[Adopted 6-20-2016 by Ord. No. 1592]
It is the purpose of this article to regulate persons or organizations
engaged in door-to-door soliciting in the City of Gardner through
the issuance and imposition of other limitations on such conduct for
the purpose of protecting the City's residents from disruption of
the peaceful enjoyment of their residences and from crime and fraud,
and further, to allow reasonable access to residents in their homes
by persons or organizations who wish to engage in commercial solicitation.
A "door-to-door solicitor" or "solicitor," as used herein, is
defined as any individual, whether a resident of the City of Gardner
or not, traveling either by foot, motor vehicle, or any other type
of conveyance, from place to place, house to house, taking or attempting
to take orders for sale of goods, wares, merchandise, personal property
of any nature for immediate or future delivery, or for services or
utilities to be furnished or performed immediately or in the future
on behalf of themselves or another person or business and whether
or not he or she collects advance payments on such sales.
A.
It shall be unlawful for any solicitor as defined in § 428-8 of this article to engage in such business in the City of Gardner without first obtaining a license in compliance with the provisions of this article. Such license shall be obtained from the Chief of Police, and upon payment of a one-hundred-dollar license fee. This requirement shall not apply to any door-to-door solicitation of newspapers, religious publications, ice, flowering plants and flowers, and wild fruits, nuts and berries. This requirement shall further not apply to an individual licensed by the commonwealth pursuant to MGL c. 101, § 22 and conducting sales in accordance with said license, provided that such licensees shall be subject to § 428-13 and 428-15 of this article and any other applicable City ordinance or regulation.
B.
Any person who is not properly licensed under this article shall
be ordered to immediately cease and desist all solicitation in the
City until they attain a proper license.
C.
Nothing in this article shall be construed to impose any license
requirement or otherwise restrict or in any way regulate any activity
for noncommercial purposes, including but not limited to any activity
for religious, charitable, civic or political purposes, regardless
of whether such activity includes acts that would otherwise constitute
soliciting, nor shall anything in this article be construed to impose
any license requirement or otherwise restrict or in any way regulate
any person under the age of 18 who is not engaged in an organized
business, either individually or as an employee, from conducting any
activity related to taking or attempting to take orders for sale of
personal services (such as babysitting, snow shoveling, lawn mowing,
or yard maintenance) to be furnished or performed immediately or in
the future.
A.
Each individual applicant for a license under this article shall
submit to the Chief of Police or his/her designee an application along
with a fee of $100 (per individual applicant), payable to the City
of Gardner, which will be used to cover the cost of processing permits
and conducting the investigation of the application.
B.
Each applicant must complete a sworn application, in writing, at
least 10 working days prior to the requested starting date for solicitation,
on a form provided by the Police Department. Said form shall include
the following information:
(1)
Name, physical description, and date of birth;
(2)
Social security number of the applicant;
(3)
Permanent home address, as well as full local address for the applicant;
(4)
A brief description of the nature of the business and/or goods to
be sold;
(5)
If employed, name and address of employer, including credentials
which establish the exact relationship;
(6)
The length of time for which the license is desired (not to exceed
90 days);
(7)
Names of manufacturer, of source of merchandise, and proposed method
of delivery;
(8)
Two photographs of the applicant, taken within the past 60 days prior
to filing of the application, showing only the head and shoulders
of the applicant in a clear and distinguishing manner;
A.
If, after an investigation into the facts contained in the license
application, the Police Chief is satisfied the applicant is of suitable
character, the Police Chief, or his designee, shall grant the requested
license.
B.
The Police Chief or his designee shall refuse to issue a license
to any organization or individual whose license has been revoked for
violation of this article within the previous two-year period or who
has been convicted of murder/manslaughter, rape, robbery, arson, burglary/breaking
and entering, felony assault, or larceny over $250, as such persons
pose a substantial degree of dangerousness to minors and other persons
vulnerable to becoming victims of the violent crimes so listed. The
Police Chief shall also refuse to grant a license to a person who
is a sex offender required to register with the Sex Offender Registry
Board and who is finally classified as a Level 2 or Level 3 sex offender,
as such persons have been found to have a moderate to high risk of
re-offense and pose a substantial degree of dangerousness to minors
and other persons vulnerable to becoming victims of sex crimes.
