AGAWAM — The City Council voted recently to approve the first reading of an ordinance regulating solicitors, following a debate over when they should be allowed to operate.
As presented to the council, the ordinance, sponsored by Councilor George Bitzas and Mayor Chris Johnson, would amend Chapter 128 and add Chapter 129 to the town code. It would require solicitors to apply with Police Chief Eric Gillis for a license at least 15 days before they intend to start soliciting. The police chief would then conduct a background check, and could deny the license.
Solicitors must also respect “no soliciting” signs and restrict activities to after 8:30 a.m. and before 8:30 p.m. The police would enforce these rules and issue fines as necessary.
Councilor Dino Mercadante proposed an amendment to change the ending time to 7:30 p.m., saying that 11 hours of soliciting should be more than enough. He also said that, in the winter, it’s already dark by 4:30 p.m.
“People are already enjoying their private time with their families at 8:30, and I don’t think there’s any need for anybody to be out that late disrupting that,” he said.
Bitzas said he and Johnson discussed this during the Legislative Committee meeting earlier that night. They have no problem with 7:30 p.m., but would not like to see it set any earlier, as they’re worried that might lead to legal issues. Councilor Roberto Rossi disagreed, saying soliciting should be cut off at “dark or dusk.”
“Given my experience with solicitors in this town — over 32 years as a police supervisor in this community — I can tell you unequivocally that having people running around your neighborhood at nighttime, … phone calls to the Police Department increase,” he said.
He said the town has the right to put guardrails on solicitors, and that restricting their hours does not infringe on their rights.
Bitzas said that, in the subcommittee discussion, Johnson suggested it would be difficult to define when “dark or dusk” is. He said if residents don’t want any solicitors, they can hang up a “no solicitors” sign, which the ordinance would make legally enforceable. Councilors Edward Borgatti and Gerald Smith agreed with him on that point.
“If somebody comes to your door, they’re supposed to walk away if they see that sign,” said Smith. “If they don’t walk away, point to it and if they still don’t walk away, then [do] whatever you need to do to get them off the property.”
Hendrickson agreed with 8:30 p.m., but said 7:30 p.m. was too early. After 5 p.m. was an important time for political canvassers, he said, because people are home, where canvassers can talk to them. Legal issues were another reason.
“I have concerns that groups like the ACLU might get involved, or other First Amendment groups may have issues with making this as restrictive as a 7:30 cutoff would be,” he said.
Borgatti said he thinks people would naturally stop soliciting when it’s dark and cold.
“If we get to an issue where people are really banging on people’s doors at 7 o’clock at night in January, then maybe we can revisit it. But I think we should give this a shot for now and give enough time where you’re in that safe zone, as far as giving people the freedom to do it,” he said.
Councilors ultimately approved Mercadante’s amendment 9-2, with Rossi and Hendrickson voting “no.” As for the ordinance itself, now amended, councilors voted 9 “yes,” 1 “no” and 1 “present.” Rossi voted “no,” while Hendrickson voted “present.”
As an ordinance change, the measure requires positive votes at two separate meetings. If it receives another approval, Johnson said the town will set up the application process in time for the ordinance to take effect on Jan. 1, 2025.
