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.
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.
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.