The following words, terms and phrases, and their derivations,
when used in this § 7-500, shall have the meanings ascribed
to them in this section, except where the context clearly indicates
a different meaning:
Means and includes the words patriotic, philanthropic, social
service, health, welfare, benevolent, educational, civic, cultural
or fraternal, either actual or purported.
Means and includes the words alms, money, subscription, property
or any donations under the guise of a loan or money or property.
Means the Police Department.
Means any person who goes upon the premises of any private
residence in the Town, not having been invited by the occupant thereof,
carrying or transporting goods, wares, merchandise or personal property
of any nature and offering the same for sale. This definition also
includes any person who solicits orders and as a separate transaction
makes deliveries to purchasers as part of the scheme to evade the
provisions of this bylaw.
Includes all activities ordinarily performed by a peddler
as indicated under the definition of "peddler" in this section.
Means a natural person or any firm, corporation, association,
club, society or other organization.
Means the Chief of Police.
Means any person who goes upon the premises of any private
residence in the Town, not having been invited by the occupant thereof,
for the purpose of taking or attempting to take orders for the sale
of goods, merchandise, wares or other personal property of any nature
for future delivery, or for services to be performed in the future.
This definition also includes any person who, without invitation,
goes upon private property to request contribution of funds or anything
of value, or sell goods or services for political, charitable, religious
or other noncommercial purposes.
Includes all activities ordinarily performed by a solicitor
as indicated under the definition of "solicitor" in this section.
It shall be unlawful for any person 18 years of age or older
to engage in peddling or solicitation activities within the Town of
Northbridge without first obtaining a permit issued by the Police
Department; provided, however, that the following are exempted from
the provisions of this section:
A.
Any solicitation made upon premises owned or occupied by an
organization upon whose behalf the solicitation is made;
B.
Any communication by an organization soliciting contributions
solely from persons who are members of the organization at the time
of such solicitation;
C.
Any solicitation in the form of a collection at a regular meeting,
assembly or service of a charitable person; or
D.
Any solicitation for the relief of any individual specified
by name at the time of the solicitation where the solicitor represents
in each case that the entire amount collected shall be turned over
to the named beneficiary.
A.
No person under the age of 18 shall be permitted to engage in
peddling except as provided in this section.
B.
A permit shall be obtained by a sponsoring person, company or
organization for the conduct of any peddling or solicitation activities
involving, in whole or in part, a sales force of one or more persons
under 18 years of age.
C.
The sponsor shall be responsible for supervising and controlling
the conduct of all persons, including juveniles, peddling under the
sponsor's permit.
D.
The sponsor shall provide to each individual in its sales force
a badge or other easily readable form of identification which identifies
the name of the sponsor and the name of the individual. The sponsor
shall require all individuals in its sales force to wear such identification
so that it is clearly visible at all times when the individuals are
peddling or soliciting.
A.
Every person subject to the provisions of this bylaw shall file
with the Police Chief an application in writing on a form to be furnished
by the Police Department, which shall provide the following information:
(1)
Proof of age, address and identification of the applicant, to
be provided through the applicant's driver's license, articles of
incorporation (for sponsors) or other legally recognized form of identification;
(2)
A brief description of the business or activity to be conducted;
(3)
The hours and location for which the right to peddle or solicit
is desired;
(4)
If employed, the name, address and telephone number of the employer;
or if acting as an agent, the name, address and telephone number of
the principal who is being represented, with credentials in written
form establishing the relationship and the authority of the employee
or agent to act for the employer or principal, as the case may be;
(5)
A statement as to whether or not the applicant has been convicted
of a felony, misdemeanor or bylaw violation (other than traffic violations),
the nature of the offense or violation, the penalty or punishment
imposed, the date when and place where such offense occurred and other
pertinent details thereof;
(6)
Proof of possession of any license or permit which, under federal,
state or local laws or regulations, the applicant is required to have
in order to conduct the proposed business, or which, under any such
law or regulation, would exempt the applicant from the licensing requirements
of this bylaw; and
(7)
Two photographs of the applicant which shall have been taken
within 60 days immediately prior to the date of filing of the application.
The photographs shall measure two inches by two inches and show the
head and shoulders of the applicant in a clear and distinguishing
manner.
B.
The Police Chief may, in his discretion, waive strict compliance
with the provisions of this section when the sponsoring organization
is a recognized local youth organization, including but not limited
to Boy Scouts, Girl Scouts, Bluebirds, Little League (baseball), Pop
Warner (football) etc.
At the time the application is filed with the Police Department,
the applicant shall pay a fee to cover the cost to the Town of processing
the application and investigating the facts stated therein. The permit
fee shall be $10 for each solicitor or peddler.
A.
Upon receipt of an application, the Police Chief, or authorized
representative, shall review the application as deemed necessary to
ensure the protection of the public health, safety and general welfare.
B.
If the Police Chief finds the application to be satisfactory,
the Police Chief shall endorse his approval on the application and
shall, upon payment of the prescribed fee, deliver the required permit
to the applicant.
C.
The permit shall show the name, address and photograph of the
permittee, the class of permit issued, the kind of goods or services
to be sold or delivered, the date of issuance and the length of time
that the permit shall be in effect. The permit shall also show the
permit number and identifying description of any vehicle to be used
in carrying on the business for which the permit is issued.
D.
A record of all permits issued shall be maintained by the Police
Department for a period of two years.
