Cross References — Streets, sidewalks and other public places, ch. 520; identification of commercial vehicles, §340.260.
[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.
4. 
Soliciting money by a bona fide non-profit charitable organization either:
a. 
By going in or upon private residences, not having been requested or invited to do so by the owner or occupant, or
b. 
Upon public 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:
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.
ISSUING OFFICER
The City Clerk for the City of Frontenac, Missouri.
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. 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:
1. 
For a solicitor (including a commercial solicitor advertising an event, activity, good or service for purchase at a location away from the residence) — $5.00 per day per person.
2. 
For a canvasser requesting an identification card — no fee.
[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:
a. 
The name and permanent address of the organization, person or group for whom donations (or proceeds) are accepted.
b. 
The web address (if any) for this organization, person or group (or other address) where residents having subsequent questions can go for more information.
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:
1. 
Any violation of this Article 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.
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.
The revocation procedure shall be the same as identified in Section 620.160 above.
[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.