A Regular Meeting of the City Council was held in the Council Chamber on Thursday, September 26, 2002 at 9:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on September 19, 2002 at 5:39 P.M.
Councillor DeToma was absent.
Council President Regina R. Flynn presided.
Councillor Harvey moved to dispense with the reading of the record of the previous meeting. It was so voted.
#592 – POLE RELOCATION ON BARNES CIRCLE
A hearing was held on the Order of Verizon and Massachusetts Electric Company for a pole relocation on Barnes Circle. Appearing in favor was Terrence Dolan of Verizon. There was no one opposed. The hearing was closed. Councillor Lovely moved that the permit be granted. It was so voted.
#593 – CONDUIT LOCATION ON RAINBOW TERRACE AND RAYMOND ROAD
A hearing was held on the Order of Salem State College for conduit locations on Rainbow Terrace and Raymond Road. Appearing in favor was Ms. Janis Cresos of Salem State College, Project Manager. There was no one opposed. Councillor Harvey moved that the matter be tabled until later in the meeting. It was so voted.
Councillor O’Keefe moved that the matter be taken from the table. It was so voted.
The hearing was closed. Councillor O’Keefe moved that the permit be granted. It was so voted. Councillor Flynn was recorded as voting ‘‘present”. Councillor O’Keefe moved that the letter from the Mayor be made part of the record of the approval. It was so voted.
#594 – REAPPT. CONSTABLE
The Mayor’s reappointment of Jeffrey B. Panneton to serve as a Constable for a term to expire October 14, 2003, was received and filed.
#595 – APPR. CAPITAL OUTLAY FOR OPEN SPACE DEPT. MOWER
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Twenty Three Thousand One Hundred Sixty Four Dollars ($23,164.00) is hereby appropriated to the “Capital Outlay Equipment” Account to be expended for the purchase of one large ride-on mower for use in all areas covered by the Open Space Department in accordance with the recommendation of His Honor the Mayor.
#596 – ACCEPTANCE OF DONATION FOR RENOVATION FOR CITY HALL
The following Order, recommended by the Mayor, was accepted. Councillor O’Leary was recorded as “opposed”.
ORDERED: That the City of Salem hereby accepts the following donation to the City Hall Restoration effort:
William Lach, 5 Roosevelt Ave., Danvers, tile installation, estimated value $500.00.
#597 – RESOLUTION FOR SHIRLEY CERVONI, EXECUTIVE SECRETARY TO THE MAYOR ON HER RETIREMENT
President Flynn introduced the following Resolution from the Chair, which was adopted unanimously. President Flynn then presented Mrs. Cervoni with a signed copy of the Resolution and a retirement gift from the City Council.
RESOLUTION:
WHEREAS. Shirley Cervoni has served this City with dignity and honor for 22 years, under four administrations and five Mayors, and has significantly risen to the challenge of many functions of city government, and
WHEREAS: The performance of her duties and responsibilities as executive secretary to the Mayor, were always characterized by obvious loyalty, dedication and efficiency that marked a job well done; and
WHEREAS: Her knowledge of city government and the numerous challenges that she faced, were not only met with professionalism, but with grace and charm, so all who knew her held her in the highest regard and admiration; and
WHEREAS. It is a great loss to our City to lose the invaluable services of Shirley Cervoni as she will be greatly missed both professionally and as a friend, and we are sincerely appreciative of her countless contributions to the City of Salem throughout the years.
NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council, on behalf of the citizens of the City of Salem, extend our appreciation and thanks to Shirley Cervoni for her years of dedicated service to the City of Salem.
AND BE IT FURTHER RESOLVED: That this resolution be made a matter of record of these proceedings, and that a suitable copy be presented to Shirley Cervoni, along with a copy of the City Seal, on behalf of the Salem City Council, as a token of our admiration for her many years of dedication to this City, and we extend our very best wishes for many retirement years of health, happiness and prosperity.
#598 – RESOLUTION – READ TO LEAD PROGRAM IN ELEMENTARY SCHOOLS
Councillor Harvey introduced the following Resolution, which was adopted.
RESOLUTION:
WHEREAS: Reading is a vital part of the child’s development; and at an early age, children must be taught to appreciate books, and consider them their friends; and
WHEREAS: Parents, Teachers, and Elected Leaders must nurture a child’s love of reading, by teaching and leading them through their own example.
NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council, the Mayor, and the Salem School Committee, institute a “Read to Leal” program, to help stress the importance of reading to our children.
