[Ord. No. 02-796 §1, 7-22-2002]
The following definitions shall govern the construction of this
Chapter:
Any one (1) or more of the following activities:
Any one (1) or more of the following activities:
Seeking to obtain gifts or contributions of money, clothing
or any other valuable things for the support or benefit of any individual,
firm, corporation, organization, association or group which is registered
as a non-profit organization under the laws of any State of the United
States or of the Federal Government or is subject to the election
laws of any State or of the Federal Government.
Seeking to obtain gifts or contributions of money, clothing
or any other valuable things for literature, artifacts or goods of
any individual, firm, corporation, organization, association or group
which is registered as a non-profit organization under the laws of
any State of the United States or of the Federal Government or is
subject to the election laws of any State or of the Federal Government.
Any one (1) or more of the following activities:
Seeking to sell or to obtain orders for the purchase of goods,
wares, merchandise, foodstuffs or other services, goods or contracts
of any kind, character or description whatever for any kind of consideration
whatever or dissemination thereof without consideration; or
Requesting information on the background, occupation, economic
status, social status, religious status, political status, attitudes,
viewpoints, occupants of a residence, telephone number, address, furnishings
or the like of any person for the actual or alleged purpose of compiling
such information as raw data or refined data into a document, record,
book or directory to be sold or to be used wholly or in part for commercial
purpose; or
Seeking to obtain subscription to books, magazines, periodicals,
newspapers or any other type or kind of publication; or
Seeking to obtain gifts or contributions of money, clothing
or any other valuable thing for the support or benefit of any individual,
firm, corporation, organization, association or group not falling
within the definition of "charitable soliciting" as set forth in the
definition above.
Any person who has complied with the requirements for registration
as hereinafter provided.
Every separate living unit occupied for residential purposes
by one (1) or more persons contained within any type of building or
structure.
Any person or organization conducting activities falling
within the scope of the definitions set forth above. Each individual
in a firm, corporation, organization, association or group shall be
considered a solicitor.
[Ord. No. 02-796 §1, 7-22-2002]
A.
1.
Officers or employees of a City, County, State or Federal Government,
or any subdivision thereof, when on official business;
2.
Any solicitation conducted entirely by mail or by telephone or other
means of telecommunications;
3.
Any news-gathering activity for any news medium;
4.
Any solicitor who is invited to a residence by an occupant of that
residence;
5.
Salesmen soliciting orders from or selling to retail dealers for
resale, wholesalers or manufacturers for manufacturing purposes;
6.
Bona fide candidates for public office; or
7.
Any church or fraternal lodge not operated for pecuniary profit where
not part of the new earnings of which is to the benefit of any person,
private shareholder or individual and where the solicitation of such
organization shall be conducted by members among members thereof voluntarily
and without remuneration for such activities.
[Ord. No. 02-796 §1, 7-22-2002]
No canvasser, peddler or solicitor shall fail to refuse to leave
any building or any enclosed or improved real estate, lot or parcel
of ground in the City when requested to leave by the person solicited.
[Ord. No. 02-796 §1, 7-22-2002]
Except as otherwise provided by this Chapter, every individual
desiring to engage in soliciting, as herein defined, from persons
and residences within this municipality is hereby required to make
written application for a certificate or registration as hereinafter
provided. No person shall be permitted to engage in soliciting unless
that person has been issued a certificate of registration. Such certificate
shall be carried by the solicitor, peddler or canvasser. Any person
soliciting within this City shall, upon demand, exhibit his/her certificate
of registration to any Police Officer, other City Official or private
resident upon whose premises he/she is soliciting.
[Ord. No. 02-796 §1, 7-22-2002]
A.
Application For A Certificate Of Registration. Any person
desiring to engage in commercial solicitation in this City shall file,
on a form to be provided by the City Clerk, an application with the
City Clerk stating:
1.
Name of applicant.
2.
Permanent home address of the applicant.
3.
Name and address of the individual, firm, corporation, organization,
association or group represented.
4.
Nature of merchandise to be sold or offered for sale, the nature
of the service to be furnished or purpose for solicitation.
