(Rev. Ords. 1976, Pt. 2, Ch. 8, § 7)
No hawker or peddler shall sell, or offer or expose for sale, any of the articles enumerated in M.G.L. section 17 of chapter 101, until he has recorded his name and residence with the board of health.
(Rev. Ords. 1976, Pt.2, Ch. 8, § 8)
No person hawking, peddling or carrying or exposing any article for sale shall cry his wares in a public street, nor use or cause to be used a bell, horn or other noise-making instrument, or other means therein for the purpose of giving notice of the exercise of a business or calling, or for the sale of an article.
(Rev. Ords. 1976, Pt. 2, Ch. 8, § 9)
No person hawking, peddling or carrying or exposing articles for sale 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. Such vehicles and receptacles shall be inspected by the agent of the board of health once a month.
(Rev. Ords. 1976, Pt. 2, Ch. 8, § 10; A0173-12)
Every hawker and peddler licensed by the board of health shall be assigned a number, and shall provide himself with a badge of such type or design as may be approved by the board of health, which shall be worn conspicuously by him. Every other hawker or peddler, as described in section 12-21, shall also provide himself with a similar badge, which he shall wear in a like manner. Whoever neglects to wear such badge or wears it without authority shall be punished by a fine in accordance with the provisions of Section 1-8 of these Revised Ordinances.
(Rev. Ords. 1976, Pt. 2, Ch. 8, § 11)
Every vehicle or other receptacle used by a licensee under the provisions of this article as a conveyance for articles offered or exposed for sale by him shall have plainly painted or attached to each side of such vehicle or other receptacle the licensee’s name and number, in letters and figures at least two (2) inches in height.
(Rev. Ords. 1976, Pt. 2, Ch. 8, § 12)
No person shall be registered or assigned a number under the provisions of sections 12-21 and 12-24 until he presents a certificate from the inspector 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 and each licensee shall have such measuring and weighing devices inspected at least once a month thereafter. 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.
(Rev. Ords. 1976, Pt. 2, Ch. 8, § 13; Ord. of 04-08-2004)
(a)
Every person who is required by reason of his employment to enter the premises of any private firm, home or residence in the city for the purpose of reading gas, electric or water meters, or working on telephone or cable television systems shall have in his possession to display, if requested, an identification badge. Such identification shall contain the photo of the person having such badge, together with name of such person and whom he represents, signed by a duly authorized officer of his employment. Such badges shall not be less than two (2) inches in height and width.
(Rev. Ords. 1976, Pt. 2, Ch. 11, § 16; amended C0212-16)
(a)
No person shall go from place to place or from door to door, or occupy or use any part of a public way within this city for the purpose of soliciting charitable contributions, or of conducting any survey or poll, or of selling or offering for sale any article or service whatsoever, without first obtaining a written permit so to do from the chief of police or other officer in charge of the police department at the time such request is made.
(b)
Such permit may be issued not more than seven (7) days prior to the date on which it is to be effective and shall specify the time of day and other terms and conditions under which it is to be issued. Any person found violating this section shall be informed of its existence and must obtain a permit before continuing such activities.
(c)
Whoever violates any of the terms or conditions under which the permit was issued or whoever persists in soliciting, etc. after being informed of its existence without obtaining such permit, shall be fined in accordance with the provisions of Section 1-8. Additionally, any company and/or organization for whom the solicitor is employed or otherwise associated with for the purpose of door-to-door solicitation shall be responsible for the individual’s violation of the terms or conditions under which the permit was issued or for the individual’s persistence in soliciting, after the individual has been informed of its existence without obtaining such permit, and shall be fined in accordance with the provisions of Section 1-8.
(Rev. Ords. 1976, Pt. 2, Ch. 8, § 1)
No person, other than a person licensed under M.G.L. Ch. 101 sec. 22, shall go from place to place in the city selling, bartering or carrying or exposing for sale or barter, any fruits, vegetables, meat, butter, cheese, or fish in or from any cart, wagon or other vehicle, or in any other manner without a license therefor from the board of health; provided, however, that this section shall not apply to any person who sells only fruits or vegetables raised or produced by himself or his family or fish which is obtained by his own labor or the labor of his family.
(Rev. Ords. 1976, Pt. 2, Ch. 8, § 2)
The board of health shall have the authority to issue licenses required by the provisions of Section 12-41 to any person of good repute for morals and integrity.
(Rev. Ords. 1976, Pt. 2, Ch. 8, § 3; Ord. of 3-4-99)
Licenses required by 12-41, unless sooner revoked by the board of health, shall date from and expire on the first day of May of each year. The fee shall not exceed the limit set by the Division of Standards.