A.
Upon the Police Chief review of the application, the Police
Chief may refuse to issue a permit to the applicant under this bylaw
for any of the following reasons:
(1)
The location and time of solicitation or peddling would endanger
the safety and welfare of the solicitors, peddlers or their customers;
(2)
An investigation reveals that the applicant falsified information
on the application;
(3)
The applicant has been convicted of a felony, misdemeanor or
bylaw violation involving a sex offense, trafficking in controlled
substances, or any violent acts against persons or property, such
conviction being entered within the five years preceding the date
of application;
(4)
The applicant is a person against whom a judgment based upon,
or conviction for, fraud, deceit or misrepresentation has been entered
within the five years immediately preceding the date of application;
(5)
There is no proof as to the authority of the applicant to serve
as an agent to the principal; or
(6)
The applicant has been denied a permit under this bylaw within
the immediate past year, unless the applicant can and does show to
the satisfaction of the Police Chief that the reasons for such earlier
denial no longer exist.
B.
The Police Chief's disapproval and the reasons for disapproval
shall be noted on the application, and the applicant shall be notified
that his application is disapproved and that no permit will be issued.
Notice shall be mailed to the applicant at the address shown on the
application form, or at the applicant's last known address.
All permits issued under the provisions of this bylaw shall
expire one year from the date of issuance, unless an earlier expiration
date is noted on the permit.
At the same time the permit is issued, the Police Chief shall
issue to each permittee a badge, which shall be worn by the permittee
in such a way as to be conspicuous at all times while the permittee
is soliciting or peddling in the Town.
Every person required to obtain a permit under the provisions
of this bylaw shall exhibit the permit when requested to do so by
any prospective customer or police officer.
It shall be unlawful for any person other than the permittee
to use or wear any permit or badge issued under the provisions of
this bylaw.
It shall be unlawful for any person, whether licensed or unlicensed,
while conducting the business of a peddler or solicitor, to enter
upon any residential premises in the Town where the owner, occupant
or person legally in charge of the premises has posted, at the entry
to the premises, or at the entry to the principal building on the
premises, a sign bearing the words "No Peddlers," "No Solicitors,"
or words of similar import.
No person, while conducting the activities of a peddler or solicitor,
whether licensed or unlicensed, shall enter upon any private property,
knock on doors or otherwise disturb persons in their residences between
the hours of 7:00 p.m. and 10:00 a.m.
Any permit issued under this bylaw may be revoked or suspended
by the Police Chief, after notice and hearing, for any of the following
reasons:
A.
Fraud, misrepresentation or false statement contained in the
application for a permit;
B.
Fraud, misrepresentation or false statement made by the permittee
in the course of conducting solicitation or peddling activities;
C.
Conducting peddling or solicitation activities contrary to the
provisions contained in the permit;
D.
Conviction for any crime involving moral turpitude; or
E.
Conducting peddling or solicitation activities in such a manner
as to create a public nuisance, constitute a breach of the peace or
endanger the health, safety or general welfare of the public.
Notice of a hearing for revocation of a permit issued under
this bylaw shall be provided in writing and shall set forth specifically
the grounds for the proposed revocation and the time and place of
the hearing. Notice shall be mailed, postage prepaid, to the permittee
at the address shown on the permit application or at the last known
address of the permittee.
A.
Any person aggrieved by the action or decision of the Police
Chief to deny, suspend or revoke a permit applied for under the provisions
of this bylaw shall have the right to appeal such action or decision
to the Town Manager within 15 days after the notice of the action
or decision has been mailed to the person's address as shown on the
permit application form, or to his last known address.
B.
An appeal shall be taken by filing with the Police Chief a written
statement setting forth the grounds for the appeal.
C.
The Police Chief shall transmit the written statement to the
Town Manager within 10 days of its receipt and the Town Manager shall
set a time and place for a hearing on the appeal.
D.
A hearing shall be set not later than 20 days from the date
of receipt of the appellant's written statement.
E.
Notice of the time and place of the hearing shall be given to
the appellant in the same manner as provided for the mailing of notice
of action or decision.
F.
The decision of the Town Manager on the appeal shall be final
and binding on all parties concerned.
Any person claiming to be legally exempt from the regulations
set forth in this bylaw, or from the payment of a permit fee, shall
cite to the Police Chief the statute or other legal authority under
which exemption is claimed and shall present to the Police Chief proof
of qualification for such exemption.
A.
Violation of any of the provisions of this bylaw shall be punishable
as set forth in § 1-109A and B of this Code of Bylaws. In
addition to any criminal enforcement, the Town or any individual may
pursue any available civil remedies deemed appropriate and necessary.
B.
If a violation of any provision of § 7-500 is enforced
through the procedures of MGL C. 40, § 21D, and § 1-109A
of this Code of Bylaws, the penalty shall be $25 for the first offense
in any calendar year, $50 for the second offense and $100 for the
third and each subsequent offense in the same calendar year.
[Amended 10-24-2006 ATM, Art. 23]
The provisions of § 7-500 are severable. If any section,
sentence, clause or phrase of the bylaw shall, for any reason, be
held to be invalid or unconstitutional by a court of competent jurisdiction,
such decisions shall not affect the validity of the remaining sections,
sentences, clauses and phrases of this bylaw, but they shall remain
in effect; it being the legislative intent that this bylaw shall remain
in effect notwithstanding the invalidity of any part.
