[Adopted 1-21-1957 (Art.
22 of the General Bylaws)]
This bylaw establishes registration requirements and specific
operation requirements for persons intending to engage in door-to-door
solicitation in the Town of Marshfield. The Bylaw is intended to protect
citizens from the perpetration of fraud or other crimes and to allow
for reasonable access to residents in their homes by persons or organizations
who wish to communicate either commercial or noncommercial messages.
As used in this bylaw, the following terms shall have the meanings
indicated:
PERMIT
The photo identification card issued to a permittee.
PERSON
Any individual, firm, copartnership, corporation, company,
associations, organizations, committee or other such entity.
REGISTRATION
The document given to the organization, corporation, company,
association or committee for solicitation.
SOLICIT or SOLICITATION
A.
Includes any one or more of the following activities:
(1)
Seeking to sell or to obtain orders for the purchase of goods,
wares, merchandise, foodstuffs, or services of any kind, character
or description.
(2)
Seeking to obtain subscriptions to books, magazines, periodicals,
newspapers and every other type of publication.
B.
This bylaw shall not apply to persons soliciting solely for
religious, charitable or political purposes.
There shall be two types of filings required, an organization
solicitation registration and an individual solicitation permit.
No person may enter any residential property for the purpose
of solicitation which is posted "No Solicitation." Such signage must
be located near the main entrance of the property to be entered and
have letters at least one inch in size. Entering such posted property
shall be cause for permit and/or registration revocation.
No person having received a registration or a permit shall represent
to the public that the same constitutes an endorsement or approval
by the Town or its officials.
Should a permittee be arrested and charged with a crime that
is alleged to have occurred in the course of conducting business under
the permit, the permit shall be automatically suspended. Such suspension
shall last until the resolution of the criminal proceedings. Should
the permittee be found guilty of the offense, the permit shall be
revoked and no subsequent permit shall be issued.
Upon determination by the Chief of Police that a permittee has
been convicted of a felony or an above-named misdemeanor the permit
shall be revoked and returned to the Police Chief within three business
days. Upon a determination that a registration form contains untruthful
or misleading information, or that the registrant has been convicted
of fraud or found by the Attorney General's office to have violated
any consumer protection law or regulation, the registration and any
permits issued under that registration shall be revoked. All revoked
permits must be turned in to the Police Department within three days
of notice by the Chief to the registrant or permittee. Failure to
do so shall constitute a violation of this bylaw and each day the
permit is not turned in shall constitute a separate offense.
[Amended 4-26-2021 STM by Art. 5; 10-18-2021 STM by Art. 32]
Any person who commits an unlawful act as described in this
bylaw shall be punished by a fine of $300 per outstanding permit,
per day. The Select Board may also seek civil injunctive relief in
any court of competent jurisdiction against an organization registrant
and/or individual solicitation permittee to restrain violations of
the provisions of this bylaw.
[Amended 10-18-2021 STM by Art. 32]
Any person or organization that is denied registration or permit
or whose registration or permit has been revoked may appeal by filing
a written notice of appeal with the Select Board. Such appeal must
be filed within five days after receipt of the notice of denial or
revocation. The Select Board shall hear the appeal at its next scheduled
meeting after the filing of the written notice of appeal. The Select
Board must issue a decision within 21 days of the filing of the appeal.
[Adopted 3-7-1960 (Art.
30 of the General Bylaws); amended in its entirety 10-18-2021 STM by Art.
32]
There shall be no peddling of commercial goods in the Town of
Marshfield unless a peddler's license shall have first been obtained
from the Select Board.