The City, acting upon reports of the Waltham Police Department,
has determined that there is a serious issue in the City relative
to the need to protect the citizens of Waltham in their homes from
"film flam" con artists and to otherwise deter crime, including burglaries
and violent crimes, and to protect the City's residents from fraud.
The City has further determined that private homes are personal sanctuaries
that enjoy a unique status in constitutional jurisprudence such that
the government has a sufficient interest in their protection to enable
it to enact an ordinance which prevents the invasion of consumer privacy
and combats the danger of abusive, intimidating, or threatening home
solicitations. In particular, with respect to the "no solicitation"
portion of this article, the City has determined that commercial solicitations
are more intrusive and pose a greater danger of consumer abuse than
charitable and political calls. The City also recognizes that reasonable
access to residents in their homes by persons or organizations who
wish to communicate either commercial or noncommercial messages is
protected by the First Amendment to the Constitution of the United
States and thus the methods of regulation set forth herein are intended
to be the least restrictive means possible and are designed to be
content-neutral.
This article, adopted pursuant to MGL c. 43, § 5 and
Article 89 of the Amendments to the Constitution of the Commonwealth
of Massachusetts, establishes registration requirements and specific
operational requirements for persons intending to engage in door-to-door
canvassing or solicitation in the City of Waltham, and this article
is adopted for the reasons stated above.
[Ord. No. 30914, 6-23-2008]
For the purposes of this article, the following definitions
shall apply:
Shall mean and include any one or more of the following door-to-door
activities:
Person-to-person distribution of literature, periodicals, or
other printed materials for commercial purposes, but shall not include
placing or dropping off printed materials on the premises or mail
deliveries;
Seeking to enlist membership in any organization for commercial
purposes; and
Seeking to present, in person, organizational information for
commercial purposes.
Shall be defined as set forth in MGL c. 68, § 18.
Shall be defined as set forth in MGL c. 68, § 18.
Shall be defined as set forth in MGL c. 68, § 18.
Any person who has obtained a valid certificate of registration
from the City as required by this article.
Shall mean and include every individual dwelling unit occupied
for residential purposes by one or more persons.
Shall mean and include any one or more of the following door-to-door
activities:
Selling, or seeking to obtain orders for the purchase of goods
or services, including advertising in any type of publication, for
any kind of consideration whatsoever.
Selling or seeking to obtain prospective customers for application
for purchase of insurance of any kind.
Selling, or seeking to sell, subscriptions to books, magazines,
periodicals, newspapers or any other type of publication.
Seeking to obtain gifts or contributions of money or any valuable
thing for the 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.
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.
[Ord. No. 30914, 6-23-2008]
Every person or organization intending to engage in soliciting
or canvassing door-to-door in the City of Waltham must apply for a
certificate of registration by filing a registration application form
with the Police Chief. Applications shall be filed at least five business
days in advance. All certificates of registration, in the form of
a registration card, shall be issued by the Police Chief within five
business days of receipt of the applications upon determination by
the Police Chief that all required information has been provided and
that none of the reasons authorizing denial of a certificate of registration,
as stated below, are present.
(a)
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 organization's principal officers.
If the organization is a charitable organization, a certification
that the most recent Annual Registration Statement required to be
filed with the Attorney General's Division of Public Charities has
been so filed. If the organization is a professional solicitor or
a commercial co-venturer for a charitable organization, a copy of
the contract with the charitable organization must be provided with
this application. Failure to include a copy of the contract with the
charitable organization under such circumstances will render the application
incomplete and no action will be taken thereon;
(2)
The name, title and telephone number, IRS or Social Security (optional)
number, and valid driver's license or other government-issued photo
identification of the person(s) 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 City of
Waltham;
(4)
A list of the names, addresses, dates of birth of all individuals
who will be employed in solicitation or canvassing by the applicant;
(5)
Period of time for which the certificate of registration is sought,
which period shall not be longer than 90 days;
(6)
Names of the last three communities, if any, in which the organization
has conducted a solicitation or canvassing operation, complete with
the dates such solicitation or canvassing operation commenced and
concluded; and
(7)
Insurance information and license, if applicable.
(b)
Individual registration forms shall be required for all individuals, including those who are affiliated with an organization registered under Section 8-42(a) hereof. 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
present address, the address of residence(s) during the past three
years;
(2)
Date of birth;
(3)
Name, address and telephone number of the person or organization
whom the applicant represents, if any, and the length of time the
applicant has been associated with or employed by that person or organization.
If the individual is a professional solicitor or a commercial co-venturer
for a charitable organization, a copy of the contract, if any, with
the charitable organization must be provided with this application.
