Town of Harvard, MA
Worcester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Annual Town Meeting of the Town of Harvard 4-2-2005 by Art. 40. Amendments noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 62.
It shall be unlawful for any solicitor or canvasser as defined in this bylaw to engage in the business of soliciting or canvassing within the Town of Harvard 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 who is exempt from regulation by this bylaw under the provisions of Chapter 101 of the Massachusetts General Laws or any other state law, or to any person duly licensed under said Chapter 101, nor shall this bylaw be construed to prevent route salespersons or other persons having established customers to whom they make periodic deliveries or visits from calling upon such customers or from making calls upon prospective customers to solicit an order for future periodic route deliveries.
As used in this bylaw, a "solicitor" or "canvasser" is any person who, for himself or herself, or for another person, firm or corporation travels by foot, automobile or any other means of travel from place to place, from house to house, or from street to street, taking or attempting to lease or take orders for the retail sale of goods, wares, merchandise, or services, including, without limitation, the selling, distributing, exposing for sale or soliciting orders for magazines, books, periodicals or other articles of a commercial nature, the contracting of home improvements, or for services to be performed in the future, whether or not such person has, carries or exposes for retail sale a sample of the subject of such sale or whether such person is collecting advance payment on such retail sales.
Applicants for a license to canvass or solicit shall file with the Chief of Police, on a form issued by the Police Department, a written application signed under penalties of perjury, containing the following information:
A. 
Name of applicant;
B. 
Address of applicant;
C. 
Applicant's height, weight, eye and hair color;
D. 
Applicant's social security number;
E. 
The length of time for which the right to do business is desired;
F. 
A brief description of the nature of the business and the goods to be sold;
G. 
The name and home office address of the applicant's employer. If self-employed, it shall so state;
H. 
A photograph of the applicant which picture shall be submitted by the applicant and be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;
I. 
If operating a motor vehicle: the year, make, model, vehicle identification number, registration number, state of registration, vehicle's owner and address.
At the time of filing the application, each applicant shall pay a nonrefundable fee of $5.
A. 
Upon receipt of the application, the Chief of Police shall investigate the applicant's reputation as to honesty and integrity.
B. 
After an investigation of the applicant's honesty and integrity, but within seven business days of the filing of the application, the Chief of Police shall endorse on such application his approval or disapproval. Failure of the Police Chief to act on such application within seven business days of filing shall constitute approval thereof. If disapproved, the applicant shall have the right to appeal to the Select Board in writing within seven business days of the disapproval by the Chief of Police. The Select Board must act upon the appeal at one of their next two regularly scheduled meetings. Failure to so act shall constitute approval thereof.
[Amended 10-22-2018 STM by Art. 1]
C. 
Such license, when issued, shall contain the signature of the Chief of Police or the Select Board and shall show the name, address and a photograph of the licensee, the date of issuance and the length of time that the license shall be in effect and the license number. The Police Department shall keep a record of all such licenses issued for a period of six years. Solicitors and canvassers, when engaged in the business of soliciting or canvassing, are required to display an identifying badge issued by the Police Department by wearing said badge on an outer garment. Each licensee is required to possess an individual license.
[Amended 10-22-2018 STM by Art. 1]
D. 
Duty of police to enforce/transfer: The police officers of the Town shall enforce this bylaw. No license shall be transferred.
[Amended 10-22-2018 STM by Art. 1]
The Chief of Police may revoke licenses issued pursuant to this bylaw. Any person aggrieved by such revocation may appeal to the Select Board within seven business days and a hearing will be scheduled for one of the next two regularly scheduled meetings of the Select Board.
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.
The Chief of Police may renew licenses issued under the provisions of this regulation. An applicant requesting renewal of a license must apply in person for such license renewal, and provide such information as is required to obtain an initial license.
A. 
No solicitor or canvasser, licensed or exempted from license, shall misrepresent, in any manner, the buyer's right to cancel an order.
B. 
It shall be unlawful for any solicitor or canvasser to ignore a "no trespassing" or "no solicitors" sign. No solicitor or canvasser may use any plan, scheme, or ruse, which misrepresents the true status or mission of the person or establishment with the purpose of making sales of consumer goods or services.
C. 
Trespassing. It shall be unlawful for any canvasser or solicitor to enter the premises of a resident or business who has a resident or business person's no solicitation or no trespassing directive or to remain on private property after its owner or other person in lawful possession has indicated that the canvasser or solicitor is not permitted to remain on thereon.
D. 
Hours. It shall be a violation of this bylaw to solicit or canvass, as defined in this bylaw, between sunset and 9:00 a.m.
[Amended 6-21-2005 STM by Art. 7]
Any person violating any provision of this bylaw shall, upon conviction thereof, be punished by a fine of $50 for each and every violation. As an alternative to criminal prosecution for violations of this bylaw, violators may be punished by the imposition of a civil fine pursuant to the provisions of Massachusetts General Laws Chapter 40, Section 21D. Such civil fine shall not exceed $50 for each and every violation.