[Adopted 5-8-2012 ATM, Art. 28]
This article shall be known as the "Door-to- Door Solicitation
Bylaw."
The practice of door-to-door solicitation may create a risk
to vulnerable populations such as the elderly and children, and the
practice of strangers appearing without invitation at one's home can
be intrusive, unpleasant, or frightening. Therefore, this article
is intended to regulate door-to-door solicitation by registering door-to-door
sales persons as defined herein and imposing reasonable time and manner
restrictions on their activities.
The words and phrases set forth below shall have the following
meanings for purposes of this bylaw:
The in-person solicitation for commercial purposes of sales
of goods or services for present or future delivery or attempt to
obtain gifts or contributions of money or any valuable thing for support
or benefit of any association, organization, corporation or project
wholly or in part for commercial purposes or by a professional solicitor
or commercial co-venturer for a charitable or other noncommercial
organization 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 door-to-door sales permit issued to a sales agent to engage
in door-to-door sales in accordance with this article.
The Chief of Police of the Town of Dennis, or the Chief's
designee.
The Police Department of the Town of Dennis.
Any entity engaged in the supervision, recruitment, retention,
or employment of a sales person or persons, including any person or
representative thereof.
Any person engaged in door-to-door sales.
Any person who directs or supervises a sales person or persons
engaged in door-to-door sales.
A.
Each sales person must apply for a permit individually to the Police
Department during posted administrative hours by submitting a completed
application, which shall include the following:
(1)
Government-issued photographic identification;
(2)
Date of birth;
(3)
Social security number (optional);
(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;
and
(11)
Such other identifying information as may be reasonably required,
provided that such information is requested of all individual applicants.
B.
Application fees for permits for sales persons and sales organizations
shall be established and adjusted from time to time by the Select
Board, which fees shall be posted in the offices of the Select Board,
Town Clerk, and Police Department, and payment for such fee shall
accompany each permit application.
[Amended 10-3-2020 STM by Art. 12]
C.
The Police Chief shall have three business days from the date of
the application to review and process the application and either deny
or issue the permit. If a permit is denied, such denial may be appealed
within seven days to the Town Hearing Officer, who shall review the
application and any information available to the Police Chief that
may be disclosed to said Hearing Officer and determine within seven
days of the filing of such appeal whether to uphold the decision of
the Police Chief.
D.
The permit shall be valid for six months, or such shorter time as
may be requested by the applicant, and may be extended for up to one
year upon a written request from the sales person or organization.
The Police Chief shall routinely grant such permits without
further inquiry, but shall, subject to the provisions of the Massachusetts
Criminal Records Offender Statute, MGL c. 6, § 167 et seq.,
and regulations promulgated thereunder, as well as any regulations
and policies adopted by the Town implementing said law, conduct a
criminal history records information check with respect to each applicant
for a door-to-door sales permit or a sales organization permit. The
Police Chief shall deny an application filed by a sales person whose
permit has been revoked under this bylaw within the two previous years,
who provided false information on the permit application, or who has
been convicted of murder/manslaughter, rape, robbery, arson, burglary/breaking,
entering, assault or larceny, 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
deny an application from a sales person or the signatory to a sales
organization permit application who is a sex offender required to
register with the Sex Offenders 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.
A.
No sales person shall engage in door-to-door sales without first
having applied for and received a permit.
B.
No sales organization shall allow any sales person to engage in door
to door sales that has not applied for and received a permit.
C.
No sales supervisor shall direct or supervise, direct, or allow any
sales person to engage in door to door sales that has not applied
for and received a permit.
D.
Each sales person shall carry the permit at all times while engaged
in door-to-door sales, and shall display said permit for inspection
by any person answering the door at a residential property where door-to-door
sales are solicited, and upon request by any police officer or Town
official.
E.
No sales person or supervisor shall use any vehicle to transport
persons or materials for door-to-door sales unless said vehicle is
identified in the permit application and the exterior of said vehicle
is marked with the name of the sales organization. All lettering shall
meet the standards applicable to commercial vehicles as required by
state law.
F.
Any sales person shall peacefully and immediately depart from a residential
property upon request by the occupant or any police officer.
G.
No sales person may falsely represent, directly or by implication,
the purpose for which he or she is engaging in door-to-door sales
or that such sales are being done on behalf of a governmental organization,
a municipal employee or elected official.
H.
Door-to-door sales shall not be conducted except during the hours
between 9:00 a.m. and 8:00 p.m. year round.
A.
Violations of this bylaw may be enforced by noncriminal disposition in accordance with the Town's Noncriminal Disposition Bylaw, Chapter 1, § 1-1, and the provisions of MGL c. 40, § 21D. Each day a violation exists shall constitute a separate violation. Each violation of any provision of this bylaw shall be punished by a fine of $100 for the first offense and $300 for the second and any subsequent offense.
B.
The Police Chief may immediately suspend any permit issued hereunder
in the event a sales person violates any provision of this bylaw or
any law intended to protect the public health and safety, and may
revoke the permit after a hearing.
The invalidity of any portion or portions of this article shall
not invalidate any other portion, provision or section thereof.
