[HISTORY: Adopted by the Board of Aldermen
of the City of Nashua as indicated in article histories. Amendments
noted where applicable.]
[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.
A.
Due to the unique layout of the City Hall and its
use by all of the citizens of Nashua to conduct their public business
with the City, so that it is more greatly used than many buildings
in that it houses many City departments frequently consulted by many
citizens, the special rules set forth in this section have been established
for the dissemination of materials in the vicinity of the City Hall.
No such dissemination shall be permitted inside of the City Hall buildings.
B.
Any person or organization may distribute political,
charitable, religious or similar materials at the City Hall and upon
the land upon which it is constructed, including the parks to the
immediate south and north of the City Hall, in accordance with the
requirements of this section, except that said dissemination of materials
shall be effected around the two entrances to the City Hall as follows:
(1)
East (Main Street) entrance. No dissemination of materials
shall be permitted on the front steps of the City Hall. An unobstructed
pathway at least 10 feet in width shall be maintained from the foot
of the stairway leading to this entrance and running to the east side
of the Kennedy Memorial in front of the building.
(2)
West (Elm Street) entrance. No dissemination of materials shall be permitted under the overhang at the west end of the building or along the two brick sidewalks running east-west to the two parking lots to the west of the City Hall building. Dissemination of materials shall be permitted along the other sidewalks to the west of the City Hall building, so long as it is not conducted within five feet of the westernmost terminus of the center handrails along the aforementioned sidewalks and does not restrict passage along said sidewalks as set forth in § 231-5 above.
(3)
North (alley) entrances. The three entrances along
the alley to the north of City Hall are not public entrances, and
the alley is narrow and used for parking and operation of delivery
vehicles. No dissemination of materials shall be permitted at any
of these three entrances or within the alley, from the start of the
sidewalk in the east to the northernmost corner of the City Hall building
along the alley in the west.
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)]
A.
No person shall solicit financial aid or assistance
from the public offering in return therefore any emblem tag, flower
or like symbol; solicit funds for charitable purposes; or sell tags,
flowers or other objects for charitable purposes unless a charitable
solicitation permit for such activity is obtained from the City Clerk.
Charitable solicitation permits shall be issued for a two-day period
only. Payment of a fee for a charitable solicitation permit is not
required. The holder of such a permit is not authorized, by receipt
of a permit, to enter upon private property for charitable solicitation
without the consent of the owner of that property.
B.
The authority for the issuance of raffle permits granted
under RSA 287-A to the Mayor and Aldermen is hereby granted to the
City Clerk. All such permits shall be issued by the City Clerk in
accordance with the provisions of RSA 287-A, as it is now written
or may hereafter be amended. The fee for each raffle permit shall
be $10. All raffle tickets will show the raffle license number.
As used in this article:
A group of at least five vendors operating in one structure
in accordance with the requirements of the Zoning Ordinance[1] and other pertinent City requirements.
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.
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.
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.
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.
A special event conducted within a limited, defined geographic
area for a period of time not to exceed four days.
Flea market and shows exhibiting wares for sale, hawker,
peddler, itinerant magazine salesman, itinerant photographer, itinerant
vendor or street fair.
A.
No person shall act as a vendor within the City of
Nashua unless licensed to do so.
B.
Each applicant for a vendor's license shall apply
in writing to the City Clerk upon a form to be determined by the City
Clerk. The application shall include:
(1)
The name, home and business address of the applicant,
and the name and the address of the owner, if other than the applicant,
of the business and of any stand or motor vehicle to be used in the
vending;
(2)
A description of the source and type of food, beverage,
merchandise, or service to be sold and in the case of products of
farm or orchard, whether produced or grown by the applicant;
(a)
A separate food service license (in addition
to the vendor's license) must be obtained from the Environmental Health
Department for the sale of various food items.
(3)
A description or photograph of any stand or motor
vehicle to be used for the vending, including the license and registration
number of any motor vehicle used for the vending; and
(4)
A certificate of insurance that the applicant has
been issued an insurance policy by an insurance company licensed to
do business in the state, protecting the licensee and the City from
all claims for damages to property and bodily injury, including death
which may arise from operations under or in connection with the license.
