[CC 1991 §7-1; Ord. No. 638 §2, 3-10-1981]
A.
The following
practices very often become nuisances and therefore are of such public
concern that they must be regulated:
1.
Going
in and upon private residences by peddlers, canvassers, solicitors
and transient vendors of merchandise, not having been requested or
invited to do so by the owner or occupant, for the purpose of soliciting
orders for the sale of goods, wares and merchandise, for the purpose
of disposing of same.
2.
Peddling,
selling of goods, wares or merchandise upon public or private streets
or sidewalks.
3.
Soliciting
money, services or orders for the sale of goods, wares or merchandise
upon public or private streets or sidewalks.
[CC 1991 §7-3; Ord. No. 638 §9, 3-10-1981]
No person, while engaged in any of the practices described in Section 620.010 hereof, shall block or obstruct the path of any pedestrian or vehicular traffic or block or obstruct any way of ingress or egress to roads, buildings or other enclosures, or conveyances, including, but not limited to, vehicles, elevators and escalators.
[CC 1991 §7-4; Ord. No. 765 §3, 2-9-1988]
Any solicitor who enters upon premises owned, leased or rented
by another and refuses to leave such premises after having been notified
by the owner or occupant of such premises, or his/her agent, to leave
the same and not return, shall be deemed guilty of an offense.
[CC 1991 §7-5; Ord. No. 765 §3, 2-9-1988]
It shall be unlawful for any solicitor to make false or fraudulent
statements concerning the quality of his/her goods, wares, merchandise
or services for the purpose of inducing another to purchase the same.
[CC 1991 §7-6; Ord. No. 638 §8, 3-10-1981]
When any person soliciting within the City takes any down payment,
he/she shall give a written receipt for the order, which receipt shall
be signed by the solicitor and shall set forth a brief description
of the goods, wares, merchandise or printed matter ordered, the total
price thereof, and the amount of the down payment received by the
solicitor from the purchaser.
[CC 1991 §7-7; Ord. No. 638 §10, 3-10-1981]
Any person, firm or corporation violating this Article or any
part hereof, shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be punished by a fine not in excess of five hundred
dollars ($500.00).
[1]
Editor's Note — Ord. no. 2005-1478 §2, adopted
December 20, 2005, repealed section 620.070 "going to private residences
for commercial purposes without prior invitation" in its entirety.
Former section 620.070 derived from CC 1991 §7-8; ord. no. 765
§1, 2-9-1988. At the editor's discretion, this section has been
reserved for the city's future use.
[1]
Editor's Note — Ord. no. 2005-1478 §3, adopted
December 20, 2005, repealed sections 620.080 — 620.240 and enacted
new provisions set out herein. Former sections 620.080 — 620.240
derived from CC 1991 §§7-16 — 7-32, ord. no. 691 §§1
— 13, 15 — 16, 11-13-1984; ord. no. 765 §4 —
6, 2-9-1988; ord. no. 956 §1, 3-16-1993; ord. no. 94-999 §§1
— 3, 5-17-1994.
[Ord. No. 2005-1478 §3, 12-20-2005]
As used in this Article, the following words have the meanings
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 Frontenac, 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. 2005-1478 §3, 12-20-2005]
It shall be unlawful for any person to act as a peddler, as
defined above, within the City of Frontenac.
[Ord. No. 2005-1478 §3, 12-20-2005]
No person shall act as a solicitor within the City without first
obtaining an identification card in accordance with this Article.
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. 2005-1478 §3, 12-20-2005]
A.
The fee
for the issuance of each identification card shall be:
[Ord. No. 2005-1478 §3, 12-20-2005]
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. 2005-1478 §3, 12-20-2005]
A.
The applicant
(person or organization) shall provide the following information:
1.
Name
of applicant.
2.
Number
of identification cards required.
3.
The
name, date and place of birth, Social Security number (if available),
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 or if the photograph provided is not suitable for
use in conjunction with issuance of the requested card, the applicant
must appear personally and 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.
A list
of all infraction, offense or misdemeanor convictions for the seven
(7) years immediately prior to the application and any felony convictions
of each person for whom a card is requested
8.
