[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]
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 Board of Selectmen upon payment of a fee fixed by law.
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 Board of Selectmen 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.
A hawker/peddler shall not, at any time, engage in the conduct of business in the following locations:
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 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.
Sign permits shall be subject to the following restrictions:
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:
- SOLICITOR OR CANVASSER
- 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.")
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 Board of Selectmen.
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.