Failure to include a copy of the contract with the charitable organization
under such circumstances will render the application incomplete and
no action will be taken thereon;
(4)
Period of time for which the certificate of registration is sought,
which period shall be no longer than 90 days;
(5)
Name of the last three communities, if any, in which the applicant
has solicited or canvassed door-to-door, complete with the dates such
solicitation or canvassing operation commenced and concluded;
(6)
Valid driver's license or other government-issued photo identification;
and
(7)
Make, model and registration number and state of any vehicle to be
used by the applicant while soliciting or canvassing.
(8)
Each individual applicant for a certificate of registration shall
sign a form authorizing the Chief of Police to conduct a CORI (Criminal
Offender Registry Information) check of the individual.
[Ord. No. 30914, 6-23-2008]
There shall be no application fee or charge for an individual
registration card. Each organization applying for a certificate of
registration or reregistration shall pay to the City an application
fee of $25, which shall be used solely to cover the cost of examining
and investigating the information contained in the application form.
[Ord. No. 30914, 6-23-2008]
(a)
The Police Chief, after a review, but in no event more than five
business days after receipt of a fully completed application, shall
furnish each person 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 person has registered with the City of Waltham
Police Department but that said registration does not constitute endorsement
of or support for any individual or organization; and
(5)
The specific dates or period of time covered by the registration.
(b)
Persons engaged in soliciting or canvassing, as defined by this article,
must carry the registration card while soliciting or canvassing and
must present said card to any person solicited or canvassed or, upon
request, to any police officer.
(c)
Registration cards are valid only for the specific dates or time
period specified thereon and in no case for longer than 90 days. Each
such registration card shall state thereon the date upon which the
registration expires. Upon the date so stated, the registration shall
automatically expire. This provision, however, shall not bar an individual
and/or organization from seeking and obtaining registration cards
for successive ninety-day periods upon reapplication using the same
process as that used for the initial application process.
(d)
The Police Chief shall routinely grant registrations without further
inquiry but shall refuse registration to an organization or individual
whose registration has been revoked within the previous two-year period
for violation of any provision of this article or to any individual
who has been convicted of murder/manslaughter, rape, robbery, arson,
burglary/breaking and entering, or felony assault, as such persons
have been determined by the City to pose a substantial degree of dangerousness
to minors, senior citizens, and other persons vulnerable to becoming
victims of the violent crimes so listed. The Police Chief shall also
refuse to issue a registration card to any person 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 reoffense
and pose a substantial degree of dangerousness to minors, senior citizens,
and other persons vulnerable to becoming victims of sex crimes.
[Ord. No. 30914, 6-23-2008]
(a)
Registration shall not be required for officers or employees of the
City, state, or federal government when on official government business.
(b)
Individual registration shall not be required for minors under the
age of 17.
(c)
Nothing in this article shall be construed to impose any registration
requirement or otherwise restrict or in any way regulate any activity
for religious, political, newspaper distribution or public policy
purposes or other noncommercial purposes, regardless of whether such
activity includes acts that would otherwise constitute soliciting
or canvassing.
[Ord. No. 30914, 6-23-2008]
(a)
Upon approaching any residential premises in the City of Waltham,
every solicitor, canvasser or other person must first examine any
notices or signs posted on the property prohibiting solicitation or
other activities. If such a notice or sign is posted, the solicitor,
canvasser or other person must refrain from entering the property,
and if the notice or sign was not visible until the property was entered,
the solicitor, canvasser or other person must then immediately leave
the premises.
(b)
No solicitor, canvasser or other person shall enter any premises
which are identified on the "no solicitation" list, described below,
on file at the Waltham Police Department.
(c)
Any solicitor, canvasser or other person who has gained entrance
to any residence, whether invited or not, shall immediately and peacefully
leave the premises when requested to do so by the occupant.
(d)
Immediately upon gaining entrance to any residence, each solicitor
or canvasser, as defined by this article, must do the following:
(1)
Present his/her registration card for inspection by the occupant;
(2)
Request that the occupant read the registration card; and
(3)
Inform the occupant in clear language of the nature and purpose of
his/her business and, if he/she is representing an organization, the
name and nature of that organization.
[Ord. No. 30914, 6-23-2008]
It shall be unlawful for a solicitor, canvasser or other person
to do any of the following:
(a)
Falsely represent, directly or by implication, that the solicitation,
canvassing or other activity is being done on behalf of a governmental
organization or on behalf of any municipal employee or elected official.
(b)
Use any plan, scheme or ruse which misrepresents the true status
or mission of the person making the call in order to gain admission
to a prospective buyer's home.
(c)
Solicit, canvass or conduct any other activity at any residence where
there is a posted notice or sign prohibiting the same, without express
prior permission of an occupant.
