Editor's Note — Ord. no. 1509 §1, adopted October
7, 2002, repealed this chapter and enacted the new provisions set
out herein. Former chapter derived from CC 1970 §§28-1
— 28-14; ord. no. 860 §§28-1 — 28-8, 28-10
— 28-14, 6-17-1975; ord. no. 987 §1(28-9), 7-1-1980; ord.
no. 1276 §1(28-15), 11-15-1994.
[Ord. No. 1509 §1, 10-7-2003]
As used in this Chapter, the following words have the meaning
indicated:
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 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
Distributing a handbill or flyer advertising a non-commercial
event or service.
The City Clerk for the City of Rock Hill, Missouri.
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".
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 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
Distributing a handbill or flyer advertising a commercial event
or service.
[Ord. No. 1509 §1, 10-7-2003]
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.
[Ord. No. 1509 §1, 10-7-2003]
No person shall act as a peddler or as a solicitor within the
City without first obtaining an identification card in accordance
with this Chapter. A canvasser is not required to have an identification
card but any canvasser wanting an identification card for the purpose
of reassuring City residents of the canvasser's good faith shall be
issued one upon request.
[Ord. No. 1509 §1, 10-7-2003]
A.
The fee
for the issuance of each identification card shall be:
1.
For
a peddler acting on behalf of a merchant otherwise licensed to do
business within the City — no fee.
2.
For
a peddler acting on behalf of a merchant not otherwise licensed to
do business within the City — a fee of five dollars ($5.00)
per day.
3.
For
a solicitor (including a commercial solicitor advertising an event,
activity, good or service for purchase at a location away from the
residence) — no fee.
4.
For
a canvasser requesting an identification card — no fee.
[Ord. No. 1509 §1, 10-7-2003]
Any person or organization (formal or informal) may apply for
one (1) or more identification cards by completing an application
form at the office of the issuing officer during regular office hours.
[Ord. No. 1509 §1, 10-7-2003]
A.
The applicant
(person or organization) shall provide the following information:
1.
Name
of applicant.
2.
Number
of identification cards required.
3.
The
name, physical description and photograph of each person for which
a card is requested. In lieu of this information, a driver's license,
State identification card, passport or other government-issued identification
card (issued by a government within the United States) containing
this information may be provided and a photocopy taken. If a photograph
is not supplied, the City will take an instant photograph of each
person for which a card is requested at the application site. The
actual cost of the instant photograph will be paid by the applicant.
4.
The
permanent and (if any) local address of the applicant.
5.
The
permanent and (if any) local address of each person for whom a card
is requested.
6.
A brief
description of the proposed activity related to this identification
card. (Copies of literature to be distributed may be substituted for
this description at the option of the applicant.)
7.
Date
and place of birth for each person for whom a card is requested and
(if available) the Social Security number of such person.
8.
A list
of all infraction, offense, misdemeanor and felony convictions of
each person for whom a card is requested for the seven (7) years immediately
prior to the application.
9.
The
motor vehicle make, model, year, color and State license plate number
of any vehicle which will be used by each person for whom a card is
requested.
10.
If
a card is requested for a peddler:
a.
The
name and permanent address of the business offering the event, activity,
good or service (i.e., the peddler's principal).
b.
A
copy of the principal's sales tax license as issued by the State of
Missouri, provided that no copy of a license shall be required of
any business which appears on the City's annual report of sales tax
payees as provided by the Missouri Department of Revenue.
c.
The
location where books and records are kept of sales which occur within
the City and which are available for City inspection to determine
that all City sales taxes have been paid.
11.
If
a card is requested for a solicitor:
12.
Any
other information the applicant wishes to provide, perhaps including
copies of literature to be distributed, references to other municipalities
where similar activities have occurred, etc.
[Ord. No. 1509 §1, 10-7-2003]
A.
The identification
card(s) shall be issued promptly after application but in all cases
within sixteen (16) business hours of completion of an application,
unless it is determined within that time that:
1.
The
applicant has been convicted of a felony or a misdemeanor involving
moral turpitude within the past seven (7) years,
2.
With
respect to a particular card, the individual for whom a card is requested
has been convicted of any felony or a misdemeanor involving moral
turpitude within the past seven (7) years, or
3.
Any
statement upon the application is false, unless the applicant can
demonstrate that the falsehood was the result of excusable neglect.
[Ord. No. 1509 §1, 10-7-2003]
During the period of time following the application for one (1) or more identification cards 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 sixteen (16) business hours provided in Section 615.070, the identification card will nonetheless be issued subject, however, to administrative revocation upon completion of the investigation. If a canvasser requests an identification card, the investigation will proceed as described above, but if the City refuses to issue the identification card (or revokes it after issuance), the canvassers will be advised that the failure to procure an identification card does not prevent him/her from canvassing the residents of the City.
