As used in this Chapter, the following words have the meaning
indicated:
CANVASSER
A person who attempts to make personal contact with a resident
at his/her residence without prior specific invitation or appointment
from the resident for the primary purpose of,
1.
Attempting to enlist support for or against a particular religion,
philosophy, ideology, political party, issue or candidate, even if
incidental to such purpose the canvasser accepts the donation of money
for or against such cause, or
2.
Distributing a handbill or flyer advertising a non-commercial
event or service.
PEDDLER
A person who attempts to make personal contact with a resident
at his/her residence without prior specific invitation or appointment
from the resident for the primary purpose of attempting to sell a
good or service. A "peddler" does not include a person
who distributes handbills or flyers for a commercial purpose, advertising
an event, activity, good or service that is offered to the resident
for purchase at a location away from the residence or at a time different
from the time of visit. Such a person is a "solicitor".
SOLICITOR
A person who attempts to make personal contact with a resident
at his/her residence without prior specific invitation or appointment
from the resident for the primary purpose of,
1.
Attempting to obtain a donation to a particular patriotic, philanthropic,
social service, welfare, benevolent, educational, civic, fraternal,
charitable, political or religious purpose, even if incidental to
such purpose there is the sale of some good or service, or
2.
Distributing a handbill or flyer advertising a commercial event
or service.
This Chapter shall not apply to a Federal, State or local government
employee or a public utility employee in the performance of his/her
duty for his/her employer.
No person shall act as a peddler or as a solicitor within the
City without first obtaining a permit in accordance with this Chapter.
A canvasser is not required to have a permit but any canvasser wanting
a permit for the purpose of reassuring City residents of the canvasser's
good faith shall be issued one upon request.
Any person or organization, formal or informal, may apply for
one (1) or more permits by completing an application form at the office
of the issuing officer during regular office hours.
During the period of time following the application for one (1) or more permits and its issuance, the City shall investigate as to the truth and accuracy of the information contained in the application. If the City has not completed this investigation within the eight (8) business hours provided in Section
610.070, the permit will nonetheless be issued subject, however, to administrative revocation upon completion of the investigation. If a canvasser requests a permit, the investigation will proceed as described above, but if the City refuses to issue the permit (or revokes it after issuance), the canvasser will be advised that the failure to procure a permit does not prevent him/her from canvassing the residents of the City.
If the issuing officer denies, or upon completion of an investigation
revokes, the permit to one (1) or more persons, he/she shall immediately
convey the decision to the applicant orally and shall within sixteen
(16) working hours after the denial prepare a written report of the
reason for the denial which shall be immediately made available to
the applicant. Upon receipt of the oral notification and even before
the preparation of the written report, the applicant shall have at
his/her option an appeal of the denial of his/her application before
the Municipal Court of the City.
If the applicant requests a hearing under Section
610.090, the hearing shall be held in accordance with the Administrative Procedure Act of the State of Missouri and review from the decision (on the record of the hearing) shall be had to the Circuit Court of the County in which the City is located. The hearing shall also be subject to the Missouri open meetings and records law.
Each permit shall be, when the individual for whom it was issued
is acting as a peddler or solicitor, worn on the outer clothing of
the individual as so to be reasonably visible to any person who might
be approached by said person.
A permit shall be valid within the meaning of this Chapter for
a period of six (6) months from its date of issuance or the term requested,
whichever is less.
Any person violating any part of this Chapter shall have committed
a trespass on such property and shall be prosecuted under the general
trespass ordinance of the City. The penalty for such violation shall
be the same as for any other trespass.
[Ord. No. 1884 §2, 5-21-2015]
A. Definitions. As used in this Section, the following
terms have the following meanings:
ORGANIZATION
Any person or entity being represented by a motor vehicle
solicitor and on whose behalf the solicitation takes place.
RIGHT-OF-WAY
Any roadway, avenue, boulevard, alley, highway or other right-of-way
located within the City limits.
RIGHT-OF-WAY SOLICITOR
Any person who attempts to make personal contact with an
occupant of a motor vehicle for the purpose of selling a good or service,
obtaining a donation to a particular cause or organization, distributing
a handbill or flyer advertising any event, activity, cause, organization,
good or service, whether commercial or non-commercial, or enlisting
support for or against a particular religion, philosophy, ideology,
political party, issue or candidate.
B. Right-Of-Way Solicitations Allowed, When.
1.
