[HISTORY: Adopted by the City Council of the City of Northampton as Ch. 16 of the 1977 Code. Amendments noted where applicable.]
For the purposes of this article certain words are defined as follows:
- To sell and make immediate delivery, or offer for sale and immediate delivery, any goods, wares or merchandise in possession of the seller, at any place within the City other than from a fixed place of business.
- Any person who peddles, as herein defined.
- To sell or take orders or offer to sell or take orders, for goods, wares or merchandise, for future delivery, or for services to be performed, at any place within the City other than a fixed place of business.
- Any person who solicits, as herein defined.
The provisions of this article shall not apply to salesmen or agents for wholesale houses or firms who solicit orders from or sell to retail dealers for resale, or to manufacturers for manufacturing purposes, or to bidders for public works or supplies, nor to the delivery of dairy products on a regular route basis.
It shall be unlawful for any person to peddle or solicit before the hour of 8:00 a.m. of any day or after the hour of 8:00 p.m. of any day.
No person shall cry any wares or ring or cause to be used any noise-making instrument in any street, to the disturbance and discomfort of the inhabitants thereof, for the purpose of advertising or for giving notice of the exercise of a business or calling, or of the sale of any article.
No person hawking, peddling, soliciting or carrying or exposing for sale any articles shall cry his wares to the disturbance of the peace, and comfort of the inhabitants of this City.
It shall be unlawful for any peddler or solicitor or any person pretending to be a peddler or solicitor for the purpose of peddling or soliciting or pretending to peddle or solicit to ring the bell or knock at any building whereon there is painted, affixed or otherwise displayed to public view any sign containing any or all of the following words: "No Peddlers," "No Solicitors" or "No Agents," or which otherwise purports to prohibit peddling or soliciting on the premises.
No person hawking, peddling, soliciting or carrying or exposing for sale any articles shall carry or convey such articles in any manner that will tend to injure or disturb the public health or comfort nor otherwise than in vehicles and receptacles which are neat and clean and do not leak.
It shall be unlawful for any peddler or solicitor to represent by words, writing or action that he is some other peddler or solicitor, that he is a partner, employee or agent of any peddler or solicitor when in fact he is not the partner, agent or employee of such peddler or solicitor, or that he is the employee, representative, agent or partner of any person, when in fact he is not the employee, representative, agent or partner of such person.
It shall be unlawful for any person to peddle or solicit without having complied with the provisions of this section.
Every person who desires to peddle or solicit shall register in a registration book provided for that purposes in the Police Department his name and address, the name and address of the person whom he represents, the names and addresses of at least two references as to his moral character, honesty and integrity, a brief description of the nature of the business in which he is engaged, and the kind of goods or property to be peddled or solicited for, if any, and such person shall furnish his fingerprints and thumb prints, to be taken by the Police Department. Such registrant shall also furnish to the Police Department a photograph of himself, taken within 60 days immediately prior to the date of the registration, which picture shall be two inches by two inches showing the head and shoulders of the registrant in a clear and distinguishing manner; also, a statement as to whether or not the registrant has been convicted of any crime, misdemeanor or violation of any provision of this Code or other municipal ordinance, the nature of the offense, and the punishment or penalty assessed therefor.
Such registration shall be valid for a period of one year, and such person must register at the end of each year period.
As evidence of compliance with the provisions of this section, the Police Department shall issue to each person who complies a permit which shall show the name and address of such person, the name of the person he represents or by whom he is employed, if any, and the kind of goods or property to be peddled or solicited for.
No person shall be registered under the provisions of § 245-8 until he presents a certificate from the Sealer of Weights and Measures stating that all weighing and measuring devices intended to be used by such person have been duly inspected and sealed as required by law. The use of, or possession by such person with intent to use, any false or unsealed weighing or measuring devices shall be sufficient cause for the revocation of his license or the cancellation of his registration.
Every solicitor or peddler at all times while engaged in peddling or soliciting shall have in his immediate possession the permit issued to him under the provisions of § 245-9 and when so peddling or soliciting shall display the same upon demand of any police officer of the City and upon demand of any person to whom he is peddling or soliciting.
Permits issued pursuant to this article shall not be assigned or transferred, nor shall they be used by any person other than the person to whom they were issued.
Permits issued pursuant to this article may be revoked by the Chief of Police of the City, after notice and hearing for any of the following causes:
Fraud, misrepresentation or any false statements made to the Police Department in furnishing the information required by § 245-8.
Any violation of this article.
Conviction of the permit holder of any felony or crime involving moral turpitude.
Conducting the soliciting or peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to be a menace to the health, safety or general welfare of the people of the City.
Notice of the hearing for revocation of a permit shall be given in writing stating the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the permit holder at the address given on the registration, at least five days prior to the date set for the hearing.
Any person aggrieved by the decision of the Chief of Police shall have the right of appeal to the City Council of the City. Such appeal shall be taken by filing with the City Clerk a written statement of the grounds for the appeal within 14 days after notice of the decision by the Chief of Police has been given.
The City Council shall set the time and place for the hearing such appeal, and notice of such time and place shall be given by the City Clerk in the manner hereinabove provided for hearing of notice of revocation by the Chief of Police.
No person, unless duly licensed by the Director of Standards of the commonwealth, shall go from place to place in this City selling or bartering, or carrying or exposing for sale or barter, any fish or fruits or vegetables, in or from any cart, wagon or other vehicle, or in any other manner, without a license therefor from the Mayor and City Council; provided, however, that this section shall not apply to any person who sells only fruits or vegetables raised or produced by himself or by his family, or fish which is obtained by his own labor or the labor of his family.
The Mayor and City Council shall have authority to grant the license required by this article to any person of good repute for morals and integrity who is or has declared his intention to become a citizen of the United States.
The fee for the license required by this article shall be as set forth in Chapter 174, Fees.
The license required by this article, unless sooner revoked by the Mayor and City Council, shall expire on the 30th day of April next after the granting thereof.
Any licensee under this article who fails, neglects or refuses to exhibit his license when the same is demanded of him by any City Councillor, Commissioner or Sealer of Weights and Measures, City Treasurer or Clerk, Constable, police officer or Justice of the Peace shall be deemed guilty of an offense.
Any license granted under this article may be revoked by the City Council at any time for cause shown.
Every person licensed under the provisions of this article as a hawker or peddler of fish, fruits, and vegetables shall record his name and residence with the Chief of Police of the City.
Nothing in this article shall be construed as conflicting with any license issued under the authority of the commonwealth.