ARTICLE VII. - HAWKERS AND PEDDLERS
Part of the Code of Ordinances of East Providence, RI.
The text
Footnotes:
--- (7) --- Cross reference— Public places, ch. 13; streets and sidewalks, ch. 14.
State Law reference— Hawkers and peddlers, G.L. 1956, § 5-11-1 et seq.; local license, G.L. 1956, § 5-11-18; itinerant vendors, G.L. 1956, § 5-15-1 et seq.; home solicitation sales, G.L. 1956, § 6-28-1 et seq.
Sec. 8-140. - Definitions.#
The following words, terms and phrases when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Door-door salesmen means persons who deliver goods, wares, or merchandise to customers for which payment has already been made at the time of delivery.
Hawker means any person selling or offering for sale, any goods, wares or merchandise whatsoever including any food or beverage, on any public street, highway, public right-of-way, or other location that does not have a building or structure for such purpose.
Peddler means any person selling or offering for sale, any goods, wares, or merchandise whatsoever, including any food or beverage, from a vehicle, cart or any other conveyance which is not stationary, from any public street, highway, public right-of-way, or other location.
Persons selling flowers, not grown by the seller, and are deemed to be hawkers or peddlers.
Mobile food establishment registered under state law and/or with the City of East Providence pursuant to chapter 8, article XXIII, are not considered hawkers or peddlers.
(Rev. Ords. 1987, § 8-148; Ch. 237, § I, 11-26-02; Ch. 835, § I, 3-15-22)
Cross reference— Definitions generally, § 1-2.
Sec. 8-141. - License required.#
Except as hereinafter provided in this article all hawkers and peddlers desiring to sell or offer for sale as hawkers and peddlers any articles or substances within the city and all persons desiring to sell or to offer for sale any goods, wares, merchandise, ice cream or other articles or substances on any street in the city shall first obtain a city license therefor, to be issued by the city clerk.
(Rev. Ords. 1987, § 8-141)
Sec. 8-142. - Application; issuance; expiration.#
(a)
All persons desiring a peddlers or hawkers license as required in section 8-141 shall make application to the city clerk for such license, and the city clerk, after granting of the application by the council, may issue a license subject to the approval of the chief of police and the state health inspector if food is involved, to such persons to sell the articles and substances mentioned in section 8-141 in such manner as shall be specified in the license and in the permitted area as is designated by the city council and is approved by the chief of police for reasons relating to public health and safety for the period from the date of such license until December 1 next ensuing such date. No licensee shall hawk or peddle in any other area than that to which he/she is permitted under the license granted by the city. Violations of such may result in loss of license and/or fines pursuant to section 8-148 of this chapter.
(b)
An applicant for a peddlers or hawkers license may apply to the city clerk for a temporary license, and the city clerk, after approval by the chief of police, may issue the license allowing the licensee to operate under the same terms as a full license as described in subsection (a) of this section. The temporary license shall expire on the date of the next city council meeting following the date of the issuance of such temporary license, at which time the city council shall either grant or deny a full license as described in subsection (a) of this section.
(c)
The applicant shall, upon approval for a license required under this chapter, provide two so-called passport-size photographs of the individual authorized to act under such license. The city clerk shall, in addition to the license specified above, issue an identification badge containing one of the photographs of the authorized individual along with the effective dates of the license and such other information as the city clerk shall deem appropriate.
(d)
All hawkers are required to submit with their application a list of up to ten locations where they propose to stop and remain for any period of time so the police chief and the city council can review and approve the locations before the license is approved. If the hawker wishes to add locations at a later date, they must appear again in front of the city council for approval by the police chief and the council of the new location(s).
(Rev. Ords. 1987, § 8-142; Ch. 445, § I, 8-12-97; Ch. 345, § I, 5-17-05; Ch. 643, § II, 3-15-16; Ch. 676, § I, 8-15-17; Ch. 723, § I, 8-21-18)
State Law reference— Hawkers and peddlers, regulation, G.L. 1956, § 5-11-1 et seq.; itinerant vendors, G.L. 1956, § 5-15-1 et seq.
Sec. 8-143. - Fees.#
For licenses issued pursuant to section 8-142 the persons receiving such licenses shall pay to the city clerk the fees provided for in section 8-27, that no fees shall be charged for licenses issued to any person selling religious books and publications in behalf of Bible tract or other religious or moral societies for the purpose of promoting religious or moral improvement, which are sold for that purpose and not for pecuniary profit, to any person peddling or selling any tow cloth, knit stockings, gloves, mitts or other articles of household manufacture or articles manufactured with his own hands or to any person who shall receive a license from the general treasurer in accordance with G.L. 1956, § 5-11-7.
(Rev. Ords. 1987, § 8-143)
Sec. 8-144. - Nontransferable; exception.#
No license issued pursuant to this article shall authorize any person other than the one named therein to act thereunder, and no license shall be transferable, provided that any such license may transferred by the city clerk, upon the approval of the city council, on the payment of a fee as provided in section 8-10.