It shall be unlawful for any right-of-way solicitor to sit or
stand in or next to a right-of-way to solicit the occupants of any
motor vehicle being operated on any right-of-way without first having
obtained a permit as provided herein.
2.
In no event shall a permit be issued to or for the benefit of
any organization, or to any right-of-way solicitor representing a
particular organization, for more than four (4) days in a calendar
year, except that:
a.
Permits may be issued to more than one (1) right-of-way solicitor
representing an organization, provided that the permits so issued
do not extend beyond four (4) days in each calendar year; and
b.
A right-of-way solicitor may obtain additional permits, not
to exceed four (4) days in any calendar year per organization represented,
while representing different organizations.
3.
In no event shall a right-of-way solicitor engage in solicitations
after 6:00 P.M. or before 7:00 A.M. on any day allowed by the right-of-way
solicitor's permit. In no event shall a right-of-way solicitor
engage in solicitations except on the day or days allowed by the right-of-way
solicitor's permit.
4.
No right granted by any permit shall limit or prohibit a police
officer from ordering a right-of-way solicitor to stop solicitations
or exit a specified location if in the judgment of the police officer
the solicitation unreasonably obstructs or delays motor vehicle traffic
or otherwise threatens or impedes the public health, safety or welfare.
C. Application—Permit.
1.
Any organization or right-of-way solicitor may apply for a right-of-way solicitation permit by completing an application form at City Hall during regular office hours in the same manner as provided in Sections
610.030 through
610.060.
2.
The applicant shall provide the name of each right-of-way solicitor,
the name of any organization represented by the right-of-way solicitor,
the date(s), time(s) and location(s) of the desired right-of-way solicitation
and a telephone number for emergency contact.
3.
The permit(s) shall be issued promptly after application but
in all cases within eight (8) business hours of completion of an application,
and said permit shall specify:
a.
The name of the right-of-way solicitor and any represented organization;
b.
The emergency contact telephone number;
c.
The right-of-way location of the solicitation; and
d.
The permitted date(s) and time(s) of the solicitation.
4.
The right-of-way solicitor shall display the permit on his/her
person so to be reasonably visible to any person who might be approached
by the right-of-way solicitor, and the right-of-way solicitor shall
produce the permit on request of any police officer of the City.
[Ord. No. 1884 §3, 5-21-2015]
A. Definitions. As used in this section, the following
terms have the following meanings:
AGGRESSIVE SOLICITING
Soliciting which is accompanied by one (1) or more of the
following:
1.
Approaching, speaking to, or following a person in such a manner
as would cause a reasonable person to fear bodily harm or the commission
of a criminal act upon the person, or upon property in the person's
immediate possession;
2.
In the course of soliciting, touching another person without
that person's consent;
3.
Continuously soliciting from a person, or following the person,
after the person has made a negative response;
4.
Intentionally blocking or interfering with the safe passage
of a person or a vehicle by any means, including unreasonably causing
a person to take evasive action to avoid physical contact;
5.
Using obscene or abusive language either during the course of
soliciting or following a refusal; or
6.
Acting with the intent of intimidating another person into giving
money or another thing of value.
PLACE OPEN TO THE GENERAL PUBLIC
Sidewalks, streets, alleys, driveways, parking lots and garages,
parks, plazas, buildings, doorways and entrances to buildings, the
grounds enclosing buildings, or the mall and/or adjacent parking areas
of any shopping center to which the general public is invited for
business purposes.
SOLICITING
Any act by which one person requests an immediate donation
of money or other thing of value from another or others in person,
regardless of the solicitor's purpose or intended use of the
money or other thing of value. The soliciting may be oral, written,
or by other means of communication.
B. Aggressive Soliciting. It is unlawful for any person
to engage in aggressive soliciting in any place open to the general
public.
C. Soliciting Unlawful; When. It is unlawful for any
person to engage in soliciting:
1.
Within ten (10) feet of any automatic teller machine (ATM);
2.
Within thirty (30) feet of any entrance or exit of any bank,
savings and loan association, credit union or check-cashing business;
3.
In any public transportation vehicle or vehicle used for the
transportation of passengers on scheduled routes on an individual
passenger fare-paying basis;
4.
At any cab stand, or bus, train, Metrolink station or stop;
and
5.
On private property or residential property, if the owner, tenant
or occupant has asked the person not to solicit on the property or
has posted a sign on the property indicating no soliciting.