AND BE IT FURTHER RESOLVED: That the program be held one morning a month, beginning in November, whereby, all elected leaders will go to our Elementary Schools, and read to an elementary school class. Participating schools would include the following: Bentley, Bates, Federal Street, Carlton, Nathaniel Bowditch, Saltonstall, Horace Mann, and Witchcraft Heights.
AND BE IT FURTHER RESOLVED: That an invitation be extended to the City’s private elementary schools.
#599 – RESOLUTION – 100TH ANNIVERSARY OF A.O.H.
Councillor O’Leary introduced the following Resolution, which was adopted.
RESOLUTION:
WHEREAS: The Ancient Order of Hibernians will be celebrating its 100th Anniversary of its organization; and
WHEREAS: The Ancient Order of Hibernians has provided excellent leadership and has played a key role in contributing millions of dollars in emergency relief all over the world; and
WHEREAS: The Ancient Order of Hibernians has made significant contributions to our city's cultural growth and will continue as a center for humanitarian ideals.
NOW, THEREFORE BE IT RESOLVED: that the Salem City Council extends its congratulations to the Ancient Order of Hibernians on this landmark occasion.
AND BE IT FURTHER RESOLVED: that we acknowledge the faithful services of its membership who have distinguished themselves in contributing to a better community for future generations.
# 600 - IRISH FLAG BE RAISED TO HONOR 100TH ANNIVERSARY OF A.O.H.
Councillor O’Leary introduced the following Order, which was adopted.
ORDERED: That the Superintendent of the Park and Recreation Department raise the Irish Flag at Riley Plaza this weekend, September 27, 28, and 29, 2002, in honor of the 100th year anniversary of the A.O.H.
#601 – COMMITTEE OF WHOLE MEET WITH DAVID PELLETIER TO DISCUSS HIS RAIL SYSTEM PLAN
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That David Pelletier of 12 Crombie Street and Daniel Lauzon of the Brotherhood of Locomotive Engineers, 3 Highland Road, Rockport, be invited to appear before the City Council Committee of the Whole, in order to present their alternative rail transportation plans.
#602 – VETERANS SQUARE BE DESIGNATED “THOMAS SQUARE”
Councillor O’Leary introduced the following Order, on behalf of Councillor Flynn, which was adopted.
ORDERED: That the Salem City Council officially designates the corner of Northey Street and Bridge Street as “Thomas Square” in honor of Herbert B. Thomas, Jr., life-long resident and World Way II Veteran.
AND BE IT FURTHER ORDERED: That the Veterans Agent, in conjunction with the Police Traffic Division, erect a suitable sign at this location to honor the late Herbert B. Thomas, Jr.
#603 – (#525) – APPR. BOND ORDER FOR WITCHCRAFT HEIGHTS SCHOOL PROJECT.
Councillor Lovely offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance, to whom was referred a Loan Order for the Witchcraft Heights Elementary School Project, in the amount of $1,824,435.00 has considered said matter and would recommend approval.
#604 – (#414) – (#415) – ORDINANCE ESTABLISHING WATER AND SEWER RATES, EFFECTIVE JULY 1, 2002
Councillor Lovely offered the following report for the Committee on Administration and Finance. It was voted to accept the report.
The Committee on Administration and Finance to whom was referred two ordinances to amend water and sewer rates for fiscal year 2003, 2004, 2005, has considered said matter and would recommend that the attached ordinances be adopted fir first passage.
Councillor O’Leary amended both ordinances as follows: add the wording “the use of all water and sewer funds, and S.E.S.D. funds be excluded from all private developers projects”. The amendment was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Bencal, Chuber, Driscoll, Furey, Harvey, Lovely, O’Keefe, O’Leary, Sargent, and Flynn were recorded as voting in the affirmative. Councillor DeToma was absent.
The Ordinance amending Water Rates was adopted for first passage, as amended by a roll call vote of 8 yeas, 3 nays, 0 absent. Councillors Bencal, Chuber, DeToma, Driscoll, Furey, O’Keefe, Sargent, and Flynn were recorded as voting in the affirmative. Councillors Harvey, Lovely, and O’Leary were recorded as voting in the negative.
The Ordinance amending Sewer Rates was adopted for first passage, as amended by a roll call vote of 8 yeas, 3 nays, 0 absent. Councillors Bencal, Chuber, DeToma, Driscoll, Furey, O’Keefe, Sargent, and Flynn were recorded as voting in the affirmative. Councillors Harvey, Lovely, and O’Leary were recorded as voting in the negative.
