[Adopted 4-25-2005 ATM, approved 6-8-2005 (Art. 30 of the 1981 Bylaws)]
[Amended 5-29-2013 STM, approved 10-8-2013]
This article establishes registration requirements and specific
operational requirements for persons intending to engage in door-to-door
canvassing or solicitation in the Town of Belmont in order to protect
its citizens from disruption of the peaceful enjoyment of their residences
and from the perpetration of fraud or other crimes and to allow for
reasonable access to residents in their homes by persons or organizations
who or which wish to communicate either commercial or noncommercial
messages.
[Amended 5-29-2013 STM, approved 10-8-2013]
For the purpose of this bylaw, the following definitions shall
apply:
Includes any one or more of the following door-to-door activities:
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; and
Seeking to present, in person, organizational information for
commercial purposes.
Shall be defined as set forth in MGL c. 68, § 18.
Any person who has obtained a valid certificate of registration
from the Town as required by this bylaw.
Includes every individual dwelling unit occupied for residential
purposes by one or more persons.
Includes any one or more of the following door-to-door activities:
Selling or seeking to obtain orders for the purchase of goods
or services, including advertising in any type of publication, for
any kind of consideration whatsoever;
Selling or seeking to obtain prospective customers for application
for purchase of insurance of any kind;
Selling or seeking to sell subscriptions to books, magazines,
periodicals, newspapers or any other type of publication;
Seeking to obtain gifts or contributions of money or any valuable
thing for the 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; and
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.
[Amended 5-29-2013 STM, approved 10-8-2013]
Every person or organization intending to engage in soliciting
or canvassing door to door in the Town of Belmont must file a registration
application form with the Police Chief. Applications for individual
registration shall be filed at least seven business days in advance.
Applications for organizational registration shall be filed at least
three business days in advance.
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 organization's principal officers.
If the organization is a charitable organization, a certification
that the most recent annual registration statement required to be
filed with the Attorney General's Division of Public Charities has
been so filed. If the organization is a professional solicitor or
a commercial co-venturer for a charitable organization, a copy of
the contract with the charitable organization must be provided with
this application. Failure to include a copy of the contract with the
charitable organization under such circumstances will render the application
incomplete and no action will be taken thereon;
(2)
The name, title and phone number, IRS or social security (optional)
number and valid driver's license or other government-issued photo
identification of the persons filing the application form;
(3)
The name and address of the person(s), if any, who will be directly
supervising the solicitation or canvassing operation in the Town of
Belmont;
(4)
A list of the names, addresses, and dates of birth of all individuals
who will 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, complete with
the date of issue and expiration date of any permit or registration
issued by those communities; and
(7)
Insurance information and license, if applicable.
B.
Individual registration forms shall be required for all individuals, including those who are affiliated with an organization registered under Subsection A hereof. 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
present address, the address of residence(s) during the past three
years;
(2)
Date of birth;
(3)
Name, address and telephone number of the person or organization
which the applicant represents and the length of time the applicant
has been associated with or employed by that person or organization.
If the individual is a professional solicitor or a commercial co-venturer
for a charitable organization, a copy of the contract, if any, with
the charitable organization must be provided with this application.
Failure to include a copy of the contract with the charitable organization
under such circumstances will render the application incomplete and
no action will be taken thereon;
(4)
Period of time for which certificate of registration is needed (note:
no certificate may be granted for longer than a ninety-day period);
(5)
Name of the last three communities (if any) in which the applicant
has solicited or canvassed door to door, complete with the date of
issue and expiration date of any permit or registration issued by
those communities;
(6)
Valid driver's license or other government-issued photo identification;
and
(7)
Make, model and registration number of any vehicle to be used by
the applicant while soliciting or canvassing.
There shall be no application fee or charge for an individual
registration card. Each organizational applicant for registration
or reregistration shall pay to the Town an application fee of $25.
A.
The Police Chief, after a review, but in no event more than seven
business days after receipt of a fully completed application, shall
furnish each person 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 Belmont Police Department but that registration is not an endorsement
of any individual or organization; and
(5)
Specific dates or period of time covered by the registration.
B.
Persons engaged in solicitation or canvassing as defined in this
bylaw must carry the registration card while soliciting or canvassing
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 routinely grant registrations without further
inquiry but shall refuse registration to an organization or an 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, felony assault,
or larceny over $250, 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 refuse
to register a person who is a sex offender required to register with
the Sex Offender Registry Board and who is finally classified as 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.
A.
Registration shall not be required for officers or employees of the
Town, county, state or federal government when on official business.
B.
Individual registration shall not be required for minors under the
age of 17.
C.
Nothing in this bylaw shall be construed to impose any registration
requirement or otherwise restrict or in any way regulate any activity
for religious, political, newspaper distribution or public policy
purposes or other noncommercial purposes, regardless of whether such
activity includes acts that would otherwise constitute soliciting
or canvassing.
A.
Upon going into any residential premises in the Town of Belmont,
every solicitor, canvasser or other person must first examine any
notice that may be posted prohibiting solicitation or other activities.
If such a notice is posted, the solicitor, canvasser or other person
shall immediately and peacefully depart from the premises.
B.
Any solicitor, canvasser or other person 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 solicitor
or canvasser as defined in this bylaw must do the following:
It shall be unlawful for a solicitor, canvasser or other person
to do any of the following:
A.
Falsely represent, directly or by implication, that the solicitation,
canvassing or other activity is being done on behalf of a governmental
organization or on behalf of any municipal employee or elected official;
B.
Solicit, canvass or conduct any other activity at any residence where
there is a posted sign prohibiting the same, without express prior
permission of an occupant;
C.
Solicit, canvass or conduct any other activity at any residence 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;
[Added 10-24-2005 STM, approved 11-16-2005]
D.
Utilize any form of endorsement from any department head currently
employed or serving the Town of Belmont; and
E.
Solicit, canvass or conduct any other activity at any residence in
an illegal fashion.
[Amended 5-29-2013 STM, approved 10-8-2013]
A.
Any person or organization who or which shall violate any of the
provisions of this bylaw or any applicable state or federal laws governing
soliciting or canvassing, including but not limited to MGL c. 68,
shall be subject to a fine of $300 for each offense.
B.
Any person or organization who or which for himself, itself, or through its agents, servants or employees is found after investigation by a police officer to have violated any provision of § 60-430 or 60-435 of this bylaw, or any applicable state or federal laws governing soliciting or canvassing, including but not limited to MGL c. 68, or knowingly provided false information on the registration application shall have his, her or its registration revoked by the Police Chief 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.
Any person or organization who or which 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 a 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 bylaw shall not
affect the validity of the bylaw as a whole.
