[HISTORY: Adopted by the Annual Town Meeting of the Town of Southampton 6-7-2022 by Art. 5 (Art. XV of the General Bylaws). Amendments noted where applicable.]
A. 
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 and specific operation requirements for persons intending to engage in soliciting or canvassing door to door in the Town of Southampton 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 that wish to communicate either commercial or noncommercial messages.
B. 
Anyone operating under a hawker's or peddler's license must abide by the requirements of this bylaw.
No person shall engage in soliciting or canvassing, as those terms are described in more detail in § 219-3 below, without registering and obtaining a permit from the Chief of Police or designee not less than 10 business days before commencing such solicitation or canvassing in accordance with this bylaw. The permitting requirements of this bylaw are in addition to, and separate from, the registration requirements of MGL c. 101, § 34, regarding the employment of minors in door-to-door solicitation activities.
For the purpose of this bylaw, the following definitions shall apply:
CANVASSING
Includes any one or more of the following activities door to door or on a public way:
A. 
A 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.
B. 
Seeking to enlist membership in any organization for commercial purposes.
C. 
Seeking to present, in person, organizational information for commercial purposes.
CHARITABLE ORGANIZATION, PROFESSIONAL SOLICITOR, and COMMERCIAL CO-VENTURER
Defined as set forth in MGL c. 68, § 18.
REGISTERED SOLICITOR/CANVASSER
Any person who has registered and obtained a permit for same from the Chief of Police or designee in accordance with the requirements of § 219-5.
RESIDENCE
Includes every individual dwelling unit occupied for residential purposes by one or more persons.
SOLICITING
Includes any one or more of the following activities conducted door to door:
A. 
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;
B. 
Selling, or seeking to obtain prospective customers for application for purchase of, insurance of any kind or other similar product or service;
C. 
Selling, or seeking to sell, subscriptions to print or online books, magazines, periodicals, newspapers or any other type of publication;
D. 
Seeking to obtain gifts or contributions of money or other valuables 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 (solicitor) for a charitable or other noncommercial organization; or
E. 
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.
A. 
This bylaw shall not apply to any individual who is acting as part of, at the direction of, or in support of any religious, charitable or political entity, group, organization or cause.
B. 
This bylaw shall not apply to any officers, officials, agents or employees of the Town, of the Commonwealth of Massachusetts or any political subdivision thereof.
C. 
This bylaw shall not apply to any youth organization or group.
D. 
The Select Board may grant temporary permits to any incorporated organization of veterans who served in the military or naval service of the United States for the sale of flags, badges, medals, buttons, flowers, souvenirs and similar small articles in accordance with the provisions of MGL c. 101, § 33. Fees for this permit shall be consistent with the fees required pursuant to § 219-5C.
[Amended 5-9-2023 ATM by Art. 31]
A. 
The application for a permit to solicit or canvass shall be in a form as determined by the Chief of Police or designee. Applications for soliciting and canvassing shall be made available at the Southampton Police Station and on the Town website. Further, each such application shall be accompanied by a fee in an amount as determined by the schedule of fees established. All applications must be submitted to the attention of the Chief of Police at the Southampton Police Department.
[Amended 12-13-2022 STM by Art. 10]
(1) 
Each company must obtain a permit issued in the name of the company. In addition to company registration, each individual of said organization or business entity that intends to solicit or canvass on behalf of that company must also obtain a separate permit in their name. Each such application shall specify whether a permit is sought for soliciting, canvassing or both; further, each such application for a soliciting permit shall specify the particular goods, merchandise or services that will be marketed; further, each such application for a canvassing permit shall specify the type(s) of printed materials that will be distributed, and the specific manner(s) in which such printed materials will be left at various locations.
B. 
Each person engaged in solicitation or canvassing shall prominently display in a lanyard and attached card holder worn around their neck the permit issued by the Chief of Police or designee while actively engaged in this activity. Violation of any of the stipulations will result in the immediate suspension of soliciting/canvassing privileges.
C. 
A fee, to be periodically assessed based on recommendations from the Chief of Police or designee, shall be set at a rate to cover the expenses of the permitting, including photos, lanyards and other verification activities associated with the issuance of each permit. The fee must be paid at the time of application. Further, each such application shall be accompanied by a fee in an amount as determined by the schedule of fees established. All applications must be submitted to the attention of the Chief of Police at the Southampton Police Department.
[Amended 12-13-2022 STM by Art. 10]
A. 
The Chief of Police or designee shall either issue a permit in the name of the individual or provide a written denial of the application within 10 days of the submission of the application.
B. 
The Chief of Police or designee shall issue a permit to solicit or canvass solely if they determine that the applicant will not present a threat or risk to public safety. The Chief of Police or designee shall not issue any such permit to an individual who has been convicted of a felony, is a registered sex offender, has submitted fraudulent information in the permit application, or has had a permit issued pursuant to this bylaw revoked in the five years prior to the submission of the application in question. The activities that are allowed pursuant to a permit shall not be broader in scope than was requested in the application, provided that the Chief of Police or designee may issue a permit for activities that are narrower in scope than was requested in the application if they determine it to be in the interest of public safety.
C. 
