[HISTORY: Adopted by the Municipal Council of the City of
Taunton as Rev. Ords. 1964, §§ 10-9 to 10-12 (Ch. 12,
Art. V, of the 2010 Code); amended in its entirety 3-21-2023.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: Prior amendments were adopted 1-11-1977; 6-16-1981;
12-8-1981; 2-8-1983; 6-26-1984; 7-2-1984; 12-23-1986; 8-4-1992; 1-11-1993;
7-11-2000; 8-8-2000; 1-14-2003; 7-14-2009; 12-20-2011; 2-17-2015;
10-13-2015; 6-6-2016; 6-14-2016; 11-29-2016; and 6-13-2017.
A.
LICENSING AUTHORITY
TEMPORARY FIXED-LOCATION BUSINESS
TEMPORARY FIXED-LOCATION VENDOR
TEMPORARY OR TRANSIENT BUSINESS
TRANSIENT OR TEMPORARY VENDOR
Definitions.
The following words shall, for the purpose of this section, have the
following meanings, unless the context requires otherwise:
The Municipal Council for the City of Taunton.
The exhibition and sale of goods, merchandise or food from
vehicles, stands or otherwise displayed, which is not carried on in
any tent, booth, building or other structure or shelter. The term
shall also be applicable to any exhibition and sale of goods and merchandise
from vehicles, stands or otherwise displayed which does not come within
the definition of "hawker and peddler" or "transient vendor."
Includes any person, either principal or agent, who engages
in a temporary business in the City selling goods, merchandise or
food from vehicles, stands or otherwise displayed and who is not required
to be licensed as a transient vendor or hawker and peddler under MGL
c. 101.
The exhibition and sale of goods or merchandise from any
tent, booth, building or other structure, unless such place is anticipated
to be open for business during usual business hours for a period of
at least 12 consecutive months. The term shall also be applicable
to any exhibition and sale of goods, wares or merchandise from vehicles,
or stands, or otherwise displayed, which does not come within the
definition of "hawker and peddler."
Any person, either principal or agent, who engages in a temporary
or transient business in the City of Taunton selling goods, wares
or merchandise, either in one locality or in traveling from place
to place.
B.
Transient
vendor or transient business license.
(1)
Application,
investigation and fees. Every transient vendor, before making any
sales of goods, wares or merchandise in the City of Taunton, shall
make application to the licensing authority for the issuance of a
license to conduct a temporary or transient business within the City.
Said application and a processing fee shall thereafter be forwarded
to the Chief of Police for investigation and to the Planning Department
for zoning review with the results submitted to the licensing authority.
Thereupon, if the application is approved, the licensing authority
shall authorize the City Clerk, upon payment by the applicant of a
fee of $200, to issue a license authorizing the sale of such goods
and merchandise within the City. The licensing authority may, in lieu
of a fixed license fee, require the applicant to file with the licensing
authority a sworn statement of the average quantity and value of the
stock of goods and merchandise kept or intended to be kept for sale.
Said licensing authority shall submit such statement to the Assessors
of the City, who shall determine such average quantity and value and
shall transmit a certificate thereof to said licensing authority.
In lieu of a fixed fee, the applicant shall pay to the City Clerk
a fee equal to the taxes assessable in the City of Taunton under the
last preceding tax levy therein upon an amount of property of the
same valuation. Said license shall remain in force until the first
day of May next ensuing after the date of its issuance unless sooner
revoked.
(2)
Fines.
Any transient vendor who sells, or exposes for sale, at public or
private sale, any goods, wares or merchandise without a license therefor,
or any transient vendor who neglects or refuses to file the statement
previously described, if required by the licensing authority, or makes
a false or fraudulent representation therein, shall be punished by
a fine of not less than $100 nor more than $ 200 for each day on which
he/she keeps or exposes for sale any goods or merchandise.
(3)
Prohibited
sales. The sale by transient vendors of jewelry, furs, cell phones,
earbuds, earphones, small electronic devices, gold, silver, or other
precious metals is prohibited.
