[Ord. No. 80-49 §2, 7-16-1980; Ord. No. 13-33 §1, 8-21-2013; Ord.
No. 22-30, 8-17-2022]
For the purpose of this Chapter, the following words as used
herein shall be considered to have the meanings herein ascribed thereto:
Any one (1) or more of the following activities:
Any one (1) or more of the following activities:
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.
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.
Any one (1) or more of the following activities:
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
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
Seeking to obtain subscription to books, magazines, periodicals,
newspapers or any other type or kind of publication; or
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.
Any person who has complied with the requirements for registration
as hereinafter provided.
Every separate living unit occupied for residential purposes
by one (1) or more persons, contained within any type of building
or structure.
Going to one (1) or more residences within the City for the
purpose of canvass soliciting, charitable soliciting and/or commercial
soliciting.
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; Ord.
No. 22-30, 8-17-2022]
A.
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; Ord.
No. 22-30, 8-17-2022]
Except as otherwise provided by this Chapter, every individual
desiring to engage in soliciting, as defined in this Chapter, 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 or her certificate
of registration to any Police Officer, other City official or private
resident upon whose premises he or she 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; Ord.
No. 22-30, 8-17-2022]
No person desiring to engage in canvass solicitation in this City shall be required to register under the provisions of this Chapter; provided, however, that an individual, group, organization, corporation or cause engaged in canvass soliciting as defined in Section 640.010 who engages in any activity which comes within the definition of commercial soliciting or charitable soliciting as defined in Section 640.010, 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 other provisions of this Chapter.
[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; Ord. No. 22-30, 8-17-2022]
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:
B.
(Reserved)
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; Ord. No. 22-12, 4-6-2022]
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 three (3) months, or
both.
[1]
Editor's Note: Former Section 640.110, Solicitation From Right-Of-Way;
Section 640.111, Permitted Locations; and Section 640.112, Issuance
of Permits and Alternative Locations, which all derived from Ord. No. 13-33 §1, 8-21-2013, were repealed 8-17-2022 by Ord. No.
22-30.
