[Ord. No. 2769 §§1 — 2, 8-5-2014[1]]
As used in this Chapter, the following terms shall have the
meanings indicated:
Attempting to make personal contact with a resident at his/her
residence without prior specific invitation for the primary purpose
of:
Any person who engages in canvassing in person for himself
or any other person, even if incidental to the canvassing the canvasser
accepts the donation of money for or against a cause.
Any activity represented as carried on from unselfish, civic
or humanitarian motives or for the benefit of others and not for private
gain, and may include, without limitation, patriotic, philanthropic,
social service, welfare, benevolent, educational, civic, fraternal,
cultural, scientific, historical, athletic, medical or religious activities,
either actual or implied.
The City of Parkville, Missouri.
The holder of the office described in Chapter 115 of the Municipal Code of the City of Parkville, Missouri, or his or her designee.
Any printed or written matter, any sample or device, circular,
leaflet, pamphlet, paper booklet or any other printed or otherwise
reproduced original or copies of any matter of literature which:
Advertises for sale merchandise, products, or commodities; or
Directs attention to any business or mercantile or commercial
establishment, or other activity, for the purpose of either directly
or indirectly promoting the interest thereof by sales; or
Directs attention to or advertises any meeting, theatrical performance,
exhibition, or event of any kind, for which an admission fee is charged
for the purpose of private gain or profit; or
Directs attention to any charitable activity.
Exemption for mail and newspapers. For purposes
of this Chapter, the term "handbill" does not include mail delivered
by the United States Postal Service or newspapers duly entered with
the Post Office Department of the United States and newspapers filed
and recorded with any recording officer, as provided by general law,
or any periodical or current magazine regularly published at least
annually and sold to the public.
Attempting 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;
or
Operation from a temporary stand, display or similar facility
for the purpose of attempting to sell a good or service; or
Traveling from house to house, door to door, street to street
or from place to place for the primary purpose of attempting to sell
a good or service.
A person who peddles for himself or for any other person.
Any individual, firm, partnership, corporation, company,
religious sect or denomination, society, organization or league, and
includes any trustee, director, member, partner, officer, receiver,
assignee, employee, agent or similar representative thereof.
Direct or indirect financial or commercial benefit of any
person or company.
Attempting 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:
Requesting the contribution of funds or anything of value or
advertising or selling or offering for sale or taking or attempting
to take orders for any service, merchandise, product, commodity, meeting,
performance or event, of any kind, in character or description, for
political, philanthropic, charitable, religious, commercial or any
other purposes, while traveling from house to house, door to door,
street to street or from place to place in the City; or
Distributing a commercial handbill or advertising a commercial
event or service.
A "solicitation," as defined herein, shall be deemed completed
when the request or distribution is made, whether or not the person
making the solicitation receives any contribution or makes any sale.
"Solicitation," as defined herein, shall not include the activity
of children going door-to-door to trick or treat for the yearly celebration
of Halloween.
A person who solicits for himself or any other person.
[1]
Editor's Note: This ordinance provided for the repeal
of former Ch. 610, Peddlers, Solicitors and Canvassers, adopted 12-2-2003
by Ord. No. 2105.
[Ord. No. 2769 §§1 — 2, 8-5-2014]
A.
Every solicitor or peddler must obtain a permit from the City before
soliciting or peddling within the City. To obtain a permit to solicit
or peddle, an applicant must furnish the information required under
this Chapter to the City Clerk.
B.
Notwithstanding any other provisions of this Chapter, students attending
elementary through college-level schools who are acting in their capacity
as students affiliated with a local or nationally recognized educational
institution or youth organization may peddle or solicit for charitable
purposes without obtaining a permit.
C.
Notwithstanding any other provisions of this Chapter, any person
or organization may peddle or solicit in conjunction with promotion
of a special event without obtaining a permit, provided that the person
or organization has a valid special event permit from the City.
[Ord. No. 2769 §§1 — 2, 8-5-2014]
An applicant for a solicitation or peddling permit shall furnish
to the City Clerk an application containing the following information:
A.
The name and address of the principal office of the person applying
for the permit (including both local and non-local principal offices,
where such exist);
B.
If the applicant is not an individual, the names and addresses of
the applicant's principal officers and executives;
C.
The purpose of the solicitation or peddling activity;
D.
The name, address, photograph, and physical description of the person
or persons soliciting or peddling;
E.
The time when the solicitations or peddling will occur, giving the
expected dates for commencement and termination of the solicitation
or peddling, subject to the limitations on time for solicitations
contained in this Chapter;
F.
A copy of a State or Federal government-issued identification card
of the solicitor or peddler, if the applicant is legally able, by
age, to obtain this identification;
G.
