[HISTORY: Adopted by the Town of Ashland:
Art. I, May 1993 Special Town Meeting; Art. II, May 1993 Special Town
Meeting. Amendments noted where applicable.]
[Adopted May 1993 STM]
[Amended 11-20-2019 STM, Art. 13]
A.Â
No person shall hawk or peddle fish, fruit or vegetables
within the limits of the town, except as authorized by law, without
first obtaining a license therefor from the Select Board upon payment
of a fee fixed by law.
B.Â
No person shall solicit or go from place to place
within the town for the purpose of selling magazines or other wares
without first obtaining a license so to do from either the Chairman
of the Select Board or the Chief of Police. Said requirement shall
not apply to persons who sell only fruits and vegetables produced
by himself or his family or fish obtained from the labor of his family
or himself.
A hawker/peddler shall engage in the conduct
of business only during the following hours:
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 M.G.L.A. C. 101.
No vehicle in which a hawker/peddler engages
in the conduct of business shall be allowed to remain in one (1) location
or on any public way for a period in excess of two (2) hours.
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.
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.
A.Â
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 upon 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 determine whether the proposed signs meet the applicable
standards and forthwith issue or deny a sign permit.
B.Â
Sign permits shall be subject to the following restrictions:
(1)Â
No sign shall exceed four (4) square feet in size.
(2)Â
No more than two (2) signs shall be attached to a
vehicle.
(3)Â
Illuminated signs are prohibited.
(4)Â
Displays of balloons, banners, streamers and other
similar displays, when used for promotional purposes and not for sale,
are prohibited.
This Article shall not be applicable to route
salesmen nor to route delivery persons whose ordinary conduct of business
is the sale or delivery to individual homes and places of business,
nor shall it apply to hawking/peddling on behalf of a bona fide nonprofit
organization.
Nothing in this Article shall be construed as
conflicting with any license for hawkers and peddlers issued under
authority of the commonwealth.
[Adopted May 1993 STM]
It shall be unlawful for any solicitor or canvasser,
as defined in this Article, to engage in such business within the
Town of Ashland without first obtaining a license therefor in compliance
with the provisions of this Article.
The provisions of this Article shall not apply
to any person residing within the Town of Ashland and engaging in
the pursuit of soliciting for charitable, benevolent, fraternal, religious
or political activities, nor to any person exempted under Chapter
101 of the Massachusetts General Law, nor to any person duly licensed
under Chapter 101 of the Massachusetts General Laws, nor to any person
exempted by any other provision of the Massachusetts General Laws,
nor shall this Article be construed to prevent persons having established
customers to whom they make periodic deliveries from calling upon
such customers or from making calls upon such customers for the purpose
of soliciting an order for future periodic deliveries.
As used in this Article, the following terms
shall have the meanings indicated:
Any person who, for himself or for another person, firm or
corporation, travels by foot, automobile or any other type of conveyance
from house to house or other residential units, taking or attempting
to lease or to take orders for the sale of goods, wares, merchandise
or service or taking or attempting to take contributions for any purpose,
including, without limiting, the selling, distributing, exposing for
sale or soliciting of orders for magazines, books, periodicals or
other articles of a commercial nature, the contracting of all home
improvements or for services to be performed in the future, whether
or not such individual has, carries or exposes for retail sale a sample
of the subject of such sale and whether or not he is collecting advance
payment of such retail sales. (Excluded shall be licensed real estate
brokers and life insurance salesmen as the same are not considered
"solicitors or canvassers.")
[Amended 11-20-2019 STM, Art. 13]
Applicants for a license shall file with the
Chief of Police a written application signed under the penalties of
perjury. At the time of filing the application, each applicant shall
pay a fee as set by the Town Meeting to the Town of Ashland. Upon
receipt of the application, the Chief of Police shall investigate
the applicant's reputation as to morals and integrity. After investigation
of the applicant's morals and integrity, the Chief of Police shall
approve or disapprove the application and notify the applicant of
his decision. In the event that the application is approved, a license
shall be issued. Any applicant shall have the right to appeal to the
Select Board.
Such license, when issued, shall contain the
signature of the Chief of Police and shall show the name, address
and photograph of said licensee, the date of issuance and the length
of time the same shall be operative, as well as the license number.
The Chief of Police shall keep a record of all licenses issued for
a period of three (3) years.
Solicitors and canvassers when engaged in the
business of soliciting or canvassing are required to display an identifying
badge issued by the Chief of Police, by wearing said badge on an outer
garment.
Each licensee is required to possess an individual
license. The police officers of the Town of Ashland shall enforce
this Article.
No license shall be transferred.
The Chief of Police is hereby vested with jurisdiction
over the revoking of licenses.
Each license issued under the provisions of
this Article shall continue in force for one (1) year from the date
of its issue unless sooner revoked.
An applicant requesting a renewal of a license
must apply in person for such license renewal and provide such material
as required by the Chief of Police.
Any person violating any provision of this Article
may be arrested and punished by a fine not to exceed one hundred dollars
($100.) for each and every offense.
