[HISTORY: Adopted by the Town Meeting of the Town of North
Andover as indicated in article histories. Amendments noted where
applicable.]
No person shall go through the streets or ways of the Town as
a hawker or peddler, selling or exposing for sale fruits or vegetables,
without first obtaining a written license from the Selectmen of the
Town; provided that this article shall not apply to a person engaged
in the pursuit of agriculture who peddles fruits or vegetables.
No person, during any parade, festival, concert, sporting event
or other public event, shall use, sell, or distribute on any street,
sidewalk, or public way of the Town or upon any property owned by
the Town, a product known as "silly string" or any similar product
sold or used for amusement that ejects a soft rubbery substance; any
aerosol can that ejects paint, shaving cream, foam or makes loud noises
or any explosive device.
Any hawkers or peddlers selling goods, wares, and merchandise
in conjunction with or in the vicinity of any parade, including, without
limitation, the Fourth of July Parade, in the Town of North Andover
shall be subject to the following restrictions:
A.
Hawkers and peddlers shall at all times remain a distance of at least
30 from the center line of the street or roadway of the parade route.
B.
No explosive devices such as hand-thrown caps or similar products
capable of making explosive noises shall be sold.
C.
All hawkers and peddlers shall display their license number in a
conspicuous manner at all times.
D.
All hawkers and peddlers shall make any goods, wares or merchandise,
which they offer or intend to offer for sale, available for inspection
by the Police or Fire Chief or their designees.
The enforcement agent for the purpose of this bylaw shall be
the Chief of Police or his designees.
Any person or organization violating any of the provisions of this bylaw shall be subject to a fine of $300, and each day a violation occurs shall be considered a separate offense. This penalty may be enforced under the provisions of the noncriminal provisions contained in Chapter 1, Article II, of the Town's General Bylaws.
This bylaw, adopted pursuant to MGL c. 43B, § 13 and
Article 89 of the Amendments to the Constitution of the Commonwealth
of Massachusetts, establishes registration requirements and specific
operation requirements for all persons intending to engage in door-to-door
canvassing or solicitation in the Town of North Andover in order to:
A.
Protect its citizenry from disruption of the peaceful enjoyment of
their residences and from the perpetration of fraud or other crimes;
and
B.
Allow for reasonable access to residents in their homes by persons
or organizations who or which wish to communicate either commercial
or noncommercial messages.
As used in this bylaw, the following terms shall have the meanings
indicated:
Any person who has obtained a valid certificate of registration
from the Town, as required under this bylaw.
Includes every individual dwelling unit occupied for residential
purposes by one or more persons.
Any person who, for himself or for another person, firm or
corporation, travels by foot, automobile or other type of conveyance
from place to place, from house to house, or from street to street,
taking or attempting to lease or take orders for retail sale of goods,
wares, merchandise, or services, including, without limitation, the
selling, distributing, exposing for sale or soliciting orders for
magazines, books, periodicals or other articles of a commercial nature,
the contracting of all home improvements, or for service to be performed
in the future, whether or not such individual has, carries or exposes
for retail sale a sample of the subject of such sale or whether he/she
is collecting advance payment on such retail sales.
The provisions of this bylaw shall not apply to any person duly
licensed under MGL c. 101, or to any person exempted under MGL c.
101, MGL c. 149, § 69, MGL c. 180, § 4, or to
any person exempted by any other General Law, or officers or employees
of the Town, county, state or federal government when on official
business or route salesmen or other persons having established customers
to whom they make periodic deliveries to such customers or from making
calls upon prospective customers to solicit an order for future periodic
route deliveries, including news carriers. This bylaw shall not prevent
persons from engaging in the pursuit of soliciting for charitable,
benevolent, fraternal, religious or political activities.
A.
Every person or organization intending to engage in soliciting or
canvassing door-to-door in the Town of North Andover must register
with the Police Department at least seven days in advance by filing
a registration application form with the Chief of Police. Such form
will be signed under the penalties of perjury and contain the following
information:
(1)
Name of applicant.
(2)
Address of applicant: business, local and home addresses.
(3)
Telephone number of applicant: business and home numbers.
(4)
Applicant's social security number.
(5)
The length of time for which the right to do business is desired.
No registration will be granted for a period longer than 90 days.
(6)
A brief description of the nature of the business and the goods to
be sold.
(7)
The name, home office address and telephone number of the applicant's
employer. If self-employed, the form shall so state.
(8)
A photograph of the applicant, which shall be provided by the applicant
and be two inches by two inches, and will show the head and shoulders
of the applicant in a clear and distinguishing manner. This provision
may be waived by the Chief of Police for local nonprofit organizations.
(9)
If operating or being transported by a motor vehicle(s), the year,
make, model, vehicle identification number, registration number, state
of registration and the vehicle's owner and address, for each vehicle,
will be provided.
(10)
The names of the three most recent communities (if any) in which
the applicant has solicited or canvassed door-to-door.
