ARTICLE 18
Licensing of Solicitors and Canvassers
For the purpose of this Bylaw, the following as used herein shall be considered to have the meaning herein ascribed thereto:
1."Soliciting" shall mean and include any one or more of the following activities:
a. Seeking to sell or offering to sell by sample, list catalogue or otherwise for future delivery, or seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services of any kind, character, or description whatever, for any kind of consideration whatever; or
b. Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or publication; or
c. Seeking to obtain gifts or contributions of money, clothing, or any other valuable thing for the support or benefit of any charitable, religious, political action, or nonprofit association, organization, corporation or project.
2. "Residence" shall mean and include every separate living unit occupied for residential purposes for one or more persons, contained within any type of building or structure.
3. "Registered solicitor" shall mean and include any person who has obtained a valid certificate of registration as hereinafter provided, which certificate is in the possession of the solicitor on his or her person while engaged in soliciting.
3.2. Certificate of Registration. Every person desiring to engage in soliciting as herein defined from persons in residences within this Town, is hereby required to make written application for a Certificate of Registration as hereinafter provided. Such Certificate shall be carried by the solicitor.
3.3. Application for Certificate of Registration. Application for a Certificate of Registration shall be made upon a form provided by the Police Department of the Town. The applicant shall truthfully state in full the information requested on the application, to wit
a. Name and address of present place of residence of applicant and business address.
b. Name and address of the person, firm or corporation or association whom the applicant is employed or represents.
c. Purpose of solicitation.
d. Description sufficient for identification of the subject matter of the soliciting in which the applicant will engage.
e. Period of time for which the certificate is applied, in any event not to exceed twelve (12) months, said time period to be at the discretion of the Board of Selectmen.
f. Date, or approximate date of the latest previous application for certificate under this ordinance, if any.
g. Has Certificate of Registration issued to the applicant under this ordinance ever been revoked?
h. Has the applicant ever been convicted of a violation of a felony under the laws of the state or any other state or Federal law of the United States?
i. Names of magazines, journals, or books.
j. Proposed method of operation.
k. Signature of applicant.
3.4. All statements made by the applicant upon the application or in connection therewith shall be made under the penalties of perjury.
3.5. No Certificate of Registration shall be issued to any person who has been convicted of a violation of any of the provisions of this ordinance, nor to any person whose Certificate of Registration issued hereunder has previously been revoked as herein provided.
3.6. All applications for a Certificate of Registration shall be made at least seven (7) days before desire date of initial soliciting and the Police Chief shall approve said applications. The Board of Selectmen may waive this seven (7) day requirement.
3.7. The Police Department shall keep a permanent record of all applicants and issuances of Certificates of Registration for soliciting.
3.8. Revocation of Certificate. Any Certificate of Registration issued hereunder shall be revoked by the Board of Selectmen if the holder of the Certificate is convicted of a violation of any of the provisions of this ordinance, or has made a false material statement in application, or otherwise becomes disqualified for the Issuance of a Certificate of Registration under the terms of this bylaw. Immediately upon such revocation, written notice thereof shall be given by the Board of Selectmen to the holder of the Certificate in person or by certified mail addressed to his or her residence address set forth in the application.
3.9. Immediately upon the giving of such notice, the Certificate of Registration shall become null and void.
3.10. The Certificate of Registration shall state the expiration date thereof.
3.11. Notice of Regulating Soliciting. Every person desiring to secure the protection provided by the regulations pertaining to soliciting contained in the bylaw, may comply with the following directions, to wit:
3.12. Notice of the determination of the occupant of the refusal of invitation to solicitors, to any resident, may be given in the manner following:
3.13. A weatherproof card or sign, approximately three inches by four inches in size, shall be exhibited upon or near the main entrance door to the residence, indicating the determination by the occupant, containing the applicable words as follows: "NO SOLICITORS INVITED"
3.14. The letters shall be at least one (1) inch in height. Cards shall be provided by the Town Clerk's Office of the Town to persons requesting at the cost thereof.
3.15. A card or sign so exhibited shall constitute sufficient notice to any solicitor of the determination by the occupant of the residence of the information contained thereon.
3.16 . Duty of Solicitors. It shall be the duty of every solicitor upon going onto any premises in the municipality upon which a residence as herein defined is located, to first examine the notice provided for in this ordinance, if any is attached, and be governed by the statement contained on any notice.
3.17. Upon reading the sign, the solicitor shall immediately and peacefully depart. Any solicitor who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.
3.18. Uninvited soliciting is prohibited. It is hereby declared to be unlawful for any person to go upon any premises and ring the doorbell upon or near any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined, in defiance of the notice exhibited at the residence in accordance with the provisions of section 3.6 of this bylaw.
3.19. Fee for solicitation. Upon approval by the Board of Selectmen of the application for a Certificate of Registration, the applicant shall pay to the Town a fee in the amount of TWENTY-FIVE DOLLARS except that the Board of Selectmen shall waive said fee for any charitable, religious, social, political action, or non-profit group, including but not limited to Veteran's groups, hospitals, United Way, YMCA, and the American Red Cross. In the event that any organization or group shall have more than one solicitor, the fee shall be TWENTY-FIVE DOLLARS per solicitor unless such fee is waived by the Board of Selectmen as provided above.
3.20. Time limit on soliciting. It is hereby declared to be unlawful for any person whether registered under this ordinance or not, to go upon any premises and ring the doorbell upon or near any door of a residence located thereon, or rap or knock to attract the attention of the occupant of such residence, for the purpose of securing an audience, with the occupant thereof and engage in soliciting as herein defined, prior to nine a.m. (9 a.m.) or after nine p.m. (9 p.m.) of any weekday.
3.21. Permits. The Town shall provide each solicitor with a badge-size permit for solicitation which must be displayed conspicuously on the outer garment of the solicitor unless the Board of Selectmen otherwise waives this requirement.
3.22. Penalty. Any person who violates this Bylaw may be arrested without a warrant in the place where the offense is committed pursuant to M.G.L. Chapter 272, Section 59. The penalty for such a violation of this Bylaw shall be a fine not to exceed Two Hundred Dollars ($200), which may be recovered upon complaint before the district court and shall ensure to the Town, all in accord with Chapter 40, Section 21 of the General Laws of Massachusetts.
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