(a)
Burial – fifteen dollars ($15.00)
(b)
Funeral Director – one hundred dollars ($100.00)
(c)
Catering Company – seventy-five dollars ($75.00)
(d)
Catering (outside) – ten dollars ($10.00)
(f)
Food Service (restaurant/theatre) – seventy-five dollars ($75.00)
(g)
Food-retail store – seventy-five dollars ($75.00)
(h)
Frozen Desert – twenty-five dollars ($25.00)
(i)
Massage Therapist – fifty dollars ($50.00)
(j)
Massage Establishment – one hundred dollars ($100.00)
(k)
Milk – ten dollars ($10.00)
(l)
Milk Dealer – fifty dollars ($50.00)
(m)
Mobile Vendor – fifty dollars ($50.00)
(n)
Tanning – fifty dollars ($50.00)
(o)
Tobacco – fifty dollars ($50.00)
(Rev. Ords. 1976, Pt. 2, Ch. 8, § 4; A0173-12)
Any licensee under this article who fails, neglects or refuses to exhibit his license when the same is demanded of him by an officer of the board of health, inspector of weights and measures or police officer shall be fined in accordance with the provisions of Section 1-8 of these Revised Ordinances.
(Rev. Ords. 1976, Pt. 2, Ch. 8, § 5)
Nothing in this article shall be construed as conflicting with any license issued under the authority of the Commonwealth.
(Rev. Ords. 1976, Pt. 2, Ch. 11, § 14)
The Board of License Commissioners shall establish a fee schedule in accordance with the provisions of M.G.L. c. 140 § 2.
(Former Section 12-48, Motor Vehicle Body Shops and Motor Vehicle Repair Shops, was repealed 12-13-2021 by Ord. No. C0204-21. History includes: A0071-07A; A0115-10; A0077-07; C0263-18; amended as part of October 2021 update; C0032-14; C0255-18; A0254-09; A0173-12; C0255-18; A0255-09; C0263-18; C0442-16; C0263-18)
(Rev. Ords. 1976, Pt. 2, Ch. 7, § 34; Ord. of 04-08-2004; A0173-12)
(a)
No person, firm, corporation or other legal entity shall park, garage, maintain, store or keep on display, on any private premises, covered or uncovered, more than three (3) unregistered or uninsured motor vehicles, except by license granted by the city council, except municipal parking lots, licensed open air parking lots or holders of first or second class motor vehicle licenses and licensed garages.
(b)
Said licenses shall be subject to such rules and regulations established by the fire prevention bureau of the City of Everett.
(Ord. of 6-28-82; Ord. of 7-27-83, § 13A; Ord. of 11-16-92; A0173-12; amended C0255-18)
(a)
No person shall sell flowering plants, whether real, artificial, permanent, temporary, wild, or cultivated, either on open, private property or from a tent, booth, building or structure on said private property without first obtaining a letter of authorization from the owner of said property and a license from the city council. The applicant may then present said letter from the owner and license from the city council to the city clerk for a temporary license. Upon paying the fee for such license as specified in Article XI of this chapter, the city clerk shall issue such license for the property where flower and flower related items are to be sold; provided such property, from any point, is not closer than 500 feet to a point of a property to which was granted an occupancy permit by the Building Inspector to conduct a florist business.
(b)
No person shall sell flowering plants or related items, whether real, artificial, permanent, temporary, wild, cultivated or uncultivated on a public way or public land without:
(1)
Obtaining a license from the city council specifying location on public way which he wishes to occupy. The license granted must be posted in a conspicuous area for public viewing.
(c)
Upon obtaining approval from the city council and permit from the city services commission, the applicant may then present such permits and approval to the city clerk, who shall issue a temporary license for the occupation of public land or on a public way or part thereof to sell flowers and related items, and shall pay the fee for such permit as specified in Article XI of this Chapter. The license granted shall be posted in a conspicuous view.
(d)
No license shall be issued by the city clerk for any location on public property or way or parts thereof which location from any point would be within five hundred (500) feet, to a point of property to which was granted an occupancy permit by the building inspector to conduct a florist business.
(e)
All applications must be made thirty (30) days prior to the first date requested.
(f)
All hawkers and peddlers licensed under M.G.L. c. 101 shall comply with the provisions of this section, but this shall not prevent a hawker or peddler licensed under said chapter to sell his wares, provided he does not remain in a set position on a public way or part thereof for more than ten (10) minutes to make a sale.
(g)
There are exempted from the provisions of this section florist establishments, which have been granted an occupancy permit by the building inspector to carry on the business of a florist shop.
(h)
No person shall sell Christmas trees or Christmas wreaths on a private open area without obtaining a license from the city council. No person shall sell Christmas trees or Christmas wreaths on an open private area that is located within five hundred (500) feet of an existing florist shop for which a florist occupancy permit has been issued.
The city clerk may issue the license granted by the city council upon the payment of the fee for such permit as specified in Article XI of this Chapter. Such permits shall commence and expire in accordance with the provisions of Article XI of this Chapter. This license must be posted in a conspicuous area for public viewing.
