[HISTORY: Adopted by Town Meeting as indicated
in article histories. Amendments noted where applicable.]
[Adopted 6-7-1993 ATM, Art. 5 (Sections 25.01 and 25.03
of the 1993 General Bylaws)]
No hawker, peddler, or transient vendor as defined
by MGL c. 101 shall conduct such business within the Town of Rockland
without first having obtained a license required under MGL c. 101
and a local hawkers and peddlers/transient vendors license issued
by the Board of Selectmen.
Every license issued under the provisions of § 319-1 of this bylaw shall be in full force and effect until the date of expiration stated on such license, and in any event, shall expire on the next January 1st following the date of issuance, unless sooner revoked.
For licenses issued under the provisions of § 319-1 of this bylaw to hawkers and peddlers of meat, butter, cheese, fish and fresh fruit or vegetables, and who have not obtained a license from the Commonwealth of Massachusetts, the fee shall be $54. There shall be no fee for any other license issued under the provisions of § 319-1 of this bylaw.
The provisions of this bylaw relating to hawkers
and peddlers shall not apply to wholesalers or jobbers selling to
dealers only, nor to commercial agents or other persons selling by
sample, lists, catalogues, or otherwise for future delivery, nor to
any person who peddles only fish obtained by his own labor or that
of his family, or fruits, vegetables or other farm products raised
or produced by himself or his family. However, such persons shall
comply with all other applicable provisions of this bylaw.
Every license issued under the provisions of
this bylaw shall contain the name, residential address, and business
address of the licensee; the location of the site(s) where the sales
will be conducted; a description of the goods, wares, or merchandise
being sold; the names and residential addresses of any persons who
will be assisting the licensee with conducting business at the site(s);
and if applicable, the vehicle identification number and description
of any vehicles used by the licensee in conducting business at the
site(s). The licensee shall immediately report to the Board of Selectmen
any changes in the information listed in this section.
All licenses issued under the provisions of
this bylaw shall be displayed by the hawker, peddler, or transient
vendor in a conspicuous place and manner at the sale's site(s).
Any license issued under the provisions of this
bylaw may not be transferred or assigned to any other person, or used
by any person other than the person to whom it had been issued.
Any hawker, peddler, or transient vendor required
to be licensed under this bylaw, or hawker, peddler, or transient
vendor not required to be licensed under this bylaw, shall be subject
to all applicable provisions herein, regardless of whether said hawker's,
peddler's or transient vendor's sales location is on public or private
property.
Any violation of any provision of this bylaw
shall result in the immediate termination of the activity conducted
under the license until such time as a hearing has been held by the
Board of Selectmen on the possible revocation of the license. Such
hearing shall be held within 15 days of the alleged violation.
Any hawker, peddler, or transient vendor licensed
under the provisions of this bylaw or hawkers, peddlers, or transient
vendors not required to obtain a license under this bylaw, shall conduct
business in accordance with the following requirements:
A.
Applications for any license required by this bylaw
shall be filed no later than two weeks prior to the desired sales
date.
B.
The foods, goods, wares, or merchandise being sold
or displayed shall not be displayed or placed upon the tail-gate or
running board of a truck or vehicle, but shall be placed upon racks
or tables which are clean, sturdy, and in good condition. The tables
shall be covered with a clean linen cloth or clean plastic covering
when foods or other edible goods are being sold or displayed.
C.
The total sales area shall not be larger than 25 square
feet, unless the Board of Selectmen approves a larger sales area.
D.
For sales occurring on sidewalks, a minimum clearance
of four feet of sidewalk shall be maintained between the street and
the sales area to ensure the safe passage of pedestrians.
E.
For sales occurring on sidewalks, no sales area shall
occupy more than 40% of the width of the sidewalk.
F.
No street, sidewalk, crosswalk, curb, passageway,
handicap access ramp, storefront, or alley shall be blocked by any
foods, goods, wares, or merchandise offered for sale or displayed
hereunder. Such sales shall not be operated in any manner which would
cause a nuisance, create a fire hazard, or diminish the public's safety.
