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Chapter 102, SOLICITING AND CANVASSING Flipbook PDF
PC/Codebook Town of Winthrop, MA 4 soliciting or canvassing or the supervision of canvassing o r soliciting. This fee ma
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PC/Codebook Town of Winthrop, MA
CODE OF THE TOWN OF WINTHROP MASSACHUSETTS, v8 Updated 09-01-2006 / PART I BYLAWS / Chapter 102, SOLICITING AND CANVASSING
Chapter 102, SOLICITING AND CANVASSING [HISTORY: Adopted by the Annual Town Meeting of the Town of Winthrop 5-22-1997 by Art. 21 (Ch. 9, Sec. 9-13 of the 1969 Code). Amendments noted where applicable.] GENERAL REFERENCES Junk dealers and collectors -- See Ch. 51. Transient vendors -- See Ch. 268.
CODE OF THE TOWN OF WINTHROP MASSACHUSETTS, v8 Updated 09-01-2006 / PART I BYLAWS / Chapter 102, SOLICITING AND CANVASSING / § 102-1. Purpose. § 102-1. Purpose. This chapter, adopted pursuant to MGL c. 43B, § 13 and Article 89 of the Amendment to the Constitution of the Commonwealth of Massachusetts, establishes registration requirements and specific operation requirements for all persons intending to engage in door-to-door canvassing or solicitation in the Town of Winthrop in order to: A. Protect its citizenry from disruption of the peaceful enjoyment of their residences and from the perpetration of fraud or other crimes; and B. To allow for reasonable access to residents in their homes by persons or organizations who wish to communicate either commercial or noncommercial messages. CODE OF THE TOWN OF WINTHROP MASSACHUSETTS, v8 Updated 09-01-2006 / PART I BYLAWS / Chapter 102, SOLICITING AND CANVASSING / § 102-2. Definitions. § 102-2. Definitions. As used in this chapter, the following terms shall have the meanings indicated: REGISTERED SOLICITOR -- Any person who has obtained a valid certificate of registration from the town, as required by this chapter. 1
PC/Codebook Town of Winthrop, MA
RESIDENCE -- Every individual dwelling unit occupied for residential purposes by one or more persons. SOLICITOR or CANVASSER -- Any person who, for himself or for another person, firm or corporation, travels by foot, automobile or any other type of conveyance from place to place, from house to house or from street to street, taking or attempting to lease or take orders for the retail sale of goods, wares, merchandise or services, including, without limiting, the selling, distributing, exposing for sale or soliciting orders for magazines, books, periodicals or other articles of a commercial nature or the contracting of all home improvements or for services to be performed in the future, whether or not such individual has, carries or exposes for retail sale a sample of the subject of such sale or whether he is collecting advance payment on such retail sales. CODE OF THE TOWN OF WINTHROP MASSACHUSETTS, v8 Updated 09-01-2006 / PART I BYLAWS / Chapter 102, SOLICITING AND CANVASSING / § 102-3. Exception. § 102-3. Exception. The provisions of this chapter shall not apply to any person duly licensed under MGL c. 101 or to any person exempted under MGL c. 101, MGL c. 149, § 69 or MGL c. 180, § 4 or to any person exempted by any other general law, or officers or employees of the town, county, state or federal governments when on official business or route salesmen or other persons having established customers to whom they make periodic deliveries to such customers or from making calls upon prospective customers to solicit an order for future periodic route deliveries, including news carriers. This chapter shall not prevent persons from engaging in the pursuit of soliciting for charitable, benevolent, fraternal, religious or political activities. CODE OF THE TOWN OF WINTHROP MASSACHUSETTS, v8 Updated 09-01-2006 / PART I BYLAWS / Chapter 102, SOLICITING AND CANVASSING / § 102-4. Registration. § 102-4. Registration. A. Every person or organization intending to engage in soliciting or canvassing door-to-door in the Town of Winthrop must register with the Police Department at least seven days in advance by filing a registration application form with the Chief of Police. Such form will be signed under the penalties of perjury and contain the following information:
