[HISTORY: Adopted by the Town Meeting of the Town of Orange as indicated
in article histories. Amendments noted where applicable.]
[Adopted as approved 5-7-1872 (Bylaws
22 and 32)]
No person shall place or keep any table, stall or booth or other erection
in any street, highway, sidewalk, or in any of the public squares or grounds
in the Town, for the sale of fruit or other things without permission from
the Selectmen.
[Amended 5-2-2005 ATM, Art. 11,
approved 8-4-2005]
[Adopted 5-2-1988 ATM by Art. 57, approved
8-30-1988 (Bylaw 54)]
For the purpose of this article, the following terms are thus defined:
Includes any person who has obtained a valid certificate of registration
as hereinafter provided, which certificate is in the possession of the solicitor
on his or her person while engaged in the act of soliciting.
Includes every separate living unit occupied for residential purposes
by one or more persons, contained within any type of building or structure.
Includes any one or more of the following activities:
Seeking to sell or offering to sell by sample, list, catalog or otherwise
for future delivery, or seeking to obtain orders for the purchase of goods,
wares, merchandise, publications and magazines, food stuffs, services of any
kind of consideration whatever; or
Seeking to obtain prospective customers for application or purchase
of insurance or real estate by unlicensed representative of any type, kind
or publication; or
Seeking to obtain gifts or contributions of money, clothing, or any
other valuable thing for the support or benefit of any charitable, religious,
political action, or nonprofit association, organization, corporation, or
project.
Every person desiring to engage in soliciting, as herein defined, from
persons in residence within the Town of Orange is hereby required to make
written application for a certificate of registration as hereinafter provided.
Such certificate shall be displayed conspicuously on the outer garment of
the solicitor.
Application for a certificate of registration shall be made upon a form
provided by the Board of Selectmen's office. The applicant(s) shall truthfully
state in full the information requested on the application, to wit:
A.
Name and address of present place of residence of applicant,
and business address.
B.
Name and address of the person, firm or corporation or
association whom the applicant(s) is employed by or represents.
C.
Purpose of solicitation.
D.
Description sufficient for identification of the subject
matter of the soliciting in which the applicant will be engaged.
E.
Period of time for which the certificate is applied,
in any event not to exceed 12 months. The certificate of registration shall
state the expiration date thereof.
F.
Date, or approximate date, of latest previous application
for certificate under this article, if any.
G.
Has a registration of registration issued to the applicant
under this article ever been revoked?
H.
Has the applicant ever been convicted of a felony under
the laws of this state or any other state or of a federal law?
I.
Names of magazines, books or journals, etc.
J.
Proposed method of operation.
K.
Signature of applicant.
All statements made by the applicant upon the application or in connection
therewith shall be made under the penalties of perjury.
No certificate of registration shall be issued to any person who has
been convicted of the commission of a felony under the laws of the Commonwealth
or any other state or federal law, nor to any person whose certificate of
registration issued hereunder has previously been revoked as herein provided.
Any certificate of registration issued hereunder shall be revoked by
the Board of Selectmen, Chief of Police, or his designee, if the holder of
the certificate is found to be in violation(s) of any terms of this article.
Immediately upon giving of such notice of revocation the certificate of registration
shall become null and void. Verbal notice of revocation shall be followed
immediately by written notice thereof from the Board of Selectmen, Chief of
Police or his designee to the holder of the certificate in person or by certified
mail addressed to the holder's residence address set forth in the application.
All applications for a certificate of registration shall be made at
least seven days before the desired date of initial solicitation, and the
Board of Selectmen shall act on said application within five days of submission
of the application.
The Police Department shall keep a permanent record of all applicants
and issuances of certificates of registration for soliciting.
Upon approval by the Board of Selectmen of the application for a certificate
of registration, the applicant shall pay to the Town a fee in the amount of
$25, except that the Board of Selectmen shall waive said fee for any charitable,
religious, social, political action or nonprofit group, including but not
limited to veteran's groups, hospitals, United Way, YMCA, and the American
Red Cross. In the event that any organization or group shall have more than
one solicitor, the fee shall be $25 per solicitor.
It is hereby declared to be unlawful for any person, whether registered
under this article or not, to go upon any premises and ring the doorbell upon
or near any door of a residence located thereon, or rap or knock to attract
the attention of the occupant of such residence, for the purpose of securing
an audience with the occupant thereof and engage in soliciting as herein defined
prior to 9:00 a.m. or after 8:00 p.m. of any weekday, or at any time on a
Sunday or on a state or national holiday.
The Town shall provide each solicitor with a badge-size permit for solicitation,
which must be displayed conspicuously on the outer garment of the solicitor.
Any person(s) who violates this article may be arrested without a warrant
in the place where the offense is committed pursuant to MGL c.272, § 59.
The penalty for a violation of this article shall be a fine not to exceed
$200, which may be recovered upon complaint before the District Court and
shall enure to the Town, all in accord with MGL c.40, § 21.
