[CC 1997 Ch. 23; Ord. No. 1874-86, 5-7-1986]
A. The Council
does hereby find that the unregulated presence of peddlers, hawkers
and solicitors creates problems and concerns, especially in residential
areas.
B. The Council
does hereby find that the City has a crime problem which occurs after
the hours of 6:00 P.M. and until 6:00 A.M. and that forty percent
(40%) to fifty percent (50%) of the crimes in the City occur between
these hours.
C. It is
especially necessary to regulate and control peddling, hawking and
soliciting during said hours and the Council does hereby find such
regulation will be of valuable assistance to the Police Department
and a further protection against crime occurring to the citizens of
the City of Hazelwood.
D. The Council
does further find that the adoption of the following Chapter is for
the protection of the citizens of the City and for their welfare.
[CC 1997 §23.1; Ord. No. 1874-86, 5-7-1986]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
HAWKER
Any person who sells or offers for sale in any wagon, vehicle
or other conveyance, drawn by hand or otherwise, or by motor vehicle,
in the streets, by outcry or by going from place to place in the City,
any fruit, vegetable, poultry, game, ice cream or other articles of
food. No farmer selling his own produce shall be deemed to be a hawker
within the meaning of this Chapter.
PEDDLER
Any person who deals in the selling of patent or other medicines,
goods, wares and merchandise in the streets, by outcry or by going
on foot, or by vehicle, from place to place within the City.
SOLICITOR
Any person who makes personal contact with a resident at
his residence without prior invitation from the resident to sell goods
or services, or attempts to take orders for sale of goods, wares and
merchandise, personal property of any nature whatsoever for future
delivery, or for services to be performed in the future. Solicitors
shall obtain a business license from the City before attempting to
sell a product or service.
[CC 1997 §23.2; Ord. No. 1874-86, 5-7-1986]
A. License.
1. Required. It shall be unlawful for any person to carry on
the business of a peddler or hawker without obtaining a license therefor.
2. Fee. Every person defined to be a peddler or hawker shall
procure from the Director of Finance, on or before the sixteenth (16th)
day of March of each year, a peddler's or hawker's license and shall
pay a license fee of twenty-five dollars ($25.00) per annum.
3. Term. Any new peddler or hawker who applies for a license
after the beginning of the usual license year shall be charged therefor
on a prorata basis in the proportion that the number of days remaining
in the year bears to the total number of days in said year.
4. Displayed on demand. Every license issued pursuant to this
Chapter shall show the place of residence of such peddler or hawker.
Each person engaged in such business shall carry the license with
him and exhibit it whenever required by any Police Officer or other
person authorized under the law to enforce this Chapter.
5. Non-transferable. No license shall be assignable or transferable.
6. Record of licenses granted. The Director of Finance shall
keep a record of the names of all persons to whom a license as a peddler
or a hawker has been issued, their place of residence and the date
of its issuance. Such record shall be open at all times to the inspection
of the Chief of Police or any member of the City Police Department,
or City administration.
B. Hours Of Operation.
1. No person
shall sell or offer for sale in the capacity of a peddler, any goods,
wares and merchandise, or any item, within the corporate limits of
the City except between the hours of 9:00 A.M. and 7:00 P.M., November
through March, and 9:00 A.M. to 8:30 P.M., April through October.
2. No person
shall sell or offer for sale in the capacity of hawker, any article
of food within the corporate limits of the City except between the
hours of 9:00 A.M. and 7:00 P.M., November through March, and 9:00
A.M. to 8:30 P.M., April through October.
