City of Bridgeton, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 80-49 §2, 7-16-1980; Ord. No. 13-33 §1, 8-21-2013]
For the purpose of this Chapter, the following words as used herein shall be considered to have the meanings herein ascribed thereto:
CANVASS SOLICITING
Any one (1) or more of the following activities:
1. 
Disseminating written materials or oral views; or
2. 
Requesting information on the background, occupation, economic status, social status, religious status, political status, attitudes or viewpoints of another person.
CHARITABLE SOLICITING
Any one (1) or more of the following activities:
1. 
Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any individual, firm, corporation, organization, association or group which is registered as a non-profit organization under the laws of any state of the United States or of the federal government or under the election laws of any state of the United States or of the federal government.
2. 
Seeking to obtain money, clothing or any other valuable thing in return for literature, artifacts or goods of any individual, firm, corporation, organization, association or group which is registered as a non-profit organization under the laws of any state of the United States or of the federal government or under the election laws of any state of the United States or of the federal government or is subject to the election laws of any state or of the United States.
COMMERCIAL SOLICITING
Any one (1) or more of the following activities:
1. 
Seeking to sell or to obtain orders for the purchase of goods, wares, merchandise, foodstuffs or other services, goods or contracts of any kind, character or description whatever, for any kind of consideration whatever, or dissemination thereof without consideration; or
2. 
Requesting information on the background, occupation, economic status, social status, religious status, political status, attitudes, viewpoints, occupants of a residence, telephone number, address, furnishings or the like of any person for the actual or alleged purpose of compiling such information as raw data or refined data into a document, record, book or directory to be sold, or to be used wholly or in part for commercial purposes; or
3. 
Seeking to obtain subscription to books, magazines, periodicals, newspapers or any other type or kind of publication; or
4. 
Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any individual, firm, corporation, organization, association or group not falling within the definition of "charitable soliciting" as set forth in the definition above.
REGISTERED SOLICITOR or REGISTRANT
Any person who has complied with the requirements for registration as hereinafter provided.
RESIDENCE
Every separate living unit occupied for residential purposes by one (1) or more persons, contained within any type of building or structure.
RIGHT-OF-WAY
Any public highway, street, avenue, boulevard, parkway, alley or other public thoroughfare. Right-of-way shall not include sidewalks.
SOLICITING
Canvass soliciting, charitable soliciting and/or commercial soliciting.
SOLICITOR
Any person or organization conducting activities falling within the scope of the definitions set forth above. Each individual in a firm, corporation, organization, association or group shall be considered a solicitor.
[Ord. No. 80-49 §2, 7-16-1980; Ord. No. 13-33 §1, 8-21-2013]
A. 
The provisions of Sections 640.030 through 640.060, 640.090 and 640.110 through 640.112 of this Chapter shall not apply to:
1. 
Officers or employees of a city, county, state or federal government, or any subdivision thereof, when on official business; or
2. 
Any solicitation conducted entirely by mail or by telephone; or
3. 
Any news-gathering activity for any news medium; or
4. 
Any solicitor who is invited to a residence by an occupant of that residence.
[Ord. No. 80-49 §2, 7-16-1980; Ord. No. 13-33 §1, 8-21-2013]
Except as otherwise provided by this Chapter, every individual desiring to engage in soliciting, as herein defined, from persons and residences within this municipality is hereby required to make written application for a certificate of registration as hereinafter provided. No person shall be permitted to engage in soliciting unless that person has been issued a certificate of registration. Such certificate shall be carried by the solicitor. Any person soliciting within this City shall, upon demand, exhibit his certificate of registration to any police officer, other City official or private resident upon whose premises he is soliciting.
[Ord. No. 80-49 §2, 7-16-1980; Ord. No. 13-33 §1, 8-21-2013]
A. 
Application For A Certificate of Registration.
1. 
Any person desiring to engage in solicitation in this City shall file, on a form to be supplied by the City Clerk, an application with the City Clerk stating:
a. 