(4)
False
statements. Filing applications with false statements is prohibited.
No person shall either as principal or by agent file any application,
original or supplementary, containing any false or misleading statement.
(5)
Authority
to arrest. A police officer shall have the authority to arrest without
a warrant a hawker and peddler or transient vendor or any other person
the officer has a probable cause to believe is violating any provision
of this section.
C.
Temporary
fixed-location business or vendor license.
(1)
Application,
investigation and fees. Every temporary fixed-location vendor, before
making any sales of goods, wares, merchandise or food in the City,
shall make application to the licensing authority for the issuance
of a license to conduct a temporary fixed-location business within
the City. Said application and processing fee shall thereafter be
forwarded to the Chief of Police for investigation and the Planning
Department for zoning review, with the results submitted to the licensing
authority. Thereupon, if the application is approved, the licensing
authority shall authorize the City Clerk, upon payment by the applicant
of a fee of $250, to issue a license authorizing the sale of such
goods, wares, merchandise or food kept or intended to be kept or exposed
by him/her for sale. The licensing authority may, in lieu of a fixed
license fee, require the applicant to file with the licensing authority
a sworn statement of the average quantity and value of the stock of
goods, and merchandise kept or intended to be kept for sale. Such
licensing authority shall submit the statement to the Assessors of
the City, who shall determine such average quantity and value and
shall forthwith transmit a certificate thereof to the licensing authority.
In lieu of a fixed fee, the applicant shall pay to the City Clerk
a fee equal to the taxes assessable in the City under the last preceding
tax levy therein upon an amount of property of the same valuation.
The license shall be at all times prominently displayed and shall
remain in force until the first day of May next ensuing after the
date of its issuance unless sooner revoked. Such license shall not
be transferable. It shall not authorize more than one person or entity
to sell goods, merchandise or food as a temporary fixed-location vendor
either by agent or clerk or in any way other than his/her own proper
person, but a licensee may have the assistance of one or more persons
in conducting the business who may aid but not act for or without
him/her.
(2)
Prerequisite
for issuance. No person shall be licensed as a temporary fixed-location
vendor under the provisions of this section until he/she obtains the
following:
(3)
Fines.
Any temporary fixed-location vendor who sells or exposes for sale
any goods, wares, merchandise or food without a license therefor,
or any temporary fixed-location vendor who neglects or refuses to
file the statement previously described, if required by the licensing
authority, or makes false or fraudulent representation therein, shall
be punished by a fine of not less than $100 nor more than $200 for
each day on which he/she keeps or exposes for sale any goods, wares,
merchandise, or food.
(4)
Prohibited
sales. The sale by temporary fixed-location vendors of jewelry, cell
phones, earbuds, earphones, small electronic devices, furs, gold,
silver or other precious metals, wines or spirituous liquors, small
artificial flowers or miniature flags is prohibited.
(5)
False
statements. Filing applications with false statements is prohibited.
No person shall either as principal or by agent file any application,
original or supplementary, containing any false statement.
(6)
Authority
to arrest. A police officer shall have the authority to arrest without
a warrant a temporary fixed-location vendor or any other person the
officer has a probable cause to believe is violating any provision
of this section.
A.
License
required; exceptions. No person shall go from place to place within
the City selling or bartering, or carrying or exposing for sale or
barter, goods, wares or merchandise in or from any cart, wagon or
other vehicle or in any other manner without a license therefor from
the Sealer of Weights and Measures; provided, however, that this section
shall not apply to any person selling or exposing for sale fruits,
nuts or berries which are uncultivated, or fruits, vegetables or other
farm products raised or produced by himself, or fish obtained by his
own labor or that of his family. A person shall not occupy the same
location for a period of more than 1/2 hour and shall not move to
a location within 300 feet of any previous location within the last
two hours.
B.