(Rev. Ords. 1987, § 8-144)
Sec. 8-145. - Failure to exhibit.#
Any person who shall neglect or refuse after demand by any police officer to exhibit to such officer his license shall be deemed for the purpose of this article to be unlicensed and to have violated this chapter.
(Rev. Ords. 1987, § 8-145)
Sec. 8-146. - Persons excepted from chapter.#
Nothing in this article shall apply to any milkman or farmer selling the produce of his farm or selling both the produce of his farm and the produce of other farms or to any vendor of ice or newspapers. Persons garden produce, including flowers that they grew, and persons selling works of art or crafts of their own making at an art or crafts show or exhibition are not deemed to be hawkers or peddlers which requires a license. Peddlers and hawkers shall also not include students of an East Providence public or private school, members of youth groups, fraternal, benevolent, and religious organizations located within the city and local organized teams or sports leagues engaged in group fundraising.
(Rev. Ords. 1987, § 8-146; Ch. 835, § II, 3-15-22)
Sec. 8-147. - Appeal from denial.#
Any person aggrieved by the action of the chief of police, the mayor or the city clerk in the denial of a permit or license as provided in section 8-142 shall have the right of appeal to the city council. Such appeal shall be taken by filing, with the city clerk, a written statement setting forth fully the grounds for appeal. Such appeal shall be taken by filing a written statement within 14 days after the notice of the action complained of has been mailed to such person's last known address. The council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed, postage prepaid, to the applicant at his last known address at least five days prior to the date set for hearing.
(Rev. Ords. 1987, § 8-147; Ch. 877, § I, 6-6-23)
Sec. 8-148. - Hawking or peddling without a license.#
Every person, unless licensed as hereinbefore required, who shall, as a hawker or peddler, sell or offer for sale any goods, wares or merchandise whatever, including food and beverages shall be fined not more than $200.00.
(Rev. Ords. 1987, § 8-149)
Sec. 8-149. - Observance of signs.#
Any person residing in the city may affix to the entrance of his residence a sign containing the legend "No Solicitation." Any person required to be licensed under the provisions of this chapter who shall make or attempt to make any solicitation or sale at a residence so marked shall be deemed to have violated the provisions of this chapter.
(Rev. Ords. 1987, § 8-149.1)
Sec. 8-150. - Unnecessary noise prohibited,#
(a)
Where two or more persons are on one wagon or cart used in hawking and peddling, only those having licenses shall be permitted to hawk or shout, and in no case shall more than one of such licensees hawk or shout at the same time.
(b)
Hawking or shouting is prohibited in the vicinity of any house in which there is any person suffering from serious illness, after notice of such person suffering from serious illness, from any person.
(c)
Hawkers and peddlers may make reasonable announcements of the merchandise which they have for sale, but loud, unnecessary outcries likely to disturb or annoy persons in the vicinity shall not be made at any place or time.
(d)
No hawker or peddler shall attempt to sell or offer to sell his or her wares by means of a loudspeaker or other noise-making device intended to attract public attention, nor shall he create a nuisance situation as one defined in chapter 10.
(Rev. Ords. 1987, § 8-149.2)
Sec. 8-151. - Sales prohibited in certain areas.#
(a)
No person shall hawk or peddle on any street or public way in the city, except between the hours of 9:00 a.m. to 9:00 p.m. in residential areas and between the hours of 9:00 a.m. to 12:00 midnight in business areas as such areas are shown on the zoning map of the city on file in the city clerk's office.
(b)
The chief of police is hereby authorized to submit to council a list of streets and public ways throughout the city which, in his opinion, because of excess traffic and congestion, are unsafe for the public welfare and safety for the selling or offering for sale or merchandise by hawkers or peddlers. This list, upon submission to the city council, is to be reviewed by the traffic engineer and then resubmitted to the city council for final approval.
(c)
Upon final approval, such list will be on file in the city clerk's office.
(d)
At no time shall a hawker or peddler impede the free flow of traffic. The chief of police is hereby authorized to suspend operation of hawkers or peddlers at any time and for such periods of time on streets and ways where conditions exist that require him, in his opinion, in the interest of public safety, to do so without a prior request to city council.
(Rev. Ords. 1987, § 8-149.3)
Sec. 8-152. - Sales prohibited near establishments selling similar goods.#
No hawker or peddler shall sell his or her product within 250 feet of any business establishment in the city which sells the same products.
(Rev. Ords. 1987, § 8-149.4)
Sec. 8-153. - Obstruction of public ways; hawking/peddling in unauthorized areas.#
(a)
No person, hawker or peddler, shall stand on any footway, sidewalk, parking lot, doorstep or in any doorway in this city as to obstruct a free passage for foot passengers; or to hinder or delay passers-by or persons residing or doing business in the vicinity thereof; or violate a hawker/peddler license by hawking/peddling in an unauthorized area.
(b)
Any person, hawker or peddler, obstructing any footway, sidewalk, parking lot, step or doorway shall move immediately when requested to do so by a police officer.
(c)
All violations of this section, as cited by the city police department, shall be heard by the municipal court.
(Ch. 345, § II, 5-17-05)