General Bylaw Article 3-10

Sec. 1.

No person shall be permitted to engage in the collection of junk without obtaining a license from the Board of Selectmen. The Board of Selectmen shall impose a reasonable fee for said license.

Sec. 2A.

In order to operate a junk yard in the Town of Hanson, a license must first be granted by the Board of Selectmen after a Public Hearing held at their order. It will be the responsibility of the Applicant to notify all abutters to the property where such an operation is to be located. The Applicant shall provide proof that all abutters have been notified, in writing at least fourteen (14) days prior to said hearing, and that he has caused to be printed in a newspaper having the largest circulation in the Town, at least fourteen (I4) days prior, details of the proposal, viz. time, date, place of the hearing together with a description of the property to be licensed.

Sec. 2B.

The granted license shall require the property involved to be screened from view by a closely boarded, six foot high fence. The Board of Selectmen may waive the fence clause if the property is not in view of a public highway or a public or private building. The Board of Selectmen on granting a license under this By-Law, will set a reasonable fee.

Sec. 2C.

The Board of Selectmen are hereby authorized to make other regulations consistent with the conducting of such a business.

Sec. 3.

Except for a Military or Funeral Parade, no person shall form or conduct any parade in any public street, public sidewalk or public way within the Town without first obtaining a written permit from the Board of Selectmen and the Police Department. No person shall take part in any parade which is not authorized by a permit.

Sec. 4A. Purpose:

This section, adopted pursuant to G.L.C. 43B, s. 13 and Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts, establishes registration requirements and specific operation requirements for persons intending to engage in door-to-door canvassing or solicitation in the Town of Hanson in order to (1) protect its citizenry from disruption of the peaceful enjoyment of the residences and from the perpetration of fraud or other crimes; and (2) to allow for reasonable access to residents in their homes by persons or organizations who wish to communicate either commercial or non-commercial messages.

Sec. 4B. Definitions:

1. "Soliciting" shall mean and include any one or more of the following door-to-door activities:
   1. selling or seeking to obtain orders for the purchase of goods or services for any kind of consideration whatever;
   2. selling or seeking to obtain prospective customers for application of purchase of insurance of any kind;
   3. seeking to obtain subscriptions to books, magazines, periodicals, newspapers or any other type of publication;
   4. seeking to obtain gifts or contributions of money, clothing, or any other valuable thing for the support or benefits of any association, organization, corporation or project;
   5. seeking to obtain information on the background, occupation, economic status political affiliation, attitudes, viewpoints, or the like of the occupants of a residence for the purpose of selling or using such data, wholly or in part, for commercial purposes.
2. "Canvassing' shall mean and include any one or more of the following door-to-door activities:
   1. person-to-person distribution of literature’s, periodicals, or other printed materials, but shall not include placing or dropping off printed materials on the premises;
   2. seeking to enlist membership in any organization;seeking to present, in person, organizational information.
3. "Residence" shall mean and include every individual dwelling unit occupied for residential purposes by one or more persons.
4. "Registered solicitor" shall mean any person who has obtained a valid certificate of registration from the Town as required by this By Law.

Sec. 4C. Registration:

Every person or organization intending to engage in commercial soliciting or canvassing door-to-door in the Town of Hanson must register with the Police Department at least three (3) days in advance by filing a registration application form with the Chief of Police.

1. Organization application forms shall include the following information:
   1. The name and address of the organization applying for registration, and the names and addresses of the organizations' principal officers.
   2. The name, title and telephone number, IRS or Social Security number of the persons filing the application form.
   3. The names and addresses of the person(s), if any, who will be directly supervising the solicitation or canvassing operation in the Town of Hanson.
   4. A list of the names, addresses, dates of birth of all individuals who will all be employed in solicitation or canvassing by the applicant.
   5. Period of time for which certificate of registration is needed (note: no certificate may be granted for longer than a 90 day period).
   6. Names of the last three communities (if any) in which the organization has conducted a solicitation or canvassing operation.
2. Individual registration forms shall be required for all individuals, including those who are affiliated with an organization registered under 4C (a). Individual registration forms shall contain the following information:
   1. Name and address of the present place of residence and length of residence at that address; if less than three years residence at a present address, the address of residence(s) during the past three years.
   2. Date of birth.
   3. Name and address and telephone number of the person or organization whom the applicant represents and the length of time the applicant has been associated with or employed by that person or organization. LI>Name and address of employer during the past three years if other than listed in 4C.
   4. Period of time for which certificate of registration is needed (note: no certificate may be granted for longer than a 90 day period).
   5. Name of the last three communities (if any) in which the applicant has solicited or canvasses door-to-door.
   6. Social Security number. (Option)
   7. Recent passport-sized photograph of the applicant to be affixed to registration card.
   8. Make, model and registration number of any vehicle to be used by the applicant while soliciting or canvassing.

Sec. 4D. Registration Fee:

Each applicant for registration or re-registration shall pay a fee of $5.00 to the Town.

Sec. 4E. Registration Cards:

1. The Police Chief, after a review shall furnish each person engaged in solicitation or canvassing with a registration card which shall contain the following information:
   1. The name of the person.
   2. A recent photograph of the person.
   3. The name of the organization (if any) which the person represents.
   4. A statement that the individual has been registered with the Town of Hanson Police Department but that registration is not an endorsement of any individual or organization.
   5. Specific dates or period of time covered by the registration.
2. Persons engaged in solicitation or canvassing must carry the registration card at all times and present the card to any person solicited or upon the request of any police officer.
3. Registration cards are valid only for the specific dates or time period specified thereon and in no case for longer than 90 days.
4. The Police Chief shall refuse to register an organization or individual whose registration has been revoked for violation of this by law within the previous two year period, or who has been convicted of murder/manslaughter, rape, robbery, arson, burglary/breaking and entering, assault, larceny.

