It is the purpose of this article to regulate persons or organizations
engaged in door-to-door soliciting in the City of Gardner through
the issuance and imposition of other limitations on such conduct for
the purpose of protecting the City'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 "door-to-door solicitor" or "solicitor," as used herein, is
defined as any individual, whether a resident of the City of Gardner
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 or
utilities to be furnished or performed immediately or in the future
on behalf of themselves or another person or business and whether
or not he or she collects advance payments on such sales.
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
qualified 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 article must carry the registration
card while soliciting or peddling and present the card to any police
officer or person solicited upon request.
A properly licensed solicitor shall check in with the Gardner
Police Department on each day during which he or she seeks to solicit
to provide the geographic area of the City in which the solicitation
will take place. On such days, the solicitor may only solicit between
the following hours:
A. Monday through Friday: 9:00 a.m. through 7:00 p.m.
B. Saturday, Sunday and holidays: 10:00 a.m. through 6:00 p.m.
The Chief of Police shall maintain all pertinent records of
licenses issued and violations recorded.
All licenses for soliciting in the City 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license has been revoked may appeal by filing a written notice of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 City of Gardner Police Chief or his or her designee.
Such appeal must be filed within five days after receipt of the notice
or denial or revocation. Within five business days, the Chief or his
or her designee shall hear the appeal; provided, however, that if
the Chief or his or her designee 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 article are declared to be severable,
and if any section, sentence, clause or phrase of this article 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 article and they shall remain in effect,
it being the legislative intent that this article shall stand, notwithstanding
the invalidity of any part.