[HISTORY: Adopted by the Town of North Attleborough as Art.
XI of the Bylaws. Amendments noted where applicable.]
A.
No person shall go from place to place in this Town selling or bartering,
or carrying for sale or barter or exposing therefor, any goods, wares,
or merchandise, either on foot, on or from any animal or vehicle,
or in any manner without a license therefor from the Consumer Affairs
and Business Regulation, Division of Standards, and the Police Chief
of the Town.
[Amended 8-29-2023 by
Measure No. 2023-079]
B.
This chapter does not apply to commercial agents or other persons
selling by sample, lists, catalogues, or otherwise for future delivery,
nor to any dealer regularly engaged in supplying customers with fuel
oil for heating or cooking purposes from a fixed place of business
and who does not customarily solicit direct sales from house to house
or by means of outcry, sign or signal, nor to any person who peddles
only fish obtained by his own labor or that of his family, fruits,
vegetables or other farm products raised or produced by himself or
his family, nor to persons selling articles for charitable purposes.
No person hawking, peddling, carrying or exposing any article
for sale shall cry his wares to the disturbance of the peace and comfort
of the inhabitants of the Town nor shall be otherwise carry or convey
such articles than in vehicles and receptacles which are neat and
clean and do not leak.
Hawkers and peddlers may sell without license newspapers, religious
publications, ice, flowering plants, and such flowers, fruits, nuts,
and berries as are wild or uncultivated. The Licensing Board may promulgate
regulations, not inconsistent with MGL c. 101, to regulate the sale
or barter by hawkers and peddlers of said articles.
[Amended 8-29-2023 by
Measure No. 2023-079]
Every person licensed as a hawker or peddler shall produce his
license for inspection whenever demanded by a Town Manager, Licensing
Board, Sealer of Weights and Measures, Treasurer Collector, Town Clerk,
Constable, police officer or Justice of the Peace; and if they fail
so to do, he shall be subject to the same penalty as if he had no
license. Each peddler shall wear a badge provided by the state in
a conspicuous place. Each vehicle shall have attached to the front
or side thereof in a place where it may be readily and plainly seen
the plate or tag provided by the state with the license number attached.
The Sealer of Weights and Measures, Constables and police officers
shall arrest and prosecute every hawker and peddler whom they have
reason to believe guilty of violating any provisions of the General
Laws pertaining to hawkers and peddlers. The Licensing Board also
shall have the authority to enforce any provisions of this bylaw,
in accordance with the Charter.
The Licensing Board may grant to any organization engaged exclusively
in charitable work or to a post of any incorporated organization of
veterans who served in the military or naval service of the United
States a special license authorizing it, upon a particular day and
for a charitable purpose named in such license, to sell, through its
accredited agents in the streets and other public places, flags, badges,
medals, buttons, flowers, souvenirs and similar articles, provided
that no person under 16 years of age shall be accredited as such agents,
that such agent shall wear in plain sight while engaged in selling
such articles a badge provided by such organization or post and approved
by the Licensing Board, bearing upon it the names of such organization
or post and the date on which the license is to be exercised and that
no such agent shall be authorized to make or attempt to make such
sales in front of any private premises against objections of the owner
or occupant thereof.
A hawker or peddler who sells or barters or carries for sale
or barter or exposes thereof any goods, wares, or merchandise except
as permitted by MGL c. 101 shall forfeit not more than $200 to be
equally divided between the commonwealth and the Town.
A.
No transient vendor, as defined by MGL c. 101, §§ 1
and 2, shall make any sale within the Town without state and local
licenses as required by MGL c. 101, as amended. Any transient vendor
that does not comply with MGL c. 101 shall be subject to a fine of
$20 for each day on which he is in noncompliance.
B.
No transient vendor shall make any sale of goods, wares or merchandise
on private property within the Town unless he has written permission
from the owner of the private property. Every transient vendor shall
produce his license for inspection and his written permission from
the owner of the private property whenever demanded by the Town Manager,
Licensing Board, Sealer of Weights and Measures, Treasurer Collector,
Town Clerk, Constable, or police officer; and if he fails to do so,
he shall be subject to the same penalty as herein above provided.
[Amended 8-29-2023 by
Measure No. 2023-079]
