[HISTORY: Adopted by the Town of Yarmouth as indicated in article histories. Amendments noted where applicable.]
Peace and good order — See Ch. 112.
[Adopted 5-4-2009 ATM by Art. 31, approved 8-24-2009]
This article shall be known as the "Door-to-Door Solicitation Law of the Town of Yarmouth."
Many residents complain to the Police Department each year about door-to-door solicitation. Some indicate that being the target of solicitation in their homes is annoying, intrusive, and unpleasant. Others are concerned at having strangers approaching their homes uninvited. Many seek assurance that the solicitors are known to Town officials and properly licensed. Senior citizens and retirees constitute a substantial portion of our population. This group is particularly vulnerable to crime, particularly fraud, identity theft, and larceny.
This article 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:
- DOOR-TO-DOOR SALES
- 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 persons located on residential property from a street, sidewalk or other adjacent property, without the prior invitation of the person to be solicited.
- DOOR-TO-DOOR SALES PERMIT
- A permit issued to a sales agent to engage in door-to-door sales in accordance with this article.
- NO SOLICITATION LIST
- 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 he or she does not want sales agents to enter his or her property.
- SALES ORGANIZATION
- Any entity engaged in the supervision, recruitment, retention or employment of a salesperson or salespersons, including any person or representative thereof.
- Any person engaged in door-to-door sales of goods or services for present or future delivery.
- SALES SUPERVISOR
- Any person who directs or supervises a salesperson or salespersons engaged in door-to-door sales.
The Town of Yarmouth door-to-door sales permit process shall be administered by the Yarmouth Police Department.
Each salesperson must apply individually to the Yarmouth Police Department during posted administrative hours by submitting a completed application, which shall require:
Government-issued photographic identification.
Date of birth.
Social security number.
Permanent residential address.
Home telephone number.
Temporary local address.
Current cell phone number.
Sales organization information.
Sales supervisor identity.
Make, model, color, and registration number of any vehicle(s) used to transport the sales agent, his/her supervisor, or sales materials.
Such other verifying information as may be reasonably required.
An application fee to be established and adjusted from time to time by the Board of Selectmen shall accompany each Town of Yarmouth door-to-door sales permit application.
Subject to the provisions of the Massachusetts Criminal Records Offender Statute, MGL c. 6, § 167 et seq., and regulations promulgated thereunder, the Yarmouth Police Department shall conduct a criminal records check of each applicant for a Town of Yarmouth door-to-door sales permit to determine the applicant's fitness and suitability to conduct door-to-door sales.
The No Solicitation List shall be established and maintained by the Yarmouth Police Department. Residents may submit their property for inclusion on the list without charge.
Upon approval and issuance of a Town of Yarmouth door-to-door sales permit, each salesperson shall be provided with a copy of the No Solicitation List.
No salesperson shall engage in door-to-door sales without first having applied for and received a Town of Yarmouth door-to-door sales permit.
No sales organization shall allow any salesperson to engage in door-to-door sales who has not applied for and received a Town of Yarmouth door-to-door sales permit.
No sales supervisor shall direct or supervise, direct, or allow any salesperson to engage in door-to-door sales who has not applied for and received a Town of Yarmouth door-to-door sales permit.
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.
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.
Each salesperson shall carry the Town of Yarmouth 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 are solicited.
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 Yarmouth door-to-door sales permit application and the exterior of said vehicle is marked with the 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.
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 article shall not invalidate any other portion, provision or section thereof.