Name of the applicant.
b. 
Permanent home address of the applicant.
c. 
Name and address of the individual, firm, corporation, organization, association or group represented.
d. 
Nature of the merchandise to be sold or offered for sale, the nature of the service to be furnished, or the purpose for solicitation.
e. 
Date on which he or she desires to commence soliciting.
f. 
Period of time for which a certificate is requested.
g. 
The make, model, year, color and license number and state of licensing of the applicant's motor vehicle.
h. 
Place or places of residence of the applicant for the preceding three (3) years.
i. 
Names of other communities in Missouri in which the applicant has worked as a solicitor or canvasser in the past two (2) years.
j. 
Names of other communities in Missouri in which the individual, firm, corporation, organization, association or group for which applicant is soliciting has engaged in soliciting in the past two (2) years.
k. 
Whether or not the applicant has ever been convicted of a violation of a felony under the laws of the State of Missouri, or any other state or federal law of the United States.
2. 
Said application shall also be accompanied by a letter or other written statement from the individual, firm, corporation, organization, association or group for which the applicant will be soliciting, certifying that the applicant is authorized to act as a representative of that individual, firm, corporation, organization, association or group.
3. 
The applicant shall, upon request, submit to fingerprinting and photographing by the Police Department in connection with the application for the certificate.
4. 
All statements made by the applicant upon the application or in connection therewith shall be under oath.
5. 
At the time of filing the application, a fee of five dollars ($5.00) shall be paid to the City Clerk to cover the cost of processing the application.
B. 
Processing Of Application. The City Clerk shall cause to be kept in his or her office an accurate record of every application received, together with all other information and data pertaining thereto and all certificates of registration or exemption issued under the provisions of the Chapter, and of the denial of applications. Applications for certificates of registration shall be numbered in consecutive order as filed; and every certificate issued, and any renewal thereof, shall be identified with a duplicate number of the application upon which it was issued. Within two (2) working days of receipt of the application by the City Clerk, the original of said application shall be referred to the Chief of Police for investigation.
C. 
Investigation And Approval. The Chief of Police shall cause such investigation to be made of the applicant's business and moral character and the business and moral character of the individual, firm, corporation, organization, association or group for which the applicant will be soliciting as he deems necessary for the protection of the public good. The Chief of Police shall endorse on such application his approval and return the application to the City Clerk within ten (10) working days from the date of receipt of the application by the Chief of Police, unless:
1. 
The individual requesting the certificate of registration has, within two (2) years of the date of the application:
a. 
Been convicted of the commission of a felony under the laws of Missouri or any other state or federal law of the United States; or
b. 
Been convicted of a violation of any of the provisions of this Chapter; or
c. 
Lost his or her certificate of registration by revocation as herein provided; or
d. 
Been convicted of a crime, misdemeanor or violation of any ordinance concerning canvassing or soliciting; or
e. 
Falsified any information required by this Chapter as a part of the application process; or
2. 
The individual, firm, corporation, association, organization or group for which the applicant will be soliciting has, within two (2) years of the date of the application:
a. 
Been convicted of a violation of any provisions of this Chapter; or
b. 
Lost its certificate of registration by revocation as herein provided; or
c. 
Been convicted of a crime, misdemeanor or violation of any ordinance concerning canvassing or soliciting; or
d. 
Been convicted of a felony or misdemeanor involving or found civilly liable for fraud or misrepresentation in solicitation, or misuse of funds solicited.
D. 
Refusal Of Application. If, as a result of such investigation, the applicant is not entitled to receive a certificate of registration under this Chapter for any of the reasons set forth in Subsection (C) of this Section, the Chief of Police shall endorse on such application his disapproval and his reasons for the same, and return the application to the City Clerk, who shall notify the applicant that his or her application is disapproved and that no certificate will be issued.
E. 
Issuance Of Certificate Of Registration.
