Town of Belchertown, MA
Hampshire County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Selectmen of the Town of Belchertown 12-7-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Junk dealers and collectors — See Ch. 58.

§ 219-1 Purpose.

The purpose of this chapter is to:
A. 
Protect the public against imposition by itinerant vendors, hawkers and peddlers.
B. 
Assure the safety of citizens.

§ 219-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
EDST
Eastern Daylight Standard Time.
HAWKER or PEDDLER
Any person who is licensed as a hawker or peddler under MGL c. 101, § 22 or sells for profit those items listed in MGL c. 101, § 17, sale of which requires no license in Massachusetts:
A. 
Newspapers.
B. 
Religious publications.
C. 
Ice.
D. 
Flowering plants.
E. 
Uncultivated or wild flowers, fruit, nuts and berries.
TRANSIENT VENDOR
Any person who is licensed as a transient vendor under MGL c. 101, § 3.

§ 219-3 Registration required.

No sale by hawkers, peddlers or transient vendors shall take place before said person has registered with the office of the Board of Selectmen. The registrant shall provide his/her name, address, sales tax and meals tax numbers and approximate duration of time he/she intends to vend in Belchertown. Holders of licenses issued under MGL c. 101, § 3 need register only once during the period their licenses are valid. Hawkers and peddlers who need no license shall register annually.

§ 219-4 Hours of operation.

No hawker, peddler or transient vendor shall engage in the sale of his/her wares between the hours of 8:00 p.m. EDST and 10:00 a.m. EDST during the months of May through August, inclusive, between the hours of 7:30 p.m. EDST and 10:00 a.m. EDST during September and between 6:00 p.m. EDST and 10:00 a.m. EDST during the remaining months.

§ 219-5 Trash and litter receptacle.

Hawkers, peddlers and transient vendors shall provide receptacles for the placement of any trash and litter that may reasonably be expected to result from the sale of their wares. Said trash/litter must be properly disposed of by the vendor; it cannot be transferred to public (Town of Belchertown) trash containers.

§ 219-6 Use of carts.

If the hawker, peddler or transient vendor utilizes a cart to display his/her wares, the mobility of the cart shall be restricted to that provided by two wheels.

§ 219-7 Violations and penalties; citations; appeals.

A. 
Any person found to be violating any provision of these regulations shall be liable to a fine of not more than $100 for each offense. Each day or portion of a day that the offense continues may be deemed to be a separate offense.
B. 
Any person found to be violating the provisions of these regulations shall, upon notification by the Director of Inspection Services of the town, either acting upon a Selectman's personal knowledge of the violation or responding to the complaint of a citizen observing a violation in progress, permanently cease all violations.
C. 
Any person notified of a violation of the provisions of these regulations who fails to comply shall be issued a citation by the Director of Inspection Services.
D. 
The defendant may appeal a citation for violating the provisions of these regulations to a hearing before the Board of Selectmen. The Board of Selectmen, upon notification of an appeal to a citation for a violation of the provisions of these regulations, shall:
(1) 
Cause to be served on all parties a written notice, postmarked or hand delivered at least seven days prior to the scheduled hearing.
(2) 
Hear testimony according to informal rules of evidence from the complainant, defendant, the issuing official and witnesses who the Board may present.
(3) 
Issue a written decision to all parties stating findings of fact and conclusions within seven days after the hearing is closed. The Board may levy fines in accord with Subsection A.