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(1) Name of applicant. (2) Address of applicant's business (both local and home address). (3) Telephone number of applicant (both business and home numbers). (4) Applicant's social security number. (5) The length of time for which the right to do business is desired. No registration will be granted for a period longer than 90 days. (6) A brief description of the nature of the business and the goods to be sold. (7) The name, home office address and telephone number of the applicant's employer. If self-employed, it shall so state. (8) A photograph of the applicant, which shall be provided by the applicant and be two inches by two inches and will show the head and shoulders of the applicant in a clear and distinguishing manner. This provision may be waived by the Board of Selectmen for local nonprofit organizations. (9) If operating or being transported by a motor vehicle(s), the year, make, model, vehicle identification number, registration number, state of registration and the vehicle's owner and address, for each vehicle. (10) The name of the three most recent communities (if any) in which the applicant has solicited or canvassed door-to-door. B. In addition, a list of names, addresses, dates of birth and social security numbers of all individuals who will be employed in canvassing or solicitation and those supervising such individuals or a roster of local nonprofit canvassers or solicitors will be attached to the application. The Chief of Police may refuse to register an organization or individual whose registration has been revoked for violation of this chapter within the previous two-year period. CODE OF THE TOWN OF WINTHROP MASSACHUSETTS, v8 Updated 09-01-2006 / PART I BYLAWS / Chapter 102, SOLICITING AND CANVASSING / § 102-5. Registration fee. § 102-5. Registration fee. Each applicant for registration or reregistration shall pay a nonrefundable fee of $5 to the town at the time of application. A registration fee must be paid for each person who will be engaged in 3
PC/Codebook Town of Winthrop, MA
soliciting or canvassing or the supervision of canvassing or soliciting. This fee may be waived at the discretion of the Board of Selectmen for nonprofit organizations with proof of nonprofit standing. CODE OF THE TOWN OF WINTHROP MASSACHUSETTS, v8 Updated 09-01-2006 / PART I BYLAWS / Chapter 102, SOLICITING AND CANVASSING / § 102-6. Investigation. § 102-6. Investigation. Upon receipt of the application, the Chief of Police shall investigate the applicant's background and reputation. Within seven days of the filing of the application, the Chief shall endorse on such application his approval or disapproval. CODE OF THE TOWN OF WINTHROP MASSACHUSETTS, v8 Updated 09-01-2006 / PART I BYLAWS / Chapter 102, SOLICITING AND CANVASSING / § 102-7. Registration cards. § 102-7. Registration cards. A. The Chief of Police shall furnish each person engaged in solicitation or canvassing with a registration card which shall contain the following information: (1) Name of person. (2) Recent two inch by two inch photograph supplied by the individual to be registered. (3) Name of the organization that the person represents. (4) A statement that the individual has been registered with the Police Department but that registration is not an endorsement of any individual or organization. (5) Specific dates or period of time covered by the registration. B. This fee may be waived at the discretion of the Board of Selectmen for nonprofit organizations with proof of nonprofit standing. CODE OF THE TOWN OF WINTHROP MASSACHUSETTS, v8 Updated 09-01-2006 / PART I BYLAWS / Chapter 102, SOLICITING AND CANVASSING / § 102-8. Notice regulating solicitation. 4
PC/Codebook Town of Winthrop, MA
§ 102-8. Notice regulating solicitation. A. Every occupant of a residence desiring to secure additional protection, as provided by this chapter, shall comply with the following requirements: A weatherproofed card, approximately three inches by five inches in size, shall be exhibited on or near the main entrance door or at the beginning of the driveway to the residence, indicating the determination by the occupant as to whether solicitors or canvassers are invited to the residence by the following applicable words: "No Solicitors or Canvassers Invited" or "No solicitors or Canvassers Invited Before the Hour of ___ a.m. of After the Hour of ___ p.m." B. Further, it shall be unlawful for any canvasser or solicitor to enter the premises of a resident or business who or which has displayed a "No Trespassing" or "No Soliciting" sign or poster. CODE OF THE TOWN OF WINTHROP MASSACHUSETTS, v8 Updated 09-01-2006 / PART I BYLAWS / Chapter 102, SOLICITING AND CANVASSING / § 102-9. Duties of solicitors. § 102-9. Duties of solicitors. A. It shall be the duty of every solicitor or canvasser, upon going onto any residential premises in the Town