The Police Department, after a review of the information contained
in the license application, but in no event more than 10 working days
after receipt of a fully completed application, shall issue to each
qualified applicant an identification card which shall contain the
words "licensed solicitor," the individual's picture, identification
and expiration date of the license. Persons engaged in solicitation
or peddling as defined in this article must carry the registration
card while soliciting or peddling and present the card to any police
officer or person solicited upon request.
A properly licensed solicitor shall check in with the Gardner
Police Department on each day during which he or she seeks to solicit
to provide the geographic area of the City in which the solicitation
will take place. On such days, the solicitor may only solicit between
the following hours:
The Chief of Police shall maintain all pertinent records of
licenses issued and violations recorded.
A.
Whoever continues to solicit in the City in willful violation of
this article, by continuing to solicit after being informed by a police
officer to cease and desist, may be arrested without a warrant by
a police officer in accordance with the provisions of MGL c. 272,
§ 59, and subject to a fine of three times the application
fee up to, but not to exceed, $300 for each violation.
B.
Notwithstanding the above licensing procedures, no licensee may enter
private property after being forbidden to do so, either directly by
the person in charge of the property or by a conspicuously posted
notice of "No Trespassing" or "No Soliciting." Such trespass violations
are controlled by MGL c. 266, § 120, which authorizes the
arrest (without a warrant) of a person found committing such a trespass
in the presence of a police officer.
C.
After investigation by a police officer, licenses issued under the
provisions of this article may be revoked by the Chief of Police or
his designee after notice and hearing; provided, however, that a license
may be suspended immediately, without notice and a hearing, if the
public safety or welfare so requires, for any of the following causes:
(1)
Fraud, misrepresentation, or false statement contained in the license
application;
(2)
Fraud, misrepresentation, or false statements made in the course
of carrying on the business of solicitation;
(3)
Any violation of this article;
(4)
Conviction of any crime listed in § 428-11 of this article or classification as a Level 2 or Level 3 sex offender;
(5)
Conducting the business of soliciting or peddling in an unlawful
manner or in such a manner as to constitute a breach of the peace,
or to constitute a menace to health, safety, or the general welfare
of the public; and
(6)
High-pressure tactics, harassment, or a refusal to accept a refusal
as an answer, when verified in writing.
D.
If a license is suspended under the provisions of this section, notice
of a hearing with regard to the same shall be given forthwith in accordance
with the following subsections:
(1)
Notice of hearing for revocation or suspension of a license shall
be given in writing, setting forth specifically the grounds of the
complaint and a time and place of the hearing.
(2)
Such notice shall be hand delivered to the licensee or forwarded
by certified mail to the licensee at his or her last known address
at least five days prior to the hearing date.
E.
The liability for any fine instituted in accordance herewith shall
be joint and several between the individual and any other individual
or entity on whose behalf the solicitation is being conducted.
F.
Pursuant to MGL c. 40, § 21D, in lieu of a criminal disposition
of any violation of this article, the City of Gardner, by and through
its Police Department, may give to any offender a notice to appear
before the Clerk of the Gardner District Court not later than 21 days
after the date of the notice to appear.
All licenses for soliciting in the City are valid only for the
particular dates or time period specified thereon, and in no case
for longer than 90 days.
Any person or organization who is denied a license or whose
license has been revoked may appeal by filing a written notice of
appeal with the City of Gardner Police Chief or his or her designee.
Such appeal must be filed within five days after receipt of the notice
or denial or revocation. Within five business days, the Chief or his
or her designee shall hear the appeal; provided, however, that if
the Chief or his or her designee fails to make a determination within
30 days after the filing of the appeal, the license shall be deemed
granted or reinstated, as the case may be.
The provisions of this article are declared to be severable,
and if any section, sentence, clause or phrase of this article shall
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this article and they shall remain in effect,
it being the legislative intent that this article shall stand, notwithstanding
the invalidity of any part.
