[HISTORY: Adopted by the Town of Georgetown 5-6-2013 Annual Town Meeting,
Art. 25. Amendments noted where applicable.]
A.
This bylaw, adopted pursuant to MGL c. 43B, Section 13, and Article
89 of the Amendments to the Constitution of the Commonwealth of Massachusetts
is intended to secure for residents of the Town of Georgetown the
tranquility which they reasonably expect to enjoy in the privacy of
their homes and to protect them from unreasonable intrusion by unrequested
and unwanted solicitation and canvassing and perpetration of fraud
or other crimes. It is framed with deep respect for the principles
embodied in the Constitutions of the United States and the Commonwealth
of Massachusetts and attempts to achieve a workable balance between
the right of free speech and the right of privacy. It is intended
to be framed narrowly and construed strictly to achieve its purpose
by imposing certain restrictions as to the time, place and manner
in which solicitation and canvassing are conducted.
B.
It is not intended to be applied to activities for religious, political,
newspaper distribution or public policy purposes or other noncommercial
purposes, regardless of whether such activities include acts that
would otherwise constitute soliciting or canvassing entitled to protection
under the First Amendment to the United States Constitution.
Shall be defined as set forth in Chapter 68, Section 18, of the General Laws.
Includes without limitation each individual dwelling unit.
Means traveling by foot, motor vehicle or any type of conveyance,
from place to place, from house to house, or from street to street,
for salary, commission or other remuneration, whether on behalf of
oneself or of another person, firm or corporation and:
Selling, leasing or taking orders for the sale of any goods,
wares, merchandise or services whatsoever, including without limitation
books, periodicals, food, and home improvement services, or attempting
to so sell, lease or take orders, whether or not advance payment on
such sales is collected; or
Seeking or requesting donations of money, goods or services
for 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;
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;
Seeking to enlist membership in any organization for commercial
purposes; or
Seeking to present, in person, organizational information for
commercial purposes.
A.
No person shall engage in solicitation or canvassing in or upon any
private residential property in the Town of Georgetown, and no firm,
corporation, organization or other entity shall arrange for any person
to engage in solicitation or canvassing in or upon any residential
property, without first registering with the Chief of Police or his
designee not less than three days before commencing such solicitation
or canvassing and obtaining from the Chief of Police or his designee
a certificate evidencing such registration;
B.
Persons engaged in solicitation or canvassing shall carry such certificate
or registration while so engaged and shall produce such certificate
upon the request of a police officer;
C.
Immediately upon encountering an occupant of any residential property,
a person engaged in solicitation or canvassing shall present such
certificate of registration for inspection and inform the occupant
of the nature and purpose of his business and, if he is representing
an organization, firm or other entity, the nature and purpose of such
organization, firm or other entity.
D.
Each person engaged in solicitation or canvassing in or upon any
residential premises shall immediately leave such premises upon the
request of the occupant;
E.
No person shall engage in solicitation or canvassing in or upon any
residential property upon which is displayed a sign prohibiting trespassing,
solicitation or canvassing;
F.
No person shall engage in solicitation or canvassing in or upon any
residential property 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 or such
other activities;
G.
No person engaging in solicitation or canvassing shall misrepresent
in any way his true objective, status or mission or that of any organization
on behalf of which he is so engaged;
H.
No person shall solicit, canvass or conduct any other activity at
any residence in a threatening, abusive or illegal fashion;
I.
Persons engaging in solicitation or canvassing shall comply with
all federal, state and local laws and regulations, including but not
limited to consumer protection laws such as MGL c. 93, 93A and 255D.
A.
