alimony, child support, investment income and/or support from custodial/noncustodial parents) is less than the amount established by the United States Government as the poverty level.
Any person who shall engage in peddling or soliciting in violation of any of the provisions of this article shall be fined not more than $100, and the Chief of Police may suspend or revoke the license of any person adjudged guilty of such violation.
It shall be unlawful for any person to solicit funds, sell or offer for sale or solicit orders for any goods, wares or other merchandise from house to house within the corporate limits of the Town of West Hartford without first obtaining a certificate of registration from the Chief of Police.
Applications for certificates of registration must be in writing and filed with the Chief of Police. Applications shall be signed by the applicant and contain the following:
An organization, association, corporation or group may make one application for a certificate of registration for its members, employees, agents or servants. Said application must be in writing and be filed with the Chief of Police and must be signed by an officer, member, agent or employee of the organization, association, corporation or group and shall contain the following:
The name, address and title of the person filling out said application.
The name and address of the organization, association, corporation or group making said application.
The name and address of all persons to participate in the door-to-door activities.
A brief description of the activities to be conducted.
[Amended 1-24-1995; 9-10-2002]
Any person or group who is soliciting funds for a nonprofit religious, charitable or educational organization and desires a nonprofit certificate shall state on the application the following:
The name and location of the religious, charitable or educational organization for which the solicitations are being made.
Evidence of the nonprofit nature of the organization, such as tax exempt status by the Internal Revenue Service or the State Tax Department.
A statement that the persons engaged in the door-to-door activities are soliciting funds solely on behalf of the nonprofit organization.
[Amended 7-15-1975; 1-22-2002; 9-9-2008]
The Chief of Police shall issue to every person certified to conduct door-to-door activities, whether certified under an individual or group certificate, a certification number and a badge which shall state “Registered Solicitor” and shall state the period for which the certificate is issued, the certificate number assigned to the solicitor and, if the certificate is a nonprofit certificate, the word “nonprofit.” A fee of $5 shall be paid for each such badge issued, of which $3 shall be refunded upon return of the badge for which said fee was paid. The Chief of Police shall conduct a criminal records check on all applicants, but the completion of that check shall not delay the issuance of the certificate.
An application for a certificate may be denied or a certificate may be revoked for the following reasons:
Fraud, misrepresentation or false statements contained in the application or previous applications for certificates.
Fraud, misrepresentation or false statements made in the course of the activities conducted under the certificate.
Any violation of this article.
Conducting the door-to-door activities in an unlawful manner or in such a manner as to constitute a breach of the peace.
An applicant whose certificate is denied or a person whose certificate is revoked shall have the right to request a hearing before the Chief of Police or his or her designee. The Chief of Police shall make a reasonable effort to notify the holder of the certificate or the applicant for the certificate of the opportunity for a hearing. The decision of the Chief of Police or his or her designee may be appealed to the Town Manager or his or her designee. For purposes of any appeal under this section, the holder of the certificate or the applicant shall appeal within 10 days of receipt of notice of the action appealed from, and the Chief of Police or his or her designee or the Town Manager or his or her designee, as the case may be, shall schedule a hearing within 10 days of receipt of the appeal and shall render a decision not later than 10 days following the close of the hearing; provided, however, that upon a written showing of special circumstances to the satisfaction of the Chief of Police or his or her designee an applicant shall be granted an expedited hearing to be held within three business days of receipt of the written request.
Certificates shall be issued for a period of time as requested in the application, up to a maximum period of one year.
No person shall transfer to another a badge issued to him or her pursuant to this article, and no person shall wear or show a badge issued to another pursuant to this article.
The Chief of Police shall make regulations concerning the time in which door-to-door activities may be conducted pursuant to this article in order to prevent such activity from being conducted late at night or early in the morning.
The Chief of Police shall, at the Chief's discretion, waive the requirement that a group application list the names of all people to participate in the door-to-door activities or that individuals conducting door-to-door activities obtain badges when said activities are to be conducted in limited areas in the neighborhood of the persons conducting said activities or when the persons conducting said activities are of a very young age.
Each individual or group applying for a certificate shall pay a registration fee of $5.
Any person violating any of the provisions of this article shall be fined in an amount not to exceed $25 or by imprisonment not to exceed 30 days, or by both.