[HISTORY: Adopted by the Town Meeting of the Town of Foxborough as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-9-2022 ATM by Art. 20[1]]
[1]
Editor's Note: This article also repealed former Ch. 184, Peddling and Soliciting, adopted 10-1-2018 STM by Art. 8.
It is the purpose of this bylaw to regulate persons or organizations engaged in soliciting or canvassing in the Town of Foxborough through the issuance of licenses and imposition of other limitations on such activity for the purpose of protecting the Town's residents from unwanted solicitation and canvassing, disruption of the peaceful enjoyment of their residences and from crime and fraud, and further, to allow reasonable access to residents in their homes by persons or organizations who wish to engage in lawful commercial solicitation.
For purposes of this bylaw, a solicitor or canvasser is defined as any individual, whether a resident of the Town of Foxborough or not, traveling either by foot, motor vehicle, or any other type of conveyance from place to place, house to house, taking or attempting to take orders for sale of goods, wares, merchandise, foodstuffs, personal property of any nature for immediate or future delivery or for services, of any kind or description, to be furnished or performed immediately or in the future whether or not he or she collects advance payments on such sales.
A. 
The provisions of this section shall not apply to officers or employees of the Town, county, state, or federal government, or any subdivision thereof when on official business, or to neighborhood youth and students who solicit for the shoveling of snow or cutting of lawns or similar services to residents, nor shall it be construed to prevent route salespersons or other persons having established customers to whom they make periodic deliveries from calling upon such customers.
B. 
If any solicitor or canvasser is under the age of 18 years and is selling goods or periodicals for a commercial purpose, the provisions of MGL c. 101, § 34, shall apply.
C. 
The provisions of this section shall not apply to any person soliciting solely for religious, charitable, civic, or political purposes.
D. 
The provisions of this section shall not apply to hawkers and peddlers, which shall be governed by rules and regulations adopted by the Select Board in accordance with MGL c. 101, § 17.
[Amended 1-30-2023 STM by Art. 1]
It shall be unlawful for any solicitor or canvasser as defined in § 184-2 of this bylaw to engage in such activity in the Town of Foxborough without first obtaining a license in compliance with the provisions hereof. Any person engaged in such activity who is not properly licensed under this bylaw shall be ordered to immediately cease and desist all solicitation and canvassing activity in the Town until they obtain a license from the Chief of Police as provided herein.
Nothing in this bylaw shall be construed to impose any license requirement or otherwise restrict or in any way regulate any lawful activity for noncommercial purposes, including but not limited to any activity for religious, charitable, civic, or political purposes, regardless of whether such activity includes acts that would otherwise constitute soliciting.
A. 
Each applicant for a license under this bylaw shall submit to the Chief of Police or his/her designee an application along with a fee of $50 (per individual applicant) payable to the Town of Foxborough to cover the cost of investigating and confirming the facts stated in the application.
B. 
Each applicant must complete a sworn application in writing, at least 10 working days prior to the requested starting date for solicitation, on a form provided by the Police Department. Said form shall include the following information:
(1) 
Name, physical description of applicant, and date of birth;
(2) 
Social security number of the applicant;
(3) 
Permanent home address as well as full local address of the applicant;
(4) 
A brief description of the nature of the business and/or goods to be sold;
(5) 
If employed, name and address of employer, including credentials which establish the employment relationship;
(6) 
The length of time for which the license is desired (not to exceed one year);
(7) 
Names of manufacturer, of source of merchandise, proposed method of delivery;
(8) 
Two photographs of the applicant, taken within the past 60 days prior to filing of the application, showing only the head and shoulders of the applicant in a clear and distinguishing manner;
(9) 
A statement as to whether or not the applicant has been convicted of any crime listed in § 184-6B or is a Level 2 or Level 3 Sex Offender required to register with the Massachusetts Sex Offenders Registry Board.
A. 
If after an investigation into the facts contained in the license application the Police Chief is satisfied the applicant is of suitable character, the Police Chief, or his designee, shall grant the required license.
B. 
The Police Chief or his designee shall refuse to issue a license to any organization or individual whose license has been revoked for violation of this bylaw within the previous two-year period or who has been convicted of murder/manslaughter, rape, robbery, arson, burglary/breaking and entering, felony assault, or larceny over $250, as such persons pose a substantial degree of dangerousness to minors and other persons vulnerable to becoming victims of the violent crimes so listed. The Police Chief shall also refuse to grant a license to a person who is a sex offender required to register with the Massachusetts Sex Offenders Registry Board and who is finally classified as Level 2 or Level 3 Sex Offender, as such persons have been found to have a moderate to high risk of re-offense and pose a substantial degree of dangerousness to minors and other persons vulnerable to becoming victims of sex crimes.
The Police Department, after a review of the information contained in the license application, but in no event more than 10 business days after receipt of a fully completed application, shall issue to each successful applicant an identification card which shall contain the words "Licensed Solicitor," the individual's picture, identification, and expiration date of the license. Persons engaged in solicitation or canvassing, as defined in this bylaw, must display the registration card while soliciting or canvassing and present the card upon request to any police officer or person solicited.
