No person shall go through the streets or ways of the Town as
a hawker or peddler, selling or exposing for sale fruits or vegetables,
without first obtaining a written license from the Selectmen of the
Town; provided that this article shall not apply to a person engaged
in the pursuit of agriculture who peddles fruits or vegetables.
No person, during any parade, festival, concert, sporting event
or other public event, shall use, sell, or distribute on any street,
sidewalk, or public way of the Town or upon any property owned by
the Town, a product known as "silly string" or any similar product
sold or used for amusement that ejects a soft rubbery substance; any
aerosol can that ejects paint, shaving cream, foam or makes loud noises
or any explosive device.
Any hawkers or peddlers selling goods, wares, and merchandise
in conjunction with or in the vicinity of any parade, including, without
limitation, the Fourth of July Parade, in the Town of North Andover
shall be subject to the following restrictions:
A. Hawkers and peddlers shall at all times remain a distance of at least
30 from the center line of the street or roadway of the parade route.
B. No explosive devices such as hand-thrown caps or similar products
capable of making explosive noises shall be sold.
C. All hawkers and peddlers shall display their license number in a
conspicuous manner at all times.
D. All hawkers and peddlers shall make any goods, wares or merchandise,
which they offer or intend to offer for sale, available for inspection
by the Police or Fire Chief or their designees.
The enforcement agent for the purpose of this bylaw shall be
the Chief of Police or his designees.
Any person or organization violating any of the provisions of this bylaw shall be subject to a fine of $300, and each day a violation occurs shall be considered a separate offense. This penalty may be enforced under the provisions of the noncriminal provisions contained in Chapter
1, Article
II, of the Town's General Bylaws.
This bylaw, adopted pursuant to MGL c. 43B, § 13 and
Article 89 of the Amendments to the Constitution of the Commonwealth
of Massachusetts, establishes registration requirements and specific
operation requirements for all persons intending to engage in door-to-door
canvassing or solicitation in the Town of North Andover in order to:
A. Protect its citizenry from disruption of the peaceful enjoyment of
their residences and from the perpetration of fraud or other crimes;
and
B. Allow for reasonable access to residents in their homes by persons
or organizations who or which wish to communicate either commercial
or noncommercial messages.
As used in this bylaw, the following terms shall have the meanings
indicated:
REGISTERED SOLICITOR
Any person who has obtained a valid certificate of registration
from the Town, as required under this bylaw.
RESIDENCE
Includes every individual dwelling unit occupied for residential
purposes by one or more persons.
SOLICITOR OR CANVASSER
Any person who, for himself or for another person, firm or
corporation, travels by foot, automobile or other type of conveyance
from place to place, from house to house, or from street to street,
taking or attempting to lease or take orders for retail sale of goods,
wares, merchandise, or services, including, without limitation, the
selling, distributing, exposing for sale or soliciting orders for
magazines, books, periodicals or other articles of a commercial nature,
the contracting of all home improvements, or for service 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 or whether he/she
is collecting advance payment on such retail sales.
The provisions of this bylaw shall not apply to any person duly
licensed under MGL c. 101, or to any person exempted under MGL c.
101, MGL c. 149, § 69, MGL c. 180, § 4, or to
any person exempted by any other General Law, or officers or employees
of the Town, county, state or federal government when on official
business or route salesmen or other persons having established customers
to whom they make periodic deliveries to such customers or from making
calls upon prospective customers to solicit an order for future periodic
route deliveries, including news carriers. This bylaw shall not prevent
persons from engaging in the pursuit of soliciting for charitable,
benevolent, fraternal, religious or political activities.
Upon receipt of the application, the Chief of Police shall investigate
the applicant's background and reputation. Within seven days of the
filing of the application, the Chief shall endorse on such application
his approval or disapproval.
Every occupant of a residence desiring to secure additional
protection, as provided by this bylaw, shall comply with the following
requirements:
A. A weatherproof card, approximately three inches by five inches in
size, shall be exhibited upon or near the main entrance door to the
residence or at the beginning of the driveway indicating the determination
by the occupant as to whether solicitors or canvassers are invited
to the residence by the following applicable words:
"No Solicitors or Canvassers Invited"
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No Solicitors or Canvassers Invited Before the Hour of __________
a.m. or After the Hour of __________ p.m."
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B. Further, it shall be unlawful for any canvasser or solicitor to enter
the premises of a resident or business who has displayed a "No Trespassing"
or No Soliciting" sign or poster.
The Chief of Police is hereby vested with jurisdiction over
the revoking of a registered solicitor for any violation of the provisions
contained within this bylaw or who knowingly provides false information
on the registration application. Any person aggrieved by such revocation
may appeal to the Town Manager within seven business days in writing,
and a hearing will be scheduled within five business days.
Invalidity of any individual provision of this bylaw shall not
affect the validity of the bylaw as a whole.
Any fines established by this bylaw may be changed, from time
to time, by an action of the Board of Selectmen.