Editor's Note: Former Ch. 640, Peddlers, Solicitors and Canvassers, containing Sections 640.010 though 640.170, was repealed 8-28-2023 by Ord. No. 3197-23. Prior history includes: R.O. 1991 §§ 640.010 — 640.170; Ord. No. 1683; Ord. No. 2256-04 (which repealed prior Ord. No. 683); Ord. No. 2809-11; Ord. No. 2893-14; and Ord. No. 2935-15.
[Ord. No.
3197-23, 8-28-2023]
As used in this Chapter, the following
words have the meaning indicated:
Attempting to make personal contact with a resident at his/her
residence without prior specific invitation for the primary purpose
of:
Any person who engages in canvassing in person for himself/herself
or any other person, even if incidental to the canvassing the canvasser
accepts the donation of money for or against a cause.
Any activity represented as carried on from unselfish, civic
or humanitarian motives or for the benefit of others and not for private
gain, and may include, without limitation, patriotic, philanthropic,
social service, welfare, benevolent, educational, civic, fraternal,
cultural, scientific, historical, athletic, medical or religious activities,
either actual or implied.
The City of Smithville, Missouri.
The holder of the office described in Chapter 105 of the Municipal Code of the City of Smithville, Missouri, or his/her designee.
Any printed or written matter, any sample or device, circular,
leaflet, pamphlet, paper booklet or any other printed or otherwise
reproduced original or copies of any matter of literature which:
Advertises for sale merchandise, products, or commodities; or
Directs attention to any business or mercantile or commercial
establishment, or other activity, for the purpose of either directly
or indirectly promoting the interest thereof by sales; or
Directs attention to or advertises any meeting, theatrical performance,
exhibition, or event of any kind, for which an admission fee is charged
for the purpose of private gain or profit; or
Directs attention to any charitable activity.
Exemption For Mail And Newspapers. For purposes of this Chapter,
the term "handbill" does not include mail delivered by the United
States Postal Service or newspapers duly entered with the Post Office
Department of the United States and newspapers filed and recorded
with any recording officer, as provided by general law, or any periodical
or current magazine regularly published at least annually and sold
to the public.
Attempting 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;
or
Operation from a temporary stand, display or similar facility
for the purpose of attempting to sell a good or service; or
Traveling from house to house, door to door, street to street
or from place to place for the primary purpose of attempting to sell
a good or service.
A person who peddles for himself/herself or for any other
person.
Any individual, firm, partnership, corporation, company,
religious sect or denomination, society, organization or league, and
includes any trustee, director, member, partner, officer, receiver,
assignee, employee, agent or similar representative thereof.
Direct or indirect financial or commercial benefit of any
person or company.
Attempting 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:
Requesting the contribution of funds or anything of value or
advertising or selling or offering for sale or taking or attempting
to take orders for any service, merchandise, product, commodity, meeting,
performance or event, of any kind, in character or description, for
political, philanthropic, charitable, religious, commercial or any
other purposes, while traveling from house to house, door to door,
street to street or from place to place in the City; or
Distributing a commercial handbill or advertising a commercial
event or service.
A "solicitation," as defined herein, shall be deemed completed
when the request or distribution is made, whether or not the person
making the solicitation receives any contribution or makes any sale.
"Solicitation," as defined herein, shall not include the activity
of children going door to door to trick or treat for the yearly celebration
of Halloween.
A person who solicits for himself/herself or any other person.
[Ord. No.
3197-23, 8-28-2023]
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 to his/her employer.
[Ord. No.
3197-23, 8-28-2023]
A.
Every
solicitor or peddler must obtain a permit from the City before soliciting
or peddling within the City. To obtain a permit to solicit or peddle,
an applicant must furnish the information required under this Chapter
to the City Clerk.
B.
Notwithstanding
any other provisions of this Chapter, students attending elementary
through college-level schools who are acting in their capacity as
students affiliated with a local or nationally recognized educational
institution or youth organization may peddle or solicit for charitable
purposes without obtaining a permit.
C.
Notwithstanding
any other provisions of this Chapter, any person or organization may
peddle or solicit in conjunction with promotion of a special event
without obtaining a permit, provided that the person or organization
has a valid special event permit from the City.
[Ord. No.
3197-23, 8-28-2023]
The fee for the issuance of each permit shall be as contained
in the Comprehensive Schedule of Fees, as approved by the Board of
Aldermen from time to time.
[Ord. No.
3197-23, 8-28-2023]
A.
An applicant for a solicitation or peddling
permit shall furnish to the City Clerk an application containing the
following information:
1.
The name and address of the principal
office of the person applying for the permit (including both local
and non-local principal offices, where such exist);
2.
If the applicant is not an individual,
the names and addresses of the applicant's principal officers and
executives;
3.
The purpose of the solicitation or
peddling activity;
4.
The name, address, photograph, and
physical description of the person or persons soliciting or peddling;
5.