Licenses generally. The Sealer of Weights and Measures shall have authority to grant the license required by Subsection A to any person of good repute as to morals and integrity who is, or has declared an intention to become, a citizen of the United States. Such licenses, unless sooner revoked for cause, shall expire one year after the date of issue, and each person so licensed shall pay therefor a fee of $52. This sum includes the license fee and charges for the badge required by law to be provided with each license at the expense of the licensee. Any such license may be revoked at any time by the Sealer of Weights and Measures for violation of the provisions of these Revised Ordinances or for other good cause.
C.
Certificates
required. No person shall be licensed as a hawker or peddler under
the provisions of this chapter until the petitioner presents a certificate
from the Board of Health stating that the vehicle, receptacles and
utensils are in sanitary condition and receives, from the Sealer of
Weights and Measures, a certificate 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
with intent to use, any false or unsealed weighing or measuring devices
by any person so licensed shall be sufficient cause for the revocation
of the license.
D.
License
to be signed and made available for inspection; badges. Every person
licensed as a hawker or peddler shall endorse his/her usual signature
upon the license. The petitioner shall produce the license for inspection
whenever demanded by the Mayor, a member of the Municipal Council,
the Sealer or Deputy Sealer of Weights and Measures, the City Treasurer/Collector,
the City Clerk, or a constable, police officer or justice of the peace,
and if the petitioner fails so to do, he/she shall be subject to the
same penalty as if he/she had no license. The Sealer of Weights and
Measures shall provide a badge for each peddler. Such badges shall
bear the number of the license and the word "peddler." Each peddler
shall wear the badge in a conspicuous place.
A.
No person, whether unlicensed, licensed as a hawker or peddler under
City ordinance, or licensed as a hawker or peddler by the Deputy Director
of Standards in the Office of Consumer Affairs and Business Regulation
or any other officer of the commonwealth, shall, on the parade date
from the parade start time until four hours thereafter, go from place
to place selling or bartering, or carrying for sale or barter or exposing
therefor, any goods, wares, or merchandise, either on foot or from
any animal or vehicle, on the parade route.
B.
PARADE DATE
PARADE START TIME
PARADE ROUTE
As used in this section, the following terms shall have the meanings
indicated:
The first Sunday in December or such other date upon which
the annual City of Taunton Christmas Parade is actually held.
12:00 noon, or such other start time at which said parade
is scheduled to start.
The public ways and sidewalks of Broadway (from James Street
to Taunton Green), Taunton Green (from Broadway to Weir/Main Streets),
Main Street, and Summer Street (from Main Street to Spring Street),
and shall include the entire surfaces of Liberty and Union Plaza on
Broadway, Broadway Arcade, Knotty Walk and the unnamed street located
between Broadway and Washington Street at the Plain Cemetery.
C.
It is the intent and purpose of this section to protect the safety
of participants and spectators of parades by limiting the ability
of hawkers and peddlers from interfering with the moving components
of the parade participants.
D.
This section shall not prohibit persons duly licensed as hawkers
and peddlers from hawking and peddling on the parade date in areas
other than the parade route where doing so is otherwise permissible
by law.
E.
All hawkers and peddlers shall immediately after the conclusion of
a parade collect and remove all trash (plastic wrap, broken toys,
balloons, cardboard, etc.).
F.
This section is enacted pursuant to authority granted to municipalities
under Chapter 101 of the General Laws of Massachusetts to enact local
rules and regulations relative to the selling or bartering, or carrying
for sale or barter or exposing therefor, any goods, wares, or merchandise
by hawkers and peddlers.
A.
No person shall solicit money or goods or offer to sell services,
magazines, periodicals, or goods, wares or merchandise, sample or
otherwise, for future or immediate delivery on any public street,
or any public place, or in any public building, or by going from door
to door by entering upon private property, without first making written
application for a license to the Chief of Police, stating his/her
name and residence, and stating the name and address of the person
or organization in whose interest said foregoing activity is to be
conducted, and submitting satisfactory evidence of his/her honesty
and moral character and satisfactory proof of identity and obtaining
from the Chief of Police at least 45 days prior to the date requested
for sale a license to do so.
