[R.O. 2009 §20-80; Ord. No. 3345 §I, 10-22-2003]
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.
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.
[R.O. 2009 §20-81; Ord. No. 3345 §II, 10-22-2003]
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.
[R.O. 2009 §20-82; Ord. No. 3345 §III, 10-22-2003]
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.
[R.O. 2009 §20-83; Ord. No. 3345 §IV, 10-22-2003]
The fee for the issuance of each permit shall be:
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For a peddler acting on behalf of a merchant otherwise licensed
to do business within the City
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No fee
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For a peddler acting on behalf of a merchant not otherwise licensed
to do business within the City, per day, per individual peddler
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$5.00
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For a solicitor (including a commercial solicitor advertising
an event, activity, good or service for purchase at a location away
from the residence)
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No fee
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For a canvasser requesting a permit
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No fee
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[R.O. 2009 §20-84; Ord. No. 3345 §V, 10-22-2003]
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.
[R.O. 2009 §20-85; Ord. No. 3345 §VI, 10-22-2003]
A.
The applicant
(person or organization) shall provide the following information:
1.
Name
of applicant.
2.
Number
of permits required (each individual must obtain permit).
3.
The
name, physical description and photograph of each person for which
a permit is requested. In lieu of this information, a driver's license,
State identification card or a government-issued identification card
(issued by a government within the United States) containing this
information may be provided and a photocopy taken.
4.
The
permanent and (if any) local address of applicant.
5.
The
permanent and (if any) local address of each person for whom a permit
is required.
6.
A brief
description of the proposed activity related to this permit.(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 permit is requested
and (if available) the Social Security number of such person.
8.
A list
of all infractions, offenses, ordinance violations, misdemeanors and
felony convictions of each person for whom a permit 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 permit
is requested.
10.
If
a permit 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 the City inspection to determine
that all City sales tax have been paid.
11.
If
a permit 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.
[R.O. 2009 §20-86; Ord. No. 3345 §VII, 10-22-2003]
A.
The permit(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, misdemeanor or ordinance
violation involving moral turpitude within the past seven (7) years,
or
2.
With
respect to a particular permit, the individual for whom a permit is
requested has been convicted of any felony, misdemeanor or an ordinance
violation 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.
[R.O. 2009 §20-87; Ord. No. 3345 §VIII, 10-22-2003]
During a 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 sixteen (16) business hours provided in Section 615.070, 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 canvassers will be advised that the failure to procure a permit does not prevent him/her from canvassing the residents in the City.)
[R.O. 2009 §20-88; Ord. No. 3345 §IX, 10-22-2003]
A.
If the
issuing officer denies (or upon completion of an investigation revokes)
the permit to one (1) or more persons, he/she or a representative
from the City of Festus shall immediately convey the decision to the
applicant orally and shall within eighteen (18) working hours after
the denial prepare a written report of the reason for the denial which
shall immediately be 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.
The
City Council at its next regular meeting or, if the next regular meeting
is more than ten (10) days from the denial of the application, at
a special meeting to be held within that ten (10) day period, due
notice of which is to be given to the public and the applicant.
2.
Before
the Municipal Court of the City, 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.
[R.O. 2009 §20-89; Ord. No. 3345 §X, 10-22-2003]
If the applicant requests a hearing under Section 615.090, 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.
[R.O. 2009 §20-90; Ord. No. 3345 §XI, 10-22-2003]
Each permit shall be (when the individual for whom it was issued
is acting as a peddler or solicitor) readily review for inspection
by residents who request to view said permit.
[R.O. 2009 §20-91; Ord. No. 3345 §XII, 10-22-2003]
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.
[R.O. 2009 §20-92; Ord. No. 3345 §XIII, 10-22-2003]
A.
In addition
to the administrative revocation of a permit, a permit 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 permit was issued.
2.
Fraud,
misrepresentation or incorrect statement made in the course of carrying
on the activity.
3.
Conviction
of any felony, misdemeanor or ordinance violation 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 a complaint by the City Counselor or the issuing officer pursuant to the State Administrative Procedure Act and a hearing before the tribunal identified in Section 615.090 above.
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[R.O. 2009 §20-93; Ord. No. 3345 §XIV, 10-22-2003]
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 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 a permit.
If a canvasser chooses not to apply for a permit, it will be the responsibility
of that canvasser to obtain in some other way a copy of the current
"no visit" list.
[R.O. 2009 §20-94; Ord. No. 3345 §XV, 10-22-2003]
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 a permit
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 the private property during the distribution of
handbills or flyers.
[R.O. 2009 §20-95; Ord. No. 3345 §XVI, 10-22-2003]
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 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 an 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 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 daylight hours of
9:00 A.M. and 5:00 P.M. in the hours of Central Standard Time and
9:00 A.M. and 8:00 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 canvasser has an express invitation from the
resident or occupant of a dwelling allowing him/her to enter upon
the posted property.
