This bylaw, adopted pursuant to G.L. 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 persons intending to engage in canvassing or solicitation door-to-door in the Town of Lanesborough in order to protect its citizens from disruption of the peaceful enjoyment of their residences, 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.
[HISTORY: Adopted by the Town Meeting of the Town of Lanesborough 6-8-2021 ATM by Art. 22. Amendments noted where applicable.]
For the purpose of this bylaw, the following definitions shall apply:
Includes any one or more of the following activities door-to-door or on a public way:
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;
Seeking to present, in person, organizational information for commercial purposes.
Shall be defined as set forth in G.L. 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 activities conducted door-to-door:
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;
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.
Every person or organization intending to engage in soliciting or canvassing door-to-door in the Town of Lanesborough must apply for a permit with the Chief of Police at least 14 business 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 organizations' principal officers. If the organization is a charitable organization, a copy of the annual registration statement filed with the Attorney General's Division of Public Charities must be provided with this application. Failure to include a copy of the annual registration statement under such circumstances will render the application incomplete and no action will be taken thereon. 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, as well as a photo identification of the persons filing the application form.
(3)
The names and address of the person(s), if any, who will be directly supervising the solicitation or canvassing operation in the Town of Lanesborough.
(4)
A list of the names, addresses, 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 sixty-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 issued and date expired.
(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 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.
(4)
Name and address of employer during the past three years if other than listed in Subsection A hereof.
(5)
Period of time for which the certificate of registration is needed (Note: No certificate may be granted for longer than a sixty-day period.).
(6)
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.
(7)
Photo identification and recent passport-sized photograph of the applicant to be affixed to the registration card.
(8)
Make, model and registration number and owner of any vehicle to be used by the applicant while soliciting or canvassing.
Each applicant for registration or re-registration shall pay to the Town an application fee and a registration card fee in amounts set from time to time by the Select Board.
A.
The Police Chief, after a review, but in no event more than 14 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 Lanesborough Police Department but that registration is not an endorsement of any individual or organization.
(5)
Specific dates or period of time covered by the registration.
B.
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.
C.
Registration cards are nontransferable and valid only for the specific dates or time period specified thereon and in no case for longer than 60 days.
D.
The Police Chief shall refuse to register an organization or 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, assault, larceny, as such persons pose a substantial degree of danger 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 reoffense and pose a substantial degree of danger 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 governments when on official business; however, best efforts will be made for government officials to notify the Chief of Police of such official business in Town.
B.
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.
A.
Upon going into any residential premises in the Town of Lanesborough, 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:
D.
It shall be the duty of every organization employing solicitors or canvassers within the definition of this bylaw to notify the Police Department daily as to what area(s) of the Town they will be operating in.
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.
D.
Utilize any form of endorsement from any department head currently employed or serving the Town of Lanesborough.
E.
Solicit, canvass or conduct any other activity at any residence or on any public way in a threatening, abusive, or illegal fashion.
A.
Any person or organization that violates any of the provisions of this bylaw is subject to a fine of $300 for each offense. Each day that a person solicits or canvasses without a registration or license as required shall constitute a separate offense.
B.
Any person or organization who for himself, itself, or through its agents, servants or employees shall violate any provision of § 101-7 or § 101-8 of this bylaw, or any applicable state or federal laws governing soliciting or canvassing, including but not limited to G.L. c. 68, or who knowingly provides false information on the registration application, or who is found, after investigation by a police officer, to have conducted himself or itself in a threatening, abusive or illegal fashion, 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.
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 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.