[HISTORY: Adopted by the Town Meeting of
the Town of Dalton. Amendments noted where applicable.]
This bylaw, adopted pursuant to MGL c. 43, § 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 solicitation in the Town of Dalton 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:
Includes 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;
Seeking to enlist membership in any organization
for commercial purposes; and
Seeking to present, in person, organizational
information for commercial purposes.
As set forth in MGL c. 68, § 18.
Includes every individual dwelling unit occupied for residential
purposes by one or more persons.
Any person who has obtained a valid certificate of registration
from the Town as required by this bylaw.
Includes 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-venturer
for a charitable or other noncommercial organization; and
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 Dalton must
apply for a permit with the Chief of Police by filing a registration
application form with the Chief of Police. Applications for individual
registration shall be filed at least seven business days in advance.
Applications for organizational registration shall be filed at least
three 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 organizations'
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;
(2)
The name, title and phone number, IRS or social security
(optional) number and valid driver's license or other government-issued
photo identification of the persons filing the application form;
(3)
The names and addresses of the person(s), if any,
who will be directly supervising the solicitation or canvassing operation
in the Town of Dalton;
(4)
A list of the names, addresses, and 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
thirty-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 any permit or license was issued and the date
it expired; and
(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
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; (Note: No certificate may be granted for longer than a
thirty-day period.)
(5)
Name of the last three communities (if any) in which
the applicant has solicited or canvassed door to door, complete with
the date any permit or license was issued and the date it expired;
(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 no application fee or charge
for an individual registration card. Each organizational applicant
for registration or reregistration shall pay to the Town an application
fee of $50.
A.
The Police Chief, after a review, 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:
(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 Dalton 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 the
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
30 days.
D.
The Police Chief shall routinely grant registrations
without further inquiry but shall refuse registration to an organization
or an 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, felony assault, or larceny over $250, 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 Sex Offenders Registry Board and who
is finally classified as a Level 2 or Level 3 sex offender, as such
persons have been found to have a moderate to high risk of reoffending
and pose a substantial degree of dangerousness 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.
B.
No application shall be issued to an applicant under
the age of 18, except in connection with canvassing or soliciting
on behalf of a profit organization; newspaper carriers excepted.
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, regardless of whether
such activity includes acts that would otherwise constitute soliciting
and canvassing.
A.
Upon going into any residential premises in the Town
of Dalton, 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/her registration card for inspection by
the occupant;
(2)
Request that the occupant read the registration card;
and
(3)
Inform the occupant in clear language of the nature
and purpose of his/her business and, if he/she is representing an
organization, the name and nature of that organization.
D.
It shall be the duty of every organization employing
solicitors or canvassers 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 7:00 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 Dalton; and
E.
Solicit, canvass or conduct any other activity at
any residence in an illegal fashion.
A.
Any person or organization who shall violate any of the provisions of this bylaw or any applicable state or federal laws governing soliciting or canvassing, including but not limited to Chapter 68 of the General Laws, shall be subject to a fine not to exceed $300 for each offense, or be subject to noncriminal disposition of the offense pursuant to Chapter 1.
B.
Any person or organization who for him or herself, itself, or through its agents, servants or employees is found after investigation by a police officer to have violated any provision of § 200-7 or 200-8 of this bylaw, or any applicable state or federal laws governing soliciting or canvassing, including but not limited to Chapter 68 of the General Laws; or knowingly provided false information on the registration application, or who is found, after investigation by a police officer, to have conducted himself or herself 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 provision of this bylaw shall
not affect the validity of the bylaw as a whole.