B.
In addition, a list of names, addresses, dates of birth, and social
security numbers of all individuals who will be employed in canvassing
or solicitation and those supervising such individuals as a roster
of local nonprofit canvassers or solicitors will be attached to the
application. The Chief of Police may refuse to register an organization
or individual whose registration has been revoked for violation of
this bylaw within the previous two-year period.
A.
Each applicant for registration or re-registration shall pay a nonrefundable
fee to the Town at the time of application. The registration fee shall
be established by the Board of Selectmen. A registration fee must
be paid for each person who will be engaged in soliciting or canvassing
or the supervision of canvassing or soliciting. The fee may be waived
at the discretion of the Chief of Police for a nonprofit organization
with proof of nonprofit status.
B.
Until a new fee is established by the Board of Selectmen, the Town
shall continue to charge the same fees that were in effect immediately
prior to the effective date of this bylaw.
Upon receipt of the application, the Chief of Police shall investigate
the applicant's background and reputation. Within seven days of the
filing of the application, the Chief shall endorse on such application
his approval or disapproval.
A.
The Chief of Police shall furnish each person engaged in solicitation
or canvassing with a registration card which will contain the following
information:
(1)
Name of person.
(2)
Recent two-inch-by-two-inch photograph supplied by the individual
to be registered.
(3)
Name of organization that the person represents.
(4)
A statement that the individual has been registered with the Police
Department but that registration is not an endorsement of any individual
or organization.
(5)
Specific dates or period of time covered by the registration.
B.
This fee may be waived at the discretion of the Chief of Police for
nonprofit organizations with proof of nonprofit standing.
Every occupant of a residence desiring to secure additional
protection, as provided by this bylaw, shall comply with the following
requirements:
A.
A weatherproof card, approximately three inches by five inches in
size, shall be exhibited upon or near the main entrance door to the
residence or at the beginning of the driveway indicating the determination
by the occupant as to whether solicitors or canvassers are invited
to the residence by the following applicable words:
|
"No Solicitors or Canvassers Invited"
|
|
No Solicitors or Canvassers Invited Before the Hour of __________
a.m. or After the Hour of __________ p.m."
|
B.
Further, it shall be unlawful for any canvasser or solicitor to enter
the premises of a resident or business who has displayed a "No Trespassing"
or No Soliciting" sign or poster.
A.
It shall be the duty of every solicitor or canvasser, upon going onto any residential premises in the Town of North Andover, to first examine the notice provided for in § 145-13 of this bylaw, if any is exhibited. If the notice states "No Solicitors or Canvassers Invited," then the solicitor or canvasser shall immediately and peacefully depart from the premises. If the notice limits the hours of the solicitation, the solicitor or canvasser shall comply with the limits noted.
B.
Person engaged in solicitation or canvassing, including supervisors,
must carry the registration card at all times and present the card
to any person solicited or upon request of a police officer.
C.
Immediately upon gaining entrance to any residence, each solicitor
canvasser must do the following:
D.
Any solicitor or canvasser 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.
E.
It shall be the duty of every organization employing solicitors or
canvassers to notify the Police Department daily as to what area(s)
of the Town they will be operating in.
A.
No solicitor or canvasser, licensed or exempted from licenses, may
misrepresent, in any manner, the buyer's right to cancel as stipulated
by MGL c. 93, c. 93A and c. 255D.
B.
No solicitor or canvasser, licensed or exempted from license, may
use any plan, scheme or ruse which misrepresents the true status or
mission of the person making the call in order to gain admission to
a prospective buyer's home, office or other establishment with the
purpose of making a sale of consumer goods or services.
C.
No solicitor or canvasser, licensed or exempted from license, shall
falsely represent, directly or by implication, that the solicitation
or canvassing is being done on behalf of a governmental organization.
D.
No solicitor or canvasser, licensed or exempted from license, shall
solicit or canvass at any residence, without express prior permission
of an occupant, before 8:00 a.m. or after 8:30 p.m. where there is
not a sign posted otherwise limiting solicitation or the hours of
solicitation.
E.
No solicitor or canvasser, licensed or exempted from license, shall go upon any residential premises and ring the doorbell or rap or knock upon the door of the residence or create any sound in any manner calculated to attract the attention of the occupant of such residence for the purpose of solicitation or canvassing in defiance of the notice exhibited at the residence in accordance with § 145-14.
The Chief of Police is hereby vested with jurisdiction over
the revoking of a registered solicitor for any violation of the provisions
contained within this bylaw or who knowingly provides false information
on the registration application. Any person aggrieved by such revocation
may appeal to the Town Manager within seven business days in writing,
and a hearing will be scheduled within five business days.
Invalidity of any individual provision of this bylaw shall not
affect the validity of the bylaw as a whole.
Any fines established by this bylaw may be changed, from time
to time, by an action of the Board of Selectmen.
