[Ord. No. 94-2, § 1, 5-2-1994]
The purpose of this article is to protect the residents of the
Town from fraudulent, unlawful, misleading or overpersistent solicitation,
sales, canvassing, hawking, peddling, or vending; to regulate such
activities to protect the public health, safety, and welfare; and
to regulate the hours during which such activities may be conducted.
[Ord. No. 94-2, § 2, 5-2-1994]
It shall be unlawful for any person, unless specifically permitted
by statute, to engage in the commercial solicitation, canvassing,
selling, hawking, peddling, vending from house to house or upon the
streets of the Town without first obtaining a certificate of registration
(permit) from the Chief of Police. For the purpose of this article,
the term "commercial" shall be defined to include all activity where
goods, products, services, materials or other items are sold, whether
immediately or in the future by order, for a sum of money.
[Ord. No. 94-2, § 3, 5-2-1994]
Application by an individual for certificate of registration
must be in writing and filed with the Chief of Police. Identification
shall be shown. Applications shall be signed by the applicant and
contain the following:
(1)
Name of applicant.
(2)
A physical description of the applicant, including sex, age, height,
weight, physical build, color of hair and eyes, and identifying scars,
marks and characteristics, if any.
(3)
Permanent home street address and local street address of applicant.
(4)
The length of time for which the certificate is desired.
(5)
A brief description of the activities to be conducted including the
nature, quality, and character of the goods or services to be offered
for sale or delivery, their invoice value, and whether they are to
be sold by sample as well as from stock.
(6)
A list of any violations against this solicitation, hawking and peddling
ordinance within five years prior to date of application.
(7)
A list of any felony convictions against the applicant within five
years previous to the date of application.
[Ord. No. 94-2, § 4, 5-2-1994]
An organization, association, corporation or group may make
one application for a certificate of registration for its members,
employees, agents or servants. Said application must be in writing
and filed with the Chief of Police and must be signed by an officer,
member, agent or employee of the organization, association, corporation
or group, and shall contain the following:
(1)
The name and address of the person filling out said application.
(2)
The name of the individual having management authority or supervision
of the applicant's business during the time it is proposed to
be carried on in the Town.
(3)
The name and address of the organization, association, corporation
or group making said application.
(4)
The name and address of all persons to participate in commercial
soliciting, canvassing, selling, hawking, peddling or vending.
(5)
A brief description of the activities to be conducted, including
the nature, quality, and character of the goods or services to be
offered for sale or delivery, their invoice value, and whether they
are to be sold by sample as well as from stock.
(6)
A list of any violations against this article within the past five
years committed by the organization on behalf of whom the applicant
seeks to solicit.
(7)
A list of any felony convictions within the past five years against
anyone chosen to solicit on behalf of the organization.
[Ord. No. 94-2, § 5, 5-2-1994]
An application for a certificate may be denied or a certificate
may be revoked for the following reasons:
(1)
Fraud, misrepresentation, or false statements contained in the application
or previous applications for a certificate.
(2)
Fraud, misrepresentation, or false statements made in the course
of the activities conducted under the certificate.
(3)
Conducting door-to-door activities in an unlawful manner as to constitute
a breach of the peace or to constitute a menace to the health, safety
or general welfare of the public.
(4)
Any violation of this article.
(5)
The applicant has been convicted of a felony within five years previous
to the date of applications.
[Ord. No. 94-2, § 6, 5-2-1994]
(a)
Denial of an application for a certificate or revocation of a certificate
shall be done only after a hearing by the Chief of Police or such
officer's specially designated alternate, with notice or reasonable
effort to notify the applicant for the certificate or holder of the
certificate of the hearing. The decision of the Chief of Police or
such specially designated alternate may be appealed to the Town Manager.
(b)
A decision of the Town Manager shall be rendered within 48 hours
of receipt of the appeal. The Town Manager's decision may be
immediately appealed to the Superior Court for a de novo review.
[Ord. No. 94-2, § 7, 5-2-1994]
(a)
Requirement of successful applicant:
(1)
Upon receipt of notice of approval of the application, the applicant
shall file with the Chief of Police an instrument appointing the Chief
of Police as applicant's true and lawful agent with full power
and authority to acknowledge service of process for and on behalf
of applicant in respect to any matter arising under this article.
(2)
Forms for the required statement are available at the office
of the Chief of Police. Such form or instrument shall contain recitals
to the effect that said applicant consents and agrees that service
of any notice or process may be made upon such agent, and when so
made it shall be taken and held to be as valid as if personally served
upon the applicant, according to the law of this or any other state,
and waiving all claim or right of error by reason of such acknowledgment.
(b)
Duty of Chief of Police. Immediately upon service of any process
upon the Chief of Police under this article, the Chief of Police shall
send, by registered or certified mail, a copy of said process to the
licensee at licensee's last known address.
[Ord. No. 94-2, § 8, 5-2-1994]
Certificates shall be issued for a period of time as requested
in the application up to a maximum period of one year.