G.
The foods, goods, wares, or merchandise being offered
for sale or displayed hereunder shall be securely and adequately placed
so that they will not endanger passersby, or fall or extrude into
or over any crosswalk, curb, passageway, handicap access ramp, storefront,
or alley.
A copy of any license issued under the provisions
of this bylaw shall be sent to the Town Clerk as the Keeper of the
Records.
Any party, aggrieved by his or her inability
to obtain or retain a license for hawkers, peddlers, or transient
vendors, may file an appeal, in writing within 30 days of such decision
to the Board of Selectmen.
[Amended 5-5-2008 ATM, Art. 36]
Whoever violates any provision of this Article,
unless otherwise indicated, shall be punished by a fine not exceeding
$50.
[Adopted 6-7-1993 ATM, Art. 5 (Section 25.02 of the 1993
General Bylaws)]
This bylaw, adopted pursuant to MGL c. 43B,
§ 13 and Article 89 of the Amendments to the Constitution
of the Commonwealth of Massachusetts, establishes registration requirements
and specific operation requirements for all persons intending to engage
in door-to-door canvassing or solicitation in the Town of Rockland
in order 1) to protect its citizenry from disruption of the peaceful
enjoyment of their residences and from the perpetration of fraud or
other crimes; and 2) to allow for reasonable access to residents in
their home by persons or organizations who wish to communicate either
commercial or non-commercial messages.
Shall mean and include any one or more of the following door-to-door
activities:
Person-to-person distribution of literature,
periodicals, or other printed materials, but shall not include placing
or dropping off printed materials on the premises;
Circulation of petitions;
Seeking to enlist membership in any organization;
Seeking to present, in person, organizational
information or doctrine.
Shall mean any person who has obtained a valid certificate
of registration from the Town as required by this bylaw.
Shall mean and include every individual dwelling unit occupied
for residential purposes by one or more persons.
Shall mean and include any one or more of the following door-to-door
activities:
Selling or seeking to obtain orders for the
purchase of goods or services for any kind of consideration whatever;
Selling or seeking to obtain prospective customers
for application or purchase of insurance of any kind;
Seeking to obtain subscriptions to books, magazines,
periodicals, newspapers or any other type of publication;
Seeking to obtain gifts or contributions of
money, clothing, or any other valuable thing for the support or benefit
of any association, organization, corporation, or project;
Seeking to obtain information on the background,
occupation, economic status, political or religious affiliation, attitudes,
viewpoints, or the like of the occupants of a residence for the purpose
of selling or using such data, wholly or in part, for commercial purposes.
Every person or organization intending to engage
in soliciting or canvassing door-to-door in the Town of Rockland must
register with the Police Department at least three days in advance
by filing a registration application form with the Chief of Police.
A.
Organization application forms shall include the following
information:
(1)
The name and address of the organization applying
for registration, and the names and addresses of the organization's
principal officers.
(2)
The name, title and telephone number of the person
filing the application form.
(3)
The names and addresses of the person(s), if any,
who will be directly supervising the solicitation or canvassing operation
in the Town of Rockland.
(4)
A list of the names, addresses, dates of birth, and
social security numbers of all individuals who will be employed in
solicitation or canvassing by the applicant.
(5)
Period of time for which certificate of registration
is needed (note: no certificate may be granted for longer than a ninety-day
period).
(6)
Names of the last three communities (if any) in which
the organization has conducted a solicitation or canvassing operation.
B.
Individual registration forms shall be required for all individuals, including those who are affiliated with an organization registered under Subsection A above. Individual registration forms shall contain the following information:
(1)
Name and address of the present place of residence
and length of residence at that address; if less than three years
residence at present address, the address of residence(s) during the
past three years.
(2)
Date of birth.