5.
Date on which he/she desires to commence soliciting.
6.
Period of time for which a certificate is requested.
7.
The make, model, year, color and license number and State of licensing
of the applicant's motor vehicle.
8.
Whether or not the applicant has ever been convicted of a violation
of a felony under the laws of the State of Missouri or any other State
or Federal law of the United States.
9.
Said application shall also be accompanied by a letter or other written
statement from the individual, firm, corporation, organization, association
or group for which the applicant will be soliciting certifying that
the applicant is authorized to act as a representative of that individual,
firm, corporation, organization, association or group.
10.
The applicant shall, on request, submit to fingerprinting and photographing
by the Police Department in connection with the application for the
certificate.
11.
All statements made by the applicant upon the application or in connection
therewith shall be under oath.
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At the time of the filing the application, a fee of five dollars
($5.00) shall be paid to the City Clerk to cover the cost of processing
the application.
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B.
Processing Of The Application. The City Clerk shall cause
to be kept in his/her office an accurate record of every applicant
received, together with all other information and data pertaining
thereto, and all certificates of registration or exemption issued
under the provisions of the Chapter and of the denial of applications.
Applications for certificates of registration shall be numbered in
consecutive order as filed; and every certificate issued, and any
renewal thereof, shall be identified with duplicate number of the
application upon which it was issued. Within two (2) working days
of receipt of the application by the City Clerk, the original of said
application shall be referred to the Chief of Police for investigation.
C.
Investigation And Approval. The Chief of Police shall cause
such investigation to be made of the applicant's business and moral
character of the individual, firm, corporation, organization, association
or group for which the applicant will be soliciting as he/she deems
necessary for the protection of the public good. The Chief of Police
shall endorse on such application his/her approval and return the
application to the City Clerk within ten (10) working days from the
date of receipt of the application by the Chief of Police, unless:
1.
The individual requesting the certificate of registration has, within
two (2) years of the date of the application:
a.
Been convicted of the commission of a felony under the laws of Missouri
or any other State or Federal law of the United States;
b.
Been convicted of a violation of any of the provisions of this Chapter;
c.
Lost his/her certificate of registration by revocation as here provided;
d.
Been convicted of a crime, misdemeanor or violation of any ordinance
concerning canvassing or soliciting; or
e.
Falsified any information required by this Chapter as a part of the
application process.
2.
The individual, firm, corporation, organization, association or group
for which the applicant will be soliciting has, within two (2) years
of the date of the application:
a.
Been convicted of a violation of any provisions of this Chapter;
b.
Lost his/her certificate of registration by revocation as herein
provided;
c.
Been convicted of a crime, misdemeanor or violation of any ordinance
concerning canvassing or soliciting; or
d.
Been convicted of a felony or misdemeanor involving or found liable
for fraud or misrepresentation in solicitation or misuse of funds
solicited.
D.
Refusal Of Application. If, as a result of such investigation, the applicant is not entitled to receive a certificate of registration under this Chapter for any of the reasons set forth in Subsection (C) of this Section, the Chief of Police shall endorse on such application his/her disapproval and his/her reasons for the same and return the application to the City Clerk who shall notify the applicant that his/her application is disapproved and that no certificate will be issued.
E.
Issuance Of Certificate Of Registration.
1.
If, after such investigation, the applicant is found to be entitled
to receive a certificate of registration under this Chapter, the Chief
of Police shall endorse on the application his/her approval and return
the application to the City Clerk who shall, upon payment of all fees,
if any, required by this Chapter or any other ordinance, deliver to
the applicant his/her certificate of registration. Such certificate
shall contain the signature and seal of the Clerk and shall show the
name, address of the solicitor, the kind of solicitation to be made
thereunder, the amount of fee paid, the date of issuance of the certificate
and the length of time the same shall be operative, as well as the
license number and other identifying description of any vehicle to
be used in such soliciting or canvassing. The Clerk shall keep a permanent
record of all certificates issued.
2.
