[HISTORY: Adopted by the Town Meeting of the Town of Sherborn
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2012 (Ch. 27 of the 1968 Bylaws)]
[Amended 4-25-2023 ATM
by Art. 22]
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
operational requirements for persons intending to engage in door-to-door
canvassing or soliciting in the Town of Sherborn 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.
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;
[Amended 4-25-2023 ATM
by Art. 22]
Seeking to enlist membership in any organization for commercial
purposes; and
[Amended 4-25-2023 ATM
by Art. 22]
Seeking to present, in person, organizational information for
commercial purposes.
Shall be defined as follows:
CHARITABLEIncluding but not limited to benevolent, educational, philanthropic, humane, patriotic, scientific, literary, religious, health, safety or welfare-related, or in furtherance of governmental or civic objectives, and benefiting the general public or some indefinite class thereof.
CHARITABLE ORGANIZATIONAny person whose purposes or actual operation are charitable in nature or one holding himself out to be a charitable organization in whole or in part, including any person who in any manner employs a charitable appeal as the basis of any solicitation or an appeal which could be reasonably interpreted to suggest that there is a charitable purpose to any such solicitation.
COMMERCIAL CO-VENTURERAny person who for profit or other commercial consideration, conducts, produces, promotes, underwrites, arranges or sponsors a performance, event, or sale to the public of a good or service which is advertised in conjunction with the name of any charitable organization or as benefiting to any extent any charitable purpose. Any such person who will benefit in good will only shall not be deemed a commercial co-venturer if the collection and distribution of the proceeds of the performance, event or sale are supervised and controlled by the benefiting charitable organization.
Shall be defined as defined in MGL c. 68, § 18.
Shall mean any person who has obtained a valid certificate
of registration for the Town of Sherborn 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-venture for a charitable
or other noncommercial organization; and
[Amended 4-25-2023 ATM
by Art. 22]
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 Sherborn must apply for
a permit with the Chief of Police by filing a registration application
form with the Sherborn Police Department. Application for both individual
and organizational registrations shall be filed at least seven 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.
[Amended 4-25-2023 ATM
by Art. 22]
(2)
The name, title and telephone number, date of birth and valid driver's
license or other government-issued photo identification of the person(s)
filing the application form.
(3)
The names, addresses and telephone numbers of the person(s), if any,
who will be directly supervising the solicitation or canvassing operation
in the Town of Sherborn.
(4)
A list of the names, addresses, date of birth of all individuals
who will be employed in solicitation or canvassing, in the Town of
Sherborn, by the applicant.
(5)
Period of time for which certificate of registration is needed; provided,
however, that no certificate may be granted for longer than a ninety-day
period.
[Amended 4-25-2023 ATM
by Art. 22]
(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 the issuance and date of the expiration of any permits
or licenses issued by those communities to the organization.
(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;
[Amended 4-25-2023 ATM
by Art. 22]
(2)
Date of birth;
(3)
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;
(4)
Period of time for which certificate of registration is needed; provided,
however, that no certificate may be granted for longer than a ninety-day
period;
[Amended 4-25-2023 ATM
by Art. 22]
(5)
Names of the last three communities, if any, in which the applicant
has solicited or canvassed door-to-door, complete with the date of
issuance and date of the expiration of any permits or licenses issued
by those communities to the applicant.
(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 a $20 application fee for an individual registration
card or re-registration. There is no application fee for organizational
applicants that apply for registration or re-registration.
A.
The Police Chief or his designee, after a review of the application, which will include an investigation of the applicants pursuant to Subsection D, 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:
[Amended 4-25-2023 ATM
by Art. 22]
(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 Sherborn 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 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
where registration has been revoked for violation of this bylaw within
the previous two-year period or who has been convicted of murder,
manslaughter, rape or any other sex crime, kidnapping, robbery, arson,
burglary, breaking and entering, felony assault, illegal possession
of a firearm or dangerous weapon, distribution of any illegal narcotic
drugs, felony larceny, three or more misdemeanor assaults or three
or more misdemeanor larcenies, 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 Massachusetts Sex Offender Registry Board, or
any other similar government entity, and who is a classified or considered
to be a moderate to high risk of reoffending. Such individuals pose
a substantial degree of dangerousness to minors or to other persons
vulnerable to becoming victims of sex crimes. For the purposes of
this bylaw, a "continued without a finding" or similar disposition
will be considered the same as a conviction.
[Amended 4-25-2023 ATM
by Art. 22]
A.
Registration shall not be required for officers or employees of the
Town, county, state or federal governments 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, including charitable, benevolent
or fraternal activities, regardless of whether such activity includes
acts that would otherwise constitute soliciting or canvassing.
[Amended 4-25-2023 ATM
by Art. 22]
A.
Upon going into any residential premises in the Town of Sherborn,
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:
(1)
Present his registration card for inspection by the occupant;
[Amended 4-25-2023 ATM
by Art. 22]
(2)
Request that the occupant read the registration card; and
(3)
Inform the occupant in clear language of the nature and purpose of
his business and, if he is representing an organization, the name
and nature of that organization.
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 the 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 or such other activities;
C.
Continue to solicit, canvass or conduct activities after being advised
by police of the registration requirements or after a registration
certificate has been revoked or denied;
D.
Utilize any form of endorsement from any department head currently
employed or serving the Town of Sherborn; and
E.
Solicit, canvass or conduct any other activity at any residence in
an illegal fashion.
A.
Any person or organization who violates § 186-7B, with an accompanying signed statement of the offended party, or § 186-8 of this bylaw, may be punished by a fine of up to $300 for each and every offense, which may be recovered upon complaint before the District Court and shall enure to the Town, all in accord with MGL c. 40, § 21. Any person or organization who violates any other provision of this bylaw shall be punished by a fine of up to $100 for each and every offense, which may be recovered upon complaint to the District Court and shall enure to the Town, all in accord with MGL c. 40, § 21. As an alternative, a noncriminal penalty may be assessed by the appropriate enforcement person, in accordance with Chapter 1, Article II, of these bylaws.
B.
Any person or organization who for himself, itself, or through its
agents, servants or employees is found after investigation by a police
officer to have: a) violated any provision of this bylaw, or applicable
state or federal laws governing soliciting or canvassing; or b) 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.
[Amended 4-25-2023 ATM
by Art. 22]
[Amended 4-25-2023 ATM
by Art. 22]
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 Town of Sherborn Town Administrator. Such appeal
must be filed within five days after the receipt of the notice of
denial or revocation. The Town Administrator shall hear the appeal
within 10 days after the filing of the written notice of appeal; provided,
however, that if the Town Administrator 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 2016 (Ch. 3, § 5B, of the 1968 Bylaws)]
Any organization engaged in charitable work or a post of any
incorporated organization of veterans who served in the military or
naval service of the United States in time of war or insurrection
may, for a particular time period not to exceed a total of four days,
and for a charitable purpose stated in such license, obtain a license
from the Town to conduct under their control a temporary or transient
business in which transient vendors participating in such sales shall
not be subject to the provisions of MGL c. 101, §§ 3
to 12, inclusive, without the necessity of any vote by the Select
Board to approve such license.
