ARTICLE 62 POLICE DEPARTMENT ISSUED PERMITS AND LICENSES

ARTICLE 62 POLICE DEPARTMENT ISSUED PERMITS AND LICENSES Section 62.1 License to Solicit Door to Door Subsection 62.1.1 When a License is Required It shall be unlawful for any solicitor or canvasser: as defined in this regulation to engage in such business within the Town of Dartmouth without first obtaining a license therefor in compliance with the provisions of this regulation. The provisions of this regulation shall not apply to any person exempted under Chapter 101 of the Massachusetts General Laws or to any person duly licensed under Chapter 101 of the Massachusetts General Laws, to any person exempted by any other General Law, nor shall this regulation be construed to prevent route salesman or other persons having established customers to whom they make periodic deliveries from calling upon such customers or from making calls upon prospective customers to solicit an order for future periodic route deliveries (e.g., bread delivery service). Formerly Codified As: Soliciting Within Town, Section 1: Soliciting, Paragraph A: License Required, Page S-7 Subsection 62.1.2 Definition of Solicitor A solicitor or canvasser is defined as any person who, for him/herself, or for another person, firm or corporation travels by foot, automobile or any other type of conveyance from place to place, from house to house, or from street to street, taking; or attempting to lease or take orders; for retail sale of goods, wares, merchandise, or services, including without, limiting, the selling, distributing, exposing for sale or soliciting orders for magazines, books, periodicals or other articles of a commercial nature, the contracting of all home improvements, or for services to be performed in the future whether or not such individual has, carries or exposes for retail sale a sample of the subject of such sale or whether he is collecting advance payment on such retail sales. Formerly Codified As: Soliciting Within Town, Section 1: Soliciting, Paragraph B: Definitions, Page S-7 62-1

Subsection 62.1.3 Exceptions This By-Law shall not apply to officers or employees of the Town, County, State or Federal Government or any subdivision thereof, when said officers or employers are on official business or to a person or persons soliciting solely for religious, charitable or political purposes, or to youth organizations which meet the above criteria herein set forth. Formerly Codified As: Soliciting Within Town, Section 1: Soliciting, Paragraph C: Exceptions, Page S-7 Subsection 62.1.4 Application Requirements Applicants for a license shall file with the Chief of Police, on a form issued by the Police Department, a written application signed under the penalties of perjury, containing the following information: 1. Name of applicant. 2. Address of applicant (local and permanent home address). 3. Applicant's height, weight, color of eyes and hair. 4. Applicant's social security number. 5. The length of time for which the right to do business is desired. 6. A brief description of the nature of the business and the goods to be sold. 7. The name and home office address of the applicant's employer. (If selfemployed, it shall so state). 8. Two (2) black and white photographs (a 1 1/4 X a 1 1/4) of the applicant which shall be submitted by the applicant showing head and shoulders of the applicant (front view) in a clear and distinguishing manner. 9. If operating a motor vehicle: the year, make, model, color, motor number, registration number, state of registration, vehicle owner and address. 10. At the time of filing application, each applicant shall pay a fee of ten ($10.00) dollars. (To cover administrative costs) Formerly Codified As: Soliciting Within Town, Section 1: Soliciting, Paragraph D: Application, Pages S-7 to S-7-(A) 62-2

Subsection 62.1.5 Investigation of Applicant and Issuance of License 1. Upon receipt of the application the Chief of Police shall investigate the applicant's reputation as to morals and integrity. 2. After an investigation of the applicant's morals and integrity, but within seven (7) business days of the filing of the application, the Chief of Police shall endorse on such application his approval or disapproval. Failure of the Police Chief to act on said permit within seven (7) business days of the applicant's filing shall constitute approval. If disapproved, the applicants shall have the right of appeal to the Select Board in writing within even (7) days of the denial by the Chief of Police. The Select Board must act upon the appeal at one of their next two (2) regularly scheduled meetings. Failure to so act shall be deemed as approval. 3. Such license shall contain the signature of the Chief of Police or his designee and shall show the name, address and photograph of said licensee, the date of issuance, length of time the license shall be operative, as well as the license number. The Police Department shall keep a record of all licenses issued for a period of six (6) years. Solicitors and canvassers when engaged in the business of soliciting or canvassing are required to display their identification badge issued by the Police Department, by wearing said badge on an outer garment. Each licensee is required to possess an individual license. Formerly Codified As: Soliciting Within Town, Section 1: Soliciting, Paragraph E: Investigation and Issuance, Page S-7-(A) Subsection 62.1.6 Enforcement and Non-Transference The Police Officers of the Town shall enforce this regulation. No license shall be transferred. Formerly Codified As: Soliciting Within Town, Section 1: Soliciting, Paragraph F; Duty of Police, Page S-7-(A) 62-3

Subsection 62.1.7 Revocation of License The Chief of Police is hereby vested with jurisdiction over revoking of licenses. Any person aggrieved by such revocation may appeal to the Select Board within seven (7) business days, and a hearing will be scheduled for one of the next two (2) regularly scheduled meetings of the Select Board. Formerly Codified As: Soliciting Within Town, Section 1: Soliciting, Paragraph G: Revocation of License, Page S-7-(A) Subsection 62.1.8 Expiration of License Each license issued under the provisions of this regulation shall continue in force from the date of its issue to the date of expiration, unless sooner revoked. Said license shall be turned into the Police Department upon expiration. Formerly Codified As: Soliciting Within Town, Section 1: Soliciting, Paragraph H: Expiration of License, Page S-7-(A) Subsection 62.1.9 Renewal of License A license issued under the provisions of this regulation may be renewed by the Chief of Police. An applicant requesting a renewal of a license must apply in person for such license renewal, and provide such information as is required to obtain an initial license. Formerly Codified As: Soliciting Within Town, Section 1: Soliciting, Paragraph I: Renewal of License, Page S-7-(A) Subsection 62.1.10 Misrepresentation by Solicitor 1. No solicitor or canvasser, licensed or exempted from license, may misrepresent, in any manner, the buyer's right to cancel as stipulated by Chapter 93, 93A and 255D of the General Laws. 2. No solicitor or canvasser, licensed or exempted from license, may use any plan, 62-4

