City of Farmington, MO
St. Francois County
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Table of Contents
Table of Contents
[Ord. No. 2-22 §8, 8-26-2013]
As used in this Chapter, the following words have the meanings indicated:
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.
[Ord. No. 2-22 §8, 8-26-2013]
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.
[Ord. No. 2-22 §8, 8-26-2013]
No person shall act as a peddler or solicitor within the City without first obtaining an identification card in accordance with this Chapter.
[Ord. No. 2-22 §8, 8-26-2013]
Any person or organization may apply for one (1) or more identification cards by completing an application form at the office of the City Clerk, during regular office hours.
[Ord. No. 2-22 §8, 8-26-2013]
A. 
The applicant for an identification card shall provide the following information:
1. 
Name of applicant.
2. 
Number of identification cards required.
3. 
A driver's license, state identification card, passport, or other government-issued identification card must be provided by all applicants.
4. 
The permanent address of the applicant, and the permanent address of each person for whom a card is requested.
5. 
A description of the proposed activity related to this identification card.
6. 
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.
7. 
If a card is requested for a peddler:
a. 
The name and permanent address of the business offering the event, activity, good or service.
b. 
A copy of the sales tax license as issued by the State of Missouri.
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.
d. 
The web address for this organization, person, or group where residents having subsequent questions can go for more information.
8. 
If a card is requested for a solicitor:
a. 
The name 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 where residents having subsequent questions can go for more information.
[Ord. No. 2-22 §8, 8-26-2013]
A. 
The identification card(s) shall be issued promptly after application but in all cases within three (3) business days 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 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.
[Ord. No. 2-22 §8, 8-26-2013]
A fee of three dollars ($3.00) will be assessed for each identification card issued.
[Ord. No. 2-22 §8, 8-26-2013]
Each identification card shall be 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. 2-22 §8, 8-26-2013]
An identification card shall be valid within the meaning of this Chapter for a period of one (1) week from its date of issuance or the term requested, whichever is less.
[Ord. No. 2-22 §8, 8-26-2013]
The license of any solicitor or peddler licensed pursuant to this Chapter shall be revoked if, after a hearing, the solicitor or peddler is found to have: 1) violated this Chapter; 2) made false statements in the application for a business license; 3) or conducted business 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 hearing required by this section shall be conducted by the City Council. The vendor shall be given written notice of the hearing and the purported grounds for the revocation at least ten (10) days prior to the hearing. The hearing shall be conducted in accordance with Missouri's Administrative Hearing Act.
[Ord. No. 2-22 §8, 8-26-2013]
The City Clerk shall maintain a list of persons within the City who restrict visits to their residential property by canvassers, peddlers, and solicitors. A copy of the no solicitation list shall be provided to each applicant issued an identification card.
[Ord. No. 2-22 §8, 8-26-2013]
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 without first obtaining the permission of the property owner.
[Ord. No. 2-22 §8, 8-26-2013]
A. 
No peddler or solicitor 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 indicating a prohibition against peddling or soliciting. 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.
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 or solicitor.
3. 
Enter upon any private property where the current occupant has posted the property on the City's no solicitation list, regardless of whether or not 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 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 5:00 P.M. in the hours of Central Standard Time, and 9:00 A.M. and 7:00 P.M. in the hours of Central Daylight Time.
B. 
Except that the above prohibitions shall not apply when the peddler or solicitor has an express invitation from the resident or occupant of a dwelling allowing him to enter upon any posted property.
[Ord. No. 2-22 §8, 8-26-2013]
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[1] of the City. The penalty for such violation shall be the same as for any other trespass.
[1]
Editor's Note: See Ch. 210, Ordinance Violations, Art. VI, Ordinance Violations Concerning Property.