[HISTORY: Adopted by the Town Meeting of the Town of Sudbury 4-14-2004 by Art. 52 as Art. V, § 29,
of the General Bylaws. Amendments noted where applicable.]
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 for all persons
intending to engage in door-to-door canvassing or solicitation in
the Town of Sudbury in order to:
The following terms shall have the meanings set forth in MGL
c. 101, § 1 et seq., and are summarized for the purposes
of these regulations as follows:
Any person who travels from door to door within the Town
soliciting something for any corporate or noncorporate charitable,
political, or religious organization that enjoys federal or state
constitutional protections. This definition of door-to-door solicitation
does not require the actual selling of a product.
Any person who goes from place to place within the Town selling
goods for profit, whether on foot or in a vehicle, is a hawker or
peddler.
For purposes of these regulations, the persons being regulated
herein are those persons over the age of 16 who are engaging in the
activities regulated herein for or on behalf of for-profit organizations.
A "transient vendor" is a person who conducts a transient
business for profit. A transient business (temporary business) is
any exhibition and sale of goods, wares or merchandise which is carried
on in any structure (such as a building, tent, or booth) unless such
place is open for business during usual business hours for a period
of at least 12 consecutive months.
These regulations shall apply to all persons conducting the
foregoing activities within the Town.
Each person engaging in the foregoing activities shall be subject
to, responsible for and fully in compliance at all times with the
following requirements:
A.
Registration requirements.
(1)
Persons not registered (licensed) by the state shall make application
for a Town of Sudbury registration card to the Chief of Police, on
a form containing the following information: the applicant's name,
signature, home address; at least one form of photo identification
issued by a state or federal agency; the name, address, and phone
number of the owner or parties in whose interest the business is to
be conducted, and their business address; a brief description of the
business to be conducted within the Town; identification of vehicles
that will be utilized for this purpose; the applicant's social security
number; whether the applicant has ever been convicted of a felony
or any of the following misdemeanors: assault or assault and battery,
breaking and entering a building or ship with the intent to commit
a misdemeanor, any form of larceny or fraud, buying, receiving or
concealing stolen goods, deceptive advertising or violation of consumer
protection laws, making or publishing false statements, trespassing
on property after prohibition; and, if so convicted, the disposition;
and whether there are any outstanding criminal proceedings. The application
shall be made under oath and will be rejected unless complete. The
applicant shall be photographed and their fingerprints taken for the
purpose of identification. The Chief of Police shall approve the application
within five days of its filing unless they determine that the application
is incomplete, the applicant is a convicted felon, has been convicted
of any of the above-listed misdemeanors, or is a fugitive from justice.
If the application is approved, the Chief shall cause a registration
card to be issued within three business days. The registration card
shall be in the form of an identification card containing the name,
signature and photograph of the licensee. Such card shall be nontransferable
and valid only for the person identified therein and only for the
purpose as shown on the license. The card shall be valid for a period
of 30 days from the date of issuance (or, if the expiration date is
not a business day, the expiration date will be on the next business
day following). Any such registration card shall be void upon its
surrender or revocation, or upon the filing of a report of loss or
theft with the Police Department. If the application is denied, the
applicant may within 10 days appeal to the Select Board.
[Amended 10-23-2023 STM
by Art. 2]
(2)
Persons registered (licensed) by the state shall not be subject to
the foregoing subsection, but shall report to the Chief prior to conducting
their business within the Town and shall provide the Chief of Police
with a copy of their state registration or license.
(3)
Registration card or license to be carried on the person of licensee.
Such state or local registration card or license shall be carried
on the person of licensee while the business activity is being conducted
and shall be provided to any police officer upon request or command.
In the case of a transient business, the license shall be displayed
visibly within the structure where such business is being conducted.
Such registration card or license, if issued locally, shall be the
property of the Town of Sudbury and shall be surrendered to the Chief
of Police upon its expiration.
(4)
Registration card (license) fee. The filing of a state license as
required shall not be subject to a fee; the fee for a local registration
card (license) shall be $25.
B.
Restrictions on activity. No activity governed by these regulations
shall be conducted upon public or private premises which have been
duly posted "no solicitation" or words of similar meaning, or when
the owners of said property have registered with the Police Department
and requested to be placed on a "No Soliciting" list. The residents
on this list have contacted the Sudbury Police Department to record
the fact that there is to be no soliciting on their property. It is
the responsibility of each solicitation group to provide a current
copy of this list to each member to their group to be carried on their
person while the business activity is being conducted. Violation of
the "No Soliciting" list is cause for penalty to solicitors up to
and including arrest for trespassing after notice.
C.
Duties of solicitors. Immediately upon entering any premises, the
solicitor or canvasser must present their registration card for inspection
by the occupant, request that they read the registration card and
inform the occupant in clear language the nature and purposes of their
business and, if they are representing an organization, the name and
nature of that organization. Any solicitor or canvasser who has entered
any premises shall immediately and peacefully depart from the premises
when requested to do so by the occupant. It shall be the duty of every
organization employing solicitors or canvassers to notify the Police
Department daily as to the area(s) of Town in which they will be operating.
Any person or organization who violates any provision of this
bylaw shall be subject to a fine of $50 for the first offense and
$100 for each subsequent offense within any one twelve-month period,
each subsequent offense constituting a separate offense. Any person
or organization who knowingly provides false information on the registration
application shall have their registration revoked by the Chief of
Police by written notice delivered to the holder of the registration
in person, or sent to the holder by certified mail at the address
set forth in the application.
Any person or organization who is denied registration or whose
registration has been revoked may appeal by filing a written notice
of appeal with the Select Board. Such appeal must be filed within
10 days after receipt of the notice of denial or revocation. The Select
Board shall hear and determine the appeal within 30 days after the
filing of the written notice of appeal.
These regulations shall not apply to any person(s) conducting
a temporary sale of items upon their property, commonly known as a
"garage sale" or "yard sale," or to organizations engaged in the foregoing
activities for or on behalf of any corporate or noncorporate charitable,
political, or religious organization that enjoys federal or state
constitutional protections.
Invalidity of any individual provisions of this bylaw shall
not affect the validity of the bylaw as a whole.
