[R.O. 1997 § 610.010; Ord. No. 48 § 1, 9-1-1995; Ord. No. 887 § 1, 10-14-2002; Ord. No. 1782 § 1, 2-14-2011]
For purposes of this Chapter, the
following terms shall have the meanings herein scribed:
Includes any person who has obtained a valid certificate
of registration, as hereinafter provided, and who has such certificate
in his/her possession and on his/her person while engaged in soliciting.
Includes every separate living unit occupied for residential
purposes by one (1) or more persons and contained within any type
of building or structure.
Includes any one (1) or more of the following activities:
seeking for commercial and/or for profit purpose or gain the obtaining
of orders for the purchase of goods, wares, merchandise, foodstuffs
or services of any kind or description whatsoever, attempting to sell
goods, wares, merchandise, foodstuffs, or services or obtaining subscriptions
to books, magazines, periodicals, newspapers and every other type
or kind of publication.
[R.O. 1997 § 610.020; Ord. No. 48 § 2, 9-1-1995; Ord. No. 704 § 1, 4-23-2001; Ord. No. 887 § 2, 10-14-2002; Ord. No. 1782 § 1, 2-14-2011]
It shall be unlawful for any person, firm or corporation to go in or upon any public or private property in the City for the purpose of soliciting, as defined in Section 610.010, without having first applied for and received a certificate of registration as hereinafter provided.
[R.O. 1997 § 610.030; Ord. No. 48 § 3, 9-1-1995; Ord. No. 887 § 3, 10-14-2002; Ord. No. 1782 § 1, 2-14-2011; Ord. No. 1873 §§ 1—2, 6-11-2012]
A.
The applicant shall truthfully state in
full and provide the information and items requested on the application,
which shall include at least the following:
1.
Name and address of present place
of residence and length of residence at such address; also business
address if other than residence address, and Social Security number.
2.
Physical description of applicant
and current photo.
3.
Copy of driver's license, passport,
or some other government issued identification.
4.
Name and address of person, firm,
corporation or association by whom the applicant is employed or represents,
and length of time of such employment or representation.
5.
Description sufficient for identification
of the subject matter of the soliciting which the applicant will engage
in.
6.
Period of time for which the certificate
is applied for to be valid.
7.
Date, or approximate date, of latest
previous application for a certificate of registration under this
Chapter, if any.
8.
Whether a certificate of registration
issued to the applicant under this Chapter has ever been revoked.
9.
Whether the applicant has ever been
convicted of a violation of any of the provisions of this Chapter
or any ordinance of any other municipality regulating soliciting.
10.
A list of all offenses, misdemeanors
and felonies resulting in a conviction within the last seven (7) years.
11.
A description of any vehicle(s) to
be used in connection with the soliciting, including license plate
number.
12.
Copies of all written materials to
be distributed during the soliciting.
13.
Such additional information as the
Police Department may deem necessary to process the application.
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All statements made by the applicant
upon the application or in connection therewith shall be under oath.
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B.
Each application submitted under this Chapter
shall be accompanied by a current certified criminal background report
issued by St. Louis County, Missouri. The report is deemed current
if issued within thirty (30) days of the date of the solicitor's application.
Until such time as this report is submitted, the solicitor's application
is not complete and will not be processed.
C.
Each applicant shall pay an application
fee of twenty-five dollars ($25.00). The application shall contain
the name and address of each person who will be participating in the
solicitation.
D.
The City Administrator shall cause to be
kept an accurate record of every application received and acted upon,
a list of complaints received, together with all other information
and data pertaining thereto, and all certificates of registration
issued under the provisions of this Chapter and of the denial of applications.
E.
No certificate of registration shall be
issued to any person who has been convicted of the commission of a
felony, or a misdemeanor offense of stealing, any sex offense, trespassing
or assault, of the laws of the State of Missouri or any other State
or the Federal laws of the United States within seven (7) years of
the date of the application; nor to any person who has been convicted
of a violation of any of the provisions of this Chapter; nor to any
person whose certificate of registration issued hereunder had previously
been revoked, as herein provided.
F.
No certificate of registration shall be
issued to an applicant until he/she demonstrates that he/she or his/her
employer has a valid retail sales license issued by the State Director
of Revenue as required by Section 144.083, RSMo.
[R.O. 1997 § 610.040; Ord. No. 48 § 4, 9-1-1995; Ord. No. 1782 § 1, 2-14-2011]
A.
The City Administrator or his/her designee
shall be allowed up to two (2) hours from submittal of a completed
application to investigate the applicant's qualifications. After consideration
of the application and all information obtained relative thereto,
the City Administrator or said designee shall issue the certificate
or deny the application if the applicant does not possess the qualifications
for such certificate as herein required. Endorsement shall be made
by the Police Department upon the application of the denial of an
application.