Each issued permit shall contain the signature of the Chief of Police or designee; the name and address of the permit applicant/holder; the issuance and expiration date(s) of the permit; the permit number; the name of the permittee's organization, if any; whether the permit is valid for soliciting, canvassing or both; and in the case of soliciting, the particular goods or merchandise for which orders may be sought; and in the case of canvassing, the individual must submit a copy of the particular type(s) of printed materials to be distributed, and the specific manner(s) in which such printed materials will be left at various locations.
[Amended 5-9-2023 ATM by Art. 31]
D. 
The Chief of Police or designee shall retain a record of all permits for soliciting and canvassing that have been issued for a period of one year after date of issue.
[Amended 5-9-2023 ATM by Art. 31]
A. 
Soliciting and canvassing activities are allowed between the hours of 9:00 a.m. and 9:00 p.m.
B. 
No solicitor or canvasser shall utilize deceptive, fraudulent, coercive, or other unfair practices in soliciting sales of goods or services, or in gaining entry to any residence or other building. Under no circumstances shall the permit holder misrepresent or fail to disclose to a potential customer said customer's statutory rights to cancel a solicited order for goods or services.
C. 
No solicitor or canvasser shall enter onto any property, whether residential, commercial, industrial or otherwise, that displays a sign stating, "No Trespassing" or "No Soliciting." For the purpose of this section, a "No Soliciting" sign shall be sufficient to bar canvassers as well. Furthermore, no solicitor or canvasser shall ignore a request to leave private property by any individual with the lawful authority to make such a request, whether a resident, property owner, business employee or other authorized individual. No solicitor or canvasser shall enter onto any property included on the No Soliciting or Canvassing List issued pursuant to § 219-8 of this bylaw.
Any residence or business that does not wish to be visited by canvassers and solicitors may make a request to the Chief of Police or designee to be placed on the No Soliciting or Canvassing List. Each such request shall be in writing, a copy of which is maintained at the Police Department. Whenever the Chief of Police issues a permit pursuant to this bylaw, they shall also provide the permit holder with an up-to-date copy of this list. The Chief of Police or designee shall update the No Soliciting or Canvassing List each year based on information gathered by the Town Clerk during the annual Town census. A residence or business shall remain on the list until a removal request is made in writing to the Chief of Police or designee.
A. 
Every permit to solicit or canvass shall expire three months after the date of issuance, unless an earlier date was requested in the application. No such permit is transferable, even to successors in interest to the permit holder.
B. 
A photo identification shall be issued with every permit, which shall include the permit holder's full name and organization (if any), the seal of the Southampton Police Department, whether soliciting or canvassing activities or both are authorized, and the permit number and expiration date. The permit shall be worn so as to be visible and legible to the public at all times while soliciting or canvassing. Each permit holder additionally shall carry the issued permit at all times while conducting business pursuant to the same, and said permit shall be produced for review upon the request of any Town police officer.
C. 
Each permit holder shall engage in only those activities that are allowed by the terms of the issued permit. No permit holder shall operate pursuant to the terms of an issued permit until the material terms of that permit, as described in § 219-5, shall have been published in print and/or electronically by the Town in local publications and on the Town website.
A. 
The Chief of Police or designee shall revoke or suspend a permit to solicit or canvass if they conclude that the permit holder has become a threat or risk to public safety, if they become aware that the permit holder submitted fraudulent information on the permit application, if the permit holder is convicted of a felony, if the permit holder becomes registered as a sex offender, or if the permit holder has violated any provision of this bylaw during the permit period.
B. 
Any revocation of an individual permit is the decision of the Chief of Police or designee. Should a permit issued in the name of a company be suspended or revoked, the company may reapply for a permit with assurance, in the opinion of the Police Chief or designee, that the violation has been corrected and will not occur again. Any revocation may be appealed per the process set forth in § 219-12.
Upon expiration, suspension or revocation of any permit to solicit or canvass, the permit holder shall return the same to the Chief of Police or designee.
Any person or organization that is denied registration or whose registration has been revoked or suspended 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, revocation, or suspension. 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.
A. 
Violations of the terms, conditions, and restrictions of this bylaw, exclusive of the fine regarding the display of permit identification (see § 219-5B) issued pursuant to the same, may result in a fine as set forth in Chapter 203, Noncriminal Disposition.
[Amended 12-13-2022 STM by Art. 10; 5-9-2023 ATM by Art. 31]
B. 
Each day of a continuing violation shall be a separate violation; and further provided that each house, business, property, mailbox, or vehicle that is solicited or canvassed in violation of this bylaw, including in violation of the terms, conditions and restrictions of any permit issued pursuant to the same, shall be a separate violation. Each such violation shall be enforced by the Town police officers and shall be subject to Chapter 203, Noncriminal Disposition, and MGL c. 40, § 21D.
[Amended 12-13-2022 STM by Art. 10]
C. 
Failure to prominently wear/display the provided permit may result in a fine per individual and their respective primary employing entity per violation as set forth in Chapter 203, Noncriminal Disposition.
[Amended 5-9-2023 ATM by Art. 31]
The provisions of this bylaw are severable. If any court of competent jurisdiction determines that any such provision is in violation of the laws, Constitutions or regulations of the Commonwealth of Massachusetts or the United States of America, the remaining provisions shall not be affected thereby and shall continue in full force and effect.