[HISTORY: Adopted by the Town Council of the Town of Braintree 6-15-2010 by Ord. No.
10-012 (former Ch. 5.32 of the Town Bylaws, derived
from prior code Ch. 99). Amendments noted where applicable.]
No person shall hawk or peddle goods, wares or merchandise within
the limits of the Town, except as otherwise authorized by law, without
first obtaining a license therefor from the Commonwealth of Massachusetts
in accordance with the provisions of MGL c. 101.
[1]
Note: This section was previously amended ATM 5-10-2005 by
Art. 37.
A person licensed by the Commonwealth of Massachusetts as a
transient vendor under the provisions of MGL c. 101, § 3,
shall, before making any sales of goods, wares or merchandise within
the limits of the Town, make application to the Board of License Commissioners
for a local license; such local license shall be subject to such reasonable
rules and regulations and to the payment of a license fee in accordance
with the provisions of MGL c. 101, § 5.
A person licensed by the Commonwealth of Massachusetts as a
hawker or peddler under the provisions of MGL c. 101, § 22,
shall, before making any sale of goods, wares or merchandise within
the limits of the Town, apply for a permit from the Board of License
Commissioners; such permit shall be subject to such reasonable rules
and regulations as may from time to time be made by the Board of License
Commissioners.
The Board of License Commissioners may from time to time make
reasonable rules and regulations governing the granting of temporary
licenses to any organization engaged exclusively in charitable work,
or to a post of any incorporated organization of veterans who served
in the military or naval service of the United States in time of war
or insurrection for the sale of flags, badges, medals, buttons, flowers,
souvenirs and similar small articles, in accordance with the provisions
of MGL c. 101, § 33.
[Amended 9-15-2015 by Ord. No. 14-022; 3-2-2016 by Ord. No. 14-022(R)]
A.
Purpose. The purpose of this section is to protect the citizens of
Braintree from crime, undue annoyance and fraudulent door-to-door
solicitors and canvassers by requiring those who wish to engage in
such activity to register with the Braintree Police Department.
B.
RESIDENTIAL PROPERTY
SOLICITATION or CANVASSING
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Includes without limitation each individual dwelling unit.
Traveling by foot, motor vehicle or any type of conveyance,
from place to place, from house to house, or from street to street,
whether for salary, commission or other remuneration, whether on behalf
of oneself or another person, business, firm, corporation, organization
or other entity, and (a) selling, leasing or taking orders for the
sale of any goods, wares, merchandise or services whatsoever, including,
but not limited to, books, periodicals, food, and home improvement
services, or attempting to so sell, lease or take orders, whether
or not advance payment on such sales is collected; or (b) seeking
or requesting donations of money, goods or services for any for-profit
entity or nonprofit entity; even if the original solicitation is made
in writing, by telephone or any electronic communication.
C.
Prohibition and requirements.
(1)
No person shall engage in solicitation or canvassing in or upon
any private residential property in the Town of Braintree, and no
business, firm, corporation, organization or other entity shall arrange
for any person to engage in solicitation or canvassing in or upon
any residential property, without first registering with the Chief
of Police not less than 10 business days before commencing such solicitation
or canvassing and obtaining from the Chief of Police a certificate
evidencing such registration.
(2)
Persons engaged in solicitation or canvassing shall prominently
display around their neck a fluorescent orange lanyard and attached
card holder, and a five-inch by seven-inch identification card visible
at all times on the chest area. The solicitor or company is responsible
to provide said lanyard and create an identification card, which shall
be inserted into the lanyard card holder. The identification card
will contain 1) an identification number (assigned by the company
or entity soliciting), 2) company name, 3) solicitor's name,
4) signature, 5) current photo, 6) phone number and name of company
official responsible for the canvassing or soliciting operation in
case of emergency or other immediate contact needs, 7) start date
and expiration date (not to exceed 30 days), and shall have the approved
8) Braintree Police certificate of registration inserted in back of
the identification card, and shall produce such certificate upon request.
Failure to wear the provided lanyard and card holder shall result
in a violation of $300 per individual and 9) $300 per primary employing
entity per violation per day, which shall be considered separate from
item No. 8. If a fine is issued to any party or entity, said party
will be prohibited from soliciting in the Town of Braintree until
the fine is paid.
(3)
Immediately upon encountering an occupant of any residential
property, a person engaged in solicitation or canvassing shall present
such certificate of registration for inspection and inform the occupant
of the nature and purpose of his/her business, and if he/she is representing
an organization, firm, or other entity.
(4)
Each person engaged in solicitation or canvassing in or upon
any residential premises shall immediately leave such premises upon
the request of the occupant.
(5)
No person shall engage in solicitation or canvassing in or upon
any residential property upon which is displayed a sign prohibiting
trespassing, solicitation or canvassing.
(6)
No person engaging in solicitation or canvassing shall misrepresent
in any way his/her true objective, status or mission or that of any
organization on behalf of which he/she is so engaged.