Councillor Driscoll moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Ordinances now read as follows:
(#414) – ORDINANCE AMENDING WATER RATES
In the year two thousand and two
An Ordinance to amend an Ordinance relative to water rates and charges.
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 46, Section 66, Division 2, Rates and Charges is hereby amended by deleting under Sec. 46-66 Schedule, subsection (b) inserting thereof the following:
(b) The rates for all water furnished by meter measurement effective July 1, 2002 shall be as follows:
(1) Residential, per 100 cubic feet $1.85
(2) Nonresidential, per 100 cubic feet $2.52
The rates for all water furnished by meter measurement effective July 1, 2003 shall be as follows:
(1) Residential, per 100 cubic feet $2.04
(2) Nonresidential, per 100 cubic feet $2.77
The rates for all water furnished by meter measurement effective July 1, 2004 shall be as follows:
(1) Residential, per 100 cubic feet $2.22
(2) Non-residential per 100 cubic feet $3.02
Section 2. Chapter 46, Section 66. Division 2, Rates and Charges is hereby further amended , as follows:
A discount of ten percent will be allowed for the payment of residential bills within 15 days from the date of issue. Water and sewer usage must be paid concurrently.
Section 3. Chapter 46. Division 2, Rates and Charges is hereby further
amended by deleting under Sec. 46-66, subsection (e) and inserting in place thereof the following:
(e)The minimum rates for metered water for each quarter shall be as follows:
$18.50 per 1000 cubic feet effective July 1, 2002
$20.04 per 1000 cubic feet effective July 1, 2003
$22.20 per 1000 cubic feet effective July 1, 2004
The use of all water and sewer funds, and S.E.S.D. Funds shall be excluded from all private development projects.
Section 4. This Ordinance shall take effect as provided by City Charter.
(#415) – ORDINANCE AMENDING SEWER RATES, EFFECTIVE JULY 1, 2002
In the year Two Thousand and. Two
An Ordinance to amend an Ordinance pertaining to sewer use charges.
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 46, Article III. Sewers, Drains and Sewage Disposal, Division 4, Assessments is hereby amended by deleting under Sec. 46-230 Sewer use charges, subsections c and d and inserting in place thereof the following:
C. the rates for sewer use charges effective July 1, 2002 shall be as follows:
Residential $3.53
Nonresidential - up to 25,000 cu. Ft. per month $5.34
25,000 cut. Ft. and greater per month $6.85
The rates for sewer use charges effective July 1, 2003 shall be as follows:
Residential $3.70
Nonresidential - up to 25,000 cu. Ft. per month $5.61
25,000 cu. Ft. and greater per month $7.19
The rates for sewer use charges effective July 1, 2004 shall be as follows:
Residential $3.89
Nonresidential - up to 25,000 cu. Ft. per month $5.89
25,000 cu. Ft. and greater per month $7.55
The use of all water and sewer funds, and S.E.S.D. Funds shall be excluded from all private development projects.
Section 2. This Ordinance shall take effect as provided by City Charter.
#605 – (#499) – ORDINANCE AMENDING PUBLIC CONSTRUCTION PROJECTS AND EMPLOYMENT OF SALEM AREA RESIDENTS
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses, and Legal Affairs. It was voted to accept the report and adopt the recommendation. Councillor Driscoll was recorded as voting “present”.
The Committee on Ordinances, Licenses, and Legal Affairs to whom was referred an Ordinance regarding public construction projects has considered said matter and would recommend that the Ordinance be adopted for second and final passage as amended by the Committee.
#606 – TAG DAY LICENSE FOR S.H.S. TENNIS TEAM
Councillor O’Keefe introduced the following Order, under suspension of the rules, which was adopted.
ORDERED: That the request from the Salem High School Tennis Team for a Tag Day License for October 6, 2002 be approved.
#607 – GRANTING CERTAIN LICENSES
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses, and Legal Affairs. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses, and Legal Affairs, to whom was referred the matter of granting certain licenses, has considered said matter and would recommend that the following be granted.