Such policy shall include coverage that the Insurance Department deems
necessary. Exceptions to certificates of insurance may be considered
on a case-by-case basis by the Insurance Department to modify guidelines
to meet the exposures presented in a specific activity. Factors to
consider in determining the required insurance coverage include but
are not limited to the use of vehicles, the potential audience, and
the history of the applicant. The required insurance coverage may
include:
(a)
The City is named as additional insured for
all liability arising out of the operation by or on behalf of the
named insured, and this policy protects the additional insured, its
officers, agents and employees against liability for bodily injuries,
deaths, or property damage or destruction arising in any respect,
directly or indirectly, in the performance of the license;
(b)
Inclusion of more than one insured shall not
operate to impair the rights of one insured against another insured,
and the coverages afforded shall apply as though separate policies
had been issued to each insured;
(c)
The insurance provided herein is primary, and
no insurance held or owned by the City shall be called upon to contribute
to a loss;
(d)
The coverage provided by this policy shall not
be reduced or cancelled without 30 days written notice given to the
City; and
(e)
The licensee shall submit certificates of insurance
countersigned by a state licensed agent prior to the effective date
of the license.
C.
All vendors and licensees required by law to have
City health licenses, state licenses or licenses of any other type,
are responsible for obtaining said licenses and shall be considered
in violation of this article in the event that they are found to be
without said licenses. All health licenses shall be posted in a conspicuous
place.
D.
As a condition of licensure, and at any time during
the license period, an applicant or licensee may be subject to additional
restrictions or conditions ordered by the Building, Health, Police
or Fire Departments as may be warranted by any circumstances pertaining
to a specific vendor or vending site or to prevent any nuisance related
to or caused by the licensed activity. A "nuisance," in addition to
its common law meaning, is anything that endangers life, health or
safety, gives offense to senses, violates common standards of decency
or obstructs the reasonable use, enjoyment, or habitation of any property.
E.
The license may limit the amount of space to be occupied
by the vendor.
F.
Any person who employs others to sell, solicit or
take orders under a permit issued under this article, as well as the
employer of a group of persons selling, soliciting or taking orders
without a permit, shall be held responsible and liable for the acts
of his or her employees and shall be deemed in violation of this article
in the same manner as though he or she were the actual employee in
question.
G.
The vendor's license fee shall be $10 for each day
less than one week, or $25 for one week, or $100 for the year.
H.
All annual licenses issued under this section shall
expire December 31 of each year.
A.
All licenses shall be displayed in a conspicuous place
at all times during the operation of the vending business.
B.
Ice cream and/or canteen truck vendors shall be permitted
in the residential zones of the City in accordance with any ordinances
of the City of Nashua.
C.
Vendors at special events licensed under Chapter 88, Article III (Theaters and Shows) or at street fairs, shall comply with all applicable provisions of this article and rules and regulations issued pursuant to it and pay all fees as required by the person coordinating the special event.
D.
Support equipment and accessories shall be self-contained
within the retail stand when the vendor is not present. Support equipment
and accessories shall not be placed so as to impede pedestrian or
vehicular traffic. In no instance shall the stand, support equipment
and accessories extend beyond an area of nine feet by 20 feet or beyond
the space defined by the license, assigned by a street fair licensee,
or as established within the Downtown District.
No vendor shall:
A.
Directly or indirectly, cause or permit the public
streets, sidewalks or places to be littered with papers, wrappings
or other debris or refuse where the littering results from the conduct
of his or her business;
B.
Use or operate any loudspeaker, public address system,
radio, sound amplifier or similar device to attract the attention
of the public;
C.
Operate in any metered parking area or no-parking
zone, unless otherwise provided;
D.
Operate in any area where his or her operation will
be deemed by the Police Chief or Fire Chief, or his or her designee,
to endanger or inconvenience the general public, including but not
limited to sidewalk and roadside areas;
E.
Operate within 40 feet of driveways, intersections,
bus stops or crosswalks;
F.
