[HISTORY: Adopted by the Town of Greenfield (now City Council
of the City of Greenfield) as amended 8-17-2011 by Order No. FY 12-002 (Ch. 124 of the
2002 Bylaws). Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any person who has obtained a valid certificate
of registration as hereinafter provided, which certificate is in the
possession of the solicitor on his or her person while engaged in
soliciting.
Includes every separate living unit occupied for residential
purposes by one or more persons, contained within any type of building
or structure.
Includes any one or more of the following activities:
[Amended 10-19-2022 by Order No. FY 23-038]
Seeking to sell or offering to sell by sample, list, catalog
or otherwise for future delivery, or seeking to obtain orders for
the purchase of goods, wares, merchandise, foodstuffs, services of
any kind, character or description whatever, for any kind of consideration
whatever; or
Seeking to obtain prospective customers for application or purchase
of insurance of any type, kind, or publication.
[Amended 10-19-2022 by Order No. FY 23-038]
Every person desiring to engage in soliciting as herein defined
from persons in residences within this City is hereby required to
make written application for a certificate of registration as hereinafter
provided. Such certificate shall be carried by the solicitor.
A.
Application for a certificate of registration shall be made upon
a form provided by the City of Greenfield. The applicant shall truthfully
state in full the information requested on the application, including:
[Amended 10-19-2022 by Order No. FY 23-038]
(1)
Name and address of present place of residence of the applicant and
business address.
(2)
Name and address of the person, firm or corporation or association
whom the applicant is employed by or represents.
(3)
Purpose of solicitation.
(4)
Description sufficient for identification of the subject matter of
the soliciting in which the applicant will engage.
(5)
Period of time for which the certificate is applied; in any event
not to exceed the end of the calendar year, said time period to be
at the discretion of the Board of License Commissioners.
(6)
Date, or approximate date, of latest previous application for certificate
under this chapter, if any.
(7)
Has a certificate of registration issued to the applicant under this
chapter ever been revoked?
(8)
Has the applicant ever been convicted of a violation of a felony
under the laws of the state or any other state or federal law of the
United States?
(9)
Names of magazines, journals, or books.
(10)
Proposed method of operation.
(11)
Signature of the applicant.
B.
All statements made by the applicant upon the application or in connection
therewith shall be made under the penalties of perjury.
C.
No certificate of registration shall be issued to any person who
has been convicted of the commission of a sexual crime where they
must register as a sex offender, a violent felony or a felony involving
financial crime such as embezzlement, fraud, identity theft, or similar,
under the laws of the commonwealth or any other state or federal law
of the United States, nor to any person who has been convicted of
a violation of any provisions of this chapter, nor to any person whose
certificate of registration issued hereunder has previously been revoked
as herein provided.
[Amended 10-19-2022 by Order No. FY 23-038]
D.
All applications for a certificate of registration shall be made
at least 21 days before the desired date of initial soliciting.
E.
The Police Department shall review the background of the applicant, using Subsection C as a guide. If the Police Department approves the application they shall then forward the application to the Board of License Commissioners for their review and approval. The Police Department shall keep a permanent record of all applicants and issuance of certificates of registration for soliciting.
[Amended 10-19-2022 by Order No. FY 23-038]
A.
Any certificate of registration issued hereunder shall be revoked
by the Police Department if the holder of the certificate is convicted
of a violation of any of the provisions of this chapter or has made
a false material statement in the application, or otherwise becomes
disqualified for the issuance of a certificate of registration under
the terms of this chapter. Immediately upon such revocation, written
notice thereof shall be given by the Police Department to the holder
of the certificate in person or by certified mail addressed to his
or her residence as set forth in the application.
[Amended 10-19-2022 by Order No. FY 23-038]
B.
Immediately upon the giving of such notice, the certificate of registration
shall become null and void.
C.
The certificate of registration shall state the expiration date thereof.
A.
Every person desiring to secure the protection provided by the regulations
pertaining to soliciting contained in this chapter may comply with
the following directions:
(1)
Notice of the determination of the occupant of the refusal of invitation
to solicitors, to any resident, may be given in the manner following:
A weatherproof card or sign, approximately three inches by four inches
in size, shall be exhibited upon or near the main entrance door to
the residence, indicating the determination by the occupant, containing
the applicable words as follows: NO SOLICITORS INVITED.
(2)
The letters shall be at least one inch in height.
B.
A card or sign so exhibited shall constitute sufficient notice to
any solicitor of the determination by the occupant of the residence
of the information contained thereon.
A.
It shall be the duty of every solicitor, upon going onto any premises
in the municipality upon which a residence as herein defined is located,
to first examine the notice provided for in this chapter, if any is
attached, and to be governed by the statement contained on any notice.
B.
Upon reading the sign, the solicitor shall immediately and peacefully
depart. Any solicitor 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.
It is hereby declared to be unlawful for any person to go upon any premises and ring the doorbell upon or near any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engaging in soliciting as herein defined, in defiance of the notice exhibited at the residence in accordance with the provisions of § 337-5 of this chapter.
[Amended 10-19-2022 by Order No. FY 23-038]
Upon approval by the Police Department and the Board of License
Commissioners of the application for a certificate of registration,
the applicant shall pay the City a fee in the amount determined by
the Police Department and the Board of License Commissioners. In the
event that any organization or group shall have more than one solicitor,
the fee shall be per solicitor.
It is hereby declared to be unlawful for any person, whether
registered under this chapter or not, to go upon any premises and
ring the doorbell upon or near any door of a residence located thereon,
or rap or knock to attract the attention of the occupant of such residence,
for the purpose of securing an audience with the occupant thereof,
and engage in soliciting as herein defined, prior to 9:00 a.m. or
after dusk of any weekday, or at any time on a Sunday or on a state
or national holiday.
[Amended 10-19-2022 by Order No. FY 23-038]
The City shall provide each solicitor with a badge-size permit
for solicitation, which must be displayed conspicuously on the outer
garment of the solicitor unless the Board of License Commissioners
otherwise waives this requirement.
[Amended 10-19-2022 by Order No. FY 23-038]
Any person who violates this chapter or the conditions of his/her
permit may be arrested without a warrant in the place where the offense
is committed pursuant to MGL c. 272, § 59. The penalty for
such a violation of this chapter shall be a fine not to exceed $200,
which may be recovered upon complaint before the District Court and
shall inure to the City, all in accord with MGL c. 40, § 21.