(1)
Nor shall any person other than a representative of a generally recognized
informational or commercial advertising medium, such as regularly
published newspapers and magazines, duly licensed commercial broadcasting
and cable operations, duly authorized commercial outdoor advertising
concerns, and governmental agencies, without the prior issuance of
said license, solicit United States currency, property, goods, or
advertisements by means of a telephone located within or without the
boundaries of the City of Taunton whereby the message of solicitation
terminates within the City limits. Said license shall also be required
for any person soliciting by means of a telephone located in the City
of Taunton whereby the solicitation terminates outside of the City.
(2)
Nor shall any person, other than a representative of the news media,
without the prior issuance of said license, solicit United States
currency, property, goods, or advertisements by means of a telephone
located within or without the boundaries of the City of Taunton whereby
the message of solicitation terminates within the City limits. Said
license shall also be required for any person soliciting by means
of a telephone located in the City of Taunton whereby the solicitation
terminates outside of the City of Taunton.
(3)
Any person soliciting for United States currency, property, goods,
or advertisements in exchange for a percentage or commission upon
receipts or any form of sharing the United States currency, property,
goods, or money received for advertisements, whether by personal contact
or via telephone, shall so notify the potential donor or individual
contacted of said facts, including the percentage or sharing basis
agreed upon between the solicitor and the company represented by the
solicitor and the name of the person and/or the name of the organization
in whose interest the solicitation is being conducted. Furthermore,
the solicitor shall give his/her true name and residential address,
in addition to the address of the location from which the telephone
call is originating if contact is via telephone.
B.
The license shall be restricted to a one-day period. The issuing
authority may establish restrictions as to the time of day during
which said activity may be conducted in addition to any other restriction
deemed necessary for the protection of the public.
C.
The license may be terminated at any time by the issuing authority
upon violation of the foregoing or upon complaint of misconduct or
other just cause.
D.
Each collector of United States currency, property, goods or advertisements
so solicited shall be required to be licensed as aforementioned.
A.
No person or business entity shall place, erect, or maintain or cause
to be placed, erected, or maintained, either temporarily or permanently,
upon any street, way, sidewalk, or other place to which the public
has a right of access any machine, rack, or other unattended device
for the sale or display of newspapers, magazines, or other forms of
publication without first obtaining a permit from the Municipal Council
to do so. In determining whether or not to grant a permit under this
section, the Municipal Council shall consider such factors as the
proposed location of such machine, rack, or device; the nature of
such machine, rack, or device; the aesthetics of such machine, rack,
or device in such location; whether such location would be obstructive
to vision or flow of vehicular or pedestrian traffic; and the utility
of such machine, rack, or device at such location.
B.
Every permit granted under the provisions of this section shall be
signed by the City Clerk and shall be recorded by said Clerk in a
book for that purpose before being delivered to the permit holder
and shall be affixed by the permit holder to the machine, rack, or
device for which the permit is granted. Such permit shall set forth
the name of the person or entity so permitted and the place where
the machine, rack, or device is located and shall continue in force
until the first day of May next ensuing after the date of its issuance
unless sooner revoked. The City Clerk, upon issuing permits hereunder,
shall receive for the City for each permit issued $25.
C.
All such machines, racks, or devices located within areas under the jurisdiction of the Historic District Commission under the provisions of Chapter 273, Historic District, of these Revised Ordinances and MGL c. 40C shall be subject to the aesthetic approval and regulations of the Commission.
D.
Any such machine, rack, or device existing at the time of the enactment
of this section for which a permit has not been granted within 90
days after the enactment of this section shall be removed within 135
days after the enactment of this section.
E.
Any machine, rack, or device placed, erected, or maintained in violation
of the provisions of this section shall be subject to removal by the
Chief of Police or duly authorized representative. Any person or business
entity causing such unauthorized placement, erection, or maintenance
shall be liable for the costs of removal, transportation, and storage
of such machine, rack, or device and shall be subject to a fine of
not more than $200 for each violation. The Chief of Police shall be
invested with full authority to enforce the provisions of this section.
