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 the 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.
[1]
Editor's Note: This ordinance also repealed former Ch. 640,
Solicitors and Peddlers, adopted 6-18-1996 by Ord. No. 683 § 1.
[R.O. 1991 § 640.020; Ord. No. 2256-04 § 1, 3-16-2004; Ord. No. 2809-11 § 1, 10-18-2011; Ord. No. 2893-14 § 1, 5-20-2014]
This Chapter shall not apply to a Federal, State or local government employee or a public utility employee in the performance of his or her duty to his or her employer. Additionally, members of not-for-profit youth groups, organizations or associations that conduct fund-raisers for the benefit of the organization or its members are exempt from the requirements of this Chapter, except the provisions of Section 640.150, if, and only if, members of such organization seeking exemption hereunder are conducting the activity for the benefit of the organization and each member shall at all times traveling door to door be clearly identifiable as a member of the organization by either identification cards, uniforms or other clothing associated with the organization.
[R.O. 1991 § 640.030; Ord. No. 2256-04 § 1, 3-16-2004; Ord. No. 2893-14 § 1, 5-20-2014]
No person shall act as a peddler
or as a solicitor within the City of Smithville without first obtaining
an identification card in accordance with this Chapter. 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.
[R.O. 1991 § 640.040; Ord. No. 2256-04 § 1, 3-16-2004; Ord. No. 2893-14 § 1, 5-20-2014]
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 fifty dollars ($50.00) per card.
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.
[R.O. 1991 § 640.050; Ord. No. 2256-04 § 1, 3-16-2004; Ord. No. 2893-14 § 1, 5-20-2014; Ord. No. 2935-15, 10-20-2015]
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 City Administrator,
or designated representative, during regular business hours.
[R.O. 1991 § 640.060; Ord. No. 2256-04 § 1, 3-16-2004; Ord. No. 2893-14 § 1, 5-20-2014]
A.
The applicant (person or organization)
shall provide the following information:
1.
Name of applicant.
2.
Number of identification cards required.
3.
The name, physical description and
photograph of each person for whom 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.
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 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:
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. 1991 § 640.070; Ord. No. 2256-04 § 1, 3-16-2004; Ord. No. 2893-14 § 1, 5-20-2014]
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 that any statement upon the application is false, unless
the applicant can demonstrate that the falsehood was the result of
excusable neglect.
[R.O. 1991 § 640.080; Ord. No. 2256-04 § 1, 3-16-2004; Ord. No. 2893-14 § 1, 5-20-2014]
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 640.070, 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 canvassers will be advised that the failure to procure an identification card does not prevent him/her from canvassing the residents of the City.)
[R.O. 1991 § 640.090; Ord. No. 2256-04 § 1, 3-16-2004; Ord. No. 2893-14 § 1, 5-20-2014]
If the issuing officer denies (or,
upon completion of an investigation, revokes) the identification card
to one (1) or more persons, he/she 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/her option an appeal of the
denial of his/her application before the following tribunal: The Board
of Aldermen, at its next regular meeting.
[R.O. 1991 § 640.100; Ord. No. 2256-04 § 1, 3-16-2004; Ord. No. 2893-14 § 1, 5-20-2014]
If the applicant requests a hearing under Section 640.090, the hearing shall be held in accordance with the Administrative Procedure Act of the State of Missouri,[1] and review from the decision (on the record of the hearing)
shall be heard by the Circuit Court of Clay County. The hearing shall
also be subject to the Missouri Open Meetings and Records Law.[2]
[R.O. 1991 § 640.110; Ord. No. 2256-04 § 1, 3-16-2004; Ord. No. 2893-14 § 1, 5-20-2014]
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 so as to
be reasonably visible to any person who might be approached by said
person.
[R.O. 1991 § 640.120; Ord. No. 2256-04 § 1, 3-16-2004; Ord. No. 2893-14 § 1, 5-20-2014]
An identification card shall be valid
within the meaning of this Chapter for a period of one (1) month from
its date of issuance or the term requested, whichever is less.
[R.O. 1991 § 640.130; Ord. No. 2256-04 § 1, 3-16-2004; Ord. No. 2893-14 § 1, 5-20-2014]
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.
[R.O. 1991 § 640.140; Ord. No. 2256-04 § 1, 3-16-2004; Ord. No. 2893-14 § 1, 5-20-2014]
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 or their designee
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" sign of the type described in Section 640.150(A)(1) or (2).
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.
[R.O. 1991 § 640.150; Ord. No. 2256-04 § 1, 3-16-2004; Ord. No. 2893-14 § 1, 5-20-2014]
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 shall 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 entranceway 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.
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.
4.
Remove any yard sign, door or entrance
sign that gives notice to such person that the resident or occupant
does not invite visitors.
5.
Enter upon the property of another
except between the hours of 8:00 A.M. and 7:00 P.M.
B.
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.
[R.O. 1991 § 640.160; Ord. No. 2256-04 § 1, 3-16-2004; Ord. No. 2893-14 § 1, 5-20-2014]
Any person violating any part of
this Chapter shall have committed a trespass on such property and
shall be prosecuted under the general trespass ordinances of the City.[1] The penalty for such violation shall be the same as for
any other trespass.
[R.O. 1991 § 640.170; Ord. No. 1683 § 1, 6-18-1996; Ord. No. 2256-04 § 1, 3-16-2004; Ord. No. 2893-14 § 1, 5-20-2014]
Every day any violation of this Chapter
or of any other ordinance or any such rule, regulation, notice or
order shall continue shall constitute a separate offense.