SEAWORMS Jose Bettencourt, 47 ½ Tracey St., Peabody
Eduardo Santos, 4 Collins St., Peabody
TAG DAY S.H.S. Pop Warner Football, October 5, 2002
S.H.S. Marching Band, November 19, 2002
S.H.S. Color Guard, December 7, 2002
D.A.V. May 22, 23, and 24, 2003
Veterans of Foreign Wars, November 10, 11, 12, 2002
TAXI OPERATOR Jonathan Berecz, 100 Washington St., Salem
Francisco Canela, 8 Harris St., Peabody
Brendeall Castillo, 11 Meadow St., Salem
Robert B. Conway, 25 Winter Island Road, Salem
Felipito Guzman, 43 Dow Street, Salem
Ronald Kaplan, 19 Oak Leaf Way, Peabody
Linda Norris, 185R Pleasant St., Marblehead
#608 – (#566) – TEMPORARY FORTUNETELLING STORE LICENSE, DIANA MCKANAS
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses, and Legal Affairs. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses, and Legal Affairs, to whom was referred the matter of granting a temporary fortunetelling store license for Salem’s Psychic Center for the month of October has considered said matter and would recommend approval.
#609 – (#561) – EXTENDED HOURS FOR DUNKIN DONUTS ON DERBY STREET FOR OCTOBER 31, 2002
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses, and Legal Affairs. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses, and Legal Affairs, to whom was referred the matter of granting the request of Dunkin Donuts for extended hours on October 31, 2002, has considered said matter and would recommend approval.
#610 – (#564) – Y.M.C.A. ROAD RACE
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses, and Legal Affairs. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses, and Legal Affairs to whom was referred the matter of granting a request to hold a road race has considered said matter and would recommend that the following be granted.
Y.M.C.A. Annual Witch City 5K Road Race on October 27, 2002
#611 – (#543 - #562 - #563 - #565) – USE OF SALEM COMMON FOR VARIOUS EVENTS
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses, and Legal Affairs. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses, and Legal Affairs to whom was referred the matter of the following requests to use the Salem Common has considered said matter and would recommend that the following be approved.
Y.M.C.A. Community Event on October 12, 13, 26, and 27, 2002
Chamber of Commerce, Halloween Parade & use of Common October 11
Salem Police Department, October 31, 2002
Immaculate Conception Church, religious event, August 9, 2003
(#557) – ORDINANCE AMENDING VENDOR LICENSES
Councillor O’Leary moved to discharge from the Committee of the Whole, and Ordinance submitted by the City Solicitor relative to Vendors.
Councillor Bencal amended that this Ordinance shall not affect the popcorn vendor currently at the Salem Common. The amendment was so voted.
The Ordinance was adopted for second and final passage, as amended. Councillor O’Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Ordinance reads as follows:
In the year two thousand and two
An Ordinance to amend an Ordinance relative to Transient Vendors, Hawkers, Peddlers and Solicitors
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 28 of the Salem Code of Ordinances, is hereby amended by deleting this Chapter in its entirety, and inserting in place, thereof, the following:
ARTICLE 1. IN GENERAL
Secs. 28-1--28-25. Reserved.
ARTICLE 11. TRANSIENT VENDORS, HAWKERS, PEDDLERS AND SOLICITORS DIVISION 1. GENERALLY
Sec. 28-26. 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:
Hawker, peddler, or solicitor means any person who, for himself or for another person, travels by foot, automobile or any other type of conveyance from place to place, from house to house, or from street to street, taking or attempting to lease or take orders for retail sale of goods, wares, merchandise, or services, including without limitation the selling, distributing, exposing for sale or soliciting orders for magazines, books, periodicals or other articles of any nature; for the contracting of all home improvements; or for services to be performed in the future, whether or not such individual has, carries or exposes for retail sale a sample of the subject of such sale or whether he is collecting advance payment on such retail sale or whether he is soliciting contributions for any purpose.
Transient vendor means any person, either principal or agent, who offers for sale or barter any foods, beverages, goods, merchandise or services, either hand-carried or from any vehicle, cart or booth, on any public or private street.
(Code 1973, § 30-1)
Vending location is an area (no larger than 10 x 10 feet) within the B-5 district designated by the licensing board to be used for vending.
Vending equipment is the cart, booth or table, not to exceed 4x8 feet in size (or other configuration not to exceed 32 square feet) and placed within the vending location.
Cross reference(s)--Definitions generally, § 1-2.
Secs. 28-27--28-55. Reserved.
DIVISION 2. TRANSIENT VENDORS
Sec. 28-56. License required.
Except as provided in section 28-61, transient vending shall be restricted to the B-5 zoning district and the Salem Common. No transient vendor shall sell or offer for sale any foods, beverages, goods, merchandise or services throughout the B-5 zoning district of the city until he has been issued a license from the city licensing board. (Code 1973, § 30-2)
Sec. 28-57. Procedure for obtaining license.
