[Adopted by the Board of Selectmen 8-22-1932 (Ch. 5, § 12, of
the Bylaws)]
Every vehicle or other receptacle used by a licensee while peddling
shall have plainly printed on each side thereof, the name of the licensee
and the number of his license.
No person hawking, peddling or carrying or exposing any articles
for sale shall cry his wares to the disturbance of the peace and comfort
of the inhabitants of the Town, or otherwise than in vehicles and
receptacles which are neat and clean and do not leak.
Any license granted under these regulations or any regulations
amendatory or additional thereto may be revoked by the Selectmen.
[Amended 10-19-1981 ATM]
Whoever violates any provision of these regulations shall be punished as set forth in Chapter
58, Penalties and Enforcement.
[Amended 4-28-1975 ATM]
Unless the requirements of this Article
I are specifically waived by the Selectmen, this article will apply to all so-called "door to door" vendors.
[Adopted 4-27-1981 ATM (Ch. 5, § 23, of the Bylaws)]
It shall be unlawful for any solicitor or canvasser, as defined in §
192-10 of this bylaw, to engage in such business within the corporate limits of the Town of Lynnfield without first obtaining a permit and license therefor in compliance with the provisions of this bylaw.
[Added 10-20-2014 ATM by Art. 16]
The provisions of this bylaw shall not apply to the following
persons:
A. Any person
duly licensed under Chapter 101 of the General Laws or any persons
exempted under Chapter 101, Chapter 149, § 69, Chapter 180,
§ 4, or any other General Law;
B. Any officer
or employee of the Town, county, state or federal government on official
business; or
C. Route salespersons
or others having established customers making periodic deliveries
to such customers or making calls upon prospective customers to solicit
orders for periodic route deliveries, including but not limited to
news carriers.
D. Any person
or persons canvassing or soliciting for political, religious and philanthropic
purposes.
[Amended 10-21-1985 TM]
It shall be unlawful for any solicitor or canvasser, as defined in §
192-10 of this bylaw, to engage in such business within the Town of Lynnfield before the hour of 8:00 a.m. in the morning and (a) after the hour of 8:00 p.m. in the evening during the period when Eastern Standard Time is in effect, and (b) after 9:00 in the evening during the period when Daylight Savings Time is in effect.
As used in this article, the following terms shall have the
meanings indicated:
CANVASSER OR SOLICITOR
Any individual, whether resident of the Town of Lynnfield
or not, traveling either by foot, wagon, automobile, motor truck or
any other type of conveyance, from place to place, from house to house,
or from street to street, distributing sales information in any manner,
taking or attempting to take orders for sale of goods, wares and merchandise,
personal property of any nature whatsoever for future delivery, or
for services to be furnished or performed in the future or soliciting
information opinions for surveys or polls, whether or not such individual
has, carries or exposes for sale a sample of the subject of such sale
or whether he is collecting advance payments on such sales or not;
provided that such definition shall include any person who, for himself,
or for another person, firm, or corporation, hires, leases, uses,
or occupies any building, structure, tent, railroad box car, boat,
hotel room, lodging house, apartment, shop or any other place with
the Town for the sole purpose of exhibiting samples and taking orders
for future delivery. All census enumerators employed by the United
States of America, or the Commonwealth of Massachusetts, or the Town
of Lynnfield shall not be included in this definition of canvassers
and solicitors.
The Town Clerk shall issue to each licensee at the time of delivery
of his license a badge which shall contain the words "Licensed Solicitor,"
the period for which the license is issued and the number of the license,
in letters and figures easily discernible from a distance of 10 feet.
Such badge shall, during the time such licensee is engaged in soliciting,
be worn constantly by the licensee on the front of his outer garment
in such a way as to be conspicuous.
Solicitors and canvassers are required to exhibit their licenses
at the request of any citizen.
[Added 10-20-2014 ATM by Art. 16]
No person shall engage in solicitation or canvassing in or upon
any residential property upon which is displayed a sign prohibiting
trespassing or solicitation or canvassing.
It shall be the duty of any police officer of the Town of Lynnfield
to require any person seen soliciting or canvassing, and who is not
known by such officer to be duly licensed, to produce his solicitor's
or canvasser's license and to enforce the provisions of this bylaw
against any person found to be violating the same.
The Chief of Police shall report to the Town Clerk all convictions
for violation of this bylaw, and the Town Clerk shall maintain a record
for each license issued and record the reports of violation therein.
Any person aggrieved by the action of the Chief of Police or the Town Clerk in the denial of a permit or license as provided in §
192-12 of this bylaw or the action of the Selectmen in the assessing of the fee as provided in §
192-13C of this bylaw shall have the right of appeal to the Board of Selectmen. Such appeal shall be taken by filing with the Selectmen, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Selectmen shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in §
192-19 of this bylaw for notice of hearing on revocation. The decision and order of the Selectmen on such appeal shall be final and conclusive.
All annual licenses issued under the provisions of this bylaw
shall expire on December 31 in the year when issued. Other than annual
licenses shall expire on the date specified in the license.
[Added 10-20-2014 ATM by Art. 16]
A license issued under the provisions of this bylaw may be renewed
by the Chief of Police. An applicant requesting a renewal of a license
must apply in person for such license renewal, and provide such information
and pay such fees as is required to obtain an initial license.
Any person violating any of the provisions of this bylaw shall, upon conviction thereof, be punished in accordance with Chapter
58, Penalties and Enforcement.
The provisions of these regulations 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, but they shall remain in effect,
it being the legislative intent that this regulation shall stand notwithstanding
the invalidity of any part.
All ordinances or parts of regulations inconsistent with the
provisions of this bylaw shall be and the same are hereby repealed.
These regulations shall take effect from and after May 8, 1981.