[Ord. No. 94-2, § 9, 5-2-1994]
No religious, political, charitable, or nonprofit group holding
a Section 501(c) Internal Revenue Code exempt status shall be
required to obtain a certificate of registration before engaging in
noncommercial door to door solicitation but shall obey any sign posted
against all solicitors pursuant to this article. Such certification
shall not be required of girls and boys under the age of 16 years,
who take orders for and deliver newspapers, candy, greeting cards
and similar items, or who represent Girl Scouts or Boy Scouts, Little
League or similar organizations, and who take orders for and deliver
cookies and the like. However, all said persons shall respect any
"no solicitation" signs posted.
[Ord. No. 94-2, § 10, 5-2-1994]
Except as provided hereafter, each individual and each group
shall pay a registration fee plus an additional registration fee per
each person in excess of 10 to whom a badge must be issued when the
number of persons to participate in the group's activities exceed
10, such fee to be established by the Town Council and published in
the official price guide. However, no registration fee shall be required
of any individual or group who sells by sample, or solicits orders
for merchandise, wares or goods to be shipped from outside the state
directly to the buyers; nor shall a registration fee be required of
a Connecticut veteran who qualifies for exemption under Section 21-30
of the General Statutes; nor shall a registration fee be required
of any other individual or group where the effect to the imposition
of such fee would be to unconstitutionally interfere with interstate
commerce in violation of the federal constitution, or would be to
violate any other provision of the federal or state constitutions.
[Ord. No. 94-2, § 11, 5-2-1994]
The Chief of Police shall issue to every person certified to
conduct door-to-door activities, whether certified under an individual
or group certificate, a certification number and a badge which shall
state "Registered Solicitor" and shall state the period for which
the certificate issued and the certificate number assigned to the
person.
[Ord. No. 94-2, § 12, 5-2-1994]
Each person certified to conduct door-to-door activities shall
present such person's badge to the occupant of every residence
visited in connection with the door-to-door activities.
[Ord. No. 94-2, § 13, 5-2-1994]
(a)
No person shall solicit, canvas, sell, hawk, peddle or vend from
house-to-house within the Town except between the hours of 9:00 a.m.
and 9:00 p.m. unless expressly requested to do so by the resident.
(b)
No person shall hawk, peddle or vend goods, wares or merchandise
upon the public streets and highways of the Town except between the
hours of 6:00 a.m. and 9:00 p.m. unless specifically authorized to
do so by statute or ordinance.
[Ord. No. 94-2, § 14, 5-2-1994]
The Chief of Police shall issue to every person certified to
conduct hawking, peddling or vending on the public streets and highways,
whether certified under an individual or group certificate, a certification
number and a license which shall be in such form as said Chief of
Police shall prescribe and which by its terms shall permit the hawking,
peddling and vending of goods, wares or merchandise upon the public
streets and highways within the Town between the hours of 6:00 a.m.
and 9:00 p.m.
[Ord. No. 94-2, § 15, 5-2-1994]
Each person certified to conduct hawking, peddling or vending
on the public streets and highways shall display such person's
license as required by the Chief of Police and shall otherwise present
it to persons upon request.
[Ord. No. 94-2, § 16, 5-2-1994]
No person shall transfer to another a badge or license issued
to such person pursuant to this article and no person shall wear or
show a badge or license issued to another pursuant to this article.
[Ord. No. 94-2, § 17, 5-2-1994]
(a)
The occupant or occupants of each residence in the Town may determine
whether solicitors shall or shall not be invited to their respective
residences.
(b)
Notice of an occupant's giving invitation to solicitors, or
refusal to give such invitation, to any residence, shall be given
by notice posted at the main entry door to the premises in the following
manner:
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or
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The letters shall be easily visible to anyone seeking entry
to the residence. Posting of this card shall constitute sufficient
notice to any solicitor, hawker, peddler or canvasser of the determination
by the occupant of the residence of the information contained on it.
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(c)
Each solicitor shall have the duty, upon going onto any premises
in the Town on which a residence is located, to examine and look for
the notice provided herein, if any is posted, and to be governed by
the statements contained on the notice. If the notice states "No Commercial
Solicitors Invited," then any commercial solicitor shall immediately
and peacefully depart from the premises; if the notice states "No
Solicitors Invited," then any solicitor, whether registered or exempt
from registration, shall immediately and peacefully depart from the
premises. No commercial solicitor as herein defined shall solicit
without a permit.
(d)
Any solicitor, whether invited or not, who has gained entrance to
any residence shall immediately and peacefully depart from the premises
when requested to do so by an occupant therein.
(e)
It shall be unlawful and shall constitute a nuisance for any person
to go upon any premises and ring a door bell upon or near any door
or create any sound in any other manner calculated to attract the
attention of an occupant within a residence, for the purpose of gaining
an audience with that occupant and engaging in soliciting, hawking,
peddling or canvassing as defined in this article, in defiance of
the notice exhibited at the residence entry in accordance with this
article.
(f)
For the purpose of this section, the term "solicitor" shall include
hawkers, peddlers, vendors, canvassers, and solicitors and any sign
so posted shall be notice to all such persons.
[Ord. No. 94-2, § 18, 5-2-1994]
Any person, firm or corporation violating any of the provisions
of this article shall, upon conviction thereof, be subject to a fine
of not less than $10 and not more than $50 and revocation of both
its certificate of registration and all badges issued. Each offense
shall constitute a separate violation of this article.
