[Ord. No. 2063 § 1, 6-7-2007]
As used in this Article, the following words have the meaning
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 (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.
The city collector for the city of Bellefontaine Neighbors,
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 (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. 2063 § 1, 6-7-2007]
This Article 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.
[Ord. No. 2063 § 1, 6-7-2007]
No person shall act as a peddler or 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. 2063 § 1, 6-7-2007]
The fee for the issuance of each identification card shall be:
[Ord. No. 2063 § 1, 6-7-2007]
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. 2063 § 1, 6-7-2007]
The applicant (person or organization) shall provide the following
information:
(a)
Name of applicant.
(b)
Number of identification cards required.
(c)
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 which a card is requested at the application site.
The actual cost of the instant photograph will be paid by the applicant.
(d)
The permanent and (if any) local address of the applicant.
(e)
The permanent and (if any) local address of each person for whom
a card is requested.
(f)
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.)
(g)
Date and place of birth for each person for whom a card is requested
and (if available) the social security number of such person.
(h)
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.
(i)
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.
(j)
If a card is requested for a peddler:
(1)
The name and permanent address of the business offering the
event, activity, good or service (i.e., the peddler's principal).
(2)
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.
(3)
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.
(k)
If a card is requested for a solicitor:
(l)
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. 2063 § 1, 6-7-2007]
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:
(a)
The applicant has been convicted of a felony or a misdemeanor involving
moral turpitude within the past seven (7) years, or
(b)
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 within the past seven (7) years, or
(c)
Any statement upon the application is false, unless the applicant
can demonstrate that the falsehood was the result of excusable neglect.
[Ord. No. 2063 § 1, 6-7-2007]
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 15-356, 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. 2063 § 1, 6-7-2007]
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 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 option an appeal of the denial of his application
before the Board of Aldermen at its next regular meeting or if the
next regular meeting is more than ten (10) days from the denial of
the application, at a special meeting to be held within that ten (10)
day period, due notice of which is to be given to the public and the
applicant.
[Ord. No. 2063 § 1, 6-7-2007]
If the applicant requests a hearing under Section 15-358, review from the decision (on the record of the hearing) shall be had to the circuit court of St. Louis County.
[Ord. No. 2063 § 1, 6-7-2007]
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.
[Ord. No. 2063 § 1, 6-7-2007]
An identification card shall be valid within the meaning of
this Article for the length of the license period requested, up to
a maximum period of six (6) months, from its date of issuance.
[Ord. No. 2063 § 1, 6-7-2007]
In addition to the administrative revocation of an identification
card, a card may be revoked for any of the following reasons:
(a)
Any violation of this Article by the applicant or by the person for
whom the particular card was issued.
(b)
Fraud, misrepresentation or incorrect statement made in the course
of carrying on the activity.
(c)
Conviction of any felony or a misdemeanor involving moral turpitude
within the last seven (7) years.
(d)
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.
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The revocation procedure shall be initiated by the filing of a complaint by the issuing officer and a hearing before the tribunal identified in Section 15-358 above.
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[Ord. No. 2063 § 1, 6-7-2007]
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:
(a)
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.
(b)
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.
(c)
No handbill or flyer shall be left at or attached to any of the property having a "no solicitor" sign of the type described in Section 15-364(a) or (b).
(d)
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.
(e)
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. 2063 § 1, 6-7-2007]
No peddler, solicitor or canvasser shall:
(a)
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 as the case may be. Such sign need not exceed one (1) square
foot in size and may contain words "no soliciting" or "no solicitors",
"no peddling" or "no peddlers" or "no canvassing" or "no canvassers"
or any combination thereof in letters of at least two (2) inches in
height.
(b)
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 similar to that specified in Subsection (a) above and which is clearly visible to the peddler, solicitor or canvasser.
(c)
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.
(d)
Remove any yard sign, door or entrance sign that gives notice to
such person that the resident or occupant does not invite visitors.
(e)
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.
(f)
Enter upon the property of another except between the hours of 9:00
A.M. and 8:00 P.M. in the hours of Central Standard Time and 9:00
A.M. and 9:30 P.M. in the hours of Central Daylight Time.
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Except that the above prohibitions shall not apply when the
peddler solicitor or canvassers 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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[Ord. No. 2063 § 1, 6-7-2007]
Any person violating any part of this Article shall be prosecuted under the general penalty ordinance of the city of Bellefontaine Neighbors as set forth at Section 1-10 of the Code of Ordinances.
