[HISTORY: Adopted by the Town of Sterling 5-16-2011 by Art. 48, approved 9-19-2011; readopted 5-14-2012 ATM by Art. 19, approved 10-11-2012. Amendments noted where applicable.]
It is the purpose of this bylaw to regulate persons or organizations engaged in soliciting or peddling in the Town of Sterling through the issuance of licenses and imposition of other limitations on such conduct for the purpose of protecting the Town's residents from disruption of the peaceful enjoyment of their residences and from crime and fraud, and further, to allow reasonable access to residents in their homes by persons or organizations who wish to engage in commercial solicitation.
A solicitor or peddler is defined as any individual, whether a resident of the Town of Sterling or not, traveling either by foot, motor vehicle, or any other type of conveyance, from place to place, house to house, taking or attempting to take orders for sale of goods, wares, merchandise, personal property of any nature for immediate or future delivery or for services to be furnished or performed immediately or in the future and whether or not he or she collects advance payments on such sales.
It shall be unlawful for any solicitor or peddler as defined in § 117-2 of this bylaw to engage in such business in the Town of Sterling without first obtaining a license in compliance with the provisions of this bylaw. Any person who is not properly licensed under this bylaw shall be ordered to immediately cease and desist all solicitation in the Town until they attain a proper license.
Nothing in this bylaw shall be construed to impose any license requirement or otherwise restrict or in any way regulate any activity for noncommercial purposes, including but not limited to any activity for religious, charitable, civic or political purposes, regardless of whether such activity includes acts that would otherwise constitute soliciting.
A. 
Each individual applicant for a license under this bylaw shall submit to the Chief of Police or his/her designee an application along with a fee of $25 (per individual applicant) payable to the Town of Sterling which will be used to cover the cost of processing permits and conducting the investigation of the application.
B. 
Each applicant must complete a sworn application in writing, at least 10 working days prior to the requested starting date for solicitation, on a form provided by the Police Department. Said form shall include the following information:
(1) 
Name, physical description, and date of birth;
(2) 
Social security number of the applicant (optional);
(3) 
Permanent home address as well as full local address of the applicant;
(4) 
A brief description of the nature of the business and/or goods to be sold;
(5) 
If employed, name and address of employer, including credentials which establish the exact relationship;
(6) 
The length of time for which the license is desired (not to exceed 90 days);
(7) 
Names of manufacturer, of source of merchandise, and proposed method of delivery;
(8) 
Two photographs of the applicant, taken within the past 60 days prior to filing of the application, showing only the head and shoulders of the applicant in a clear and distinguishing manner.
(9) 
A statement as to whether or not the applicant has been convicted of any crime listed in § 117-6 of the bylaw or is a Level 2 or Level 3 sex offender required to register with the Sex Offenders Registry Board.
A. 
If after an investigation into the facts contained in the license application the Police Chief is satisfied the applicant is of suitable character, the Police Chief, or his designee, shall grant the requested license.
B. 
The Police Chief or his designee shall refuse to issue a license to any organization or individual whose license has been revoked for violation of this bylaw within the previous two-year period or who has been convicted of murder/manslaughter, rape, robbery, arson, burglary/breaking and entering, felony assault, or larceny over $250, as such persons pose a substantial degree of dangerousness to minors and other persons vulnerable to becoming victims of the violent crimes so listed. The Police Chief shall also refuse to grant a license to a person who is a sex offender required to register with the Sex Offenders Registry Board and who is finally classified as Level 2 or Level 3 sex offender, as such persons have been found to have a moderate to high risk of re-offense and pose a substantial degree of dangerousness to minors and other persons vulnerable to becoming victims of sex crimes.
The Police Department, after a review of the information contained in the license application, but in no event more than 10 working days after receipt of a fully completed application, shall issue to each successful applicant an identification card which shall contain the words "Licensed Solicitor," the individual's picture, identification and expiration date of the license. Persons engaged in solicitation or peddling as defined in this bylaw must carry the registration card while soliciting or peddling and present the card to any police officer or person solicited upon request.
It shall be the duty of any police officer of the Town to require any person seen soliciting or peddling and who is not known by such officer to be duly licensed to produce his or her solicitor's license and to enforce the provisions of this bylaw against any person found to be violating the same.
A properly licensed solicitor or peddler may solicit between the following hours:
A. 
Monday through Friday: 8:00 a.m. through 9:00 p.m.
B. 
Saturday, Sunday and holidays: 9:00 a.m. through 9:00 p.m.
The Chief of Police shall maintain all pertinent records of licenses issued and violations recorded.
A. 
The provisions of this bylaw shall be enforced by police officers of the Town of Sterling by any available means in law or equity, including but not limited to enforcement by noncriminal disposition pursuant to MGL c. 40, § 21D and Chapter 1, Article III, of the General Bylaws. Each day on which a violation exists shall be deemed to be a separate offense. The penalty for each violation shall be $300.
B. 
Whoever continues to solicit in the Town in willful violation of this bylaw, by continuing to solicit after being informed by a police officer to cease and desist, may be arrested without a warrant by a police officer in accordance with the provisions of MGL c. 272, § 59, and subject to a penalty of $300.
C. 
Notwithstanding the above licensing procedures, no licensee may enter private property after being forbidden to do so either directly by the person in charge of the property or by a conspicuously posted notice of "No Trespassing" or "No Soliciting." Such trespass violations are controlled by MGL c. 266, § 120, which authorizes the arrest (without a warrant) of a person found committing such a trespass in the presence of a police officer.
D. 
After investigation by a police officer, licenses issued under the provisions of this bylaw may be revoked by the Chief of Police or his designee after notice and hearing; provided, however, that a license may be suspended immediately, without notice and a hearing, if the public safety or welfare so requires, for any of the following causes:
(1) 
Fraud, misrepresentation, or false statement contained in the license application;
(2) 
Fraud, misrepresentation or false statements made in the course of carrying on the business of solicitation;
(3) 
Any violation of this bylaw;
(4) 
Conviction of any crime listed in § 117-6 of this bylaw or classification as a Level 2 or Level 3 sex offender;
(5) 
Conducting the business of soliciting or peddling in an unlawful manner or in such a manner as to constitute a breach of the peace, or to constitute a menace to health, safety, or the general welfare of the public; and
(6) 
High-pressure tactics, harassment, or a refusal to accept a refusal as an answer, when verified in writing.
E. 
If a license is suspended under the provisions of this section, notice of a hearing with regard to the same shall be given forthwith in accordance with the following subsections:
(1) 
Notice of hearing for revocation or suspension of a license shall be given in writing, setting forth specifically the grounds of the complaint and a time and place of the hearing.
(2) 
Such notice shall be hand delivered to the licensee or forwarded by certified mail to the licensee at his or her last known address at least five days prior to the hearing date.
All licenses for soliciting in the Town are valid only for the particular dates or time period specified thereon, and in no case for longer than 90 days.
Any person or organization who is denied a license or whose license has been revoked may appeal by filing a written notice of appeal with the Select Board. Such appeal must be filed within five days after receipt of the notice or denial or revocation. The Select Board shall hear the appeal at its next scheduled meeting after the filing of the written notice of appeal; provided, however, that if the Select Board fails to make a determination within 30 days after the filing of the appeal, the license shall be deemed granted or reinstated, as the case may be.
The provisions of this bylaw are declared to be severable, and if any section, sentence, clause or phrase of this bylaw shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this bylaw and they shall remain in effect, it being the legislative intent that this bylaw shall stand, notwithstanding the invalidity of any part.