scheme or ruse which misrepresents the true status or mission to a prospective buyer's home, office, or other establishment with the purpose of making a sale of consumer goods or services. Formerly Codified As: Soliciting Within Town, Section 1: Soliciting, Paragraph J: Misrepresentation, Page S-7-(B) Subsection 62.1.11 Trespassing by Solicitor It shall be unlawful for any canvasser or solicitor to enter the premises of a resident or business who has displayed a "No Trespassing" or "No Soliciting" sign or poster. Further, it shall be unlawful for canvassers or solicitors to ignore a resident or business person's no solicitation directive or remain on private property after its owner has indicated that the canvasser or solicitor is not welcome. Formerly Codified As: Soliciting Within Town, Section 1: Soliciting, Paragraph K: Trespassing, Page S-7-(B) Subsection 62.1.12 Penalties Any person violating any provision of this regulation shall, upon conviction thereof, be punished by a fine not to exceed fifty (50.00) dollars for each and every offense under the provisions of Massachusetts General Laws, Chapter 40, Section 21D as accepted by the Town of Dartmouth more commonly known as the non-criminal disposition of By-Law violations, or take any action relative thereto. Formerly Codified As: Soliciting Within Town, Section 1: Soliciting, Paragraph L: Penalty, Page S-7-(B) Section 62.2 License to Solicit Motor Vehicles No person shall solicit donations for any purpose or offer items for sale to any person in a motor vehicle which is operating within the Town ways and State Highway layouts of Dartmouth without first obtaining a permit from Chief of Police or designee. For the purpose of this By-Law, operating shall mean any vehicle in a travel lane with its engine running, whether or not moving. The Chief of Police or his designee shall issue a permit for a particular site or sites for a period not to exceed sixty days upon determination that the proposed solicitation does not pose a threat to the safety of motorist or the applicant and applicant s officers, agents and employees. The Chief of Police or his designee may impose 62-5

conditions and limitations in time, hours of the day, weather and road conditions, and siting of solicitors. As a condition and limitation on every permit there shall be no entry by a Permittee into a travel lane for the purpose of solicitation while motor vehicles in that lane are moving. Each permitted solicitor shall conspicuously exhibit his, her or their permit within the permitted site or sites. The Chief of Police or his designee may revoke a permit for violation of the conditions and limits thereon. Violation of this By-Law shall be punishable by a fine of $100.00 for first offense, $200 second offense and $300 third offense. Violations of this By-Law are enforceable under provisions of M.G.L. Chapter 40 Section 21D non-criminal disposition process. Further that the Town amend the Schedule of Violations Category and amount to include this section under the Town s Non-Criminal Citations. Enforcement of the provisions of this By-Law is through police officers of the Town of Dartmouth. 11-18-03 12-30-03 01-05-04 06-01-04 06-30-04 07/12/04 Formerly Codified As: Soliciting Within Town, Section 2: Soliciting Motor Vehicles While Operating, Pages S-7-(B) to S-7-(C) Section 62.3 Paint Ball Guns Subsection 62.3.1 Restriction on Sales to Minor Who Lacks a Permit No person, other than a parent, guardian or adult who has custody and control of the minor, shall sell, provide or furnish a paint ball gun to a minor unless the minor has a permit issued by the Chief of Police or his designee, in his possession. Whoever violates this sub-section shall be punished by a fine of not less than one hundred and fifty dollars ($150) and not more than three hundred dollars ($300). A second or subsequent offense shall be punished by a fine of three hundred dollars ($300). 5-24-00 6-22-00 6-27-00 Formerly Codified As: Miscellaneous, Section 7: Paintball Guns, Subsection 7A, Page M- 1(A) Subsection 62.3.2 Restriction on Use by Minor Who Lacks a Permit No minor shall have a paint ball gun in their possession or discharge same in any place in the Town of Dartmouth to which the public has a right of access unless that minor either; 62-6

. is accompanied by a parent, guardian or adult who has custody and control of the minor; or,. has a permit to carry a paint ball gun issued by the Chief of Police or his designee. The Chief of Police or his designee shall issue a permit to carry a paint ball gun under this By- Law to any person under the age of eighteen provided a parent or person having legal custody of the minor assents in writing by signing the permit to that effect. A permit for this purpose shall not be denied or revoked without just cause and an opportunity for hearing before the Chief of Police or his designee. Whoever violates this sub-section shall be punished by a fine of not less than one hundred dollars ($100) and not more than two hundred dollars ($200). A second or subsequent offense shall be punished by a fine of not less than two hundred dollars ($200) and not more than three hundred dollars ($300). 5-24-00 6-22-00 6-27-00 Formerly Codified As: Miscellaneous, Section 7: Paintball Guns, Subsection 7B, Page M-1(A) Subsection 62.3.3 Definitions Definitions for the Purposes of this By-Law: Minor - person under the age of eighteen (18) years of age. Paint Ball Gun - an instrument or implement capable of propelling and projecting a projectile by means of air pressure or other means of propulsion which projectile leaves a distinguishing mark, stain or color upon impact which may be indelible or may be temporary in nature. 5-24-00 6-22-00 6-27-00 Formerly Codified As: Miscellaneous, Section 7: Paintball Guns, Subsection 7C, Page M-1(B) 62-7