A.
YARD SALE
As used in this section, the following terms shall have the meanings
indicated:
The offering for sale, trade or exchange new or used goods,
articles or wares at any residential premises, where said goods, articles
or wares are conspicuously displayed on the premises.
B.
No person shall conduct a yard sale without first obtaining a permit
from the City Clerk. No person shall conduct a yard sale unless said
permit is conspicuously displayed at the premises at all times during
the yard sale. The City Clerk shall not charge a fee for said permit.
Each yard sale shall be limited to not longer than two consecutive
days and shall be conducted only on the premises where the permittee
resides. At the conclusion of a yard sale, all goods, articles, and
wares must be removed and properly stored; no goods, articles or wares
shall remain on display, or, remain in place covered by a tarp or
otherwise. No person shall be issued more than three permits in a
calendar year. Not more than three yard sales in any calendar year
shall be permitted at any one residential premises. Application for
a license shall be filed with the City Clerk or online prior to the
sale. The City Clerk shall establish a procedure by which application
may be made online.
C.
The City Clerk shall provide the Police Department with notice of
all permits issued under this section. The Police Department and/or
the City Trash Enforcement Officers shall enforce this section.
D.
Any person who violates this section shall be fined $50 for a first
offense; $100 for a second offense; and $150 for a third or subsequent
offense. Each day of a violation shall constitute a separate offense.
E.
This ordinance may be enforced by application for criminal complaint,
or, through the MGL c. 40 § 21D procedure.
A.
FLEA MARKET
FLEA MARKET PROMOTER
TRANSIENT VENDOR
Definitions. The following words shall, for the purpose of this section,
have the following meanings, unless the context requires otherwise:
That portion of a building or property occupied by one or
more vendors, other than retail stores, for sale to the public of
new or used goods or products on a seasonal, limited or full schedule
of operation.
A person who, either directly or indirectly, rents, leases
or grants a license to use space to any person for the display for
sale or for the sale of tangible personal property subject to tax
under MGL c. 64H.
Any person, either principal or agent, who engages in a temporary
or transient business in the City of Taunton selling goods, wares
or merchandise, either in one locality or in travelling from place
to place.
B.
Annual permit; application fee. A flea market permit may be granted
for the operation of a flea market after a location is properly zoned
for that purpose. The permit shall be valid from January to December.
The Municipal Council may, in its discretion, refuse to issue a permit
to a flea market promoter if, after public hearing, it determines
that the applicant has not or is not conforming with the requirements
of this section and other ordinances, rules and regulations of the
City and its departments. The fee for the annual permit shall be $500.
C.
Renewal. No later than 30 days prior to its expiration, the holder
of a flea market permit seeking renewal of said permit shall provide
information to the Municipal Council regarding the number of vendors,
vendor permits, days and dates of operation and all pertinent information
regarding compliance with the provisions of this section and other
ordinances, rules and regulations of the City and its department.
A.
PERSON
TAG DAY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Natural person or legal entity, to include nonprofit corporations.
A person stationed in front of a business engaging in the
in-person solicitation of immediate monetary donations on behalf of
an organization from passersby and/or patrons of the business.
B.
Permit required. It is unlawful for any person to organize, hold
or participate in a tag day except as provided by this section. No
person may organize, hold or participate in a tag day without a permit
from the City of Taunton and permission from the business in front
of which a solicitor is to be stationed. The permit must be in the
possession of a person in charge, who is readily available during
the period of solicitation. The permit must be produced for inspection
upon request.
C.
An application for a tag day permit shall be made to the Mayor's
office upon forms provided by the City, and such application shall
be filed with the Mayor's office at least 15 days prior to the date
for which the permit is sought. The City may, for good cause shown,
allow the filing of an application less than 15 days prior to the
date for which the permit is sought.
