As used in this Chapter, the following words have the meanings
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". (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.)
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.
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.
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.
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
610.070, 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.
If the applicant requests a hearing under Section
610.100, 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.
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.
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.