Sec. 4F. Exceptions:

1. Registration shall not be required for officers or employees of the Town, County, State or Federal governments when on official business.
2. Individual registration shall not be required for minors under the age of 18 except in connection with canvassing or soliciting on behalf of a profit organization, newspaper carriers excepted.

Sec. 4G. Duties of Solicitors:

1. It shall be the duty of every solicitor or canvasser, upon going into any residential premises in the Town of Hanson, to first examine any notice which may be posted rohibiting solicitation. If such a notice is posted, the solicitor or canvasser shall immediately and peacefully depart from the premises.
2. Any solicitor or canvasser 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.
3. Immediately upon gaining entrance to any residence, each solicitor or canvasser must do the following:
   1. Present his registration card for inspection by the occupant.
   2. Request that the occupant read the registration card.
   3. Inform the occupant in clear language of the nature and purpose of his business and, if he is representing an organization, the name and nature of that organization.
4. It shall be the duty of every organization employing solicitors or canvassers to notify the Police Department daily as to what area(s) of the Town they will be operating in.

Sec. 4H. Restrictions on Methods of Solicitation:

It shall be unlawful for a solicitor or canvasser to do any of the following:

1. Falsely represent, directly or by implication, that the solicitation or canvassing is being done on behalf of a governmental organization.
2. Solicit or canvass at any residence where there is a posted sign prohibiting solicitation, without express prior permission of an occupant.
3. Solicit or canvass at any residence without express prior permission of an occupant, before 9:00 A.M. or after 9:00 P.M. where there is no sign posted otherwise limiting solicitation or the hours of solicitation.

Sec. 4I. Penalty:

1. Any person or organization who, after being advised and given a copy of this by law, violated any of the provisions of this by law shall be subject to a fine not to exceed $300.00 for each offense.
2. Any person or organization who for himself, itself, or through its agents, servants or employees violated any provision of sub-sections 4G or 4H of this by law, or who knowingly provides false information on the registration application, or who is found, after investigation by a police officer, to have conducted himself or itself in a threatening, abusive or illegal fashion, shall have his, her, or its registration revoked by the Chief of Police by written notice delivered to the holder of the registration in person, or sent to the holder by certified mail at the address set forth in the application.

Sec. 4J. Appeals:

Any person or organization who is denied registration or whose registration has been revoked may appeal by filing a written notice of appeal with the Board of Selectmen. Such appeal must be filed within 5 days after receipt of the notice of denial or revocation. The Board of Selectmen shall hear the appeal at its next scheduled meeting after the filing of the written notice of appeal, provided, however, that if the Board of Selectmen fails to make a determination within 30 days after the filing of the appeal, the registration shall be deemed granted or reinstated as the case may be.

Sec. 4K. Severability:

Invalidity of any individual provision of this section shall not affect the validity of the by law as a whole.

Sec. 5A.

For the protection and safety of any person or persons wishing to use any Town property for camping, cookouts or any other associated purpose, said persons shall apply to the Board of Selectmen or their appointed representative (i.e. Camp Kiwanee Management Committee),for permission for such use. The Police Department shall be notified by said persons when permission is secured from the Board of Selectmen and provided with details of the intended use and the time of use of the Town property.

Sec. 5B.

When campfires, cookouts or any other burning is proposed in connection with such use, permission from the Fire Department must also be secured.

Sec. 6.

No yard, garage or similar type of sale shall be conducted on any property in the Town without a permit issued by the Board of Selectmen. Such permits shall be subject to the following regulations:

1. Signs will be permitted only on private property. No signs will be permitted on Town streets, trees, sidewalks or utility poles. Signs may be erected no more than two days prior to the sale and must be removed no later than the day following the sale.
2. Sales shall be limited to two consecutive days.
3. Only two such permits will be issued to the same individual or for the same piece of property
4. No fees shall be applicable to yard sale permits.

Sec. 7. Open Burning Permits.

No person, organization, firm or corporation shall cause, suffer, allow or permit the open burning of any combustible material without first obtaining a permit for open burning from the Hanson Fire Department.

Sec. 7A.

Open burning permits shall be issued only by the Hanson Fire Department in compliance with the regulations of the Commonwealth of Massachusetts, 310 C.M.R. 7.07/7.08 - All sections - Department of Environmental Quality Engineering Division of Air Quality Control.

Sec. 7B.

No written permit will be required for cooking fires, but permission must be granted on Town property for cooking fires, as outlined in Article 3-10, s. 5A and 5B.

Sec. 7C.

The Fire Chief/Forest Warden shall, under authority of M.G.L. Chapter 148, s. 10A and Chapter 48, s. 13 charge a fee for open burning permits.

Sec. 8. Permits and Inspections.

The Chief of the Hanson Fire Department shall grant in accordance with the rules and regulations of the Commonwealth of Massachusetts - Board of Fire Prevention Regulations, such permits for use, in the Town of Hanson, as may be required by such rules and regulations, and make such inspections therein, and have and exercise such powers and duties in connection therewith, as the Fire Marshall, for the Commonwealth of Massachusetts, may direct. The Chief of the Fire Department shall keep a record of every permit so issued and every inspection so made, and shall furnish the Marshall with such information in respect to such permits and inspections as he may require.

Sec. 8A.

A fee shall be charged by the Head of the Fire Department for any permit granted or inspection made as granted under authority of M.G.L. Chapter 148, s. 10A.

Sec. 9.

The Board of Selectmen acting as licensing authority under M.G.L. Chapter 140, s. 177A shall limit to four (4) the number of amusement devices that may be operated in any licensed establishment.

Last Updated 5/95