[R. O. 1947, ch. 18, § 18]
It shall be unlawful for any person, either as a principal,
or as agent for any other person to go in or upon any premises occupied
for residential purposes within the City for the purpose of soliciting
or canvassing from any occupant thereof orders for goods, wares, merchandise
or services, or for the purpose of offering to give or furnish any
article or service in order to obtain such order, without first having
applied for and received from the Chief of Police a solicitor's permit
to do so.
[R. O. 1947, ch. 18, § 19; Ord. No. 967, § 1, 9-28-2005]
(a)
Any person, either as a principal, or as an agent for any other person or organization who proposes to perform the activities described in § 11-16 of this article shall apply for an initial registration with a Chief of Police or his/her designee.
(b)
In the event that the City of Pittsfield is the City for which initial
registration is being sought, each applicant for such initial registration
shall:
(1)
Provide positive identification;
(2)
Give a permanent street address;
(3)
Provide an exemplar of his/her signature;
(4)
Provide the name of his/her employer or the party responsible
for satisfying the obligations, if applicable;
(5)
Provide the business address of such employer, if applicable;
(6)
Provide the identity and registration of any motor vehicle to
be used to transport goods, wares, and/or merchandise or persons engaged
in the business of transporting such goods, wares, and/or merchandise;
and
(7)
Provide a brief description of the goods, wares, and/or merchandise
to be sold and the proposed method of operation.
(c)
In the event that the City of Pittsfield is the City for which initial
registration is being sought, the Chief of Police or his/her designee
shall photograph each applicant for the purpose of identification
and shall retain a copy of each such photograph for a minimum of two
years.
[R. O. 1947, ch. 18, § 20; Ord. No. 967, § II, 9-28-2005]
(a)
In the event that the City of Pittsfield is the City for which initial
registration is being sought, each applicant for initial registration
shall pay to the Pittsfield Police Department a registration fee of
$5. The fee for renewal of such registration shall be $5.
(b)
In the event that the City of Pittsfield is the City for which initial registration is being sought, if the Chief of Police or his/her designee determines by investigation or receives reliable information that an applicant has been convicted of a felony or is a fugitive from justice or if such applicant refuses to provide any of the required information as set forth in § 11-17 of this article, then said applicant may be denied registration. Otherwise, the Chief of Police or his/her designee shall provide each successful applicant who pays the required registration fee a certificate of registration.
(d)
The Chief of Police or his/her designee shall issue the certificate
of registration within 48 hours of the submission of the application.
(e)
The certificate of registration shall be effective upon issuance
and shall remain valid for a period of two years from the date of
issuance.
[R. O. 1947, ch. 18, § 22; Ord. No. 967, § III, 9-28-2005]
Regardless of where initial registration was obtained, each person performing the activities described in § 11-16 of this article shall conspicuously display his/her certificate of registration when engaged in the performance of such activities within the City of Pittsfield.
[R. O. 1947, ch. 18, § 21; Ord. No. 967, § IV, 9-28-2005]
(a)
Notification of commencement of selling. Regardless of where initial registration was obtained, before any person may commence in performing the activities described in § 11-16 of this article within the City of Pittsfield, written notice shall be given to the Chief of Police or his/her designee. Such written notification shall include:
(b)
Notification to Criminal History Systems Board. Upon receiving written notice of an intention to engage in the activities described in § 11-16 of this article within the City of Pittsfield, the Chief of Police or his/her designee shall electronically notify the Criminal History Systems Board of the name of each person who has registered or provided notice that he/she is engaging in the activities described in § 11-16 of this article within the City of Pittsfield. Such notification shall be by means of the criminal justice information system in accordance with a plan to be developed by the Criminal History Systems Board. The Chief of Police or his/her designee shall also make inquiry to determine whether the person engaging in the activities described in § 11-16 of this article is a missing person.
(c)
Regulation of operation. The Chief of Police or his/her designee may regulate the hours during which and conditions under which any registrant may engage in the activities described in § 11-16 of this article. If the registrant intends to extend its stay in the City of Pittsfield, the registrant shall submit to the Chief of Police or his/her designee a written statement citing the reason for such extension and the date of the expected departure of such registrant.
(d)
Revocation of registration. The Chief of Police or his/her designee may revoke any certificate of registration issued in accordance with the provisions of § 11-17 of this article for good cause. Good cause shall include a violation of MGL c. 101, § 34, or a determination that the registrant has been convicted of a felony, or is a fugitive from justice. In the event of any such revocation and if the issuing authority is a city or town other than the City of Pittsfield, the Chief of Police or his/her designee shall immediately notify in writing the Chief of Police or his/her designee of the city or town which issue the certificate of registration so revoked.
(e)
Penalties for violation.
(1)
Any person who knowingly violates any provision of this article
and/or any provision of MGL c. 101, § 34, shall be subject
to a fine of $500.
(2)
Any person who knowingly supplies false information on an application
or who carries on the business regulated by this article and/or MGL
c. 101, § 34, without registering or after his registration
is revoked or expired shall be punished by a fine of $500.
(3)
Consistent with the provisions of MGL c. 40, § 21D,
if any person, group, or organization is found to have violated the
provisions of this article and/or MGL c. 101, § 34, it shall
be the duty of the Chief of Police or his/her designee to provide
the alleged violator with a written notice to appear before the Clerk
of District Court, not later than 21 days after the date of such violation.
Both the content and the service of the notice shall comply with the
provisions of MGL c. 40, § 21D. As stated in Subsection
e(1) and (2) above, the penalty for such violations shall be a fine
of $500. Any person so noticed may either appear and confess to the
offense charged or he/she may mail to the City Clerk the fine so assessed.
Any person so noticed may contest the violation by making a written
request for a hearing within 21 days after the date of the notice.
In the event that any person so noticed fails to appear and/or pay
the fine as set forth, then the citing officer may, after receiving
such notification from the Clerk of Court, make application for a
criminal complaint.
(f)
The provisions of this article shall not apply to any person who engages in the activities described in § 11-16 on behalf of any group organized for any political purpose or for any purpose described in MGL c. 180, § 4, nor shall this article apply to a person engaged in any sale governed by MGL c. 149, § 69.
[R. O. 1947, ch. 18, § 25]
No permit to solicit as required by this article shall be required
in the case of a person who limits his solicitation to the sale of
articles for the sale of which no license is required in the case
of hawkers or peddlers; or of any person holding a hawker's or peddler's
license, issued according to law, authorizing the holder thereof to
be a hawker or peddler within the area of the City, or in the case
of a person holding a transient vendor's license, authorizing him
to do business in the City.
[R. O. 1947, ch. 18, § 24; Ord. No. 763, § 1, 9-14-1994]
No person, group, organization, or corporation shall solicit
the general public within the City for charitable purposes without
a license therefor from the City Clerk. This section shall not apply
to any religious corporation or charitable organization which is exempt
from registration under MGL c. 68, § 20, or any corporation
registered under Internal Revenue Service Code Section 501(c)(3).
Such license shall include the following information:
(1)
The name and address of the applicant;
(2)
A statement of the financial condition of the applicant, an itemization
of the income derived from collection and the sources of contribution
within the City, the expenses incurred by the applicant for the past
fiscal year, and the cost of administering such charity during the
past fiscal year; and
(3)
The certificate of registration as required by MGL, c. 68, § 19.
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The fee for such license shall be $25. The license shall be
issued immediately upon completion of the application and payment
of the fee and shall continue in force for one year from the date
of issuance.
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This section shall not be construed so as to interfere with
the constitutional right of freedom of expression of opinion of any
person.
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