Editor's Note — Ord. no. 1029, adopted March 12, 2012,
supersedes ch. 610 and enacts new provisions set out herein. Former
ch. 610 derived from CC 1984 §§13.400 — 13.410; ord.
no. 424 §§1 — 2, 2-6-1978.
[Ord. No. 1029 §1, 3-12-2012]
As used in this Chapter, the following words have the meaning
indicated:
CANVASSER
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:
1.
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
2.
Distributing a handbill or flyer advertising a non-commercial
event or service.
PEDDLER
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".
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:
1.
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
2.
Distributing a handbill or flyer advertising a commercial event
or service.
[Ord. No. 1029 §2, 3-12-2012]
A. 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.
B. This
Chapter shall not apply to boys or girls under sixteen (16) years
of age who take orders for and deliver newspapers, magazines, greeting
cards, candy and the like, and/or who solicit donations or market
goods and services on behalf of or in representation of youth school
groups, church groups, Boy Scouts, Girl Scouts, or similar organizations.
[Ord. No. 1029 §3, 3-12-2012]
A. 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.
B. 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. 1029 §4, 3-12-2012]
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. 1029 §5, 3-12-2012]
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. 1029 §6, 3-12-2012]
A. The applicant
(person or organization) shall provide the following information:
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:
a. The
name and permanent address of the organization, person, or group for
whom donations (or proceeds) are accepted.
b. The
web address for this organization, person, or group (or other address)
where residents, having subsequent questions can go for more information.
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. 1029 §7, 3-12-2012]
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. The
applicant has engaged in a pattern of behavior, documented in public
records, that causes the City to have a reasonable belief that the
applicant presents a danger to himself or others, or
4. Any
statement upon the application is false, unless the applicant can
demonstrate that the falsehood was the result of excusable neglect.
[Ord. No. 1029 §8, 3-12-2012]
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
610.070, 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 canvasser 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. 1029 §9, 3-12-2012]
Instead of the application procedure above, if an applicant
produces identification cards issued by another City having an ordinance
substantially the same as this one, the issuing officer may in his
discretion immediately issue identification cards without the necessity
of a formal application or investigation.
[Ord. No. 1029 §10, 3-12-2012]
A. If the
issuing officer denies (or upon completion of an investigation revokes)
the identification card to one (1) or more persons, he 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 option an appeal of the denial of his application before the following
tribunal:
1. 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.
[Ord. No. 1029 §11, 3-12-2012]
If the applicant requests a hearing under Section
610.100, 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.
[Ord. No. 1029 §12, 3-12-2012]
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. 1029 §13, 3-12-2012]
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. 1029 §14, 3-12-2012]
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 a complaint by the City Attorney or the issuing officer pursuant to the State Administrative Procedure Act, and a hearing before the tribunal identified in Section 610.100 above.
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[Ord. No. 1029 §15, 3-12-2012]
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 website, 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. 1029 §16, 3-12-2012]
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.
3. No handbill
or flyer shall be left at, or attached to any of the property:
a. Listed
on the City "no visit" list, or
b. Having a "no solicitor" sign of the type described in Section
610.170(A) or (B).
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. 1029 §17, 3-12-2012]
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 canvasser 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. 1029 §18, 3-12-2012]
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 other trespass.