It shall be the duty of any police officer of the Town to require any person observed soliciting or canvassing and who is not known by such officer to be duly licensed, to produce his or her solicitor's license and to enforce the provisions of this bylaw against any person found to be in violation of the same.
A properly licensed solicitor or canvasser may solicit between the hours of 9:00 a.m. and 1/2 hour after sunset throughout the year at residences where there is no sign posted otherwise limiting solicitation or the hours of solicitation and/or where the premises address is not listed on the "Do Not Solicit" list maintained by the Town Clerk as provided below. It shall be the duty of every solicitor and canvasser going onto any premises in the Town to first examine whether there is a notice posted stating that no solicitors are welcome. If such notice is present, then the solicitor or canvasser shall immediately and peacefully depart from the premises. Any solicitor or canvasser who has gained entrance to any premises, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.
A. 
Any person or entity who owns or rents property within the Town may register such property on a "Do Not Solicit" list upon application to the Town Clerk. Registration for the "Do Not Solicit" list shall be implemented as follows:
(1) 
The "Do Not Solicit" list shall be maintained by the Town Clerk.
(2) 
The "Do Not Solicit" list shall consist solely of property addresses and shall include no further identifying information concerning the ownership or occupancy of each property.
(3) 
The Tax Assessor shall notify the Town Clerk of any change in ownership of property within the Town. Upon such notice, the Town Clerk shall remove from the "Do Not Solicit" list any property that has changed ownership.
B. 
The Police Chief shall provide a copy of the "Do Not Solicit" list to every applicant to whom a license is issued pursuant to this bylaw. Any solicitation regulated by this bylaw at any address appearing on the "Do Not Solicit" list shall constitute a violation of this bylaw.
The Chief of Police shall maintain all pertinent records of licenses issued and violations recorded pursuant to this bylaw.
A. 
The provisions of this bylaw may be enforced by the Select Board, or any police officer of the Town of Foxborough by any available means in law or equity, including but not limited to enforcement by non-criminal disposition pursuant to Section 21D of Chapter 40 of the General Laws and appropriate sections of these bylaws. Each day on which a violation exists shall be deemed to be a separate offense. The penalty for each violation shall be $300.
[Amended 1-30-2023 STM by Art. 1]
B. 
Persons who willfully violate this bylaw by continuing to solicit after being informed by a police officer to cease and desist such activity may be arrested without a warrant by a police officer in accordance with the provisions of Massachusetts General Laws Chapter 272, § 59 and shall be subject to a penalty of $300.
C. 
Notwithstanding the above licensing procedures, no licensee may enter private property after being forbidden to do so either directly by the person in charge of the property or by a conspicuously posted notice of "No Trespassing" or "No Soliciting." Such trespass violations are controlled by Massachusetts General Laws Chapter 266, § 120, which authorizes the arrest (without a warrant) of a person found committing such a trespass in the presence of a police officer.
D. 
Revocation/suspension of license: After investigation by a police officer, licenses issued under the provisions of this bylaw may be revoked by the Chief of Police after notice and hearing for any of the causes listed below. A license may be suspended immediately by the Police Chief without notice and a hearing if the public safety or welfare so requires for any of the following causes.
(1) 
Fraud, misrepresentation, or false statement contained in the license application;
(2) 
Fraud, misrepresentation or false statements made in the course of carrying on the solicitation activity;
(3) 
Any violation of this bylaw;
(4) 
Conviction of any crime listed in § 184-6B of this bylaw or classification as a Level 2 or Level 3 Sex Offender;
(5) 
Conducting the business of soliciting or canvassing in an unlawful manner or in such a manner as to constitute a breach of the peace, or a menace to health, safety, or the general public welfare; and
(6) 
Engagement in high-pressure tactics, harassment, or a refusal to accept a refusal of solicitation by a property owner/occupant when such conduct is verified in writing.
If a license is suspended under the provisions of this section, notice of a hearing shall issue in accordance with the following subsection.
E. 
Notice of hearing for revocation or suspension of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be hand delivered to the licensee or forwarded by certified mail to the licensee at his or her last known address at least five days prior to the hearing date.
All licenses for soliciting or canvassing in the Town are valid only for the particular dates or the time period specified therein, and in no case for longer than one year from the date of issuance.
[Amended 1-30-2023 STM by Art. 1]
Any person or organization who is denied a license or whose license has been revoked or suspended may appeal said determinations by filing a written notice of appeal with the Select Board. Such appeal must be filed within five days of delivery of the notice or denial or revocation/suspension. The Select Board shall hear the appeal at its next scheduled meeting after the filing of the notice of appeal, subject to applicable meeting notice posting requirements.
The provisions of this bylaw shall be severable, and if any section, sentence, clause, or phrase of this bylaw shall for any reason be held to be invalid, such invalidity shall not affect the validity of the remaining sections, sentences, clauses and phrases of this bylaw and they shall remain in effect, it being the legislative intent that the remainder of this bylaw shall stand, notwithstanding the invalidity of any part thereof.