[HISTORY: Adopted by the Town Meeting of the Town of Walpole as Article XIII, Sec. 17, of the 1973 General Bylaws, as updated through 2002. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Enforcement by noncriminal disposition — See Ch. 295, Art. II.
Sale of stink bombs by peddlers — See Ch. 487.
This chapter, adopted pursuant to MGL c. 43B, § 13, and Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts, establishes registration requirements and specific operation requirements for persons intending to engage in door-to-door canvassing or solicitation in the Town of Walpole in order to:
A. 
Protect its citizenry from disruption of the peaceful enjoyment of the residences and from the perpetration of fraud or other crimes; and
B. 
To allow for reasonable access to residents in their homes by persons or organizations who wish to communicate either commercial or non-commercial messages.
CANVASSING
Shall mean and include any one or more of the following door-to-door activities:
A. 
Person-to-person distribution of literatures, periodicals, or other printed materials, but shall not include placing or dropping off printed materials on the premises;
B. 
Seeking to enlist membership in any organization;
C. 
Seeking to present, in person, organizational information.
REGISTERED SOLICITOR
Shall mean any person who has obtained a valid certificate of registration from the Town as required by this bylaw.
RESIDENCE
Shall mean and include every individual dwelling unit occupied for residential purposes by one or more persons.
SOLICITING
Shall mean and include any one or more of the following door-to-door activities:
A. 
Selling or seeking to obtain orders from the purchase of goods or services for any kind of consideration whatever;
B. 
Selling or seeking to obtain prospective customers for application of purchase of insurance of any kind;
C. 
Seeking to obtain subscriptions to books, magazines, periodicals, newspapers, or any other type of publication;
D. 
Seeking to obtain gifts or contributions money, clothing, or any other valuable thing for the support or benefits of any association, organization, corporation or project;
E. 
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.
Every person or organization intending to engage in commercial soliciting or canvassing door-to-door in the Town of Walpole must register with the Police Department at least three days in advance by filing a registration application form with the Chief of Police.
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 organizations' principal officers.
(2) 
The name, title and telephone number, IRS or Social Security number of the persons 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 Town of Walpole.
(4) 
A list of the names, addresses, dates of birth of all individuals who will all be employed in solicitation or canvassing by the applicant.
(5) 
Period of time for which certificate of registration is needed (note: no certificate may be granted for longer than a ninety-day period).
(6) 
Names of the last three communities (if any) in which the organization has conducted a solicitation or canvassing operation.
B. 
Individual registration forms shall be required for all individuals, including those who are affiliated with an organization registered under Subsection A. 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 a present address, the address of residence(s) during the past three years.
(2) 
Date of birth.
(3) 
Name and address and telephone number of the person or organization whom the applicant represents and the length of time the applicant has been associated with or employed by that person or organization.
(4) 
Name and address of employer during the past three years if other than listed in this § 476-3.
(5) 
Period of time for which certificate of registration is needed (note: no certificate may be granted for longer than a ninety-day period).
(6) 
Name of the last three communities (if any) in which the applicant has solicited or canvasses door-to-door.
(7) 
Social Security Number. (Option)
(8) 
Recent passport-sized photograph of the applicant to be affixed to registration card.
(9) 
Make, model and registration number of any vehicle to be used by the applicant while soliciting or canvassing.
[Amended 5-11-2005 SATM, Art. 45]
Each applicant for registration or re-registration shall pay a fee of $10 to the Town.
A. 
The Police Chief, after a review shall furnish each person engaged in solicitation or canvassing 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 individual has been registered with the Town of Walpole Police Department but that registration is not an endorsement of any individual or organization.
(5) 
Specific dates or period of time covered by the registration.
B. 
Persons engaged in solicitation or canvassing must carry the registration card at all times and present the card to any person solicited or upon the request of 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.
D. 
The Police Chief shall refuse to register an organization or individual whose registration has been revoked for violation of this bylaw within the previous two-year period, or who has been convicted of murder, manslaughter, rape, robbery, arson, burglary/breaking and entering, assault, larceny.
A. 
Registration shall not be required for officers or employees of the Town, County, State or Federal governments when on official business.
B. 
Individual registration shall not be required for minors under the age of 18 except in connection with canvassing or soliciting on behalf of a profit organization, newspaper carriers excepted.
C. 
Registration shall not be required for individuals seeking to engage in exclusively non-commercial communication.
A. 
It shall be the duty of every solicitor or canvasser, upon going into any residential premises in the Town of Walpole, to first examine any notice which may be posted prohibiting solicitation. If such a notice is posted, the soliciting or canvasser shall immediately and peacefully depart from the premises.
B. 
Any solicitor or canvasser who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.
C. 
Immediately upon gaining entrance to any residence, each registered solicitor or canvasser must do the following:
(1) 
Present his registration card for inspection by the occupant.
(2) 
Request that the occupant read the registration card.
(3) 
Inform the occupant in clear language of the nature and purpose of his business and, if he is representing an organization, the name and nature of that organization.
D. 
It shall be the duty of every organization employing solicitors or canvassers to notify the Police Department daily as to what area(s) of the Town they will be operating in.
It shall be unlawful for a solicitor or canvasser to do any of the following:
A. 
Falsely represent, directly or by implication, that the solicitation or canvassing is being done on behalf of a governmental organization.
B. 
Solicit or canvass at any residence where there is a posted sign prohibiting solicitation, without express prior permission of an occupant.
C. 
Solicit or canvass 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 posted otherwise limiting solicitation or the hours of solicitation.
A. 
Any person or organization who, after being advised and given a copy of this bylaw, violated any of the provisions of this bylaw shall be subject to a fine not to exceed $300 for each offense.
B. 
Any person or organization who for himself, itself, or through its agents, servants or employees violated any provision of § 476-7 or 476-8 of this bylaw, or who knowingly provides false information on the registration application, or who is found, after investigation by a police officer, to have conducted himself or itself in a threatening, abusive, or illegal fashion, shall have his, her, or its registration revoked by the Chief of Police by written notice delivered to the holder of the registration in person, or sent to the holder by certified mail at the address set forth in the application.
[Amended 10-21-2019 FATM, Art. 20]
Any person or organization who is denied registration or whose registration has been revoked may appeal by filing a written notice of appeal with the Select Board. Such appeal must be filed within five days after receipt of the notice of denial or revocation. The Select Board shall hear the appeal at its next scheduled meeting after the filing of the written notice of appeal, provided, however, that if the Select Board fails to make determination within 30 days after the filing of the appeal, the registration shall be deemed granted or reinstated as the case may be.
Invalidity of any individual provision of this chapter shall not affect the validity of the bylaw as a whole.