No person hawking, peddling, carrying, or displaying any article
for sale shall cry his/her wares to the disturbance of the peace and
comfort of the inhabitants of the Town, nor shall he/she carry or
convey such articles in any manner that will tend to injure or disturb
the public health or comfort, and otherwise than in vehicles and receptacles
which are neat, clean, and do not leak.
[1]
Editor's Note: This article was adopted as Ch. 114, but was
redesignated to maintain the organization of the Code.
This article shall be known as the "Door-to-Door Solicitation
and No Solicitation Law" of the Town of Bellingham.
This article is intended to regulate door-to-door sales by licensing
sales agents; establishing a No Solicitation Registry and setting
reasonable time and manner restrictions on door-to-door solicitation,
including enforcement of the No Solicitation Registry.
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 registry of residential addresses in the Town, organized
alphabetically by street name, indicating those residential properties
placed on the registry 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 Bellingham door-to-door sales permit process shall
be administered by the Bellingham Police Department. The Town of Bellingham
No Solicitation Registry shall be administered by the Bellingham Town
Clerk.
A.
Each salesperson
must apply individually to the Bellingham 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 reasonable required.
B.
Failure
to submit any of the information listed above may be grounds for denial
of the permit.
C.
An application
fee to be established and adjusted from time to time by the Board
of Selectmen shall accompany each Town of Bellingham door-to-door
sales permit application.
D.
Background
check. Subject to the provisions of the Massachusetts Criminal Records
Offender Information Act, M.G.L. ch. 6, § 167 et seq., and
regulations set thereunder, the Bellingham Police Department shall
conduct a criminal records check of each applicant for a Town of Bellingham
door-to-door sales permit to determine the applicant's fitness and
suitability to conduct door-to-door sales. The background check shall
be initiated within seven days of receipt of the application. The
Bellingham Police Department may deny a permit hereunder if the background
check reveals any convictions for felonies or other offenses that,
in the judgment of the Department, may imperil the public health,
safety or welfare.
E.
A decision
on the application shall be issued by the Bellingham Police Department,
in writing, within 30 days following receipt of the results of the
background check.
A.
Residents
may submit their property for inclusion on the No Solicitation Registry,
without charge, to Bellingham Town Clerk.
B.
Upon approval
and issuance of a Town of Bellingham door-to-door sales permit, each
salesperson shall be provided with a copy of the No Solicitation Registry.
C.
The only
exceptions to the No Solicitation Registry shall be limited to Bellingham
youth groups serving children 17 years of age and under, politicians
campaigning and religious organizations. Such excepted organizations
and entities shall not be required to obtain a permit hereunder.
A.
No salesperson
shall engage in door-to-door sales without first having applied for
and received a Town of Bellingham 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 Bellingham 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 Bellingham door-to-door sales permit.
D.
No salesperson shall enter within the perimeter of any residential property included on the No Solicitation Registry. In addition to the fine(s) established below, inclusion of a residential property on the No Solicitation Registry except those identified in § 135-8C shall constitute notice prohibiting trespass under M.G.L. ch. 266 § 120.
E.
No salesperson shall solicit sales from a person situated within a residential property included on the No Solicitation Registry from street, sidewalk or other adjacent property except those identified in § 135-8C.
F.
Each salesperson
shall carry the Town of Bellingham 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 Bellingham door-to-door sales permit application.
H.
Door-to-door
sales shall not be conducted except during the hours between 9:00
a.m. and 7:00 p.m.
A.
Each violation
of any provision of this article shall be punished by a fine not to
exceed $100.
B.
Upon the
occurrence of a second violation of this article by any salesperson,
the issuing authority may, by seven days' prior written notice, revoke
that salesperson's Town of Bellingham door-to-door sales permit.
The invalidity of any portion of this article shall not invalidate
any other portion.
