AN ORDINANCE AMENDING CHAPTER TWENTY THREE (23),
ARTICLE III, OF THE CODE OF ORDINANCES OF THE TOWN OF
NORTH PROVIDENCE ENTITLED "HAWKERS AND PEDDLERS" AND
ADDING A NEW ARTICLE IV ENTITLED "SOLICITING" TO THE
CODE OF ORDINANCES.
IT IS HEREBY ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF NORTH PROVIDENCE AS FOLLOWS:
SECTION 1. That Chapter Twenty Three(23), Article III.,
entitled "Hawkers and Peddlers" shall be amended in its
entirety and replaced with the following provisions and read as follows:
Article III. Hawkers and Peddlers
23-12. Purpose .
The purpose of this article is to protect the public health, safety and general welfare through the regulation of hawkers, peddlers and solicitors in the Town of North Providence.
Pursuant to Chapter 11 of Title 5, Section 1.1 of the General Laws., as amended, the following words shall have the following meaning when used in this chapter.
A "Door to door salespersons" shall mean persons who deliver goods, wares or merchandise to customers for which payment has already been made or is to be made at the time of delivery, excluding delivery companies such as United Parcel Service, Federal Express Or similar companies.
B. "Hawker" shall mean any person selling or offering for sale any goods, wares or merchandise., including any food or beverage on any public street, highway or public right of way in a stationary location.
C. "Peddler" shall mean any person selling or offering for sale any goods, wares or merchandise, including any food or beverage, from a vehicle, cart or any other conveyance which is not stationary.
23-14. License required.
No person shall sell or offer for sale any goods, wares, merchandise, as a hawker or peddler in the Town of North Providence without first having obtained a hawker or peddler license from the Town Council, unless specifically exempted pursuant to Chapter 11 of Title 5, Section 18 of the General Laws, as amended.
23-15. Application for license to be made; license issuance.
A. A person desiring a hawker or peddler license shall make application in writing to. the Town Council. Application shall be made upon a form to be supplied by the Town Clerk. Such application must include the following information:
(1) Proof that he or she has been issued a permit to make sales at retail by the State Division of Taxation and approval from the State Health Department, if applicable.
(2) Each applicant shall provide two (2) forms of identification containing the applicant's address prior to the issuance of that peddling license. If the applicant is a resident of a homeless shelter or other transitional housing program, a letter certifying this residency from the homeless shelter or transitional housing program is acceptable in lieu of the two (2) forms of identification containing the applicant's address
(3) The exact days and hours of operation for the proposed license.
(4) A detailed description of the nature of goods and/or articles to be sold.
(5) The exact location of the proposed business, to include the plat and lot number where the business is to be located on property owned by other than the applicant, a sworn statement must be obtained by the owner consenting to the application.
(6) The current zoning designation of the property.
(7) A letter from the owner of the property where the sales are to be made from approving the applicant to occupy space on said property.
B. Upon receipt of a complete application for a hawker or peddler license, the Town Council shall place the application down for consideration at their next regular Town Council meeting agenda for action. The Town Council may issue a license only if, after a hearing thereon and in their sole discretion, that they find that the requested license will not disrupt the general health, safety, welfare or morals of the Town and pursuant to the requirements of Chapter 11 of Title 5, Section 1.1 of the General Laws, as amended, and as otherwise set forth in Section 23-15, herein.
C. Persons licensed under this Chapter shall remove all paper, food, cardboard., wood or plastic containers, wrappers or any similar type of litter deposited by the licensee or his/her customers. The licensee shall provide and use a waste container, of not less than ten—gallon capacity and not more than thirty-gallon capacity for the placement of such litter. The licensee shall remove all waste and litter generated by the licensee and his or her customers on a daily basis.
D. The Town Clerk, upon a decision of the Town Council to grant a hawker or peddler license shall issue the license, the term of which shall expire on 1' of May next following the issuance of the license.
23-16. Investigation of applicant; grounds for denial or revocation of license.
A. Upon receipt of the application by the Town Clerk's Office, the Chief of Police or his or her designee shall undertake and complete within 30 days an investigation of the applicant's criminal record, or lack thereof, and report his/her findings to the Town Council.
B. The Town Council, may, after a hearing thereon and in its sole discretion, either approve, reject or revoke such license or any application therefor. In reviewing any application for the issuance, renewal or revocation for a hawkers and/or peddlers license, the Town Council may consider any or all of the following factors:
(1) The potential for traffic congestion.
