[Adopted 5-20-1991 ATM by Art. 9]
[Amended 10-23-2006 ATM by Art. 2]
It shall be unlawful for any solicitor or canvasser
as defined in this bylaw to engage in such business within the Town
without first obtaining a license therefor in compliance with the
provisions of this bylaw. The provisions of this bylaw shall not apply
to any person exempted under MGL c. 101, or to any person duly licensed
under MGL c. 101, or to any person exempted by any other General Law,
nor shall this bylaw be construed to prevent route salesmen or other
persons having established customers to whom they make periodic deliveries
from calling upon such customers or from making calls upon prospective
customers to solicit an order for future periodic route deliveries.
A solicitor or canvasser is defined as any person
who, for himself or for another person, firm or corporation, travels
by foot, automobile or any other type of conveyance from place to
place, from house to house, or from street to street, taking or attempting
to lease or take orders for retail sale of goods, wares, merchandise,
or services, including, without limiting, the selling, distributing,
exposing for sale or soliciting orders for magazines, books, periodicals
or other articles of a commercial nature, the contracting of all home
improvements, or for services to be performed in the future, whether
or not such individual has, carries or exposes for retail sale a sample
of the subject of such sale or whether he is collecting advance payment
on such retail sales.
[Amended 10-23-2006 ATM by Art. 2]
The police officers of the Town shall enforce
this bylaw. No license shall be transferred.
The Chief of Police is hereby vested with the
jurisdiction over the revoking of licenses. Any person aggrieved by
such revocation may appeal to the Board of Selectmen within seven
business days, and a hearing will be scheduled for one of the next
two regularly scheduled meetings of the Board of Selectmen. Licensing
may be revoked for cause, including, but not limited to, any violation
of any local law, state or federal statute, or falsification in applying
for a license.
Each license issued under the provisions of
this bylaw shall continue in force from the date of issue until the
31st day of December following, unless sooner revoked.
A license issued under the provisions of this
bylaw may be renewed by Chief of Police. An applicant requesting a
renewal of a license must apply in person for such license renewal
and provide such information as is required to obtain an initial license.
[Amended 10-23-2006 ATM by Art. 2]
It shall be unlawful for any canvasser or solicitor
to enter the premises of a resident or business who or which has displayed
a "no trespassing" or "no soliciting" sign or poster. Further, it
shall be unlawful for canvassers or solicitors to ignore a resident's
or businessperson's no solicitation directive or remain on private
property after its owner has indicated that the canvasser or solicitor
is not welcome.
Any person violating any provision of this bylaw
shall, upon conviction thereof, be punished by a fine not to exceed
$50 for each and every offense.
Charitable, benevolent, fraternal, political
or religious organizations shall be exempt from this bylaw.
[Adopted 5-20-1996 ATM by Art 20]
Any person aggrieved by his or her inability
to obtain or retain a transient vendor's license or a hawker and peddler's
license may file an appeal in writing within 30 days of such decision
to the Board of Selectmen.
In the event any one or more provisions of this
bylaw are found or determined to be illegal or unenforceable by the
Massachusetts Appeals Court or the Massachusetts Supreme Judicial
Court, then the illegality of any such provision shall not affect
the validity of any other provision of this bylaw which provisions
will remain in full force and effect.