[CC 1997 §23.3; Ord. No. 1874-86, 5-7-1986]
A. Identification Card—Required.
1. Required.
It shall be unlawful for any person, firm or corporation to carry
on the business of a solicitor unless such person, firm or corporation
shall first obtain an identification card as hereinafter provided
and shall acknowledge receipt of a copy of this Chapter. Before soliciting,
such person, firm or corporation shall file with the Director of Finance,
a written application for each person who is to solicit. The applicant
shall provide the following data:
d. A
physical description of the applicant, setting forth age, height,
weight, color of hair and eyes, and sex.
f. A
brief description of the proposed activity subject to this identification
card requirement.
g. A
statement as to whether or not the applicant has been convicted of
any crime, and if so, the nature of the offense and the penalty imposed.
h. A
statement as to whether or not the applicant has been convicted of
a felony or a misdemeanor involving moral turpitude within the past
seven (7) years, and the nature of the offense, the State where the
conviction occurred, and the year of such conviction.
i. The
motor vehicle make, model, year, color, vehicle identification number
and State license plate number of any vehicle which may be used in
the proposed activity.
j. A
statement by the applicant as to whether a solicitation permit has
been denied or revoked by any other governmental entity, and if so,
the name of each governmental entity denying or revoking said permit,
the reason for each denial or revocation, and the date of each denial
or revocation.
k. A
statement as to the term of the intended solicitation.
l. Nature
of goods, wares, merchandise or printed matter offered for sale.
m. Name
and address of the firm for or on whose behalf the orders are solicited,
or the supplier of the goods involved.
n. Name
of person, business or organization licensed by the City of Hazelwood.
o. A
specimen of the applicant's signature.
p. Applicant
shall provide such documentation as required by the Director of Finance
to verify statements made in the application.
2. Each
person in a group solicitation shall be considered a separate applicant.
3. Applicant
may provide any additional relevant information.
B. Issuance. Within three (3) working days of the proper filing
of such application, the Director of Finance shall issue the requested
identification card, unless:
1. The
applicant has been convicted of a felony or a misdemeanor involving
moral turpitude within the past seven (7) years.
2. Any
statement upon the application is false, unless the applicant can
demonstrate that the falsehood was the result of excusable neglect.
3. The
applicant has had a previous identification card revoked in this or
any other governmental entity for cause which would be grounds for
denial or revocation under this Chapter.
C. Fee. There shall be no fee for a solicitor's identification
card.
D. Term. An identification card issued to a solicitor who
has a valid City business license for a business situs within Hazelwood
corporate limits may be issued for a period of one (1) year for solicitation
in conjunction with that business, and said card shall expire thereafter
unless renewed. All other identification cards shall expire thirty
(30) days after the date of issuance, but may be renewed in the same
manner as originally issued.
E. Investigation. The Chief of Police shall investigate the
truth and accuracy of the information contained on the application
to determine that the applicant is entitled to the identification
card as hereinabove stated.
F. Denial. If the Director of Finance denies the issuance
of an identification card to an applicant, he shall prepare promptly,
and in no event later than two (2) working days after the denial,
a written report of the reason for its denial which shall be immediately
made available to the applicant.
G. Appeal.
If an identification card is denied to an applicant, the applicant
shall have at his option an appeal relative to the denial of his application.
Such appeal shall be filed with the City Clerk within ten (10) days
of the denial, and a hearing shall be scheduled in accordance with
the following:
1. Within
fifteen (15) days of the date on which an appeal is filed, a hearing
shall be scheduled before the Municipal Court of the City. Due notice
of the date of the hearing shall be given to the applicant and the
public.
2. If the
applicant requests a hearing herein, the said hearing shall be held
in accordance with the Administrative Procedure Act of the State of
Missouri, and review from the decision shall be had to the Circuit
Court of St. Louis County, Missouri, on the record.
H. Display. When the individual for whom it was issued is acting
as a solicitor, the identification card must be worn on the outer
clothing of the solicitor, so as to be reasonably visible to any person
who might be approached by said solicitor. All identification cards
shall, upon demand, be exhibited to any Police Officer or other City
Official, and shall be displayed to any person who is being solicited.
I. Revocation. Any identification card granted hereunder may
be revoked by the Municipal Court after the filing of an information
by the City Attorney and a hearing thereon for any of the following
causes:
1. Any
violation of this Chapter or any other provisions of the Municipal
Code by the applicant to whom the particular identification card was
issued.
