As used in this Chapter, the following words have the meanings
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:
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
Distributing a handbill or flyer advertising a non-commercial
event or service.
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". (Comment: A person who passes out menus for a restaurant would not
be a peddler because the resident ordinarily orders off the menu at
a time when the visitor has left. Similarly, a person passing out
flyers advertising a sale at a nearby venue would not be a peddler
because the resident ordinarily would need to go to the other venue
to make a purchase. An individual passing out flyers saying "tomorrow
we will come to your house and for five dollars ($5.00) will paint
your house number along the curb" would not be a peddler, because
the sale would occur after the visit. However, the people who show
up tomorrow would need a peddler's card.)
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 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
Distributing a handbill or flyer advertising a commercial event
or service.
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.
No person shall act as a peddler or as a solicitor within the
City without first obtaining an identification certificate in accordance
with this Chapter. A canvasser is not required to have an identification
certificate, but any canvasser wanting an identification certificate
for the purpose of reassuring City residents of the canvasser's good
faith shall be issued one upon request.
A.
The
fee for the issuance of each identification certificate 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: $25.00 per day.
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 certificate: No fee.
Any person or organization (formal or informal) may apply for
one (1) or more identification certificates by completing an application
form at the office of the issuing officer during regular office hours.
A.
The
applicant (person or organization) shall provide the following information:
1.
Name of applicant.
2.
Number of identification certificates required.
3.
The name, physical description and photograph of each person for
which a certificate 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 certificate 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 certificate is requested.
6.
A brief description of the proposed activity related to this identification
certificate. (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 certificate 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 certificate 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
certificate is requested.
10.
If a certificate 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 certificate 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.
A.
The
identification certificate(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 certificate, the individual for whom
a certificate is requested has been convicted of any felony or a misdemeanor
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.
During the period of time following the application for one (1) or more identification certificates 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 630.070, the identification certificate will nonetheless be issued, subject however, to administrative revocation upon completion of the investigation. (If a canvasser requests an identification certificate, the investigation will proceed as described above, but if the City refuses to issue the identification certificate (or revokes it after issuance), the canvasser will be advised that the failure to procure an identification certificate does not prevent him/her from canvassing the residents of the City.)
Instead of the application procedure above, if an applicant
produces identification certificates issued by another City having
an ordinance substantially the same as this one, the issuing officer
may in his/her discretion immediately issue identification certificates
without the necessity of a formal application or investigation.
A.
If
the issuing officer denies (or upon completion of an investigation
revokes) the identification certificate to one (1) or more person(s),
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:
1.
The Board of Aldermen, at its next regular meeting, or, if the next
regular meeting is more than fifteen (15) 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.
2.
Before the Municipal Court of the City, 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.
If the applicant requests a hearing under Section 630.100, the hearing shall be held in accordance with the Administrative Procedure Act of the State of Missouri, and review from the decision (on the record of the hearing) shall be had to the Circuit Court of the County in which the City is located. The hearing shall also be subject to the Missouri Open Meetings and Records law.
Each identification certificate 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.
An identification certificate 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.
A.
In
addition to the administrative revocation of an identification certificate,
a certificate 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 certificate 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.
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 certificate. If a canvasser
chooses not to apply for an identification certificate, it will be
the responsibility of that canvasser to obtain in some other way a
copy of the current "no visit" list.
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's "no visit" list; or
b.
Having a "no solicitor" sign of the type described in Section 630.170(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 certificate 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. 1832, 12-16-2015]
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 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.
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 6:00 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.
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.
