This article shall be known as the "Door-to- Door Solicitation
Bylaw."
The practice of door-to-door solicitation may create a risk
to vulnerable populations such as the elderly and children, and the
practice of strangers appearing without invitation at one's home can
be intrusive, unpleasant, or frightening. Therefore, this article
is intended to regulate door-to-door solicitation by registering door-to-door
sales persons as defined herein and imposing reasonable time and manner
restrictions on their activities.
The words and phrases set forth below shall have the following
meanings for purposes of this bylaw:
DOOR-TO-DOOR SALES
The in-person solicitation for commercial purposes of sales
of goods or services for present or future delivery or attempt to
obtain gifts or contributions of money or any valuable thing for 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 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.
PERMIT
A door-to-door sales permit issued to a sales agent to engage
in door-to-door sales in accordance with this article.
POLICE CHIEF
The Chief of Police of the Town of Dennis, or the Chief's
designee.
SALES ORGANIZATION
Any entity engaged in the supervision, recruitment, retention,
or employment of a sales person or persons, including any person or
representative thereof.
SALES SUPERVISOR
Any person who directs or supervises a sales person or persons
engaged in door-to-door sales.
The Police Chief shall routinely grant such permits without
further inquiry, but shall, subject to the provisions of the Massachusetts
Criminal Records Offender Statute, MGL c. 6, § 167 et seq.,
and regulations promulgated thereunder, as well as any regulations
and policies adopted by the Town implementing said law, conduct a
criminal history records information check with respect to each applicant
for a door-to-door sales permit or a sales organization permit. The
Police Chief shall deny an application filed by a sales person whose
permit has been revoked under this bylaw within the two previous years,
who provided false information on the permit application, or who has
been convicted of murder/manslaughter, rape, robbery, arson, burglary/breaking,
entering, assault or larceny, as such persons pose a substantial degree
of dangerousness to minors and other persons vulnerable to becoming
victims of the violent crimes so listed. The Police Chief shall also
deny an application from a sales person or the signatory to a sales
organization permit application 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 persons
vulnerable to becoming victims of sex crimes.
The invalidity of any portion or portions of this article shall
not invalidate any other portion, provision or section thereof.