This bylaw establishes registration requirements for persons intending to engage in door-to-door solicitation or canvassing in the Town of Winchester in order to (a) protect the citizenry from disruption of peaceful enjoyment of their residences and from the perpetration of fraud or criminal activity; and (b) to allow for reasonable access to residents in their homes by persons or organizations who wish to communicate commercial messages. The bylaw attempts to achieve a balance between the right of free speech and the right of privacy. It does not apply to nonprofit, charitable, benevolent, political or religious activities, or any other noncommercial activities entitled to protection under the First Amendment to the United States Constitution.
[Note: Article 17 of the 2017 Fall Town Meeting added this chapter on 11/9/2017.]
Means either the Winchester Chief of Police or his designee.
Means any property in residential use within the meaning of the Town of Winchester Zoning Bylaw, including without limitation an individual dwelling unit.
Means traveling by foot, motor vehicle or any type of conveyance, from place to place, from house to house, or from street to street, for salary, commission or other remuneration, whether on behalf of oneself or on behalf of another person, for-profit firm, corporation or entity and:
Selling, leasing or taking orders for the sale of any goods, wares, merchandise or services whatsoever, including without limitation books, periodicals, food, and home improvement services, or attempting to so sell, lease or take orders, whether or not advance payment on such sales is collected; or
Seeking or requesting donations of money, goods or services for any for-profit entity.
3.1.
No person(s) shall engage in solicitation or canvassing in or upon any residential property in the Town of Winchester without first receiving a registration certificate from the Chief of Police as required by this chapter. Immediately upon gaining access to any residential property, each solicitor or canvasser must do the following:
(a)
Inform the occupant that the solicitor or canvasser has registered with the Town, show the occupant the registration certificate and make it available for inspection; and
(b)
Inform the occupant of the nature and purpose of the solicitor’s or canvasser’s business and, if the solicitor or canvasser is representing an organization, the name of that organization.
3.2.
Persons engaged in solicitation or canvassing shall carry such registration certificate while so engaged and shall produce such certificate upon the request of a police officer of the Town of Winchester.
Each person engaged in solicitation or canvassing in or upon any residential premises shall immediately and peacefully leave such premises upon the request of any occupant.
No person shall engage in solicitation or canvassing in or upon any residential property upon which is displayed a sign prohibiting trespassing, solicitation or canvassing.
No person engaging in solicitation or canvassing shall misrepresent in any way the solicitor’s or canvasser’s true objective, status or mission or that of any organization on behalf of which the solicitor or canvasser is so engaged.
[1]
Article 23 of the 2024 Fall Town Meeting amended this section to make it gender-neutral on 11/18/2024.
4.1.
Persons seeking registration certificates in accordance with this bylaw shall apply in person at the Winchester Police Department between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday. Applicants shall be required to fill out an application form provided by the Town, signed under penalties of perjury. Applicants must submit the required fee along with the form.
4.2.
The form shall require that each applicant shall provide the following information:
(a)
Personal information, applicant’s full name, residential address and phone numbers, date of birth, and valid driver’s license or other government-issued photo identification.
(b)
Business information, business name and phone number, description of the nature of the business and the goods or services to be sold, length of time for which applicant seeks to conduct business in the Town of Winchester.
(c)
Vehicle information. If applicant will be travelling through the Town of Winchester by motor vehicle while soliciting or canvassing, applicant must present the vehicle’s current and valid registration.
4.3.
Fee.
Upon filing such application each applicant shall pay a nonrefundable filing fee in the amount of $25 per applicant.
5.1.
The Chief of Police shall refuse to register an individual whose registration certificate has been revoked for violation of this bylaw within the previous seven-year period or for failure to include all of the required information requested on the application. If the applicant or the organization on whose behalf the applicant intends to solicit is listed with the Better Business Bureau, the Police Department may check the or organization’s rating on the Better Business Bureau’s website, www.bbb.org, and if the rating is C- or below, the application shall be denied.
5.2.
The Chief of Police shall conduct a routine criminal background check on all applicants:
(a)
All applicants must give written permission for the background check to be conducted using the state’s Criminal Offender Records Information (CORI) and Sex Offender Records Information (SORI) database.
(b)
Grounds for denial of the registration certificate shall include, but are not limited to, the following:
• A conviction in any state or federal court of the United States or any court of a territory of the United States for any of the following named offenses committed within seven years prior to the date of such application: burglary, breaking and entering, larceny, robbery, receiving stolen property, assault, fraud, sexual misconduct as specified in M.G.L. c. 265, §§ 13B and 22 through 24, and M.G.L. c. 272, § 53, unlawfully carrying weapons, or the attempt of any such offense;
• The failure to include any of the information requested in the application including a background check.
5.3.
Within 10 business days of the filing of a complete application, the Chief of Police shall either: approve such application and cause the certificate of registration to be issued; or deny such application, stating in writing the reason(s) for such denial. If the Chief of Police fails to so act within 10 business days, the applicant may appeal to the Select Board. If applicant does not receive a response by the Chief of Police or the Select Board within 30 days of submitting a complete application, said application shall be considered approved and the Chief of Police shall provide a registration certificate to the applicant.
Each certificate of registration shall contain the signature of Chief of Police and shall show the name, address and photograph of the holder of said certificate, the date of issue, the description of the certificate holder’s business provided pursuant to Section 21-4, Subsection 4.2(b), and a registration number.
Each certificate of registration issued pursuant to this bylaw shall expire one year from date of issue.
No certificate of registration may be transferred to any other person or entity.
The Chief of Police may revoke the certificate of registration of any solicitor or canvasser for violation of any provision of law, including this bylaw, or for providing false information on the application.
Any applicant aggrieved by the action of the Chief of Police in denying such application or in revoking such certificate of registration may appeal in writing to the Select Board within seven days of the action complained of by filing such appeal with the Town Clerk. The Select Board shall hold a hearing and render a decision within 30 days of the date the Town Clerk receives the appeal. If the Select Board fails to render a decision within 30 days, the Town Manager may render a decision within seven (7) days after the expiration of the appeal period with the Select Board.
The Police Department shall keep a record of all certificates of registration, including registration numbers, and application thereof for a period of seven years after application.
The provisions of this bylaw shall not apply to the following persons:
(b)
Any officer or employee of the Town, county, state or federal government on official business, or any other person soliciting or canvassing on behalf of any such entity, including, without limitation, a public school or a program or department thereof.
(c)
Any route salesperson or other person having established customers making periodic deliveries to such customers including, but not limited to, a news carrier, dairy delivery person, and a person acting on behalf of “farmshare” or “community supported agriculture” enterprises.
(d)
Any person involved in the dissemination of political or religious materials or speech or any other noncommercial activity protected by the United States or Massachusetts Constitutions.
(e)
Any person soliciting or canvassing on or behalf of any charitable, benevolent, political or religious organization, including, without limitation, an organization organized pursuant to M.G.L. c. 180, § 4.
(f)
Anyone 18 years of age or younger.
(g)
Any person or entity distributing leave-behind literature at residential properties and not conducting face-to-face solicitations.
If any provision of this bylaw shall be declared invalid, the remainder shall continue in full force and effect.
This bylaw may be enforced through the provisions of M.G.L. c. 40, § 21D, which provides for the noncriminal disposition of bylaws violations. A violation of this chapter shall be punishable by a fine of $100 for the first offense; $200 for the second offense; and $300 for each subsequent offense. The enforcing person shall be the Chief of Police.