of Winthrop, to first examine the notice provided for in § 102-8, if any is exhibited. (1) If notice states "No Solicitors or Canvassers Invited," then the solicitor or canvasser shall immediately and peacefully depart from the premises. (2) If notice limits the hours of the solicitation, the solicitor or canvasser shall comply with the limits noted. B. Persons engaged in solicitation or canvassing, including supervisors, must carry his/her registration card at all times and present the card to any person solicited or upon request of a police officer. C. Immediately upon gaining entrance to any residence, each solicitor or canvasser must do the following: (1) Present his/her registration card for inspection by the occupant. (2) Request that the occupant read the registration card. (3) Inform the occupant in clear language of the nature and purpose of his business and, if he 5
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is representing an organization, the name and nature of the organization. D. Any solicitor or canvasser 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. 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. CODE OF THE TOWN OF WINTHROP MASSACHUSETTS, v8 Updated 09-01-2006 / PART I BYLAWS / Chapter 102, SOLICITING AND CANVASSING / § 102-10. Restrictions on methods of solicitation. § 102-10. Restrictions on methods of solicitation. A. No solicitor or canvasser, licensed or exempted from license, may misrepresent, in any manner, the buyer's right to cancel as stipulated by MGL c. 93, MGL c. 93A and MGL c. 255D. B. No solicitor or canvasser, licensed or exempted from license, may use any plan, scheme or ruse which misrepresents the true status or mission of the person making the call in order to gain admission to a prospective buyer's home, office or other establishment with the purpose of making a sale of consumer goods or services. C. No solicitor or canvasser, licensed or exempted from license, shall falsely represent, directly or by implication, that the solicitation or canvassing is being done on behalf of a governmental organization. D. No solicitor or canvasser, licensed or exempted from license, shall solicit or canvass at any residence without express prior permission of an occupant before 8:00 a.m. or after 8:30 p.m. where there is no sign posted otherwise limiting solicitation or the hours of solicitation. E. No solicitor or canvasser, licensed or exempted from license, shall go upon any residential premises and ring the doorbell or rap or knock upon the door of the residence or create any sound in any manner calculated to attract attention of the occupant of such residence for the purpose of solicitation or canvassing in defiance of the notice exhibited at the residence in accordance with § 102-9. CODE OF THE TOWN OF WINTHROP MASSACHUSETTS, v8 Updated 09-01-2006 / PART I BYLAWS / Chapter 102, SOLICITING AND CANVASSING / § 102-11. Revocation of license.
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PC/Codebook Town of Winthrop, MA
§ 102-11. Revocation of license. The Chief of Police is hereby vested with jurisdiction over revoking the permit of a registered solicitor for any violation of the provisions contained within this chapter or who knowingly provides false information on the registration application. Any person grieved by such revocation may appeal to the Board of Selectmen within seven business days, in writing, and a hearing will be scheduled within five business days. CODE OF THE TOWN OF WINTHROP MASSACHUSETTS, v8 Updated 09-01-2006 / PART I BYLAWS / Chapter 102, SOLICITING AND CANVASSING / § 102-12. Violations and penalties. § 102-12. Violations and penalties. Any person or organization violating any of the provisions of this chapter shall be subject to a fine of $100 for each offense. This penalty may be enforced under the provisions of the noncriminal disposition provisions contained in Chapter 1, General Provisions, § 1-9 of this Code. CODE OF THE TOWN OF WINTHROP MASSACHUSETTS, v8 Updated 09-01-2006 / PART I BYLAWS / Chapter 102, SOLICITING AND CANVASSING / § 102-13. Severability. § 102-13. Severability. Invalidity of any individual provision of this chapter shall not affect the validity of the chapter as a whole. CODE OF THE TOWN OF WINTHROP MASSACHUSETTS, v8 Updated 09-01-2006 / PART I BYLAWS / Chapter 102, SOLICITING AND CANVASSING / § 102-14. Fines. § 102-14. Fines. Any fines established by this chapter may be changed, from time to time, by an action of the Board of Selectmen.
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