(2) The need in the community for the proposed license.
(3) The zoning of the parcel in question and its compatibility with the proposed application.
(4) The unsatisfactory moral character or business responsibility of the applicant.
(5) Any other conditions which may prove to be inimical to the public health, safety and welfare of the Town.
C. A license issued under this article may be revoked by the Town Council after notice and hearing for, but not limited to, any of the following causes:
(I) Fraud, misrepresentation, omission or false statement contained in the license application.
(2) Fraud, misrepresentation or false statement made by the person in the course of carrying on his or her business as a peddler or hawker.
(3) Any violation of this Chapter.
(4) Conviction of any crime or misdemeanor involving moral turpitude.
(5) Conducting the business of hawking or peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
D. Persons whose license has been revoked under this section may not reapply for a license within one year of the date of revocation.
23-17. License fees.
The fee fora license issued pursuant to this Chapter shall be fifty dollars ($50.00).
23-18. Exemptions and limitations.
A. No license is required from milkmen or farmers selling produce of his/her/its farm.
B. No license is required of any person selling religious books and publications on behalf of a bible, tract or other religious or moral society for the purpose of promoting religious or moral improvement., and are sold for that purpose and not for pecuniary profit.
23-19. Transferability of license.
No license issued pursuant to the provisions of this Chapter shall be transferable, nor shall it authorize a person other than the one to whom it was issued and named therein to act there under.
23-20. Display of license.
A person holding a license issued pursuant to the provisions of this Chapter shall carry it with him at all times while engaged in such business and shall produce it when required by any policeman or member of the Town Council, and failure to do so shall be grounds to revoke his license.
§ 23-21. Penalties for offenses.
Any person who shall violate any provision of this Chapter shall be subject to revocation of license and/or the issue of a fine not to exceed two hundred dollars ($200.00).
SECTION 2. That Chapter Twenty Three(23), Article IV, entitled "Soliciting shall be added to the Code of Ordinances and shall read as follows:
Article IV. Soliciting
A. "Door to door salespersons" shall mean persons who deliver goods, wares or merchandise to customers for which payment has already been made or is to be made at the time of delivery, excluding delivery companies such as United Parcel Service, Federal Express or similar companies.
23-23. Permit required for door to door solicitation.
No person shall sell or attempt to sell his or her products or services by means of door to door solicitation, or employ or permit any other person to do so in the town, before first being issued a permit to do so from the Chief of Police; provided however, that the Chief of Police shall not issue any such permit to any person who has a record of conviction of a felony or of a crime involving moral turpitude and provided, further, that any permission issued under this section shall not be effective until 48 hours after the date of issuance.
23-24. Documents or Information Required.
A person applying for a permit with the Chief of Police shall provide all documents and information required by the Chief of Police in his/her discretion including, but not limited to, a copy of his/her photo state ID, a copy of his/her motor vehicle registration, the time frame or schedule when he/she intends to solicit, the location where the soliciting shall take place and a telephone number where he/she can be reached in a time of emergency.
23-25. Time of Solicitation.
A person shall not solicit within the Town of North Providence except between the time of 9:00 a.m. to one half hour after sunset.
(A) If a person fails to apply for a permit and is found to be soliciting within the Town of North providence by the Town of North providence officials or its police department, for a first offense the persons shall be warned of the violation, made aware of this Ordinance and directed to the North Providence Police Department to acquire a permit before any further soliciting shall be conducted. If a person fails to apply for a permit and is found to be soliciting within the Town of North Providence by the Town of North Providence officials or its police department,
for a second and subsequent offense the person shall be subject to a fine of $100.00.
(B) Any person who files or causes to be filed an application for a permit under this article containing false or fraudulent statements, or who utilizes or employs fraudulent means in connection with any solicitation, shall be deemed to have violated this article. Such violation shall be deemed a misdemeanor and upon conviction thereof, such person or persons shall be fiend not exceeding $500.00.
SECTION 3. All existing ordinances or parts thereof inconsistent herewith are hereby repealed_
SECTION 4 This Ordinance shall take effect upon its adoption..
All fees for licenses shall take effect with the May
1, 2013 renewal and for all new licenses applied for
APPROVED AS TO FORM AND LEGALITY:
TOWN SOLICITOR ADOPTED:
FOR HEARING APRIL 2, 2013 @ 7:00 P.M.
TOWN OF NORTH PROVIDENCE
2000 SMITH STREET
NORTH PROVIDENCE RI 02911