1. 
City Clerk. If, after such investigation, the applicant is found to be entitled to receive a certificate of registration on under this Chapter, the Chief of Police shall endorse on the application his approval and return the application to the City Clerk, who shall, upon payment of all fees, if any, required by this Chapter or any other ordinance, deliver to the applicant his or her certificate of registration.
2. 
Contents of certificate. Such certificate shall contain the signature and seal of the City Clerk and shall show the name, address and photograph of the solicitor, the kind of solicitation to be made thereunder, the amount of fee paid, the date of issuance of the certificate and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle to be used in such soliciting or canvassing. The City Clerk shall keep a permanent record of all certificates issued.
3. 
Fee. The fee which shall be charged by the City Clerk for issuance or renewal of such certificate of registration shall be twenty dollars ($20.00); provided, however, that when more than one (1) individual plans to solicit for the same group, organization, corporation or cause, no more than one (1) twenty-dollar fee shall be required with respect to the total number of all such solicitors, for the period of validity of the certificate issued on payment of that fee. A certificate of registration shall be good for one (1) year unless a shorter period of time is specified in the application.
[Ord. No. 80-49 §2, 7-16-1980; Ord. No. 13-33 §1, 8-21-2013]
No person desiring to engage in canvass solicitation in this City shall be required to register unless such canvass solicitor intends to perform canvass solicitation in a right-of-way; provided however, that an individual, group, organization, corporation or cause engaged in canvass soliciting as defined in Section 640.010 herein who engages in any activity which comes within the definition of commercial soliciting or charitable soliciting as defined in Section 640.010 herein, shall be subject to the provisions of this Chapter applicable to commercial or charitable solicitors; provided further, that canvass solicitors shall be subject to all provisions of this Chapter except the requirement to register as provided above.
[Ord. No. 80-49 §2, 7-16-1980; Ord. No. 83-43 §1, 7-6-1983; Ord. No. 86-1 §1, 1-2-1986; Ord. No. 93-16 §1, 3-17-1993; Ord. No. 13-33 §1, 8-21-2013]
A. 
It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether registered under this Chapter or not, to go uninvited upon any premises and ring the door bell 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 to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined, except during the following hours:
1. 
During the fall and winter months, when Central standard time is being observed, 10:00 A.M. to 6:00 P.M.
2. 
During the spring and summer months, when Central daylight saving time is being observed, 10:00 A.M. to 8:30 P.M.
B. 
Except as provided in Section 640.110, no solicitor may solicit from the paved portion of any right-of-way; provided, however, that this prohibition shall not apply to solicitation of the sale of ice cream products and other frozen dessert products from the paved portion of any right-of-way between the hours of 9:00 A.M. and 8:30 P.M.
C. 
Entering inside a private residence of the City by a solicitor, not having been invited or requested to do so by the occupant or owner of such residence, is declared to be a nuisance.
D. 
Any solicitor 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.
E. 
When any solicitor takes a partial payment for goods, wares, merchandise, foodstuffs, service or subscription from a person who has been solicited, he shall execute and give to the person solicited a written receipt for the order, which receipt shall be signed by the solicitor and shall set forth a brief description of the item or items ordered, the total price thereof, including the principal and separately, any interest or service charge, and the amount of the partial payment received by the solicitor from the person being solicited.
[Ord. No. 80-49 §2, 7-16-1980; Ord. No. 13-33 §1, 8-21-2013]
A. 
It shall be the duty of the City Police, as well as the City Clerk, to see that the provisions of this Chapter are enforced and obeyed. The police shall at all times keep vigilant watch for any violation and shall issue summons in case of any violation detected, whether or not any complaint has been made.
B. 
The Police Department shall report to the City Clerk all convictions for violation of this Chapter, and the City Clerk shall maintain a record for each license issued and record the reports of violation therein.
[Ord. No. 80-49 §2, 7-16-1980; Ord. No. 13-33 §1, 8-21-2013]
A. 