B.
Any certificate issued hereunder may be
revoked by the City Administrator or his/her designee in the event
there is a violation of any provision of this Chapter, in the event
of fraud, misrepresentation or incorrect statement in completing the
application or in carrying out the soliciting activities or in the
event of any breach of the peace or activities deemed to be a detriment
to health, safety or general welfare of the public.
[R.O. 1997 § 610.050; Ord. No. 48 § 5, 9-1-1995; Ord. No. 373 § 3, 1-26-1998; Ord. No. 887 § 4, 10-14-2002; Ord. No. 1782 § 1, 2-14-2011]
A.
Solicitors Holding No Business License. Except as provided in Subsection (B), a certificate of registration shall be issued for a specific period of time not to exceed twenty-eight (28) calendar days. Renewal of certificates shall require an additional application fee. A maximum of three (3) certificates per year shall be issued to any person, firm or organization.
B.
Solicitors Holding A Business License.
Any person holding a valid business license within the City of Wildwood
shall be entitled to register at no additional cost up to two (2)
persons who are bona fide employees of such licensed business to solicit
within the City, whose certificate of registration shall be valid
for the term of the business license. Any solicitors employed by such
licensed business in excess of two (2) shall be required to pay the
regular fee to register and obtain the solicitor's license and such
license shall be valid for the period of the business license. No
fee paid hereunder shall be prorated.
[R.O. 1997 § 610.060; Ord. No. 48 § 6, 9-1-1995; Ord. No. 1782 § 1, 2-14-2011]
A certificate of registration issued
pursuant to this Chapter shall be carried at all times by the solicitor
to whom issued when soliciting or canvassing in the City and shall
be exhibited by such solicitor whenever he/she shall be requested
to do so by any officer of the City or by any person being solicited.
[R.O. 1997 § 610.070; Ord. No. 48 § 7, 9-1-1995; Ord. No. 1782 § 1, 2-14-2011]
A.
Solicitors are required to use only the
front or main entrance to the residence and must remain on the walkway,
where one exists.
B.
It shall be the duty of every solicitor
upon going onto premises in the City to first examine any notice which
may have been placed on such premises and to be governed by any statement
contained in such notice.
C.
If the notice states "NO TRESPASSING OR
SOLICITING ALLOWED," then the solicitor shall immediately and peacefully
depart from the premises. Any such solicitor who has gained entrance
to any residence, whether invited or not, shall immediately and peacefully
depart from the premises when required to do so by the occupant.
[R.O. 1997 § 610.080; Ord. No. 48 § 8, 9-1-1995; Ord. No. 1782 § 1, 2-14-2011]
It is hereby declared to be unlawful
and shall constitute a nuisance for any person to go upon any premises
and ring the doorbell upon or near any door, or create any sound in
any manner calculated to attract the attention of the occupant to
such residence for the purpose of securing an audience with the occupant
thereof and engage in soliciting either as herein defined or otherwise
in defiance of the notice exhibited at the residence.
[R.O. 1997 § 610.090; Ord. No. 48 § 9, 9-1-1995; Ord. No. 1782 § 1, 2-14-2011]
It is hereby declared to be unlawful
and shall constitute a nuisance for any person, whether registered
under this Chapter or not, to go upon any premises and ring the doorbell
upon or near any door of a residence located thereon, or rap or knock
upon any door or create any sound in any other manner calculated for
the purpose of securing an audience with the occupant thereof and
engage in soliciting, as herein defined, prior to 9:00 A.M. and after
7:00 P.M. during November through March, inclusive, and after 8:00
P.M. during any other month.
[R.O. 1997 § 610.100; Ord. No. 48 § 10, 9-1-1995; Ord. No. 887 § 5, 10-14-2002; Ord. No. 1782 § 1, 2-14-2011]
It shall be unlawful for any person
in the public rights-of-way to solicit, offer for sale or transact
the sale of goods or services, seek donations or contributions, or
distribute materials to vehicles, whether for commercial or charitable
or non-profit purposes; except nothing in this Section shall be deemed
to prohibit otherwise lawful non-commercial activities on sidewalks
or other designated areas where such activities do not hinder or stop
vehicular traffic or adversely affect public safety.
[R.O. 1997 § 610.110; Ord. No. 48 § 11, 9-1-1995; Ord. No. 1607 § 1, 3-23-2009; Ord. No. 1782 § 1, 2-14-2011]
Upon conviction of any violation of this Chapter, the punishment shall be as set out in Section 100.140 of this Code.