(a) An applicant for a transient vendor's license throughout the B-5 zoning district the Salem Common shall apply to the city licensing board. The cost for such license shall be not less than $2,000.00 or more than $3,500.00 annually. Such fee shall be set by the licensing board annually. Licenses will be issued for the five specific locations throughout the B-5 zoning district of the city. The seven license holders in 1995 shall be guaranteed licenses and grandfathered until such time as they do not renew their licenses, then the number would drop to five. The licensing board shall have the right to adopt and implement further lawful regulations and restrictions consistent with this division.
Vendors outside the B-5 zoning district must purchase annually a license from the licensing board or the Commonwealth of Massachusetts Division of Standards. The fee for the city license shall be the same as that set for the state ($62.00). Vendors purchasing state licenses will not be charged any additional fees locally but are subject to all local rules and regulations. (See Mass. Gen. L. c. 101).
(b) Approved licensees and assigned locations shall be chosen by lottery by the licensing board on or before April 1.
(e) All transient vendors selling food or beverages shall be required to obtain a permit from the city health department. All weighing and measuring devices must be inspected and sealed by the city sealer of weights and measures.
(d) Restrictions in size may be required depending upon vendor location.
(e) Signage for each transient vendor location shall be limited to no more than four square feet of signage on the cart or booth.
(Code 1973, § 30-3)
Sec. 28-58. Identification required.
All transient vendors operating within the B-5 zoning district of the city shall be required to prominently display a license, obtained from the licensing board, which provides the name and address of the licensee and bears a recent photograph of the licensee. (Code 1973, § 30-4)
Sec. 28-59. Conduct of business.
All transient vendors operating within the B-5 zoning district of the city shall be governed by the following restrictions:
(1) No transient vendor shall cry his wares to the disturbance of the peace and comfort of the city inhabitants.
(2) All transient vendors shall operate from carts or booths that are neat and clean and that do not leak. Automobiles and trucks that are used to transport carts or booths may not be parked near or adjacent to the place of business.
(3) All transient vendors shall clearly and prominently post prices for all foods, beverages, goods, merchandise and services offered for sale. (Code 1973, § 30-5)
(4) Covers for said carts, booths or table may be used in the form of umbrellas or tent/canopies, white being the preferred color. Tents/canopies shall not be larger than 1 Ox 1 0 feet. Tents/canopies are to be used for cover only, not for display of wares. Advertising is prohibited upon said covers.
Sec. 28-60, Revocation and expiration of license.
(a) Any license granted by the licensing board under this division may be revoked by the board for good cause after reasonable notice to the licensee and a hearing upon the grounds of the revocation. Any licensee who violates any section of this division on three occasions shall be deemed to have provided sufficient cause for revocation of that license.
(b) Unless sooner revoked, any license granted by the licensing board under this division shall be valid for the period beginning April 1 and ending March 30. (c) Upon revocation or expiration of any license, such license shall revert to the city licensing board. Midyear transfers of licenses shall be allowed, conditioned upon approval by the licensing board.
(Code 1973, § 30-6)
Sec. 28-61. Issuance of one-day license.
(a) The licensing board reserves the right to issue a one-day license to any transient vendor for the B-5 District for a fee of not less than $150.00. nor more than $500.00. Fee to be set by the Licensing Board annually on the first meeting in the month of March.
(b) The following procedures shall apply to all vendors granted one-day licenses in the B-5 district:
1 . All applications when received shall be stamped with the time and date by the Licensing Board Clerk.
2. The Licensing Board will assign vendor locations in the order they are received.
3. Depending upon locations, one additional license may be granted for said location.
4. Vendors granted an additional license shall arrange their cart(s), booth(s) or table(s), including storage, in a manner not to exceed the 10 x 10 feet area at said location
5. The Licensing Board reserves the right to limit locations and number of licenses granted.
(Code 1973, § 30-7)
Sec. 28-62. Temporary license to sell articles for charitable purposes.
The city licensing board shall, under such conditions as it may deem proper, grant to any organization engaged exclusively in charitable work or to a part of any incorporated organization of veterans who served in the military services of the United States in time of war or insurrection a special license authorizing it, upon a particular day and for a charitable purpose named in such license, to sell, through its accredited agents in the streets and other public places within the B-5 zoning district of the city or in any designated part thereof, flags, badges, medals, buttons, flowers, souvenirs, similar small articles, food and beverages; provided that no person under 16 years of age shall be accredited as such agent, that each agent shall wear in plain sight while engaged in selling such articles a badge, provided by such organization or
post and approved by the licensing board, bearing upon it the name of such organization or post and the date on which the license is to be exercised, and that no such agent shall be authorized to make or attempt to make such sales in front of any private premises against the objection of the owner or occupant thereof. The fee for such a license will be waived. Any organization selling food or beverages shall also be required to obtain a permit from the city health department.