[Ord. No. 1509 §1, 10-7-2003]
A.
If the
issuing officer denies (or upon completion of an investigation revokes)
the identification card 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 following tribunal:
1.
Before
the City Administrator, provided that such a hearing will be scheduled
within ten (10) days of the request, due notice of which is to be
given to the public and the applicant.
[Ord. No. 1509 §1, 10-7-2003]
If the applicant requests a hearing under Section 615.090, review from the decision (on the record of the hearing) shall be had to the Circuit Court of St. Louis County.
[Ord. No. 1509 §1, 10-7-2003]
Each identification card 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.
[Ord. No. 1509 §1, 10-7-2003]
An identification card 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.
[Ord. No. 1509 §1, 10-7-2003]
A.
In addition
to the administrative revocation of an identification card, a card
may be revoked for any of the following reasons:
1.
Any
violation of this Chapter by the applicant or by the person for whom
the particular card was issued.
2.
Fraud,
misrepresentation or incorrect statement made in the course of carrying
on the activity.
3.
Conviction
of any felony or a misdemeanor involving moral turpitude within the
last seven (7) years.
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.
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The revocation procedure shall be initiated by the filing of an information by the Prosecuting Attorney or of a complaint by the issuing officer and a hearing before the tribunal identified in Section 615.090 above.
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[Ord. No. 1509 §1, 10-7-2003]
The issuing officer shall maintain a list of persons within
the City who restrict visits to their residential property (including
their leasehold, in the case of a tenant) by peddlers, solicitors
and canvassers. The issuing officer may provide a form to assist residents,
and this form may allow the resident to select certain types of visits
that the resident finds acceptable while refusing permission to others.
This "no visit" list shall be a public document, reproduced on the
City's web site and available for public inspection and copying. A
copy of the "no visit" list shall be provided to each applicant for
and each recipient of an identification card. If a canvasser chooses
not to apply for an identification card, it will be the responsibility
of that canvasser to obtain in some other way a copy of the current
"no visit" list.
[Ord. No. 1509 §1, 10-7-2003]
A.
In addition
to the other regulations contained herein, a solicitor or canvasser
leaving handbills or commercial flyers about the community shall observe
the following regulations:
1.
No handbill
or flyer shall be left at or attached to any sign, utility pole, transit
shelter or other structure within the public right-of-way. The Police
are authorized to remove any handbill or flyer found within the right-of-way.
2.
No handbill
or flyer shall be left at or attached to any privately owned property
in a manner that causes damage to such privately owned property.
4.
Any
person observed distributing handbills or flyers shall be required
to identify himself/herself to the Police (either by producing an
identification card or other form of identification). This is for
the purpose of knowing the likely identity of the perpetrator if the
City receives a complaint of damage caused to private property during
the distribution of handbills or flyers.
[Ord. No. 1509 §1, 10-7-2003]
A.
No peddler,
solicitor or canvasser shall:
1.
Enter
upon any private property where the property has clearly posted in
the front yard a sign visible from the right-of-way (public or private)
indicating a prohibition against peddling, soliciting and/or canvassing.
Such sign need not exceed one (1) square foot in size and may contain
words such as "no soliciting" or "no solicitors" in letters of at
least two (2) inches in height. (The phrase "no soliciting" or "no
solicitors" shall also prohibit peddlers and canvassers.)
2.
Remain
upon any private property 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, which sign contains
the words "no soliciting" or "no solicitors" and which is clearly
visible to the peddler, solicitor or canvasser.
3.
Enter
upon any private property where the current occupant has posted the
property on the City's "no visit" list (except where the posting form
indicates the occupant has given permission for this type of visit),
regardless of whether a front yard sign is posted.
4.
Use
or attempt to use any entrance other than the front or main entrance
to the dwelling, or step from the sidewalk or indicated walkway (where
one exists) leading from the right-of-way to the front or main entrance,
except by express invitation of the resident or occupant of the property.
5.
Remove
any yard sign, door or entrance sign that gives notice to such person
that the resident or occupant does not invite visitors.
6.
Enter
upon the property of another except between the hours of 9:00 A.M.
and 8:00 P.M. in the hours of Central Standard Time and 9:00 A.M.
and 9:30 P.M. in the hours of Central Daylight Time.
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Except that the above prohibitions shall not apply when the
peddler, solicitor or canvassers has an express invitation from the
resident or occupant of a dwelling allowing him/her to enter upon
any posted property.
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[Ord. No. 1509 §1, 10-7-2003]
Any person violating any part of this Chapter shall be prosecuted under the general penalty ordinance of the City of Rock Hill as set forth at Section 100.080 of the Code of Ordinances.