Any certificate of registration issued pursuant to this Chapter may be revoked by written order of the Chief of Police because of any violation by the registrant of this Chapter or any other ordinance of the City, or of state or federal law, or upon proof that the registrant has been participating in disorderly conduct, fraud or misrepresentation in connection with his solicitation, or whenever the registrant shall cease to possess the qualifications and character required in this Chapter for the original registration. The registrant shall promptly be mailed written notice of such decision.
B. 
Any person aggrieved by the decision of the Chief of Police to deny or revoke a certificate of registration shall have the right to appeal to the City Council. Such appeal shall be taken by filing with the City Council, within fourteen (14) days after notice of the action complained of has been mailed to the registrant's last-known address, a written statement fully setting forth the grounds for the appeal. The City Council shall set a place and time for hearing the appeal; and notice of such hearing shall be mailed to the appellant, postage prepaid, at his or her last-known address, at least five (5) days prior to the date set for hearing. The decision and order of the City Council on such appeal shall be final and conclusive.
C. 
Each certificate of registration shall expire at the end of the period stated on the certificate.
[Ord. No. 80-49 §2, 7-16-1980; Ord. No. 04-50 §10, 10-6-2004; Ord. No. 13-33 §1, 8-21-2013]
Any person violating the provisions of this Chapter shall, upon conviction, be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment.
[Ord. No. 13-33 §1, 8-21-2013]
A. 
No person shall stand on a paved portion of a right-of-way for the purpose of soliciting from the occupant of any vehicle within the City, except at the intersections provided in Section 640.111 and except as provided in this Chapter. The solicitor shall register as provided in Section 640.040 and shall only have the privilege of soliciting on the paved portion of the right-of-way if a certificate of registration is issued pursuant to that Section and the other provisions of this Chapter. In addition, the solicitor and the soliciting organization shall:
1. 
Be liable for any injuries to any person or property during the solicitation which is causally related to an act of ordinary negligence or willful misconduct of the soliciting agent;
2. 
Execute a hold harmless agreement in favor of the City and its employees or agents in a form provided by the City; and
3. 
Only solicit during daylight hours on Fridays, Saturdays, Sundays and any national holidays.
B. 
Any person engaged in the act of solicitation on a paved portion of a right-of-way shall be eighteen (18) years of age or more and shall be wearing a high-visibility vest.
C. 
Solicitation on rights-of-way shall be limited to no more than three (3) days of solicitations per calendar year. Applications for solicitation dates will not be accepted if the date requested is more than one (1) year in advance.
D. 
Only one (1) organization or individual shall be allowed to solicit contributions on designated rights-of-way on any day. The City shall authorize on a first-come-first-served basis the days and location for solicitation on rights-of-way.
[Ord. No. 13-33 §1, 8-21-2013]
A. 
The following locations shall be the only sites or locations for which certificates of registration may be issued for solicitation in rights-of-way:
1. 
The intersection of St. Charles Rock Road and Fee Fee Road; and
2. 
The intersection of St. Charles Rock Road and McKelvey Road.
B. 
No permits or certificates of registration for solicitation on in rights-of-way shall be issued for use when events, street conditions, weather factors or other factors pose significant safety concerns to the general public and any such permit or certificate of registration may be revoked by the Chief of Police or his designee immediately if the City determines that events, street conditions, weather conditions or other factors pose safety concerns. If the Chief of Police or his designee revokes a permit or certificate of registration for such reason, the solicitor shall immediately cease solicitation.
[Ord. No. 13-33 §1, 8-21-2013]
All permits or certificates of registration for solicitation in rights-of-way approved by the City Clerk shall not be issued until seven (7) days prior to the date requested for the permit or certificate of registration. In the event the City determines there is some type of hazard, construction or other safety issue prior to issuance of the permit or certificate of registration, the City has the authority to withhold issuance of the permit or certificate of registration.