[HISTORY: Adopted by the Town of Yarmouth as indicated in
article histories. Amendments noted where applicable.]
[Adopted 5-4-2009 ATM by Art. 31, approved 8-24-2009]
This article shall be known as the "Door-to-Door Solicitation
Law of the Town of Yarmouth."
A.
Many residents complain to the Police Department each year about
door-to-door solicitation. Some indicate that being the target of
solicitation in their homes is annoying, intrusive, and unpleasant.
Others are concerned at having strangers approaching their homes uninvited.
Many seek assurance that the solicitors are known to Town officials
and properly licensed. Senior citizens and retirees constitute a substantial
portion of our population. This group is particularly vulnerable to
crime, particularly fraud, identity theft, and larceny.
B.
This article is intended to regulate door-to-door sales by licensing
sales agents; establishing a No Solicitation List; and promulgating
reasonable time and manner restrictions on door-to-door solicitation,
including enforcement of the No Solicitation List.
The following words and phrases shall have the following meanings:
The in-person solicitation of sales of goods or services
for present or future delivery by entry upon residential property,
including multifamily or duplex residential property, or by soliciting
persons located on residential property from a street, sidewalk or
other adjacent property, without the prior invitation of the person
to be solicited.
A permit issued to a sales agent to engage in door-to-door
sales in accordance with this article.
A list of residential addresses in the Town, organized alphabetically
by street name, indicating those residential properties placed on
the list at the request of the owner or occupant indicating that he
or she does not want sales agents to enter his or her property.
Any entity engaged in the supervision, recruitment, retention
or employment of a salesperson or salespersons, including any person
or representative thereof.
Any person engaged in door-to-door sales of goods or services
for present or future delivery.
Any person who directs or supervises a salesperson or salespersons
engaged in door-to-door sales.
The Town of Yarmouth door-to-door sales permit process shall
be administered by the Yarmouth Police Department.
A.
Each salesperson must apply individually to the Yarmouth Police Department
during posted administrative hours by submitting a completed application,
which shall require:
(1)
Government-issued photographic identification.
(2)
Date of birth.
(3)
Social security number.
(4)
Permanent residential address.
(5)
Home telephone number.
(6)
Temporary local address.
(7)
Current cell phone number.
(8)
Sales organization information.
(9)
Sales supervisor identity.
(10)
Make, model, color, and registration number of any vehicle(s)
used to transport the sales agent, his/her supervisor, or sales materials.
(11)
Such other verifying information as may be reasonably required.
B.
An application fee to be established and adjusted from time to time
by the Board of Selectmen shall accompany each Town of Yarmouth door-to-door
sales permit application.
Subject to the provisions of the Massachusetts Criminal Records
Offender Statute, MGL c. 6, § 167 et seq., and regulations
promulgated thereunder, the Yarmouth Police Department shall conduct
a criminal records check of each applicant for a Town of Yarmouth
door-to-door sales permit to determine the applicant's fitness and
suitability to conduct door-to-door sales.
A.
The No Solicitation List shall be established and maintained by the
Yarmouth Police Department. Residents may submit their property for
inclusion on the list without charge.
B.
Upon approval and issuance of a Town of Yarmouth door-to-door sales
permit, each salesperson shall be provided with a copy of the No Solicitation
List.
A.
No salesperson shall engage in door-to-door sales without first having
applied for and received a Town of Yarmouth door-to-door sales permit.
B.
No sales organization shall allow any salesperson to engage in door-to-door
sales who has not applied for and received a Town of Yarmouth door-to-door
sales permit.
C.
No sales supervisor shall direct or supervise, direct, or allow any
salesperson to engage in door-to-door sales who has not applied for
and received a Town of Yarmouth door-to-door sales permit.
D.
No salesperson shall enter within the perimeter of any residential
property included on the No Solicitation List. In addition to the
fine(s) established below, inclusion of a residential property on
the No Solicitation List shall constitute notice prohibiting trespass
under MGL c. 266, § 120.
E.
No salesperson shall solicit sales from a person situated within
a residential property included on the No Solicitation List from a
street, sidewalk or other adjacent property.
F.
Each salesperson shall carry the Town of Yarmouth door-to-door sales
permit at all times while engaged in door-to-door sales and shall
display said permit upon request by any police officer. Town official
or any person present at a residential property where door-to-door
sales are solicited.
G.
No salesperson or supervisor shall use any vehicle to transport persons
or materials for door-to-door sales unless said vehicle is identified
in the Town of Yarmouth door-to-door sales permit application and
the exterior of said vehicle is marked with the name of the sales
organization and the words "door-to-door sales." All required information
shall be in letters a minimum of four inches in height on both sides
of the vehicle.
H.
Door-to-door sales shall not be conducted except during the hours
between 9:00 a.m. and 7:00 p.m.
The invalidity of any portion or portions of this article shall
not invalidate any other portion, provision or section thereof.
