[HISTORY: Adopted by the Town Meeting of
the Town of Old Saybrook 11-24-1980 by Ord. No. 2 of the 1980 Code; amended
in its entirety 9-19-1994. Subsequent amendments noted where applicable.]
No person, except as provided herein, shall
engage in solicitation within the Town of Old Saybrook without first
obtaining a registration certificate issued by the First Selectman.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes magazines, periodicals, books, and orders or contracts
for a service, or for home improvements or alterations.
Includes:
The vending of merchandise (including the selling,
causing to be sold, offering for sale, or taking orders for present
or future delivery of merchandise of any description whatever) by
going from door to door or upon the sidewalks, streets, and public
places of the Town.
The making of surveys for research purposes,
analyses, opinion polls, rating data and any similar work which involves
interviewing door to door or upon the sidewalks, streets, and public
places of the Town.
The soliciting or obtaining contributions for
any person or organization by going from door to door or upon the
sidewalks, streets, and public places of the Town.
The purpose of this chapter is to prevent fraud,
crime and unethical and dishonest business practices and for the general
protection, health, and welfare of the residents of the Town of Old
Saybrook.
A.
Each person who desires to obtain a registration certificate
in order to engage in solicitation within the Town of Old Saybrook
shall file with the First Selectman an application in writing which
shall provide the following information:
(1)
Name, age, and physical description of the applicant.
(2)
Complete permanent home and local address of the applicant.
(3)
The name and address of the organization or person
on whose behalf the activity is to be conducted.
(4)
Description of the nature of the business and the
goods, services or wares to be sold and that information necessary
in order to determine whether the business is engaged in interstate
or intrastate commerce.
(5)
The days, hours and routes on which the applicant
intends to conduct activity in the Town of Old Saybrook.
(6)
A statement as to whether or not the applicant has
been convicted of a crime, misdemeanor, disorderly conduct or public
disturbance offense, where and when so convicted, the nature of the
offense and the penalty, if any.
(7)
The make, model, year, color and license plate number
of automobiles used by the applicant during the period of solicitation
within the Town, and the number of his or her driver's license and
the state of issuance.
(8)
The First Selectman may require such other information
as it deems appropriate and may require photographs of the applicant
to be filed with the application and to appear on the registration
certificate.
(9)
As a matter of standard protocol all applications
and approved permits are forwarded to the Department of Police Services
for informational purposes.
B.
Fees for registration under this section shall accompany
the application and shall be calculated as follows:
[Amended 1-22-2014]
A separate registration must be made and a separate
registration fee must be paid for every person who seeks to engage
in solicitation in the Town of Old Saybrook.
The First Selectman shall issue or deny a registration
certificate not less than 24 hours but not more than 72 hours after
the submission of the application.
A.
The First Selectman shall deny a registration certificate
to any person who:
(1)
Has been convicted in a court of competent jurisdiction
of this state, the United States, or any other state of any offense
punishable by a sentence of one year or more, provided that a period
of 10 years has not passed from the date of conviction or the date
of release of the applicant from the confinement imposed from that
conviction, whichever is later.
(2)
Has been convicted in a court of competent jurisdiction
of this state, the United States, or any other state of any offense
involving disorderly conduct, creating a public disturbance, trespass,
burglary, sexual assault, larceny or fraud, provided that a period
of five years has not passed from the date of the conviction or the
date of the release of the applicant from the confinement imposed
from that conviction, whichever is later.
B.
The denial shall be in writing and contain a short
description of the reasons for denial.
Any applicant may appeal the denial of a registration
certificate by the First Selectman to the Board of Selectmen. Such
appeal shall be taken by filing a notice of appeal with the First
Selectman within one week of denial. The Board of Selectmen shall
consider the appeal at its first regular meeting scheduled not less
than three days following the filing of the appeal. The Board of Selectmen
may consider the appeal at any special meeting prior to such regular
meeting, provided that notice of such meeting is provided to the applicant.
At such meeting the applicant will have the opportunity to present
evidence in his or her own behalf. The Board of Selectmen shall have
the power to affirm, reverse or modify the First Selectman's decision.
The First Selectman shall be entitled to vote and to participate in
this proceeding.
Each registrant shall carry the registration
certificate at all times when engaging in solicitation and shall exhibit
it to any citizen or Town official, including any Town police officer,
upon request.
Every person to whom a registration certificate
is issued shall be governed by the following rules and regulations:
A.
Solicitation shall be limited to the hours between
9:00 a.m. and sunset. For the purposes of this regulation, sunset
on any particular day shall be deemed to be the time of sunset printed
in the Hartford Courant on that date. If the Hartford Courant does
not print the time of sunset for that date, sunset shall be deemed
to be the time printed in the Middletown Press; or, if no such time
is there printed, in the New Haven Register; or, if no such time is
there printed, 7:00 p.m.
B.
All solicitation will be conducted at the front or
main entrance of the dwelling.
C.
All circulars, samples, or other matter shall be handed
to an occupant of the property.
D.
No person engaged in solicitation shall enter any
dwelling unit without an express invitation from the occupant of that
unit.
E.
No person engaged in solicitation shall conduct himself
or herself in such a manner as to become objectionable to or annoy
any person while soliciting.
F.
The use of bells, horns, or any other device which
causes unnecessary noise is prohibited.
G.
Persons engaged in solicitation may not, without the
permission of the occupants of a premises, remain on any premises
longer than is ordinarily required to make a sale.
Any person, organization, society or association
of a charitable, religious, patriotic, philanthropic, or community
nature desiring to conduct or have conducted on its behalf solicitation
shall be exempt from the requirement of obtaining a registration certificate
under this chapter, so long as no merchandise, wares, or services
are offered as a part of such solicitation. Any person or entity seeking
such an exemption shall file with the First Selectman an application
in writing setting forth the following information:
The Board of Selectmen may, from time to time,
set out areas in the Town of Old Saybrook where, during public sponsored
events, all canvassers and solicitors, as defined by this chapter,
shall be prohibited. However, notwithstanding such designation of
a closed area by the Board of Selectmen, it may allow solicitation
within such closed areas by special application under the following
conditions:
A.
That such solicitation is done by or on behalf of
a charitable organization.
B.
That such solicitation within the closed area be done
at such place and in such manner so as not to be a public safety hazard,
create undue traffic congestion, and not to impede or obstruct the
public activities or spectators thereof.
Any person violating the terms of this chapter, whether as an individual, principal, agent or employee of another, shall be subject to a fine not to exceed $100. For purposes of this section, the continuation of an offense against the provisions of this chapter shall constitute a separate and distinct violation for each day the offense is continuing. In addition to said penalty, the First Selectman may, upon notice of any such violation, forthwith revoke any registration certificate. Such revocation may be appealed in the manner set forth in § 159-8 of this chapter.
[Added 4-4-2005]
Upon the request of the First Selectman, the
Old Saybrook Department of Police Services is hereby authorized to
secure from the State of Connecticut criminal history files of the
criminal history of any person applying for a peddling and soliciting
registration certificate under the provisions of this chapter.