(Code 1973, § 30-8)
Sec. 28-63. Transient vendors operating outside B-5 zoning district.
No transient vendor shall sell or offer for sale any food, beverages, goods, merchandise or services outside the B-5 zoning districts of the city until he:
(1) Has been issued a license from the director of standards of the commonwealth under M.G.L.A. c. 1 01; or
(2) Conforms to the requirements of section 28-91 relative to hawkers, peddler and solicitors.
(Code 1973, § 30-9)
Sec. 28-64. Enforcement.
This division shall be enforced by the licensing board and its licensing inspector. (Code 1973, § 30-1 0)
Secs. 28-65--28-90. Reserved.
DIVISION 3. HAWKERS, PEDDLERS AND SOLICITORS
Sec. 28-91. License required.
It shall be unlawful for any hawker, peddler or solicitor, as defined in section 28-26, to engage in such business within the city without first obtaining a license therefore in compliance with this division. This division shall not apply to any person exempted under M.G.L.A. c. 1 01 or to any person exempted by any other general law nor shall this division be construed to prevent route salespersons or other persons having established customers to whom they make periodic deliveries from calling upon such customers or from making calls upon prospective customers to solicit an order for future periodic route deliveries.
(Code 1973, § 30-1 1)
Sec. 28-92. Application for license.
(a) An applicant for a peddler's, hawker's, or solicitor's license shall file with the chief of police, on a form issued by the police department, a written application signed under the penalties of perjury, containing the following information-.
(1) The name of the applicant.
(2) The address of the applicant (local and permanent home address).
(3) The applicant's height, weight, eye and hair color.
(4) The applicant's social security number.
(5) The length of time for which the right to do business is desired.
(6) A brief description of the nature of the business and the goods to be sold.
(7) The name and home office address of the applicant's employer. If self-employed, it shall so state.
(8) A photograph of the applicant, which picture shall be submitted by the applicant and shall be two inches by two inches showing the face, head, and shoulders of the applicant in a clear and distinguishing manner.
(9) If operating a motor vehicle, the year, make, model, motor number, registration number, state of registration, and the vehicle's owner and address.
(b) At the time of filing the application, each person covered under the license shall pay a nonrefundable fee of $25.00.
(Code 1973, § 30-12)
Sec. 28-93. Investigation of application and issuance of license.
(a) Upon receipt of the application for the license required by this division, the chief of police shall investigate:
(1) The status of the business or charity in the office of the city clerk and the office of the secretary of state.
(2) The existence of consumer complaints against the applicant in the office of the attorney general.
(3) The criminal and probationary record of the applicant, either by information volunteered or background information obtained from public records or other legal means.
(b) After the investigation of the applicant, but within 14 business days of the filing of the application, the chief of police shall endorse on such application his approval or disapproval. Failure of the police chief to act on the application within 14 business days of the applicant's filing shall constitute approval. If disapproved, the applicant shall have the right of appeal to the city council in writing within seven days of the denial by the chief of police. The city council must act upon the appeal at its next two regularly scheduled meetings. Failure to so act shall be deemed approval.
(c) Such license when issued shall contain the signature of the chief of police or the approval by the city council; shall show the name, address, and photograph of the licensee; and shall show the date of issuance and the length of time the license shall be operative, as well as the license number. The police department shall keep a record of all licenses issued for a period of six years. Hawkers, peddlers and solicitors, when engaged in the business of hawking, peddling or soliciting, are required to display an identifying badge issued by the police department, by wearing such badge on an outer garment. Each licensee is required to possess an individual license.
(Code 1973, § 30-13)
Sec. 28-94. Enforcement.
The police department shall enforce this division. (Code 1973, § 30-14)
Sec. 28-95. Transferability of license.
No license issued under section 28-93 shall be transferred. (Code 1973, § 30-14)
Sec. 28-96. Revocation of license.
The chief of police is vested with jurisdiction over the revoking of licenses issued under section 28-93. Any person aggrieved by such revocation may appeal to the city council within seven business days, and a hearing will be scheduled for one of the next two regularly scheduled meetings of the city council.
