[R.O. 1998 § 630.010; Ord. No. 2349 §1, 8-9-2004]
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 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.
[R.O. 1998 § 630.020; Ord. No. 2349 §1, 8-9-2004]
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 for his/her employer.
[R.O. 1998 § 630.030; Ord. No. 2349 §1, 8-9-2004]
A. No person shall act as a peddler or as
a solicitor within the City 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.
B. Minor solicitors and canvassers shall be
accompanied by an adult at all times when acting as a solicitor or
as a canvasser.
[R.O. 1998 § 630.040; Ord. No. 2349 §1, 8-9-2004]
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 five dollars ($5.00) per day or twenty-five dollars ($25.00)
per week or one hundred dollars ($100.00) per month.
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. 1998 § 630.050; Ord. No. 2349 §1, 8-9-2004]
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.
[R.O. 1998 § 630.060; Ord. No. 2349 §1, 8-9-2004]
A. The applicant (person or organization)
shall provide the following information:
2.
Number of identification cards required.
3.
The name, 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, the City will
take an instant photograph of each person for whom 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.
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 as issued 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:
a.
The name, telephone number and permanent
address of the organization, person or group for whom donations (or
proceeds) are accepted.
b.
The web address for this organization,
person or group (or other address) where residents having subsequent
questions can go for more information.
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. 1998 § 630.070; Ord. No. 2349 §1, 8-9-2004]
A. 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 within
that time that:
1.
The applicant has been convicted
of a felony or a misdemeanor involving moral turpitude within the
past seven (7) years;
2.
With respect to a particular card,
the individual for whom a card is requested has been convicted of
any felony, misdemeanor or ordinance violation involving moral turpitude
within the past seven (7) years; or
3.
Any statement upon the application
is false, unless the applicant can demonstrate that the falsehood
was the result of excusable neglect.
[R.O. 1998 § 630.080; Ord. No. 2349 §1, 8-9-2004]
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 seventy-two (72) business hours provided in Section
630.070, 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. 1998 § 630.090; Ord. No. 2349 §1, 8-9-2004]
A. 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 seventy-two (72) 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 option an appeal
of the denial of his application before the following tribunal:
1.
Before the City Clerk, provided that
such a hearing will be scheduled within ten (10) days of the request,
due notice of which is to be given to the public and the applicant.
[R.O. 1998 § 630.100; Ord. No. 2349 §1, 8-9-2004]
If the applicant requests a hearing under Section
630.090, review from the decision (on the record of the hearing) shall be had to the Circuit Court of St. Louis County.
[R.O. 1998 § 630.110; Ord. No. 2349 §1, 8-9-2004]
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, as so
to be reasonably visible to any person who might be approached by
said person.
[R.O. 1998 § 630.120; Ord. No. 2349 §1, 8-9-2004]
An identification card shall be valid
within the meaning of this Chapter for a period of six (6) months
from its date of issuance or the term requested, whichever is less.
[R.O. 1998 § 630.130; Ord. No. 2349 §1, 8-9-2004]
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.
B. The revocation procedure shall be initiated by the filing of an informationby the prosecuting attorney or of a complaint by the issuing officer and a hearing before the tribunal identified in Section
630.090 above.
[R.O. 1998 § 630.140; Ord. No. 2349 §1, 8-9-2004]
The issuing officer shall maintain
a list of persons within the City who restrict visits to their residential
property (including their leasehold, in the case of a tenant) by peddlers,
solicitors and canvassers. The issuing officer may provide a form
to assist residents and this form may allow the resident to select
certain types of visits that the resident finds acceptable while refusing
permission to others. This "no visit" list shall be a public document,
reproduced on the City's website and available for public inspection
and copying. A copy of the "no visit" list shall be provided to each
applicant for and each recipient of an identification card. If a canvasser
chooses not to apply for an identification card, it will be the responsibility
of that canvasser to obtain in some other way a copy of the current
"no visit" list.
[R.O. 1998 § 630.150; Ord. No. 2349 §1, 8-9-2004]
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 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 of the property:
a.
Listed on the City "no visit" list;
or
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. 1998 § 630.160; Ord. No. 2349 §1, 8-9-2004; Ord. No. 2381 §2, 7-12-2005; Ord. No. 2696 §1, 2-9-2011]
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 need 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 entrance way 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.
Enter upon any private property where
the current occupant has posted the property on the City's "no visit"
list (except where the posting form indicates the occupant has given
permission for this type of visit), regardless of whether a front
yard sign is posted.
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.
Remove any yard sign, door or entrance
sign that gives notice to such person that the resident or occupant
does not invite visitors.
6.
Enter upon the property of another
except between the hours of 9:00 A.M. and 7:00 P.M.
7.
No solicitation shall be permitted
at road and highway intersections within the City of St. Ann, Missouri;
provided, however, the St. Ann Board of Aldermen may approve up to
four (4) toll road applications each calendar year on the condition
that any such toll road is staffed with trained public safety officers
only.
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.
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[R.O. 1998 § 630.170; Ord. No. 2349 §1, 8-9-2004]
Any person violating any part of
this Chapter shall have committed a trespass on such property and
shall be prosecuted under the general trespass ordinance of the City.
The penalty for such violation shall be the same as for any other
trespass.