The fee which shall be charged by the City Clerk for issuance or
renewal of such certificate of registration shall be ten dollars ($10.00);
provided however, when more than one (1) individual plans to solicit
for the same group, organization, corporation or cause, no more than
one (1) ten dollar ($10.00) fee shall be required with respect to
the total number of all such solicitors for the period of validity
of the certificate issued on payment of that fee. A certificate of
registration shall be good for one (1) year unless a shorter period
of time is specified in the application.
[Ord. No. 02-796 §1, 7-22-2002]
Any individual shall at all times while engaged in canvassing
or soliciting in the City carry the certificate of registration upon
his/her person. Every individual shall exhibit the registration whenever
he/she is requested to do so by and Police Officer or person solicited.
[Ord. No. 02-796 §1, 7-22-2002]
A.
It
is hereby declared to be unlawful and shall constitute a nuisance
for any person whether registered under this Chapter or not, to go
uninvited upon any premises and ring the doorbell upon or near any
door of a residence located thereon or rap or knock upon any door
or create any sound in any other manner calculated to attract the
attention of the occupant of such residence, for the purpose of securing
an audience with the occupant and engage in soliciting, as herein
defined, except during the following hours of 10:00 A.M. to 5:00 P.M.
B.
No
solicitor may solicit from the paved portion of any public street,
provided however, that his/her prohibition shall not apply to the
sale of ice cream products and other frozen dessert products from
the paved portion of any public street between the hours of 10:00
A.M. to 5:00 P.M.
C.
Entering
inside a private residence of the City by a solicitor, not having
been invited or requested to do so by the occupant or owner of such
residence, is declared to be a nuisance.
D.
Any
solicitor who has gained entrance to any residence, whether invited
or not, shall immediately and peacefully depart from the premises
when requested to do so by the occupant.
E.
When
any solicitor takes a partial payment of goods, wares, merchandise,
foodstuffs, service or subscription from a person who has been solicited,
he/she shall execute and give to the person solicited a written receipt
for the order, which receipt shall be signed by the solicitor and
shall set forth a brief description of the item or items ordered,
the total price thereof, including the principal and separately any
interest service charge, and the amount of the partial payment received
by the solicitor from the person being solicited.
[Ord. No. 02-796 §1, 7-22-2002]
No person holding a certificate of registration under this Chapter,
or any agent member or representative thereof, shall advertise, represent
or hold out in any manner that such permit is an endorsement of the
holder by the City, or by any member thereof or by any organization,
which such member may represent.
[Ord. No. 02-796 §1, 7-22-2002]
A.
It
shall be the duty of the City of Charlack Police, as well as the City
Clerk, to see that the provisions of this Chapter are enforced and
obeyed. The Police shall at all times keep vigilant watch for any
violation and shall issue summons in case of any violation detected,
whether or not any complaint has been made.
B.
The
Police Department shall report to the City Clerk all convictions for
violation of this Chapter, and the City Clerk shall maintain a record
for each license issued and record the reports of violations thereof.
[Ord. No. 02-796 §1, 7-22-2002]
A.
A certificate
of registration issued pursuant to this Chapter may be revoked by
written order of the Chief of Police because of any violation by the
registrant of this Chapter or any other ordinance of the City, or
State or Federal law, or upon proof that the registrant has been participating
in disorderly conduct, fraud or misrepresentation in connection with
this solicitation, or whenever the registrant shall cease to posses
the qualifications and character required in this Chapter for the
original registration, The registrant shall promptly be mailed written
notice of the decision.
B.
Any
person aggrieved by the decision of the Chief of Police to deny or
revoke a certificate of registration shall have the right to appeal
to the Board of Aldermen. Such appeal shall be taken by filing with
the Board within fourteen (14) days after notice of the action complained
of has been mailed to the registrant's last known address a written
statement fully setting forth the grounds for the appeal. The Board
of Aldermen shall set a place and time for the hearing the appeal;
and note of such hearing shall be mailed to the registrant at least
five (5) days prior to the date set for the hearing. The decision
and order of the Board of Aldermen on such appeal shall be final and
conclusive.