(1)
Each applicant must provide the name, phone number and address of
the organization and name and telephone number of the responsible
contact person applying for the permit. If the organization is not
based within the City, proof of an organization's establishment as
a local chapter based within the City must be provided.
(2)
Each applicant must state the purpose for which such solicitation
is to be made and the use or disposition to be made of any receipts.
(3)
All organizations must be based and have a street address within
the corporate limits of the City or alternatively be a local City-based
chapter of a larger umbrella organization which is not based within
the corporate limits of the City.
(4)
All solicitors and soliciting organizations with a post office box
address must also have a street address in the City where their organization
is based, works out of or where meetings are held.
(5)
Soliciting organizations must present documentation depicting their
not-for-profit status within current IRS guidelines. Permit will not
be granted without proof of not-for-profit status.
(6)
Soliciting organizations must use sealed cans for collecting funds.
(7)
City of Taunton departments are exempt from this section.
D.
Limitation of permits. Permits shall be issued on a first-come-first-served
basis and shall be for one calendar day. No more than one soliciting
organization will be permitted to solicit on any day. No more than
two permits shall be issued to any one organization within the same
calendar year, and the permits must be for separate days.
E.
Hours of soliciting in a public place. Solicitation activities are
not to occur prior to 8:00 a.m. or after 8:00 p.m.
A.
Purpose. The purpose of this section is to promote the maintenance
of outdoor drop boxes to protect the health, safety, and well-being
of the community and to maintain the community in an aesthetically
pleasing manner.
B.
DROP BOX
PERSON
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any container or device used by the owner thereof for the
purpose of the collection and temporary storage of any item, including
but not limited to clothing, placed therein by a member of the public.
Trash receptacles and dumpsters are not included in the definition
of "drop box" for the purposes of this section.
Includes natural person, corporation, limited liability company
and any other legal entity.
C.
Permit required. The owner of any drop box must secure a permit.
The permit will be valid for up to one calendar year beginning on
January 1 of each year and expiring on December 31 of each year. The
owner of the drop box must provide on the permit application the name,
address and telephone number of the owner of the drop box. In addition,
the application must contain the name, address and telephone number
of the property owner. The application must be signed by both the
owner of the box and the property owner. This section may be enforced
against the owner of the box, the property owner, or both. The owner
of the drop box must notify the City Clerk of any changes in the information
provided on the permit application. The annual permit fee is $25.
The City Clerk shall be responsible for issuance of permits. The Zoning
Enforcement Officer and/or the Trash Enforcement Officer shall be
responsible for enforcing this section.
D.
Requirements.
(1)
The drop box shall be properly maintained in a clean and neat condition
and in reasonably good repair at all times.
(2)
The drop box shall be emptied on a regular basis to prevent overflow,
but in any event not less than once monthly.
(3)
Neither the owner of the drop box nor the property owner shall permit
or suffer items to accumulate in the vicinity of the drop box.
(4)
The name, address and telephone number of the owner of the drop box
shall be clearly indicated on the outside of the drop box.
E.
Violation and penalties.
(1)
Operation of a drop box without a permit or failure to abide by any
requirements of this section or failure to keep the information provided
on the permit application current shall be a violation of this section
and grounds for revocation or denial of a permit. Any person in violation
of this section shall be punished by a fine of $50. Each day a violation
exists may be considered a separate violation. The United States of
America, the Commonwealth of Massachusetts and its subdivisions are
exempt from this section.
(2)
In addition to the fine, a violation of this section may be deemed
to constitute a public nuisance. The City may, after reasonable notice
to the owner of the drop box and property owner, enter the property
and remove or cause to be removed the nuisance and destroy any drop
box or personal property removed. The costs and charges incurred shall
constitute a debt due to the City and may be enforced in an action
of contract. Said fine, costs, and charges shall constitute local
charges for the purposes of MGL c. 40, § 58.
(3)
The remedies provided herein are in addition to any other lawful
remedy available to the City.