The time when the solicitations or
peddling will occur, giving the expected dates for commencement and
termination of the solicitation or peddling, subject to the limitations
on time for solicitations contained in this Chapter;
6.
A copy of a State or Federal government-issued
identification card of the solicitor or peddler, if the applicant
is legally able, by age, to obtain this identification;
7.
A copy of a criminal background check issued by the Missouri Highway Patrol within seven (7) days of the time of application, but in any event before the activity occurs, that demonstrates the qualification of the applicant under Section 640.060(A)(3);
8.
The motor vehicle make, model, year,
color, and license plate State and number of any vehicle that will
be used for solicitation or peddling;
9.
Statement to the effect that if a
permit is granted:
a.
It will not be used or represented
in any way as an endorsement by the City or by any department or officer
thereof; and
b.
That during the period specified
in the permit, if there is any change in fact, policy or method that
would alter the information given in the application, the applicant
will notify the City Clerk, in writing, thereof within forty-eight
(48) hours after that change; and
c.
That at no time during the period
of solicitation or peddling will the applicant or his/her agents solicit
or peddle at any business or residence within the City where there
is clearly and visibly posted any sign requesting "No Solicitation"
or "No Trespassing" or words of similar meaning; and
d.
That at no time during the period
of solicitation or peddling will the applicant or his/her agents solicit
or peddle at any residence or business within the City, the property
owner or resident of which has signed the City's "No Visit" list;
and
e.
That the applicant and all persons
for whom application is made will carry on their person a copy of
the solicitation or peddling permit issued by the City; and
f.
That at no time during the period
of validity of the permit will the solicitor or peddler solicit or
peddle without carrying a State or Federal government-issued identification
card, if the solicitor or peddler is legally eligible, by age, to
obtain such an identification card; and
10.
A sample of the identification badge
or card that each peddler or solicitor shall wear or carry, indicating
that person's name and the name of the organization for which he/she
is soliciting. The badge or card shall be furnished by the organization
and must be approved by the City Clerk.
[Ord. No.
3197-23, 8-28-2023]
A.
The
following are the standards for issuance of the solicitation or peddling
permit:
1.
Upon receiving a completed application from the applicant or applicant's
representative and upon making all the following findings, the City
Clerk shall issue a solicitation or peddling permit provided by this
Chapter.
2.
The City Clerk may defer issuance of any solicitation or peddling
permit for the period of time as is reasonably necessary, not to exceed
seven (7) days, to verify the accuracy of information required to
be provided in the application for a solicitation or peddling permit.
3.
The City Clerk shall not issue a solicitation or peddling permit
to any person who has:
a.
Been convicted of a felony;
b.
Been convicted of a misdemeanor or other violation of the laws of
the United States or of any State or City of the United States where
that conviction was for an offense involving force, threat of force,
theft, burglary, dishonesty, fraud, sexual misconduct or moral turpitude
within the past seven (7) years; or
c.
Been charged with a felony, misdemeanor or other violation of the
laws of the United States or of any State or City of the United States
and an arrest warrant has been issued therefor by the jurisdiction
in which the crime is alleged and remains outstanding.
4.
Any person who is aggrieved by the refusal of the City Clerk to issue
a solicitation or peddling permit may appeal that refusal, as well
as any revocation after issuance to the City Administrator. On refusal
or revocation, the City Clerk shall notify the applicant by hand delivery
or United States Mail, postage prepaid, of the refusal to issue a
solicitation or peddling permit or revocation of the same and informing
the applicant that the applicant may appeal that decision to the City
Administrator by requesting of the City Clerk to have a hearing before
the City Administrator not later than five (5) days following receipt
of the notice of refusal or revocation. The notice of refusal or revocation
shall contain a statement of the facts upon which the City Clerk acted
in refusing to issue a permit or revoking an issued permit. On receipt
of the request for hearing before the City Administrator, the City
Clerk shall schedule the matter to be heard before the City Administrator
not more than ten (10) days following receipt, unless the applicant
shall request that the hearing be scheduled at a later date. At the
hearing, the applicant may offer evidence to support any contention
that a permit should be issued or not revoked. In the event the City
Administrator sustains the denial of issuance of the permit or revocation,
the applicant may appeal that decision to the District Court of Clay
County, Missouri.
[Ord. No.
3197-23, 8-28-2023]
A.
In
addition to the denial of a permit, a permit 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.
[Ord. No.
3197-23, 8-28-2023]
A.
The
following acts are unlawful and prohibited:
1.
It shall be unlawful for any solicitor or peddler or canvasser to
ring the bell or knock on the door, or otherwise attempt to gain admittance,
for the purpose of soliciting, peddling or canvassing at a residence,
dwelling or apartment at which a sign bearing the words "No Solicitors,"
"No Trespassers," or words of similar meaning indicating that those
persons are not wanted on the premises, is painted, affixed or otherwise
exposed to public view, provided that this prohibition shall not apply
to any solicitor, peddler or canvasser who gains admittance to a residence
at the invitation, permission or consent of the occupant thereof.
