[Adopted 6-28-1977 (Ch. 12, Art. IV. Div.
1, of the 1985 Code of Ordinances)]
As used in this article, the following term(s)
shall have the meaning(s) indicated:
Shall include persons, partnerships, associations or corporations
that conduct any business by means of door-to-door solicitation.
No person shall sell or attempt to sell his
products or services by means of door-to-door solicitation, or employ
or permit any other person to do so in the Town, before first being
issued a permit therefor from the Chief of Police; provided, however,
that the Chief of Police shall not issue any such permit to any person
who has a record of conviction of a felony or of a crime involving
moral turpitude, and provided, further, that any permit issued under
this section shall not be effective until 48 hours after the date
of issuance.
[Added 12-20-1994; amended 12-5-2023 by Ord. No. 2023-12]
A.
Required. To ensure the public health, safety, and welfare, no person
shall canvass or solicit or call from house to house in the Town of
Smithfield to sell or attempt to sell goods, merchandise, wares, or
any personal property of any nature whatsoever, or take or attempt
to take orders for services to be furnished or performed in the future,
without first having received a written temporary or permanent permit
therefor from the Town Clerk.
B.
Application; contents.
(1)
Any person desiring a permit to canvass or solicit in the Town shall
file, on a form to be supplied by the Town Clerk, an application with
the Town Clerk stating:
(a)
Name of applicant;
(b)
Permanent home address;
(c)
Name and address of employer or firm represented;
(d)
Place or places or residence of the applicant for the preceding
three years.
(e)
Date on which he/she desires to commence canvassing or soliciting;
(f)
Nature of merchandise to be sold or offered for sale or the
nature of the services to be furnished.
(g)
Whether or not the applicant has ever been convicted of a crime,
misdemeanor or violation of any ordinance and if so, when, where,
and the nature of the offense;
(h)
Names of other communities in Rhode Island in which the applicant
has worked as a solicitor or canvasser in the past two years;
(i)
A copy of a recent photo identification. If no such identification
is available, the applicant must submit to the taking of a photo identification
picture, for purposes of identification only, by the Town of Smithfield
Chief of Police.
(2)
Said application shall also be accompanied by a letter or other written
statement from the individual, firm or corporation employing the applicant,
certifying that the applicant is authorized to act as the employer's
representative.
(3)
No such application shall be filed more than three months prior to
the time such canvassing or soliciting shall commence.
C.
Investigation; issuance of permit. Once an applicant has provided the necessary information to the Town Clerk, he/she will receive a temporary solicitation permit and is free to solicit in accordance with the laws of this section. The Town Clerk shall give a copy of the application to the Chief of Police who shall cause such investigation to be made of the information contained therein for the public good. He shall use any information available in other Rhode Island cities or towns where the applicant has canvassed or solicited within two years last past. If the applicant is found to have solicited over the past two years without criminal incident and has confirmed authority to solicit for a legitimate cause, the Town Clerk will then issue a permanent solicitation permit for a period of two years. Upon expiration of the permanent solicitation permit, the applicant must reapply in accordance with Subsection B of this section.
D.
Time limitation. To prevent crime and ensure the peacefulness of
the citizens of Smithfield's homes, no person shall engage in
door-to-door solicitations before the hour of 9:00 a.m. to no later
than 6:00 p.m. from April 1 to September 30 and 5:00 p.m. from October
1 to March 31.
E.
Penalty. Any person, firm or corporation violating any provision
of this section shall, upon conviction thereof, be fined in an amount
not exceeding $150. Each day said violation is permitted or is permitted
to continue, shall constitute a separate offense and shall be subject
to a penalty hereunder.
