No person shall engage as a solicitor or canvasser, as those terms are described in more detail in §
305-2, without obtaining a license from the Chief of Police in accordance with this chapter. The licensing requirements of this chapter are in addition to, and separate from, the registration requirements of Massachusetts General Laws, Chapter 101, Section 34, regarding the employment of minors in door-to-door solicitation activities.
CANVASSER
A canvasser is any individual who, whether for himself or
for another individual or business entity, travels from door to door,
house to house, street to street or building to building, and thereby
places, hangs, attaches or otherwise leaves flyers, printed solicitations,
menus, coupons or other commercial advertisements in, at or upon any
property, building, vehicle or mailbox.
SOLICITOR
A solicitor is any individual who, whether for himself or
for another individual or business entity, travels from door to door,
house to house, street to street or building to building, and thereby
solicits or takes orders or subscriptions for the future delivery
of retail goods, wares, publications or merchandise, or thereby solicits
or takes orders or subscriptions for the performance or provision
of services, or thereby solicits or takes orders or subscriptions
for the purchase of insurance or other non-tangible goods; provided,
that a solicitor does not include an individual who solicits or takes
orders for the wholesale delivery of goods, wares or merchandise to
retailers for resale; further provided, that whether an individual
carries, displays, demonstrates or sells samples of any goods, wares
or merchandise as part of the soliciting or taking of orders or subscriptions
for the same shall not preclude said individual from being considered
a solicitor; further provided, that an individual shall not be considered
a solicitor whenever said individual takes orders at a particular
residence or business in response to a specific advance request from
a potential customer to appear at the same.
Any residence or business that does not wish to be visited by
canvassers and solicitors may make a request to the Chief of Police
to be placed on the No Soliciting or Canvassing List. Each such request
shall be in writing on a form as provided by the Chief of Police.
Whenever the Chief of Police issues a license pursuant to this chapter,
he shall also provide the licensee with an up-to-date copy of this
List. The Chief of Police shall update this List on the first day
of each month. Each licensee shall be required to obtain a copy of
the updated List by the third day of each month. A residence or business
shall remain on the List until a removal request is made in writing
to the Chief of Police on a form as provided by the Chief of Police.
Upon expiration, suspension or revocation of any license to
solicit or canvass, the licensee shall return the same to the Chief
of Police.
Every violation of this chapter, including every violation of the terms, conditions and restrictions of any license issued pursuant to the same, shall result in a fine of $50; provided, that each day of a continuing violation shall be a separate violation; further provided, that each house, business, property, mailbox or vehicle that is solicited or canvassed in violation of this chapter, including in violation of the terms, conditions and restrictions of any license issued pursuant to the same shall, be a separate violation. Each such violation shall be enforced by the Town police officers, and shall be subject to the non-criminal disposition procedures as provided in Chapter
60, Article
I, of these General By-Laws and Massachusetts General Laws, Chapter 40, Section 21D.
The provisions of this chapter are severable. If any court of
competent jurisdiction determines that any such provision is in violation
of the laws, constitutions or regulations of the Commonwealth of Massachusetts
or the United States of America, the remaining provisions shall not
be affected thereby and shall continue in full force and effect.