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[R.O. 2009 §20-68; Ord. No. 2089 §2(Art. V §4), 7-26-1989]
It shall be unlawful for any person or organization to conduct
or be engaged in peddling/hawking/ huckstering or soliciting/canvassing
in any right-of-way, street, highway, alley or thoroughfare; provided
that not-for-profit organizations may position an individual or group
of individuals upon any thoroughfare, street or alley or any other
vehicular traffic roadway after first submitting a written request
to the City Clerk. The City Clerk may publish an annual calendar of
roadblocks by charitable organizations within the City. Request for
roadblocks should be made annually by February first (1st) of each
year for vote by the City Council. Approved roadblocks under this
Chapter may engage in this activity only during the hours of 8:00
A.M. until one-half (½) hour after sunset.
[R.O. 2009 §20-71; Ord. No. 2200 §1, 7-24-1991; Ord. No. 2738 §1, 8-13-1997; Ord.
No. 3184 §I, 8-14-2002; Ord. No. 3243 §I, 2-26-2003; Ord.
No. 3582 §I, 9-28-2005]
A.
No charitable
organization shall establish a "roadblock" within the City of Festus
without first submitting a written request and/or a notice for said
roadblock to the City Council of the City of Festus, Missouri. Said
request shall be submitted at least three (3) months in advance of
the proposed date for said roadblock.
B.
No roadblocks
shall be conducted in the months of November, December, January or
February of each calendar year. Roadblocks are also prohibited on
federal holiday weekends or on weekends that include St. Patrick's
Day, Mother's Day, Easter, or Father's Day.
[Ord. No. 4116 §I, 9-11-2013]
C.
"Charitable
organization" means any person, as defined in Section 407.010, RSMo.,
who does business in this City or holds property in this City for
any charitable purpose and who engages in the activity of soliciting
funds or donations for, or purported to be for, any fraternal, benevolent,
social, educational, alumni, historical or other charitable purpose
that is registered with the State of Missouri.
[Ord. No. 4116 §I, 9-11-2013]
D.
"Charitable
purpose" means any purpose which promotes or purports to promote,
directly or indirectly, the well-being of the public at large or any
number of persons, whether such well-being is in general or limited
to certain activities, endeavors or projects.
E.
The organization
shall be responsible for supervising the collection or solicitation
activities in order to insure that such activities are conducted in
a safe and orderly manner. By filing its application, the organization
agrees to indemnify and hold the City harmless from any and all claims
or liabilities arising out of or relating to the collection or solicitation
activities. The organization further agrees to provide the City with
a copy of their certificate of insurance in the amount of one million
dollars ($1,000,000.00) naming the City of Festus, Missouri, as additional
insured.
[R.O. 2009 §20-72; Ord. No. 2200 §2, 7-24-1991; Ord. No. 2738 §2, 8-13-1997]
The City Clerk shall prepare and properly keep the record of
the time and date of all "roadblocks" which have been approved by
the City Council.
[R.O. 2009 §20-73; Ord. No. 2738 §3, 8-13-1997; Ord. No. 3184 §II, 8-14-2002; Ord.
No. 3569, 8-24-2005]
A.
All roadblocks
shall be subject to the following conditions:
1.
Roadblocks
shall only be permitted on Saturdays between the hours of 8:00 A.M.
and 12:00 Noon.
2.
Organizations
shall only be permitted one (1) roadblock per calendar year.
3.
There
shall be no more than one (1) roadblock permitted during each calendar
month.
4.
No roadblocks
shall take place on any State or federally numbered highway. No roadblocks
shall take place on the east side of Main Street where it intersects
with Mill Street (between Mill Street and Palliet Street).
[Ord. No. 4116 §I, 9-11-2013]
5.
All
participants shall wear an orange traffic vest and use safety equipment.
These vests and safety equipment must be provided by the charitable
organization.
6.
There
shall be an adult over the age of twenty-one (21) at each intersection
where the roadblocks are to take place.
7.
There
shall be a sign indicating the nature of the charitable cause or organization
at each intersection where the roadblock is taking place. Said sign
shall be conspicuous where the traveling public can readily determine
the nature of the charitable contribution being requested.
8.
It will
be each organization's responsibility to obtain the application from
the City Clerk's office. Applications for collections or solicitations
may be obtained anytime during the calendar year from the City Clerk
during City Hall business hours. They are to be submitted to the City
Clerk only between November first (1st) and December thirty-first
(31st) and approval must be granted by the City Council.
9.
Completed
and valid applications will be considered in the order in which they
are received. The City Council reserves the right to reject any application.
10.
The
organization shall be responsible for supervising the collection and
solicitation activities in order to insure that such activities are
conducted in a safe and orderly manner. By filing its application,
the organization agrees to indemnify and hold the City harmless from
any and all claims or liabilities arising out of or relating to the
collection or solicitation activities. The organization further agrees
to provide the City with a copy of their certificate of insurance
in the amount of one million dollars ($1,000,000.00) naming the City
of Festus as additional insured.
11.
The
Police Department will be responsible for inspecting the collection
locations on the collection days to insure rules/regulations are being
followed.
12.
Any
person conducting collection or solicitation activities in violation
of this Section shall be guilty of an ordinance violation and punished
according to City of Festus codes.
B.
Failure
to comply with any of these rules shall be grounds for the immediate
termination of any roadblock event and the denial of any future permits.
C.
The City
Clerk shall cause a copy of these regulations to be supplied to all
organizations requesting permission for a "roadblock".
[R.O. 2009 §20-96; Ord. No. 3345 §XVII, 10-22-2003]
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 trespass.