(d)
Solicit, canvass or conduct any other activity at any residence which
is on the "no solicitation" list described below, without the express
prior permission of an occupant.
(e)
Solicit, canvass or conduct any other activity at any residence,
without express prior permission of an occupant, before 9:00 a.m.
or after 8:00 p.m. where there is no sign or notice posted on the
property which otherwise limits solicitation or the hours of solicitation
or such other activities.
(f)
Utilize any form of endorsement from any department head currently
employed by the City of Waltham.
(g)
Solicit, canvass or conduct any other activity at any residence in
an illegal fashion.
[Ord. No. 30914, 6-23-2008]
(a)
Any person, firm or corporation who is the owner or lawful tenant
or occupant of any private residence within the City of Waltham may
prohibit the practice of going in or upon the private residence of
such owner or occupant, by uninvited solicitors or canvassers, as
defined in this article, by placing a sign upon its property which
reads "No Solicitation" in a location which is reasonably visible
to persons who intend to enter upon such residential property.
(b)
Any person, firm or corporation who is the owner or lawful tenant or occupant of any private residence within the City of Waltham may prohibit the practice of going in or upon the private residential property and/or the private residence of such owner or occupant, by solicitors or canvassers, as defined in this article, by registering its property in accordance with Subsection (c) of this section and by posting upon each such registered residential property a sign which reads "No Solicitation" in a location which is reasonably visible to persons who intend to enter upon such residential property.
(c)
The registration authorized by Subsection (b) hereof shall be made by filing a "No Solicitation Registration Form" at the office of the Chief of Police, on a form furnished by the Chief for such purpose. The form shall be completed by the property owner or occupant, and it shall contain the following information:
(d)
A resident of the City of Waltham may mail said form to the Police
Chief, fill it out at the Police Department or request inclusion on
the "no solicitation" list by telephone call to the Police Department.
In the case of telephone request, the Police Chief shall verify that
the person calling resides at the address identified by making a return
telephone call to the telephone number provided for said residence.
(e)
All residences requesting inclusion on the "no solicitation" list
shall be placed on said list by the Police Chief.
(f)
The Police Chief shall supply every applicant for a certificate of
registration with a copy of said list.
[Ord. No. 30914, 6-23-2008]
The provisions of this article shall be enforced by the Waltham Police Department. In addition to the other means of enforcement otherwise available for violations of this article, including but not limited to, where applicable, the provisions of Section 1-13(a) of the General Ordinances, violations may be penalized, as provided by MGL c. 40, § 21D, pursuant to the noncriminal disposition provisions of Section 1-13(b) of the General Ordinances.[1] For purposes of Section 1-13(b), police officers shall be the enforcing officers for provisions of this article. Such police officers shall receive training annually within the Police Department or at such other location as the Police Chief shall determine with respect to First Amendment free speech rights to enable such police officers to apply this article in a constitutionally appropriate manner.
[Ord. No. 30914, 6-23-2008]
(a)
Any person or organization who shall violate any of the provisions
of this article or shall violate any applicable provisions of state
or federal laws governing soliciting or canvassing, including, but
not limited to, MGL c. 68, shall be subject to a fine of $300 for
each offense.
(b)
Any person or organization who for himself, itself or through its agents servants or employees is found, after investigation by a police officer, to have 1) violated any provision of Section 8-46 or 8-47, or any applicable state or federal laws governing soliciting or canvassing, including but not limited to MGL c. 68; or 2) knowingly provided false information on the registration application required by Section 8-42 of the ordinance, shall have his/her/its registration revoked by the Police Chief by written notice delivered to the holder of the registration card in person or sent to the holder by certified mail at the address set forth in the application.
[Ord. No. 30914, 6-23-2008]
Any person or organization who is denied registration or whose
registration has been revoked by the Police Chief may appeal by filing
a written notice of appeal with the Waltham City Council. Such appeal
must be filed in the City Clerk's office within five days after receipt
of the notice of denial or revocation. The date of receipt of the
notice shall not be counted in the five days, but the date on which
the appeal is actually filed shall be so included. The City Council
shall hear the appeal at its next regularly scheduled meeting after
the filing of said written notice of appeal; provided, however, that
if the City Council 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.
[Ord. No. 30914, 6-23-2008]
This article shall be construed and applied so as to be consistent
with the Constitution of the United States relative to First Amendment
free speech issues and relevant case law as developed by the United
States Supreme Court and other courts with applicable jurisdiction.
If any portion of this article should be determined by a court of
competent jurisdiction to be invalid, such invalidity shall not affect
the validity of this article as a whole or any other portion hereof.
