[HISTORY: Adopted by the Annual Town Meeting of the Town
of Westwood 5-7-2012 by
Art. 35.[1] Amendments noted where applicable.]
This chapter shall be known as the "Door-to-Door Solicitation
Law of the Town of Westwood."
This chapter is intended to regulate door-to-door sales by licensing
sales agents; establishing a No Solicitation List; and promulgating
reasonable time and manner restrictions on door-to-door solicitation,
including enforcement of the No Solicitation List.
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
person 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 chapter.
A list of residential addresses in the Town, organized alphabetically
by street name, indicating those residential properties placed on
the list at the request of the owner or occupant indicating that they
do not want sales agents to enter their property.
Any entity engaged in the supervision, recruitment, retention,
or employment of a salesperson or -persons, 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(s) or
-person(s) engaged in door-to-door sales.
The Town of Westwood door-to-door sales permit process shall
be administered by the Westwood Police Department.
A.
Each salesperson must apply individually to the Westwood 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(s), his or her supervisor, or sales materials.
11.
Such other verifying information as may be reasonably required.
B.
An application fee to be established and adjusted from time to time
by the Board of Selectmen shall accompany each Town of Westwood door-to-door
sales permit application.
C.
The application will be considered and acted upon within two business
days of its submission. If not acted upon within two business days,
the applicant shall be notified.
[Added 5-6-2013 ATM by Art. 29]
[Amended 5-6-2013 ATM by Art. 29]
Subject to the provisions of the Massachusetts Criminal Records Offender Statute, MGL c. 6, § 167 et seq., regulations promulgated thereunder and Chapter 339, Fingerprint-Based Criminal Record Background Checks, of the Code of the Town of Westwood, the Westwood Police Department shall conduct a criminal records check of each applicant for a Town of Westwood door-to-door sales permit to determine the applicant’s fitness and suitability to conduct door-to-door sales.
A.
The No Solicitation List shall be established and maintained by the
Westwood Police Department. Residents may submit their property for
inclusion on the list without charge.
B.
Upon approval and issuance of a Town of Westwood door-to-door sales
permit, each salesperson shall be provided with a copy of the No Solicitation
List.
A.
No salesperson shall engage in door-to-door sales without first having
applied for and received a Town of Westwood 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 Westwood door-to-door
sales permit.
C.
No sales supervisor shall direct, supervise, or allow any salesperson
to engage in door-to-door sales who has not applied for and received
a Town of Westwood door-to-door sales permit.
D.
No salesperson shall enter within the perimeter of any residential
property included on the No Solicitation List. In addition to the
fine(s) established below, inclusion of a residential property on
the No Solicitation List shall constitute notice prohibiting trespass
under MGL c. 266, § 120.
E.
No salesperson shall solicit sales from a person situated within
a residential property included on the No Solicitation List from a
street, sidewalk or other adjacent property.
F.
Each salesperson shall carry the Town of Westwood 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 is 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 Westwood door-to-door sales permit application and
the exterior of said vehicle is marked with name of the sales organization
and the words "DOOR-TO-DOOR SALES." All required information shall
be in letters a minimum of four inches in height on both sides of
the vehicle.
H.
Door-to-door sales shall not be conducted except during the hours
between 9:00 a.m. and 7:00 p.m.
The invalidity of any portion or portions of this chapter shall
not invalidate any other portion, provision or section thereof.
