Chapter 114

 

DOOR-TO-DOOR SOLICITATION

 

 

 

§ 114-1. Title.

 

            This chapter shall be known as the “Door-to –Door Solicitation Law of the Town of Yarmouth.”

 

 

§ 114-2.  Findings and Intent.

 

            Many residents complain to the Police Department each year about door-to-door solicitation. Some indicate that being the target of solicitation in their homes is annoying, intrusive, and unpleasant. Others are concerned at having strangers approaching their homes uninvited. Many seek assurance that the solicitors are known to Town Officials and properly licensed.

 

            Senior citizens and retirees constitute a substantial portion of our population. This group is particularly vulnerable to crime, particularly fraud, identity theft, and larceny.

 

            This chapter is intended to regulate door-to-door sales by licensing sales agents; establishing a No Solicitation List; and promulgating reasonable time and manner restrictions on door-to-door solicitation including enforcement of the No Solicitation List.

 

 

§ 114-3. Definitions.

 

            The following words and phrases shall have the following meanings:

 

SALES PERSON- any person engaged in door-to-door sales of goods or services for present or future delivery.

 

SALES ORGANIZATION- any entity engaged in the supervision, recruitment, retention, or employment of a sales person or persons, including any person or representative thereof.

 

SALES SUPERVISOR- any person who directs or supervises a sales person or persons engaged in door-to-door sales.

 

DOOR-TO-DOOR SALES- the in-person solicitation of sales of goods or services for present or future delivery by entry upon residential property, including multi-family or duplex residential property, or by soliciting persons located on residential property from a street, sidewalk, or other adjacent property, without the prior invitation of the person to be solicited.

 

DOOR-TO-DOOR SALES PERMIT- A permit issued to a sales agent to engage in door-to-door sales in accordance with this chapter.

 

NO SOLICITATION LIST- a list of residential addresses in the Town, organized alphabetically by street name, indicating those residential properties placed on the list at the request of the owner or occupant indicating that they do not want sales agents to enter their property.

 

§ 114-4 Administration.

 

The Town of Yarmouth Door-to-Door Sales Permit process shall be administered by the Yarmouth Police Department.

 

§ 114-5 Application Requirements.

 

A.    Each sales person must apply individually to the Yarmouth Police Department during posted administrative hours by submitting a completed application, which shall require:

 

1.      Government-issued photographic identification.

2.      Date of birth.

3.      Social security number.

4.      Permanent residential address.

5.      Home telephone number.

6.      Temporary local address.

7.      Current cell phone number.

8.      Sales organization information.

9.      Sales supervisor identity.

10.  Make, model, color, and registration number of any vehicle(s) used to transport the sales agent,  his/her supervisor, or sales materials.

11.  Such other verifying information as may be reasonably required.

 

 

B.     An application fee to be established and adjusted from time to time by the Board of Selectmen shall accompany each Town of Yarmouth Door-to-Door Sales Permit Application.

 

§ 114-6. Background Check.

 

Subject to the provisions of the Massachusetts Criminal Records Offender Statute, M.G.L. c. 6 §167 et seq.,  and regulations promulgated thereunder, the Yarmouth Police Department shall conduct a Criminal Records Check of each applicant for a Town of Yarmouth Door-to-Door Sales Permit for a to determine the applicant’s fitness and suitability to conduct door-to-door sales.

 

§ 114-7. No Solicitation List.

 

A.    The No Solicitation List shall be established and maintained by the Yarmouth Police Department. Residents may submit their property for inclusion on the list without charge.

 

B.     Upon approval and issuance of a Town of Yarmouth Door-to-Door Sales Permit, each sales person shall be provided with a copy of the No Solicitation List.

 

§ 114-8. Door-to-Door Sales Regulations.

 

A.    No sales person shall engage in door to door sales without first having applied for and received a Town of Yarmouth Door-to-Door Sales Permit.

 

B.     No sales organization shall allow any sales person to engage in door to door sales who has not applied for and received a Town of Yarmouth Door-to-Door Sales Permit.

 

C.     No sales supervisor shall direct or supervise, direct, or allow any sales person to engage in door to door sales who has not applied for and received a Town of Yarmouth Door-to-Door Sales Permit.

 

D.    No sales person shall enter within the perimeter of any residential property included on the No Solicitation List. In addition to the fine(s) established below, inclusion of a residential property on the No Solicitation List shall constitute notice prohibiting trespass under M.G.L.c.266 § 120.

 

E.     No sales person shall solicit sales from a person situated within a residential property included on the No Solicitation List from a street, sidewalk or other adjacent property.

 

F.      Each sales person shall carry the Town of Yarmouth Door-to-Door Sales Permit at all times while engaged in door to door sales, and shall display said Permit the upon request by any police officer, Town official, or any person present at a residential property where door-to-door sales are solicited.

 

 

G.    No sales person or supervisor shall use any vehicle to transport persons or materials for door-to-door sales unless said vehicle is identified in the Town of Yarmouth Door-to-Door Sales Permit Application and the exterior of said vehicle is marked with name of the sales organization and the words ”DOOR-TO-DOOR SALES”. All required information shall be in letters a minimum of 4” in height on both sides of the vehicle.

 

H.    Door-to-door sales shall not be conducted except during the hours between 9:00 am and 7:00pm.

 

 

§ 114-9. Penalties.  

 

A.    Each violation of any provision of this By-Law shall be punished by a fine not to exceed Three Hundred ($300) Dollars.

 

B.     Upon the occurrence of a second violation of this By-Law by any sales person, the issuing authority may revoke that sales person’s Town of Yarmouth Door to Door Sales Permit.

 

§ 114—10. Severability.

 

            The invalidity of any portion or portions of this chapter shall not invalidate any other portion, provision or section thereof.