2. Fraud,
misrepresentation or incorrect statement made in the application for
an identification card or in the course of carrying on the activity.
3. Conviction
of a felony or misdemeanor involving moral turpitude.
4. Conducting
the activity in such a manner as to constitute a breach of the peace
or a menace to the health, safety or general welfare of the public.
J. Hours Of Operation. No person shall solicit within the
corporate limits of the City except between the hours of 9:00 A.M.
and 7:00 P.M., November through March, and 9:00 A.M. to 8:30 P.M.,
April through October.
K. General Prohibitions.
1. No solicitor
shall enter upon any private property for the purpose of soliciting
where the property is clearly posted in the front yard of said property
by a sign visible from the right-of-way, public or private, indicating
a prohibition against soliciting at said property. Such sign need
not exceed one (1) square foot in size and contain words "No Soliciting"
or "No Solicitors" in letters of at least two (2) inches in height.
2. Any
solicitor who shall enter upon any private property for the purpose
of soliciting, which property is not posted by a yard sign, as provided
in (1) above, but where a notice in the form of a sign or sticker
is placed upon any door or entrance way leading into the residence
or dwelling at which guests would normally enter the residence or
dwelling, shall, upon sighting such sign, forthwith remove himself
from the property, without disturbing the persons living therein.
Said sign shall contain letters not less than one (1) inch in height
and the words "No Soliciting" or "No Solicitors" and shall be visible
to any solicitor or companion approaching the door or entrance way
described herein.
3. Even
though a solicitor obtains the consent of the manager or owner to
solicit in a multi-family dwelling or development, the solicitor shall
not solicit from any tenant therein whose property is posted in the
manner provided in (2) above. For purposes of this paragraph, a multi-family
dwelling shall be any building containing two (2) or more dwelling
units within said building. A multi-family development shall be construed
as two (2) or more multi-family dwelling buildings owned or managed
by the same person(s), firm or corporation.
4. No solicitation
shall be made except at the front entrance of a residence or dwelling
unit, unless the residence or dwelling does not have a front entrance
or it is obvious that the front entrance is not used. In that case
the solicitor shall use such entrance as is most obviously used as
a guest entrance to the residence, but no solicitor shall go from
door to door in the residence in an attempt to avoid a "No Solicitors"
notice.
5. No solicitor
shall remove any yard sign, door or entrance sign which is placed
there by a resident owner or tenant as a notice to solicitors that
such owner or tenant does not invite solicitation.
6. Any solicitor who shall violate any of the provisions of this Section and any Subsections hereof shall commit a trespass on such property, and upon conviction thereof shall be penalized as set forth in Section
100.130 of the Hazelwood Municipal Code.
7. The
above provisions shall not apply to any solicitor who shall have received
an invitation from the owner of a residence or tenant of a residence
or dwelling prior to entering upon any posted property for purposes
of solicitation.
L. Payments To Solicitors. When any person soliciting within
the City takes any down payment, he shall give a written receipt for
the order, which receipt shall be signed by the solicitor and shall
set forth a brief description of the goods, wares, merchandise, printed
matter or services ordered, the total purchase price thereof and the
amount of the down payment received by the solicitor from the purchaser.
[CC 1997 §23.4; Ord. No. 1874-86, 5-7-1986]
Unpaid voluntary solicitors for bona fide not-for-profit organizations
are hereby exempted from the license and identification cards regulations
herein. Such organizations shall file their intent to solicit and
document said not-for-profit status with the Finance Department.
[CC 1997 §23.5; Ord. No. 1874-86, 5-7-1986]
If any Section, Subsection, paragraph, sentence, clause or phrase
of this Chapter should be declared unconstitutional or otherwise invalid
for any reason whatsoever, by the valid judgment or decree of any
court of competent jurisdiction, such decision shall not affect the
remaining portions of this Chapter which shall remain in full force
and effect; and to this end the provisions of this Chapter are hereby
declared to be severable.