[HISTORY: Adopted by the Special Town Meeting
of the Town of Harwich 5-5-2009 by Art. 1. Amendments noted where applicable.]
No person shall behave in a rude, indecent or
disorderly manner, or use profane, indecent or insulting language,
or shout, scream and/or utter loud outcries without reasonable cause
in any public place in the Town to the annoyance or disturbance of
any person there being or passing, or loiter on any sidewalk or street
or about doorways or places of business to the annoyance or disturbance
of any person. Any person violating any of the provisions of this
bylaw shall be fined $50 for each offense.
No person, except any officer of the law in
performance of his duties, shall enter upon or remain upon the premises
of another with the intention of peeking, spying or looking into the
window, door or other aperture of a house or other structure in any
manner or upon any person or persons therein. Any person convicted
of this offense shall be punished by a fine of $50.
No person shall, between the hours of 8:00 p.m.
and 8:00 a.m., set up on any property, public or private, without
permission of the owner thereof, a camp, tent, trailer or vehicle
adapted to habitation, self-propelled or capable of being towed by
any other motor vehicle, or sleep in the open on any property, public
or private, without permission of the owner thereof within the territorial
limits of the Town of Harwich. Any person violating this bylaw shall
be punished by a fine of $50 for each offense.
[Added 5-2-2016 ATM by
Art. 45]
A.
Title. This bylaw shall be known as the "Door-to-Door Canvassing
and Solicitation By-Law Law of the Town of Harwich."
B.
Purpose. This bylaw, adopted pursuant to Article 89 of the Amendments
to the Constitution of the Commonwealth of Massachusetts, establishes
registration requirements and specific operational requirements for
persons intending to engage in door-to-door canvassing or solicitation
in the Town of Harwich 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 wish to communicate
either commercial or noncommercial messages.
C.
CANVASSING
(1)
(2)
(3)
CHARITABLE ORGANIZATION, PROFESSIONAL SOLICITOR and COMMERCIAL
CO-VENTURER
REGISTERED SOLICITOR
RESIDENCE
SOLICITING
(1)
(2)
(3)
(4)
(5)
Definitions. For the purpose of this bylaw, the following definitions
shall apply:
Shall mean and include 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 Chapter 68, § 18,
of the General Laws.
Any person who has obtained a valid certificate of registration
from the Town as required by this bylaw.
Shall mean and include every individual dwelling unit occupied
for residential purposes by one or more persons.
Shall mean and include 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.
D.
Registration. Every person or organization intending to engage in
soliciting or canvassing door-to-door in the Town of Harwich must
apply for a permit with the Chief of Police by filing a registration
application form with the Chief of Police. Applications for individual
registration shall be filed at least 10 business days in advance.
Applications for organizational registration shall be filed at least
three business days in advance.
(1)
Organization application forms shall include the following information:
(a)
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;
(b)
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;
(c)
The names and addresses of the person(s), if any, who will be
directly supervising the solicitation or canvassing operation in the
Town of Harwich;
(d)
A list of the names, addresses, and dates of birth of all individuals
who will be employed in solicitation or canvassing by the applicant;
(e)
Period of time for which certificate of registration is needed
(Note: No certificate may be granted for longer than a sixty-day period);
(f)
Names of the last three communities (if any) in which the organization
has conducted a solicitation or canvassing operation, complete with
the date issued and date expired; and
(g)
Insurance information and license, if applicable.
(2)
Individual registration forms shall be required for all individuals,
including those who are affiliated with an organization registered
hereof. Individual registration forms shall contain the following
information:
(a)
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;
(b)
Date of birth;
(c)
Name, address and telephone number of the person or organizations
whom 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;
(d)
Period of time for which certificate of registration is needed
(Note: No certificate may be granted for longer than a sixty-day period);
(e)
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;
(f)
Valid driver's license or other government-issued photo
identification; and
(g)
Make, model and registration number of any vehicle to be used
by the applicant while soliciting or canvassing.
E.
Registration fee. The registration fee shall be established and adjusted
from time to time by the Board of Selectmen, as necessary. The registration
fee shall accompany each application required by this bylaw.
F.
Registration cards.
(1)
The Chief of Police, after a review, but in no event more than 10
business days after receipt of a fully-completed application, shall
furnish each person with a registration card which shall contain the
following information:
(a)
The name of the person;
(b)
A recent photograph of the person;
(c)
The name of the organization (if any) which the person represents;
(d)
A statement that the individual has been registered with the
Town of Harwich Police Department but that registration is not an
endorsement of any individual or organization; and
(e)
Specific dates or period of time covered by the registration.
(2)
Persons engaged in solicitation or canvassing as defined in this
bylaw must display their Town-issued registration card on the outermost
portion of their clothing at all times while soliciting or canvassing
and show such card to any person solicited or upon the request of
any police officer.
(3)
Registration cards are valid only for the specific dates or time
period specified thereon and in no case for longer than 60 days.
(4)
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 Offenders 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.
G.
Exceptions.
(1)
Registration shall not be required for officers or employees of the
Town, county, state or federal governments when on official business.
(2)
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.
(3)
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.
H.
No Solicitation List.
(1)
A No Solicitation List shall be established and maintained by the
Harwich Police Department. Residents may submit their property for
inclusion on the list without charge.
(2)
Upon approval and issuance of a Town of Harwich registration card
required under this bylaw, each registered entity or individual shall
be provided with a copy of the No Solicitation List and may not solicit
or canvass at such premises.
I.
Duties of persons going door-to-door.
(1)
Upon going into any residential premises in the Town of Harwich,
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.
(2)
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.
(3)
Immediately upon gaining entrance to any residence, each solicitor
or canvasser as defined in this bylaw must do the following:
J.
Restrictions on methods of solicitation, canvassing, or other door-to-door
activities. It shall be unlawful for a solicitor, canvasser or other
person to do any of the following:
(1)
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;
(2)
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;
(3)
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;
(4)
Utilize any form of endorsement from any department head currently
employed or serving the Town of Harwich; and
(5)
Solicit, canvass or conduct any other activity at any residence in
a threatening, abusive or illegal fashion.
K.
Penalty.
(1)
Any person or organization who 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 Chapter 68 of the General Laws, shall be subject to a fine not to exceed $300 for each offense. When enforced through the noncriminal disposition procedures pursuant to Chapter 40, § 21D of the General Laws, the penalty shall be $100 for the first offense, $200 for the second offense, and $300 for the third offense and each subsequent offense. Each day that a violation continues shall be considered a separate offense.
(2)
Any person or organization who for himself, herself, itself, or through
its agents, servants or employees is found after investigation by
a police officer to have: violated any provision of this bylaw, or
any applicable state or federal laws governing soliciting or canvassing,
including but not limited to Chapter 68 of the General Laws; or knowingly
provided false information on the registration application 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.
L.
Appeals. 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 Board of Selectmen. Such appeal must be
filed within five days after receipt of the notice of denial or revocation.
The Board of Selectmen shall hear the appeal at its next scheduled
meeting after the filing of the written notice of appeal; provided,
however, that if the Board of Selectmen 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.
M.
Severability. Invalidity of any individual provision of this bylaw
shall not affect the validity of the bylaw as a whole.