Set up a parking lot selling operation without the
written permission of the owner of the property on which the operation
is located, and such written permission shall be available for display
upon request at all times;
G.
Operate in a manner that obstructs or prevents the
free and convenient use of any street or sidewalk by pedestrian or
vehicular traffic;
H.
Sell, or offer to solicit for sale, any goods or merchandise in any park, playground, pool area, or other City recreational facility, without a special permit, nor give any entertainment or exhibition except under the direction, or by permission, of the Superintendent, as provided for under Article I of Chapter 215, Parks and Recreation Areas;
J.
Place or expose for sale or advertisement, merchandise of any description or other article on any sidewalk of the City except in conjunction with a properly licensed street fair or when such activity occurs as an incidental part of the retail sales activity of a merchant regularly conducting business from a permanent building where such sales are conducted on the premises of the building and in close proximity to said building, and the person engaged in such sidewalk displays or sales has obtained a license for a sidewalk obstruction as required under § 285-9;
K.
Enter any house, building or premises where there
is posted on the front of the house, building or premises a written
notice stating that vendors are not desired, unless the vendor has
received the prior consent of the occupant; or
L.
Display any flashing or changing (electronic) sign.
A.
This section shall apply to the Downtown District
shown on the Downtown Outdoor Vending District Map filed with the
City Clerk by the Economic Development Department and adopted as a
part of this article by reference. Said map may be revised periodically
by the Economic Development Department. The area described as the
Downtown District shall include all street area, sidewalks and areas
in front of all properties, buildings and vacant lands fronting on
said boundaries.
(1)
The map shall include a master list of all sites within
the Downtown District that shall be available to street vendors, which
may generally include all, or a portion of the following areas:
(2)
In addition, the map shall set forth the following
information for each area:
(a)
The number of vendors to be allowed;
(b)
Restrictions as to the type of product to be
allowed (e.g., food only, nonfood only, or both food and nonfood);
(c)
Any restrictions as to days or times allowed;
(d)
Whether the site is seasonal or yearlong; and
(e)
Any other special conditions that may apply.
A.
The fee for additional vendors over 10 shall be $5
per vendor per month for a minimum of one month, for flea markets
and shows licensed for four or more days per month, payable in advance.
B.
Licenses for qualifying flea markets and shows exhibiting
wares for sale may be issued by the City Clerk. All fees therefor
shall be paid to the Clerk in advance of any month to which the license
pertains, or the same shall be void. Licenses issued shall be issued
to one named individual or organization who shall be the promoter
of the flea market or show exhibiting wares for sale and who shall
be responsible therefor, and shall be responsible for compliance with
all terms, conditions and requirements of the license and pertinent
law.
C.
Said person shall additionally:
(1)
Keep a register of all vendors participating in the
flea market or show exhibiting wares for sale including such information
as the City Clerk may require from time to time.
(2)
File said register with said Clerk on a monthly basis,
on or before a date to be specified by the Clerk.
(3)
Assure that vendors sell only goods permitted by law.
(4)
Assure that vendors conduct themselves in a lawful
and commercially reasonable manner.
(5)
Take such actions as shall be necessary in order to
carry out his or her responsibilities hereunder.
A.
No person shall engage in the business of an itinerant
magazine salesman except between the hours of 9:00 a.m. and 8:00 p.m.
B.
Each application for an itinerant magazine salesman's
license shall also include the name and address of all organizations
by which he or she is employed or receives commissions or compensation
of any kind; whether he or she has ever before applied for a license
under this section; and verification of identity. The license shall
not be transferable and must be presented to any party being solicited
for magazine orders or to any police officer upon request.
C.
Any person convicted of a violation of any of the
provisions of this section shall have his or her license revoked and
no license shall be issued to such person for a period of three years.
A.
