[Adopted 4-12-1988 by Ord. No. O-88-21 (Sec. 19-1 of the 1987 Code)]
In recognition of essential fundamental constitutional
rights of free speech, religious exercise and unfettered participation
in the political process, all requiring the exchange of ideas, the
dissemination of political, charitable, religious or similar materials
of a printed or other nature are permitted on all sidewalks of the
City, and are permitted on all public lands of the City during such
times as said lands are open to use by the general public. Dissemination
of materials as aforesaid is prohibited within the portions of all
streets of the City travelled by automotive traffic for safety reasons,
and within all publicly owned buildings, in order to minimize the
disruption upon governmental functions and to enhance the neutrality
and nonpartisan or nonsectarian character of governmental offices
and agencies, although said dissemination is not prohibited upon the
lands on which said publicly owned buildings have been erected, in
accordance with this article.
Nothing contained in this article shall modify any requirements for registration or licensure, or other requirements pertinent to the manner in which a permitted activity is carried out, whether germane to elections, polling places, charitable solicitation as regulated by §
231-9, or state law, or encumbrances of streets and sidewalks as set forth in this chapter, or otherwise pertinent to the activities generally described or referred to in this article.
The solicitation of funds for use by any organization
of a political, charitable or similar nature in connection with the
dissemination of materials as set forth in this article is permitted
so long as said solicitation is otherwise lawful under federal and
state law, and all applicable local ordinances and necessary registrations,
permits or approvals have been obtained in advance, if required in
advance. It shall be the responsibility of any person or organization
soliciting funds as set forth in this section to comply with all of
said pertinent laws and to reasonably demonstrate, with any necessary
documentation, compliance therewith, upon request by any police officer
or other authorized official of the City, within 24 hours of said
request. This section shall not be construed to require the production
of any information or documents which may not be lawfully required
by the City in order to effectuate the purposes of this section, which
are to ensure that all pertinent laws and ordinances have been complied
with.
Nothing in this article shall be construed to
be a regulation by the City in any way of the content of protected
speech, or a regulation to restrain the same in advance, or to prohibit
the dissemination of constitutionally protected political, charitable,
religious or similar materials. It is the purpose of this article
to reasonably regulate the manner of dissemination of the materials
covered hereby so that the rights of all other citizens using public
streets, sidewalks and lands, or conducting business with the City
or its agencies, will be reasonably protected from undue influence,
harassment or annoyance in the exercise of their rights without depriving
them of opportunities to expose themselves to the views of others
or to receive materials or to make contributions that they may freely
wish to make. This article shall not be construed to expand upon,
affect or permit any greater right of any person or organization to
distribute commercial information or materials than is otherwise permitted
under federal, state and local law exclusive of this article.
Any person or organization may distribute political, charitable religious or similar materials on any public sidewalk within the City, provided that access to any entranceway to any building is not restricted and free passage of pedestrians upon said sidewalk is not infringed. Access to an entranceway shall be deemed not to be restricted if the dissemination of materials is not conducted within five feet of either side of said entranceway at its widest points. Free passage of pedestrians upon a sidewalk shall be deemed not to be infringed if a passageway having a width of five feet remains clear at all times, said passageway being within the inner and outer paved edges of said sidewalk. For sidewalks narrower than five feet, a passageway of two feet shall be deemed reasonable. No table, chair, sign, stool, booth, kiosk, display, billboard or other similar article or device shall be placed upon any sidewalk in connection with the dissemination of materials as set forth in this article, unless the person or organization disseminating the same shall have first obtained a permit therefor from the Department of Public Works in accordance with the procedures of §
285-9 of the City Code. Any person or organization aggrieved by a decision pertinent to said permit by the Department of Public Works may appeal to the Board of Public Works, and thence to the Board of Aldermen, if said person or organization remains aggrieved.
Any person or organization may distribute political, charitable, religious or similar materials on any public land within the City. The same regulations shall pertain thereto as shall pertain to the dissemination of said materials upon public sidewalks as set forth in §
231-5 above. In addition, said dissemination shall be prohibited in or upon public lands in areas where the general public is not permitted, and at times when the general public is not permitted in said areas or upon said lands. Said dissemination is prohibited within all public buildings of the City, its departments or agencies.
Any person who violates any provision of this section shall be punished as provided in §
1-12 of the City Code and/or as may be authorized by state law, including the Criminal Code, equitable relief or otherwise.
[Adopted 4-27-2004 by Ord. No. O-04-07 (Secs. 12-56 to 12-69 of the 1987 Code)]
As used in this article:
HAWKER or PEDDLER
Any person, either principal, agent or employee, who goes
from town to town or from place to place in the same town, or from
a temporary place of business, selling or bartering, or carrying for
sale or barter or exposing therefore any goods, wares, merchandise,
or services.
ITINERANT MAGAZINE SALESMAN
Any person, either principal, agent or employee, who engages
in a temporary or transient business in this City of traveling from
house to house soliciting orders for magazine subscriptions or renewals.
ITINERANT PHOTOGRAPHER
Any person, either principal, agent or employee, who engages
in a temporary or transient business in this City, whether such person
conducts their business by traveling from house to house taking pictures
in a house, or operating from a hotel room, store or other place of
business, or otherwise, and who performs any of the following acts
of the photography business: solicits orders, takes pictures, assists
in the taking of pictures, shows proofs, delivers pictures, or makes
collections for pictures sold.
ITINERANT VENDOR
Any person, either principal, agent or employee, who engages
in a temporary or transient business in this state, either in one
locality or traveling from place to place, selling goods, wares and
merchandise from stock or by sample for future delivery, and who,
for the purpose of carrying on such business, hires or occupies any
building or structure for the exhibition and sale of such goods, wares
and merchandise or samples.
STREET FAIR
A special event conducted within a limited, defined geographic
area for a period of time not to exceed four days.
VENDOR
Flea market and shows exhibiting wares for sale, hawker,
peddler, itinerant magazine salesman, itinerant photographer, itinerant
vendor or street fair.
It shall be lawful on Sunday to engage in any
play, game or sport to the maximum extent permitted by state law.
It shall be lawful on Sunday to keep any shop,
warehouse, cellar, restaurant or workshop open for the reception of
company, and to expose for sale any merchandise whatever.
[Amended 2-26-2008 by Ord. No. O-08-07]
The following are exempt from the provisions
of this article:
A. Persons enrolled in elementary and secondary schools
conducting such solicitations under the direction and guidance of
the school or other charitable organization.
B. Individuals under the age of 16 years who vend Girl
Scout cookies, candy, lemonade, or similar items.
C. Any person issued a charitable solicitation permit under §
231-9.
D. A vendor activity or event, sponsored or cosponsored
by the City of Nashua, shall be subject to licensure. However, payment
of a fee is not required.
E. A vendor
covered under this chapter, who sells only Christmas trees, wreaths,
and/or boughs.
[Added 11-25-2008 by Ord. No. O-08-45]
Licenses granted under this article shall remain
the property of the City and are to be returned to the office of the
City Clerk during a period of suspension, after revocation, or if
the person, firm, corporation, or association holding the vendor license
ceases to operate.