(7)
Persons engaging in solicitation or canvassing shall comply
with all federal, state and local laws and regulations, including
but not limited to consumer protection laws such as Chapters 93, 93A
and 255D of the Massachusetts General Laws. Braintree Police shall
provide all applicants with a copy of Chapter 5-565, Peddling and
Soliciting, and highlight Section 5.565.050.
(8)
Anyone applying to canvas or solicit must provide a direct contact
name and telephone number of the direct supervisor or person responsible
for the management of all those canvassing or soliciting. This direct
contact must be accessible via phone at all times should issues arise.
(9)
No person shall place, deposit or throw or cause to be placed, deposited or thrown upon or into a motor vehicle, which is parked on any street, lane, parking lot or other public place, any leaflet, pamphlet, poster, handbill, flyer or any paper containing printed or written matter, whether advertising or not, with the exception of any violation ticket or summons issued pursuant to lawful authority (see Subsection G, Penalty).
D.
Registration.
(1)
Application. Persons seeking registration certificates in accordance
with this section shall apply therefor not less than 10 business days
before commencing solicitation or canvassing in the Town of Braintree.
Such application shall be signed under the penalties of perjury and
shall contain the following information on a form provided by the
Chief of Police:
(a)
Applicant's name, home address and telephone number;
(b)
Name of applicant's business, firm, corporation, organization,
or other entity represented, business address and telephone number;
(c)
Applicant's date of birth;
(d)
Applicant's social security number;
(e)
Applicants must produce a copy of their driver's license,
or a photograph will be taken by the Braintree Police Department at
the time of registering;
(f)
Length of time for which applicant seeks to conduct business
in the Town of Braintree;
(g)
Description of the nature of the business and the goods or services
to be sold or purpose(s) for which donations are to be requested;
(h)
If applicant is operating or being transported by a motor vehicle,
the year, make, model, color, registration number, state of registration,
owner's name and address of each such vehicle;
(i)
Each applicant or individual canvasser/solicitor must sign a
release authorizing the Town of Braintree, acting by and through the
Police Department or the Licensing Coordinator for the Board of License
Commissioners, to process a Criminal Offender Record Information (C.O.R.I.)
report for each individual canvasser/solicitor that has been completed
in the past 60 days. Each C.O.R.I. will cost the applicant or entity
$75, payable to the Town of Braintree. If any applicant or individual
canvasser/solicitor is from outside of Massachusetts, said applicant,
individual canvasser or solicitor shall provide a certified copy of
said individual canvasser's or solicitor's equivalent Criminal
Offender Record Information issued by said canvasser's or solicitor's
state of residence for each of the seven years preceding the date
of application. Applicants or individual canvassers/solicitors who
have been convicted (found guilty) of any of the following offenses
within the past seven years are prohibited from canvassing or soliciting
in Braintree: burglary, drug distribution, Level 2 and Level 3 sex
offenders, breaking and entering, larceny, robbery, receiving stolen
property, assault, fraud, sexual misconduct, and unlawfully carrying
weapons.
(2)
Contents of certificate. Each certificate of registration shall
contain the signature of the Chief of Police or his/her designee and
shall show the name, address and photograph of the holder of the certificate,
date of issue and registration number.
(3)
Expiration of certificate. Each certificate of registration
issued pursuant to this section shall expire 30 days from the date
of issue. Certificates must be returned to the Braintree Police Department
when the applicant has concluded his/her solicitation activities in
the Town of Braintree.
(4)
Transfer of certificate. No certificate of registration may
be transferred to any other person or entity.
(5)
Revocation of certificate. The Chief of Police may revoke the
certificate of registration of any solicitor or canvasser for violation
of any provision of this section or for providing false information
on the application.
(6)
Duties of Police Department. The Police Department shall keep
a record of all certificates of registration, including registration
numbers, and applications therefor, for a period of six years after
application or such time as the public records retention laws may
provide, whichever is longer. Enforcement authority of this section
shall be by the Braintree Police Department.
E.
Exception. The provisions of this section shall not apply to the
following persons:
(1)
Any person duly licensed under Chapter 101 of the General Laws,
or to any person exempted under Chapter 101, Chapter 149, § 69,
and Chapter 180, § 4, of the General Laws, or any other
General Law.
(2)
Any officer or employee of the Town, county, state or federal
government on official business.
(3)
Route salespersons or others having established customers making
periodic deliveries to such customers or making calls upon prospective
customers to solicit orders for periodic route deliveries, including
but not limited to news carriers.
(4)
Individuals seeking to engage in exclusively noncommercial communication.
(5)
Exempted entities include but shall not be limited to religious
organizations, political entities, charitable and fraternal organizations
and other noncommercial community groups.
F.
Severability. If any section, subsection, sentence, clause, phrase
or portion of this section shall be declared invalid or held unconstitutional
by any court of last resort, the remainder shall continue in full
force and effect.