It shall be unlawful for any solicitor, peddler or canvasser to conduct
soliciting, peddling, and canvassing on the premises of any business
that has posted a sign exposed to public view bearing the words "No
Solicitors" or words of similar meaning indicating that those activities
are not allowed on the premises.
2.
It shall be unlawful for any solicitor, peddler or canvasser to solicit,
peddle or canvass prior to 9:00 A.M. or after 8:00 P.M., Central standard
time, and prior to 9:00 A.M. or after 9:00 P.M., Central daylight
saving time, of any day, except that this Section shall not apply
when the peddler, solicitor, or canvasser has an express invitation
from the resident, occupant, or owner of a dwelling or business allowing
him/her to enter upon the property outside of the designated times.
3.
It shall be unlawful for any solicitor, peddler or canvasser to engage
in soliciting, peddling or canvassing upon any premises or in any
dwelling house, apartment or other residence after having been asked
by the owner or occupant thereof to leave the premises or residence.
4.
It shall be unlawful for any solicitor or peddler to make more than
one (1) appearance for purposes of soliciting or peddling at the same
residential premises for identical goods, services or contributions
within any consecutive sixty-day period, without receiving prior permission
therefor from the occupants of the premises. This provision shall
be construed to include solicitation and peddling upon the same premises
by employees, agents or other persons acting on behalf of the same
person more than once during the aforesaid period without prior permission,
as herein provided.
5.
It shall be unlawful for any solicitor, peddler or canvasser to fail
to provide, at the request of the purchaser or donator, a written
receipt for purchases or donations exceeding five dollars ($5.00)
in cash or tangible property, which receipts shall be signed by the
person making the sale or accepting the donation and shall set forth:
a.
The brief description of the goods or services sold, the total purchase
price thereof, amount of cash payment, if any, and the balance due
and terms of payment; or
b.
For any donation or charitable solicitation, a written receipt acknowledging
that contribution and personally signed by the person accepting the
contribution.
6.
It shall be unlawful for any solicitor, peddler or canvasser to fail
at the outset to disclose to the prospective buyer, donor or canvassee
his/her name and the name of the company, product or organization
he/she represents.
7.
It shall be unlawful for any solicitor, peddler or canvasser to make
any assertion, representation or statement that misrepresents the
purpose of his/her call or use any plan or scheme that misrepresents
that purpose.
8.
It shall be unlawful for any solicitor, peddler or canvasser to conduct
his/her business in a way that would restrict or interfere with ingress
or egress of the abutting property owner or tenant, increase traffic
congestion or delay, or constitute a hazard to traffic, life or property
or an obstruction to adequate access to fire, police or sanitation
vehicles.
9.
It shall be unlawful for any solicitor, peddler or canvasser who
has: been convicted of a felony; been convicted of a misdemeanor or
other violation of the laws of the United States or of any State or
City of the United States, where that conviction was for an offense
involving force, threat of force, theft, burglary, dishonesty, fraud,
sexual misconduct or moral turpitude within the past seven (7) years;
or been charged with a felony, misdemeanor or other violation of the
laws of the United States or of any State or City of the United States
and an arrest warrant has been issued therefor by the jurisdiction
in which the crime is alleged and remains outstanding, to solicit,
peddle or canvass within the City.
10.
It shall be unlawful for any person to solicit, peddle or canvass
or attempt to solicit, peddle or canvass at a place of residence at
any entrance other than the main entrance of the residence.
11.
It shall be unlawful for any solicitor or peddler to solicit or peddle or attempt to solicit or peddle without carrying upon his/her person a copy of the permit issued by the City authorizing solicitation or peddling and an identification badge or card as described in Section 640.050(A)(10) of this Chapter.
12.
It shall be unlawful for any solicitor or peddler to solicit or peddle
or attempt to solicit or peddle without carrying upon his/her person
a State or Federal government identification card, if the solicitor
or peddler is legally able, by age, to obtain this form of identification.
13.
It shall be unlawful for any solicitor, peddler or canvasser to leave
a handbill attached to any sign, utility pole, transit shelter, tree,
bridge, public building or appurtenance or other structure within
the public right-of-way. No handbill shall be attached to any privately
owned property in a manner that causes damage to such property. No
handbill shall be left in a manner as to be blown away. No handbill
shall be left on premises that are temporarily or continuously uninhabited.
No handbill shall be placed upon any automobile or other vehicle.
The City may remove and destroy any handbills in violation of this
Section.
14.
It shall be unlawful for any solicitor or peddler to use public property,
including but not limited to parks, streets, medians, sidewalks, parking
lots, and other rights-of-way, for soliciting or peddling unless that
use is part of a special event approved by the City.
[Ord. No.
3197-23, 8-28-2023]
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. The penalty for such violation shall
be the same as for any other trespass.
[Ord. No.
3197-23, 8-28-2023]
Every day any violation if this Chapter
or of any other ordinance or any such rule, regulation, notice or
order shall continue shall constitute a separate offense.