A street fair vendor license shall limit the use of such geographic area by any hawker, peddler, or any other such vendor during the period of the street fair license except such owners or tenants of buildings, rooms or structures within the geographic area, and except in such persons as the holder of the street fair vendor license authorizes to be in the geographic area; provided, however, that a business occupant of a storefront on the ground floor of a building, located within said geographic area, may apply for an exemption to the street fair vendor license restrictions by: first, obtaining a license to obstruct the sidewalk as provided under § 285-9, for the sale of items or promotion of services which are related to the regular and recurrent business activity of the business in operation at that location; and second, applying for a street fair license exemption by delivering to the City Clerk a copy of the license obtained under § 285-9, along with a letter describing the products to be sold or the services to be promoted, no less than 72 hours prior to the event. If the City Clerk determines that the sale of items or promotion of services is related to the regular and recurrent business activity of the ground floor business in operation at that location, he or she shall issue a street fair license exemption upon payment of a $10 fee and shall notify the street fair vendor license applicant within 24 hours or granting said exemption. The person obtaining the exemption must comply with all applicable state and local restrictions, rules, regulations, ordinances and statutes.
B.
The licensee shall have the authority to issue sublicenses
upon payment of a fee not to exceed $150 for the period of the street
fair vendor license, and shall have the authority to designate areas
of use by the sublicensee.
C.
The licensee shall have full discretion in issuing
sublicenses, such discretion to be exercised taking into consideration
the purpose, nature and general atmosphere of the proposed street
fair for which the exclusive license was issued, provided that the
licensee and sublicensees shall, at all times, comply with the ordinances,
rules, regulations, and conditions under which the license was issued.
D.
A written notice of intent to apply for a street fair
license must be submitted at least 14 days prior to the date(s) for
which the license will be requested.
E.
All applications for street fair licenses shall include
a petition signed by 50% of the ground-floor occupants of any and
all buildings, structures or rooms to be included in the geographic
area which is the subject of the proposed exclusive license, or by
an organization or professional association whose members include
50% of the ground-floor occupants of any and all buildings, structures
or rooms to be included in the geographic area, or a combination of
the two.
F.
All applications shall include a copy of the applicant's
state license(s) and/or license from the Environmental Health Department,
if such licenses are required by statute or ordinance.
G.
The street fair vendor licensee shall make suitable
provisions to allow for solicitation and dissemination of materials
by charitable and nonprofit groups.
H.
The City shall be paid a fee of $5 per sublicensee,
and the licensee shall provide a list of all sublicensees and a map
detailing the assigned locations of all sublicensees to the City Clerk
no less than 72 hours prior to the event.
I.
The map detailing the assigned locations of all sublicensees
is subject to the review of the Mayor or his or her designee and may
be subject to additional restrictions or conditions ordered by the
Mayor or his or her designee, the City Clerk, or the Building, Health,
Police or Fire Departments as may be warranted by any circumstances
pertaining to a specific vendor or vending site or to prevent any
nuisance related to or caused by the licensed activity.
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.
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]
A.
Any person who shall violate any provision of this article shall be subject to punishment as provided in § 1-12 of the City Code.
B.
Notwithstanding other provisions of this article,
licenses issued under this article may be suspended or revoked by
the City Clerk after notice for any of the following causes:
(1)
Fraud, misrepresentation, or false statement contained
in the application for license;
(2)
Fraud, misrepresentation, or false statement made
in the course of carrying on the vending;
(3)
Any violation of this article;
(4)
Any violation of applicable municipal building, zoning,
health, police and fire rules, regulations, and ordinances and applicable
statutes, rules and regulations of the state;
(5)
Any violation of a restriction or condition placed
on the license; or
(6)
Vending or activity that endangers the public health,
welfare or safety.
C.
Upon receipt of notification of denial or pending
suspension or revocation of a vendor's license, or for the issuance
of new or revised conditions or restrictions on the licensee from
the office of the City Clerk, the applicant or licensee may request,
in writing, a hearing before the personnel and Administrative Affairs
Committee of the Board of Aldermen. The request must be made within
10 days of the date of notice. The Personnel and Administrative Affairs
Committee shall set a hearing date, notifying the applicant or licensee
of said hearing date. The hearing will be held at the earliest possible
date and the matter shall be decided within a reasonable time. The
applicant or licensee will be notified of the decision of the Committee,
and the decision by the Committee to deny, restrict, suspend, or revoke
a vendor license shall be final.
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.
