This By-Law is intended to secure for residents
of the Town the tranquillity which they reasonably expect to enjoy
in the privacy of their homes and to protect them from unreasonable
intrusion by unrequested and unwanted solicitation and canvassing.
It is framed with deep respect for the principles embodied in the
constitutions of the United States and the Commonwealth of Massachusetts
and attempts to achieve a workable balance between the right of free
speech and the right of privacy. It is intended to be framed narrowly
and construed strictly to achieve its purpose by imposing certain
restrictions as to the time, place and manner in which solicitation
and canvassing are conducted. It is not intended to be applied to
political or religious activities entitled to protection under the
First Amendment to the United States Constitution.
Each certificate of registration shall contain
the signature of Chief of Police or the Chief's designee and shall
show the name, address and photograph of the holder of said certificate,
date of issue and registration number.
Each certificate of registration issued pursuant
to this By-Law shall expire 90 days from date of issue.
No certificate of registration may be transferred
to any other person or entity.
The Chief of Police may revoke the certificate
of registration of any solicitor or canvasser for violation of any
provision of this By-Law or for providing false information on the
application.
The Police Department shall keep a record of
all certificate of registration, including registration numbers, and
application thereof for a period of six years after application. Enforcement
authority of this By-Law shall be by criminal complaint filed by the
Police Department.
The provisions of this By-Law shall not apply
to the following persons:
A. Any person duly licensed under Chapter 101 of the
General Laws or any persons exempted under Chapter 101, Chapter 149,
Section 69, Chapter 180, Section 4, or any other General Law.
B. Any officer or employee of the Town, county, state
or federal government on official business; or
C. Route salespersons or others having established customers
making periodic deliveries to such customers or making calls upon
prospective customers to solicit orders for periodic route deliveries,
including but not limited to news carriers.
If any section, subsection, sentence, clause,
phrase or portion of this By-Law shall be declared invalid or held
unconstitutional by any court of last resort, the remainder shall
continue in full force and effect.
Whoever violates any provisions of this By-Law
shall be liable to a penalty of not less than $100 for each offense.