Application. Persons seeking registration certificates in accordance
with this bylaw shall apply therefor, not less than three days before
commencing solicitation or canvassing in the Town of Georgetown. Such
application shall be signed under the penalties of perjury and shall
contain the following information on a form provided by the Chief
of Police or his designee:
(1)
Applicant's name;
(2)
Applicant's business, residence and local address;
(3)
Applicant's business, residence and local telephone numbers;
(4)
Applicant's date of birth;
(5)
Applicant's driver's license number and state of issue;
(6)
Applicant's sex, race, height, weight, hair color and eye color;
(7)
A copy of a photograph identification to the Police Department at
the time of application;
(8)
Length of time for which applicant seeks to conduct business in the
Town of Georgetown;
(9)
Description of the nature of the business and the goods or services
to be sold or purpose(s) for which donations are to be requested;
(10)
Name, home office address and home office telephone number of
applicant's employer, if any, or statement of self-employment;
(11)
If applicant is operating or being transported by a motor vehicle,
the year, make, model, color, registration number, state of registration,
owner's name and address of each such vehicle.
B.
Fee structure. Upon filing such application, each applicant shall
pay a nonrefundable filing fee in the amount of $25 in the form of
a check made payable to the Town of Georgetown.
A.
Upon receipt of an application for registration the Chief of Police
or his designee shall cause to make an investigation of the applicant's
background and reputation. Within three days of the filing of such
application, the Chief of Police or his designee shall either approve
such application and cause the certificate of registration to be issued
or deny such application, stating the reason(s) for such denial. Failure
of the Chief of Police or his designee to so act within three days
shall constitute approval of said application.
B.
Grounds for denial shall include but are not limited to the following:
(1)
A conviction in any state or federal court of the United States or
any court of a territory of the United States for any of the following
named offenses committed within seven years prior to the date of such
shall constitute grounds for denial of such application: burglary,
breaking and entering, larceny, robbery, receiving stolen property,
assault, fraud, sexual misconduct as specified in Chapter 265, Sections
13B and 22 through 24, and Chapter 272, Section 53A of the General
Laws, unlawfully carrying weapons, or the attempt of any such offense;
(2)
A 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 re-offense and pose a substantial degree
of dangerousness to minors and other person vulnerable to becoming
victims of sex crimes;
(3)
The failure to include any of the information requested in the application.
Each certificate of registration shall contain the signature of Chief of Police or his designee and shall show the name, the name of the employer of the holder of said certificate, if any, address and telephone number of the holder of said certificate as well as the date of issue and registration number. Additionally, each certificate will include proof of payment to the Town of Georgetown as described in § 130-4.
A.
Any applicant aggrieved by the action of the Chief of Police in denying
such application or in revoking such certificate of registration may
appeal in writing to the Board of Selectmen within seven days of the
action completed. The Board of Selectmen shall hold a hearing and
render a decision within 30 days of the date the appeal is received.
B.
If the Board of Selectmen fails to render a decision within 30 days,
the appeal shall be deemed to be upheld.
Each certificate of registration issued pursuant to this bylaw
shall expire 90 days from date of issue.
No certificate of registration may be transferred to any other
person or entity.
The Chief of Police or his designee may revoke the certificate
of registration of any solicitor or canvasser for violation of any
provision of this bylaw, or any applicable state or federal laws governing
soliciting and canvassing, or for providing false information on the
application. The Chief of Police or his designee shall deliver written
notice to the holder of the registration in person, or send to the
holder by certified mail at the address set forth in the application.
The Police Department shall keep a record of all certificate
of registration, including registration numbers, and application thereof,
for a period of six years after application. Enforcement of this bylaw
shall be by the Chief of Police, or his designee, by any available
means in law or equity, including but not limited to enforcement by
criminal complaint filed by the Police Department.
The provisions of this bylaw shall not apply to the following
persons:
A.
Any person exempted under Chapter 149, Section 69, children as newspaper
vendors, or any other General Law.
B.
Route salespersons or others having established customers making
periodic deliveries to such customers, including but not limited to
news carriers.
C.
Any officer or employee of the Town of Georgetown, county, state
or federal government on official business.
If any section, subsection, sentence, clause, phrase or portion
of this bylaw shall be declared invalid or held unconstitutional by
any court of last resort, the remainder shall continue in full force
and effect.
Whoever violates any provisions of this bylaw shall be liable
to a penalty of $100 for the first offense and $200 for each subsequent
offense.