(Code 1973, § 30-15)
Sec. 28-97. Expiration of license.
Each license issued under section 28-93 shall continue in force from the date of its issue until December 31 following, unless sooner revoked.
(Code 1973, § 30-16)
Sec. 28-98. Renewal of license.
A license issued under section 28-93 may be renewed by the chief of police. An applicant requesting a renewal must apply in person and provide such information as is required to obtain an initial license.
(Code 1973, § 30-17)
Sec. 28-99. Misrepresentation.
(a) No hawker, peddler or solicitor licensed or exempted from obtaining a license may misrepresent, in any manner, the buyer's right to cancel as stipulated by M.G.L.A.
c. 93, 93A, and 255D.
(b) No hawker, peddler or solicitor licensed or exempted from obtaining a license may use any plan, scheme or ruse which misrepresents the true status or mission of the person making the call in order to gain admission to a prospective buyer's home, office, or other establishment with the purpose of making a sale of consumer goods or services.
(Code 1973, § 30-18)
Sec. 28-100. Trespassing.
It shall be unlawful for any hawker, peddler or solicitor to enter the premises of a resident or business who has displayed a sign or poster stating "no trespassing" or "no soliciting." Further, it shall be unlawful for hawkers, peddlers, or solicitors to ignore a resident's or businessperson's no solicitation directive or remain on private property after its owner has indicated that the hawker, peddler or solicitor is not welcome. It shall be unlawful for any hawker, peddler, or solicitor to enter any premises of a resident before the hours of 9-.00 a.m. or after the hours of 9:00 p.m.
(Code 1973, § 30-19)
Sec. 28-1 01. Penalty for violation of division.
Any person violating any section of this division shall, upon conviction, be punished by a fine not to exceed $1 00. 00 for each and every offense.
(Code 1973, § 30-20)
Sec. 28-102. Exemptions.
There is exempt from this division all nonprofit organizations whose membership shall consist of participating youth groups under the age of 16 and all candidates and their representatives who are seeking election to public office. (Code 1973, § 30-21)
Secs. 28-103--28-130. Reserved.
ARTICLE Ill. TRANSIENT PHOTOGRAPHERS DIVISION 1. GENERALLY
Sec. 28-131. 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:
Transient photographer means a person who for profit goes in and upon private residences without advance authorization from the occupant for the purpose of taking photographs; who solicits the taking or the sale of photographs or the performance of other photographic work; or who takes, finishes, colors, enlarges or sells photographs on any public street, sidewalk, park or other public property, in any vehicle or portable structure or in a studio or place he temporarily uses or occupies. His occupancy shall be deemed "temporary" if the individual is not a legal city resident or if he has not occupied the studio or place continuously for a period of six months and does not own it or occupy it under a lease or other agreement giving him the right to exclusive possession for at least six months. The term "transient
photographer" shall not include any person engaged in the gathering of news for any newspaper, magazine or news service. (Code 1973, § 29-1)
Cross reference(s)--Definitions generally, § 1-2.
See. 28-132. Conduct of business.
Each person licensed under this article shall conduct his business honestly, without misrepresentation, and in a businesslike manner.
(Code 1973, § 29-2)
Sec. 28-133. Adjustment of claims for loss or bad work.
Each person licensed under this article shall promptly adjust every claim for defective workmanship or loss of articles.
(Code 1973, § 29-3)
Sec. 28-134. Return of original photograph.
When any person licensed under this article accepts any photograph for enlargement or other photographic work, he shall do the work agreed upon and shall return the original photograph to the customer.
(Code 1973, § 29-4)
Sec. 28-135. Impeding traffic in public place; remaining in place more than five minutes. In taking photographs in a public place, each person licensed under this article shall not impede vehicular, motor, or pedestrian traffic, or remain longer than five minutes in any one location.
(Code 1973, § 29-5)
Sec. 28-136. Penalty.
Any person violating any section of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not to exceed $20.00.
(Code 1973, § 29-6)
Secs. 28-137--28-ltDo. reserved
DIVISION 2. LICENSE
Sec. 28-166. Required.
No person shall engage in the business of transient photographer without first obtaining a license from the city council. The city council shall not issue more than five licenses for every 50,000 inhabitants. Each employee of any person licensed under this division shall have a license required under this division, which shall be in addition to the license required of his employer.
(Code 1973, § 29-21)
Sec. 28-167. Application; information required.
