[Adopted 5-7-2019 ATM by Art. 8]
This bylaw, adopted pursuant to MGL c. 43B, § 13 and
Article 89 of the Amendments to the Constitution of the Commonwealth
of Massachusetts, establishes registration requirements and specific
operation requirements for all persons intending to engage in door-to-door
canvassing or solicitation in the Town of Avon in order to:
A. Protect
its citizenry from disruption of the peaceful enjoyment of the residences
and from the perpetration of fraud or other crimes; and
B. Allow for
reasonable access to residents in their home by persons or organizations
who wish to communicate either commercial or noncommercial messages.
As used in this bylaw, the following terms shall have the meanings
indicated:
CANVASSING
Includes any one or more of the following door-to-door activities:
A.
Person-to-person distribution of literature, periodicals, or
other printed materials, but shall not include placing or dropping
off printed materials on the premises;
B.
Circulation of petitions;
C.
Seeking to enlist membership in any organization;
D.
Seeking to present, in person, organizational information or
doctrine.
REGISTERED SOLICITOR
Any person who has obtained a valid certificate of registration
from the Town as required by this bylaw.
RESIDENCE
Includes every individual dwelling unit occupied for residential
purposes by one or more persons.
SOLICITING
Includes any one or more of the following door-to-door activities:
A.
Selling or seeking to obtain orders for the purchase of goods
or services for any kind of consideration whatsoever;
B.
Selling or seeking to obtain prospective customers for application
or purchase of insurance of any kind;
C.
Seeking to obtain subscriptions to books, magazines, periodicals,
newspapers or any other type of publication;
D.
Seeking to obtain gifts or contributions of money, clothing,
or any other valuable thing for the support or benefit of any association,
organization, corporation or project;
E.
Seeking to obtain information on the background, occupation,
economic status, political or religious 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.
Every person or organization intending to engage in soliciting
or canvassing door-to-door in the Town of Avon must register with
the Police Department at least three days in advance by filing a registration
application form with the Chief of Police.
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;
(2) The name, title and telephone number, IRS or social security number
of the person filing the application form;
(3) The name and addresses of the person(s), if any, who will be directly
supervising the solicitation or canvassing operation in the Town of
Avon;
(4) A list of the names, addresses, dates of birth, and social security
numbers of all individuals who will be employed in solicitation or
canvassing by the applicant;
(5) Period of time for which the 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.
B. Individual registration forms shall be required for all individuals, including those who are affiliated with an organization registered under Subsection
A. 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;
(3) Name and address and telephone number of the person or organization
whom the applicant represents and the length of time the applicant
has been associated with or employed by that person or organization;
(4) Name and address of employer during the past three years if other than as listed in Subsection
B(3);
(5) Period of time for which the 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 applicant
has solicited or canvassed door-to-door;
(8) Recent passport-sized photograph of the applicant to be affixed to
the registration card;
(9) Make, model and registration number of any vehicle to be used by
the applicant while soliciting or canvassing.
Each applicant for registration or re-registration shall pay
a fee as posted with the Town Clerk.
It shall be unlawful for a solicitor or canvasser to do any
of the following:
A. Falsely represent, directly or by implication, that the solicitation
or canvassing is being done on behalf of a governmental organization;
B. Solicit or canvass at any residence where there is a posted sign
prohibiting solicitation, without express prior permission of an occupant;
C. Solicit or canvass at any residence without express prior permission
of an occupant before 9:00 a.m. or after 8:00 p.m. where there is
no sign posted otherwise limiting solicitation or the hours of solicitation.
[Amended 1-28-2023 STM by Art. 9]
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 the receipt of the written notice described in §
184-9B. 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.
[Adopted 5-7-2019 ATM by Art. 8; amended in its entirety 1-28-2023 STM by Art. 9]
No person shall sell, solicit or display goods, products, articles,
wares or merchandise of any kind or nature upon or adjacent to any
Town way or in or upon any public property, or from door to door within
the Town unless licensed by the Select Board.