[HISTORY: Adopted by the Town Meeting of the Town of Marshfield as indicated in article histories. Amendments noted where applicable.]
[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.
A. 
Every organization intending to engage in door-to-door solicitation in the Town of Marshfield must register with the Police Chief using the organization solicitation registration form available at the Town Clerk's office. The Police Chief shall have 20 days to approve the registration for such solicitation or notify the applicant that the registration is denied.
B. 
The organization registrant is obligated to inform the Chief of Police as to the areas of Town in which its agents will be soliciting each day solicitation is to take place. Where solicitation will occur after 6:00 p.m., the registrant will inform the Chief of Police of the specific streets on which the intended solicitation or canvassing is to occur.
A. 
Each individual who seeks to solicit must complete an individual solicitation permit application form and provide a passport-sized photograph to be used for the permit badge.
B. 
Upon approval, the Chief shall cause an individual permit, with picture identification, to issue within five business days. The permit issued is nontransferable and must be displayed at all times while the permittee is conducting business.
C. 
Upon request, the permittee shall show his/her permit to a police officer. The permit shall be valid for no more than six months from the date of issue. The organization registrant shall pay a processing fee of $5 per badge issued. The Police Chief, for good cause shown, may waive this fee.
A. 
The Chief of Police may refuse to register an organization which has been charged with fraud or deceptive or misleading advertising or is under investigation by the Attorney General's Consumer Fraud Prevention Division, until such charge or investigation is disposed of and the organization found not culpable.
B. 
No registration shall issue to any organization that the Police Chief determines has violated this bylaw; no registration shall issue to any organization if the Police Chief determines that the registration form is incomplete; no registration shall issue if the Police Chief determines that the application contains any fraudulent or untruthful statements.
A. 
No permit shall issue if the applicant for the permit has ever been convicted of a felony, or any one or more of the following misdemeanors:
(1) 
Assault and battery;
(2) 
Breaking and entering a building or ship with intent to commit a misdemeanor;
(3) 
Larceny;
(4) 
Shoplifting, cheating by check;
(5) 
Unlawful or fraudulent use of credit cards;
(6) 
Unlawful taking of money;
(7) 
Stealing or poisoning of a dog;
(8) 
Buying, receiving or concealing stolen goods;
(9) 
Deceptive advertising;
(10) 
Making or publishing false statements;
(11) 
Destruction or injury of a building;
(12) 
Trespass on property after prohibition;
(13) 
Trespass with internal combustion engine or source of mechanical power.
B. 
No permit shall issue to any person who has violated any provision of this bylaw; no permit shall issue if the Chief determines that the individual permit application form is incomplete; no permit shall issue if the Chief determines that the individual permit application form contains any untruthful or fraudulent statement.
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.