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.
9.
If a
card is requested for a solicitor:
10.
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. 2005-1478 §3, 12-20-2005]
A.
The identification
card(s) shall be issued promptly after application but in all cases
within two (2) business days of completion of an application, unless
it is determined within that time that:
1.
The
applicant has been convicted of any felony or a misdemeanor involving
moral turpitude;
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; 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. 2005-1478 §3, 12-20-2005]
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 two (2) business days provided in Section 620.140, 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. 2005-1478 §3, 12-20-2005]
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 two (2) business days after the denial prepare a written report
of the reason for the denial which shall be immediately made available
to the applicant. Not later than five (5) business days after receipt
of the oral notification, the applicant shall have at his option an
appeal of the denial or revocation of his application or permit before
the City Administrator by filing a written request therefore with
the City Clerk, provided that such a hearing will be scheduled within
ten (10) business days of the request, due notice of which is to be
given to the applicant.
[Ord. No. 2005-1478 §3, 12-20-2005]
Any applicant aggrieved by the outcome of the hearing provided in Section 620.160 may seek judicial review of the decision (on the record of the hearing) pursuant to Chapter 536, RSMo., by filing a petition therefore in the Circuit Court of St. Louis County within fifteen (15) days of the City Administrator's decision.
[Ord. No. 2005-1478 §3, 12-20-2005]
Each identification card shall (when the individual for whom
it was issued is acting as a solicitor) be 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. 2005-1478 §3, 12-20-2005]
An identification card shall be valid within the meaning of
this Article for a period of one (1) month from its date of issuance
or the term requested, whichever is less.
[Ord. No. 2005-1478 §3, 12-20-2005]
A.
In addition
to the administrative revocation of an identification card and the
privileges permitted thereby, a card may be revoked for any of the
following reasons:
[Ord. No. 2005-1478 §3, 12-20-2005]
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
and Code Enforcement Officers 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 property having a "no solicitor" or "no solicitor or canvasser" sign of the type described in Section 620.220(A).
4.
No person
shall throw, deposit or distribute any handbill or flyer upon private
premises which are inhabited except by handing or transmitting same
directly to some person then present upon such private premises. Provided
however, that in the case of inhabited private premises which are
not posted against solicitors or solicitors and canvassers, a solicitor
or canvasser, unless requested not to do so by someone on such premises,
may place or deposit any such handbill or flyer in or upon such premises
if such handbill or flyer is so placed or deposited as to secure or
prevent such handbill or flyer from being blown away or drifting about
such premises or sidewalks, streets or other public places; and further
provided that mailboxes may not be used for handbills or flyers unless
specifically allowed by Federal law.
5.
No person
shall throw or deposit any handbill or flyer on any vehicle.
6.
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. 2005-1478 §3, 12-20-2005]
A.
No 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" or "no soliciting
or canvassing" or "no solicitors or canvassers" in letters of at least
two (2) inches in height.
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" or "no soliciting or
canvassing" or "no solicitors or canvassers" and which is clearly
visible to the solicitor or canvasser.
3.
Remove
any yard sign, door or entrance sign that gives notice to such person
that the resident or occupant does not invite solicitors, peddlers
or canvassers.
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.
Enter
upon the property of another except between the hours of 9:00 A.M.
and 7:00 P.M. during the fall and winter months of November, December,
January, February and March and between the hours of 9:00 A.M. and
8:30 P.M. during the spring and summer months of April, May, June,
July, August, September and October.
6.
Stand
or enter upon a roadway for the purpose of soliciting employment,
business or charitable contributions from the occupant of a motor
vehicle.
B.
The above
prohibitions shall not apply when the solicitor or canvasser has an
express invitation from the resident or occupant of a dwelling allowing
him/her to enter upon the property in a manner otherwise prohibited.
[Ord. No. 2005-1478 §3, 12-20-2005]
Any person violating any part of this Article shall be prosecuted under the general penalty ordinance of the City of Frontenac as set forth at Section 100.140 of the Code of Ordinances.
