[HISTORY: Adopted by the Town of Greenfield (now City Council of the City of Greenfield) as amended 8-17-2011 by Order No. FY 12-002 (Ch. 124 of the 2002 Bylaws). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Junk dealers and collectors — See Ch. 282.
Noise — See Ch. 311.
Streets, sidewalks and public places — See Ch. 385.
As used in this chapter, the following terms shall have the meanings indicated:
REGISTERED SOLICITOR
Includes any person who has obtained a valid certificate of registration as hereinafter provided, which certificate is in the possession of the solicitor on his or her person while engaged in soliciting.
RESIDENCE
Includes every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.
SOLICITING
Includes any one or more of the following activities:
[Amended 10-19-2022 by Order No. FY 23-038]
A. 
Seeking to sell or offering to sell by sample, list, catalog or otherwise for future delivery, or seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services of any kind, character or description whatever, for any kind of consideration whatever; or
B. 
Seeking to obtain prospective customers for application or purchase of insurance of any type, kind, or publication.
[Amended 10-19-2022 by Order No. FY 23-038]
Every person desiring to engage in soliciting as herein defined from persons in residences within this City is hereby required to make written application for a certificate of registration as hereinafter provided. Such certificate shall be carried by the solicitor.
A. 
Application for a certificate of registration shall be made upon a form provided by the City of Greenfield. The applicant shall truthfully state in full the information requested on the application, including:
[Amended 10-19-2022 by Order No. FY 23-038]
(1) 
Name and address of present place of residence of the applicant and business address.
(2) 
Name and address of the person, firm or corporation or association whom the applicant is employed by or represents.
(3) 
Purpose of solicitation.
(4) 
Description sufficient for identification of the subject matter of the soliciting in which the applicant will engage.
(5) 
Period of time for which the certificate is applied; in any event not to exceed the end of the calendar year, said time period to be at the discretion of the Board of License Commissioners.
(6) 
Date, or approximate date, of latest previous application for certificate under this chapter, if any.
(7) 
Has a certificate of registration issued to the applicant under this chapter ever been revoked?
(8) 
Has the applicant ever been convicted of a violation of a felony under the laws of the state or any other state or federal law of the United States?
(9) 
Names of magazines, journals, or books.
(10) 
Proposed method of operation.
(11) 
Signature of the applicant.
B. 
All statements made by the applicant upon the application or in connection therewith shall be made under the penalties of perjury.
C. 
No certificate of registration shall be issued to any person who has been convicted of the commission of a sexual crime where they must register as a sex offender, a violent felony or a felony involving financial crime such as embezzlement, fraud, identity theft, or similar, under the laws of the commonwealth or any other state or federal law of the United States, nor to any person who has been convicted of a violation of any provisions of this chapter, nor to any person whose certificate of registration issued hereunder has previously been revoked as herein provided.
[Amended 10-19-2022 by Order No. FY 23-038]
D. 
All applications for a certificate of registration shall be made at least 21 days before the desired date of initial soliciting.
E. 
The Police Department shall review the background of the applicant, using Subsection C as a guide. If the Police Department approves the application they shall then forward the application to the Board of License Commissioners for their review and approval. The Police Department shall keep a permanent record of all applicants and issuance of certificates of registration for soliciting.
[Amended 10-19-2022 by Order No. FY 23-038]
A. 
Any certificate of registration issued hereunder shall be revoked by the Police Department if the holder of the certificate is convicted of a violation of any of the provisions of this chapter or has made a false material statement in the application, or otherwise becomes disqualified for the issuance of a certificate of registration under the terms of this chapter. Immediately upon such revocation, written notice thereof shall be given by the Police Department to the holder of the certificate in person or by certified mail addressed to his or her residence as set forth in the application.
[Amended 10-19-2022 by Order No. FY 23-038]
B. 
Immediately upon the giving of such notice, the certificate of registration shall become null and void.
C. 
The certificate of registration shall state the expiration date thereof.
A. 
Every person desiring to secure the protection provided by the regulations pertaining to soliciting contained in this chapter may comply with the following directions:
(1) 
Notice of the determination of the occupant of the refusal of invitation to solicitors, to any resident, may be given in the manner following: A weatherproof card or sign, approximately three inches by four inches in size, shall be exhibited upon or near the main entrance door to the residence, indicating the determination by the occupant, containing the applicable words as follows: NO SOLICITORS INVITED.
(2) 
The letters shall be at least one inch in height.
B. 
A card or sign so exhibited shall constitute sufficient notice to any solicitor of the determination by the occupant of the residence of the information contained thereon.
A. 
It shall be the duty of every solicitor, upon going onto any premises in the municipality upon which a residence as herein defined is located, to first examine the notice provided for in this chapter, if any is attached, and to be governed by the statement contained on any notice.
B. 
Upon reading the sign, the solicitor shall immediately and peacefully depart. Any solicitor who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.
It is hereby declared to be unlawful for any person to go upon any premises and ring the doorbell upon or near any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engaging in soliciting as herein defined, in defiance of the notice exhibited at the residence in accordance with the provisions of § 337-5 of this chapter.
[Amended 10-19-2022 by Order No. FY 23-038]
Upon approval by the Police Department and the Board of License Commissioners of the application for a certificate of registration, the applicant shall pay the City a fee in the amount determined by the Police Department and the Board of License Commissioners. In the event that any organization or group shall have more than one solicitor, the fee shall be per solicitor.
It is hereby declared to be unlawful for any person, whether registered under this chapter or not, to go upon any premises and ring the doorbell upon or near any door of a residence located thereon, or rap or knock to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof, and engage in soliciting as herein defined, prior to 9:00 a.m. or after dusk of any weekday, or at any time on a Sunday or on a state or national holiday.
[Amended 10-19-2022 by Order No. FY 23-038]
The City shall provide each solicitor with a badge-size permit for solicitation, which must be displayed conspicuously on the outer garment of the solicitor unless the Board of License Commissioners otherwise waives this requirement.
[Amended 10-19-2022 by Order No. FY 23-038]
Any person who violates this chapter or the conditions of his/her permit may be arrested without a warrant in the place where the offense is committed pursuant to MGL c. 272, § 59. The penalty for such a violation of this chapter shall be a fine not to exceed $200, which may be recovered upon complaint before the District Court and shall inure to the City, all in accord with MGL c. 40, § 21.