Application for the license required by this division shall be made to the city clerk. The application shall state the full name and address of the applicant; the location of the studio or other place in the city where the business is to be conducted or, if none, of the studio or place elsewhere where the processing is to be done on photographs taken in the city; the period for which the license is desired; the type of business to be conducted; and such other information as is required by the application form. (Code 1973, § 29-22)
Sec. 28-168. Investigation; fee.
The city council may license any applicant who seeks a license to carry on the business of transient photographer under this division, but only after an investigation by the city marshal and the submission of his recommendations to the city council. The fee for each such license shall be as provided in section 14-38 for each person so licensed. (Code 1973, § 29-23)
Sec. 28-169. Term; transferability.
Each license granted under this division shall be valid for the period specified in the license, but no license shall extend beyond December 31 of the year issued. No license shall be transferable from one person to another.
(Code 1973, § 29-24)
Sec. 28-170. Carrying and display.
Each license issued pursuant to this division shall be carried by the licensee or shall be conspicuously posted in his studio or place of business. Such license shall be shown to anyone upon request. Each employee of any licensee to whom a license has been issued under section 28-166 shall likewise carry his license and shall show it upon request.
(Code 1973, § 29-25)
Sec. 28-171. Conditions.
Every license granted under this division shall be granted subject to the requirements of this article and of any other applicable section of this Code, city ordinance or state law. (Code 1973, § 29-26)
Sec. 28-172. Revocation.
Every license issued pursuant to this division may be revoked by the city council for a violation of any section of this article after the licensee has first been given a reasonable notice and an opportunity to be heard before the city council or any committee thereof. (Code 1973, § 29-27)
Section 2. This Ordinance shall not affect the popcorn vendor located at the Salem Common as of this date.
Section 3. This Ordinance shall take effect as provided by City Charter.
#613 – USE OF SALEM COMMON FOR WEDDING
The request of Jessica Keene to use the Salem Common for a wedding on July 11, 2003, was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
#614 – USE OF SALEM COMMON FOR BOOT CAMP BY Y.M.C.A.
The request of the Salem Y.M.C.A. to use the Salem Common for a Boot Camp September 16, 2002 through October 18, 2002, was approved, on the motion of Councillor O’Keefe. Councillor O’Leary was recorded as ‘opposed’.
#615 - #616 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
TAG DAY S.H.S. cross Country, October 20, 2002
TAXI OPERATOR Christopher R. Bourque, 276 Albion St., Wakefield
Mohammad Ismail, 12 Pope St., Salem
Frederick D. Meister, 51 Norfolk Ave., Swampscott
#617 – CONSTABLE BOND
The Constable Bond of Jeffrey B. Panneton, 10 Laurent Road, Salem, was referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved.
(#502) – ORDINANCE AMENDING HOURS OF OPERATION RETAIL ESTABLISHMENTS, POLICE PRESENCE.
Councillor DeToma moved reconsideration of the vote taken on an Ordinance relative to Hours of Operation, Retail Business Establishment and requiring a police presence. Reconsideration was voted.
Councillor DeToma moved that the matter be referred to the Committee on Ordinances, Licenses, and Legal Affairs. It was so voted.
(#545) – SECOND PASSAGE - ORDINANCE AMENDING SALARY COMPENSATION, STIPENDS PAID TO THE CITY CLERK’S OFFICE
The matter of second and final passage of an Ordinance amending salary and Compensation of certain employees, stipends paid to the City Clerk’s department, was then taken up. Councillor Lovely moved that the Ordinance be adopted for second and final passage. It was so voted. Councillor O’Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
(#541) – SECOND PASSAGE – ORDINANCE AMENDING TRAFFIC, ONE HOUR PARKING, SECTION 51B, ESSEX STREET
The matter of second and final passage of an Ordinance amending Traffic, Section 51B, Parking Prohibited, Essex Street, was then taken up. The Ordinance was adopted for second and final passage.
(#542) – SECOND PASSAGE – ORDINANCE AMENDING TRAFFIC, STOP SIGN, SECTION 49, PRESTON ROAD
The matter of second and final passage of an Ordinance amending Traffic, Section 49, Stop Sign on Preston Road, was then taken up. The Ordinance was adopted for second and final passage.
(#546) – SECOND PASSAGE – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, SEC. 50B, ESSEX ST., HAZEL ST., LEMON ST., BUFFUM ST.
The matter of second and final passage of an Ordinance amending Traffic, Section 50B, Handicap Parking, Essex Street, Hazel Street, Lemon Street, and Buffum Street, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor Harvey, the meeting adjourned at 9:55 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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