(C0255-18)
The annual fee for operating a taxicab (hacking license) shall be the fee for such license as specified in Article XI of this chapter.
(Ord of 06-22-2005; A0173-12)
(a)
This ordinance shall be known and may be cited as the Open Air Parking Ordinance.
(b)
For the purpose of this chapter, the following words are defined as set forth herein:
(1)
Abutters – owners and residents of property within one hundred and fifty feet (150’) of the proposed open air parking lot;
(2)
Open-Air Parking Lot – a land area for the parking or storage of four (4) or more motor vehicles for any period of time for a fee, including Towing Yards.
(3)
Property Owner – the registered owner of the property used or to be used for the purpose of operating an open-air parking lot;
(4)
Towing Yards -an area of land that is used for the short-term storage of motor vehicles, not to exceed ninety (90) days. Vehicles stored in such lots shall be limited to those removed at the request of public agencies, insurance companies, financial institutions, or other persons who may claim a property or security interest in the vehicle
(c)
No person shall operate an open-air parking lot as defined above, without obtaining a license to do so by affirmative vote of the city council upon fulfilling the requirements set herein.
(d)
Any person seeking a license to operate an open-air parking lot, hereinafter called the petitioner, shall at the time of application provide to the City Clerk the following:
(1)
Completed forms provided by the City Clerk or his designee, which shall be signed and attested to under oath;
(2)
A certified engineered plot plan of the proposed location. Said plot plan shall include:
a.
The surface of such lot;
b.
The building(s) thereupon;
c.
The location of proposed parking spaces;
d.
The means and direction of egress and exits;
e.
The location of secured lighting;
f.
Location of employee parking;
g.
Location of vehicles used by operator;
h.
Such other information as requested by any department of the City of Everett.
(e)
No original license shall be granted unless the petitioner has conformed to the rules and regulations of the city council pertaining to the granting of such license. The rules and regulations are as follows:
(1)
Petitioner shall obtain from the building inspector a statement that the lot and any building(s) or structure(s) to be used is in a business or industrial district or is an existing non-conforming use in a dwelling or apartment district, and that such building conforms to local and State Building Codes.
(2)
Petitioner shall obtain from the bureau of fire prevention a statement that the lot and any building or structure conforms to the requirements of public safety, police department and fire prevention.
(3)
Petitioner shall accept each license on condition that he will conform to such conditions as may be imposed, as to the hours of operation, elimination of noise, and nuisance within the area where the business is being conducted, in each case, for the public’s safety and welfare.
(4)
A public hearing shall be held by the city council on each petition and the petitioner shall publish notice of said hearing in a local paper and shall notify all abutters by registered mail of the time of said hearing.
a.
Notice of public hearing via mail and newspaper shall be made not more than fourteen (14) days and not less than seven (7) days before the date of the required public hearing;
(5)
Petitioner shall furnish a statement under pains and penalties of perjury that he is the owner and operator of the business and a duly authorized agent of the corporation and that no other person, corporation, trust or business entity is interested in said business, in whole or in part.
(f)
Every parcel of land hereafter used as an open-air parking lot as defined in this Section shall be designed, developed, and maintained in accordance with the following requirements. The parking lot:
(1)
Shall not be used for the repair, dismantling, or servicing of any vehicles, equipment, materials, or supplies.
(2)
Shall be graded for proper drainage and provided with an all-weather surfacing maintained at all times in such a manner as to prevent the release of dust and to be free of dust, trash and debris.
(3)
Shall be designed such that each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space.
(4)
Shall be designed with appropriate means of vehicular access to a street or alley in such a manner as to minimize interference with traffic movement.
(5)
Shall be designed with proper landscaping to add to the aesthetic properties of the neighborhood as determined by the city council.
(6)
Shall, if hazards exist which can be eliminated or lessened by properly designed and located lighting, be required to be illuminated. The Building Department may recommend, and the city council may authorize, any required parking facilities to be illuminated at such hours and in such a manner as deemed to be in the best interest of the public safety and security.
a.
Lighting facilities, if required, shall be so arranged and operated so that they neither unreasonably disturb occupants of adjacent properties nor interfere with traffic.
b.
All exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residence district.
(7)
Shall comply with all the applicable Sections of the Zoning Ordinances of the City of Everett.
(g)
If any subsection, subdivision, paragraph, sentence, clause or phrase of this Section or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Section.
(h)
Violations of this Section shall be punished by fine in accordance with the provisions of Chapter 1-8 of these Revised Ordinances of the City of Everett.
(A0173-12; amended C0255-18)
No person shall tell fortunes for money unless a license therefor has been issued by the City Council. Said license shall be granted only to applicants who have resided continuously in the city for at least 12 months immediately preceding the date of the application. No such license shall be transferred or assigned. The fee for each license granted under this section shall be as specified in Article XI of this Chapter. Whoever tells fortunes for money unless licensed under this section shall be punished by a fine of not more than $100.00.