(3)
Name and address and telephone number of the person
or organization whom the applicant represents and the length of time
the applicant has been associated with or employed by that person
or organization.
(5)
Period of time for which certificate of registration
is needed (note: no certificate may be granted for longer than a ninety-period).
(6)
Names of the last three communities (if any) in which
the applicant has solicited or canvassed door-to-door.
(7)
Social security number.
(8)
Recent passport-sized photograph of the applicant
to be affixed to registration card.
(9)
Make, model and registration number of any vehicle
to be used by the applicant while soliciting or canvassing.
Each applicant for registration or re-registration
shall pay a fee of $5 to the Town.
A.
The Police Chief shall furnish each person engaged
in solicitation or canvassing with a registration card which shall
contain the following information:
(1)
The name of the person.
(2)
A recent photograph of the person.
(3)
The name of the organization (if any) which the person
represents.
(4)
A statement that the individual has been registered
with the Town of Rockland Police Department but that registration
is not an endorsement of any individual or organization.
(5)
Specific dates or period of time covered by the registration.
B.
Persons engaged in solicitation or canvassing must
carry the registration card at all times and present the card to any
person solicited or upon request of any police officer.
C.
Registration cards are valid only for the specific
dates or time period specified thereon and in no case for longer than
90 days.
D.
The Police Chief shall refuse to register an organization
or individual whose registration has been revoked for violation of
this bylaw within the previous two-year period, or who has been convicted
of any crime affecting personal safety.
A.
Registration shall not be required for officers or
employees of the Town, county, state, or federal governments when
on official business.
B.
Individual registration shall not be required for
minors under the age of 18 except in connection with canvassing or
soliciting on behalf of a for profit organization.
A.
It shall be the duty of every solicitor or canvasser,
upon going onto any residential premises in the Town of Rockland,
to first examine any notice which may be posted prohibiting solicitation.
If such a notice is posted, the solicitor or canvasser shall immediately
and peacefully depart from the premises.
B.
Any solicitor or canvasser 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.
C.
Immediately upon gaining entrance to any residence,
each solicitor or canvasser must do the following:
D.
It shall be the duty of every organization employing
solicitors or canvassers to notify the Police Department daily as
to what area(s) of the Town they will be operating in.
It shall be unlawful for a solicitor or canvasser
to do any of the following:
A.
Falsely represent, directly or by implication, that
the solicitation or canvassing is being done on behalf of a governmental
organization.
B.
Solicit or canvass at any residence where there is
a posted sign prohibiting solicitation, without express prior permission
of the occupant.
C.
Solicit or canvass at any residence without express
prior permission of an occupant, before 8:00 a.m. or after 9:00 p.m.
where there is no sign posted otherwise limiting solicitation or the
hours of solicitation.
A.
Any person or organization violating any of the provisions
of this bylaw shall be subject to a fine of $200 for each offense.
[Amended 5-5-2008 ATM, Art. 36]
B.
Any person or organization who for himself, itself, or through its agents, servants, or employees violates any provision of § 319-20 or 319-21 of this bylaw, or who knowingly provides false information on the registration application, or who is found, after investigation by a police officer, to have conducted himself or itself in a threatening, abusive, or illegal fashion, shall have his, her, or its registration revoked by the Chief of Police by written notice delivered to the holder of the registration in person, or sent to the holder by certified mail at the address set forth in the application.
Any person or organization who is denied registration
or whose registration has been revoked may appeal by filing a written
notice of appeal with Board of Selectmen. Such appeal must be filed
within five days after receipt of the notice of denial or revocation.
The Board of Selectmen shall hear the appeal at its next scheduled
meeting after the filing of the written notice of appeal, provided,
however, that if the Board of Selectmen fails to make a determination
within 30 days after the filing of the appeal, the registration shall
be deemed granted or reinstated as the case may be.
Invalidity of any individual provision of this
bylaw shall not affect the validity of the bylaw as a whole.