A copy of a criminal background check issued by the Missouri Highway Patrol within seven (7) days of the time of application, but in any event before the activity occurs, that demonstrates the qualification of the applicant under Section 610.040(C);
H.
The motor vehicle make, model, year, color, and license plate State
and number of any vehicle that will be used for solicitation or peddling;
I.
A statement to the effect that if a permit is granted:
1.
It will not be used or represented in any way as an endorsement
by the City or by any department or officer thereof; and
2.
That during the period specified in the permit, if there is
any change in fact, policy or method that would alter the information
given in the application, the applicant will notify the City Clerk
in writing thereof within forty-eight (48) hours after that change;
and
3.
That at no time during the period of solicitation or peddling
will the applicant or his or her agents solicit or peddle at any business
or residence within the City where there is clearly and visibly posted
any sign requesting "No Solicitation" or "No Trespassing" or words
of similar meaning; and
4.
That at no time during the period of solicitation or peddling
will the applicant or his or her agents solicit or peddle at any residence
or business within the City, the property owner or resident of which
has signed the City's "No Visit" list; and
5.
That the applicant and all persons for whom application is made
will carry on their person a copy of the solicitation or peddling
permit issued by the City; and
6.
That at no time during the period of validity of the permit
will the solicitor or peddler solicit or peddle without carrying a
State or Federal government-issued identification card, if the solicitor
or peddler is legally eligible, by age, to obtain such an identification
card; and
J.
A sample of the identification badge or card that each peddler or
solicitor shall wear or carry, indicating that person's name
and the name of the organization for which he or she is soliciting.
The badge or card shall be furnished by the organization and must
be approved by the City Clerk.
[Ord. No. 2769 §§1 — 2, 8-5-2014]
The following are the standards for issuance of the solicitation
or peddling permit:
A.
Upon receiving a completed application from the applicant or applicant's
representative and upon making all the following findings, the City
Clerk shall issue a solicitation or peddling permit provided by this
Chapter.
B.
The City Clerk may defer issuance of any solicitation or peddling
permit for the period of time as is reasonably necessary, not to exceed
seven (7) days, to verify the accuracy of information required to
be provided in the application for a solicitation or peddling permit.
C.
The City Clerk shall not issue a solicitation or peddling permit
to any person who has:
1.
Been convicted of a felony;
2.
Been convicted of a misdemeanor or other violation of the laws
of the United States or of any State or City of the United States
where that conviction was for an offense involving force, threat of
force, theft, burglary, dishonesty, fraud, sexual misconduct or moral
turpitude within the past seven (7) years; or
3.
Been charged with a felony, misdemeanor or other violation of
the laws of the United States or of any State or City of the United
States and an arrest warrant has been issued therefor by the jurisdiction
in which the crime is alleged and remains outstanding.
D.
Any person who is aggrieved by the refusal of the City Clerk to issue
a solicitation or peddling permit may appeal that refusal to the City
Administrator. On refusal, the City Clerk shall notify the applicant
by hand delivery or United States mail, postage prepaid, of the refusal
to issue a solicitation or peddling permit and informing the applicant
that the applicant may appeal that refusal to the City Administrator
by requesting of the City Clerk to have a hearing before the City
Administrator not later than five (5) days following receipt of the
notice of refusal. The notice of refusal shall contain a statement
of the facts upon which the City Clerk acted in refusing to issue
a permit. On receipt of the request for hearing before the City Administrator,
the City Clerk shall schedule the matter to be heard before the City
Administrator not more than ten (10) days following receipt, unless
the applicant shall request that the hearing be scheduled at a later
date. At the hearing, the applicant may offer evidence to support
any contention that a permit should be issued. In the event the City
Administrator sustains the denial of issuance of the permit, the applicant
may appeal that decision to the District Court of Platte County, Missouri.
[Ord. No. 2769 §§1 — 2, 8-5-2014]
All solicitation or peddling applications, permits and supporting
documentation filed with the City Clerk shall be a matter of public
record and shall be available for examination and inspection by any
member of the public during regular business hours.
[Ord. No. 2769 §§1 — 2, 8-5-2014]
A fee, as set forth in the Schedule of Fees adopted by the Board of Aldermen by resolution, as authorized by Section 800.010 of the Municipal Code, is required to be paid to the City for processing solicitation and peddling permit applications and renewal applications to cover City staff application processing time. A separate permit shall be issued for each person soliciting or peddling.
[Ord. No. 2769 §§1 — 2, 8-5-2014]
Permits issued under this Chapter shall bear the name and address
of the person to whom the permit is issued, the number of the permit,
the permit expiration date, a statement that the permit does not constitute
an endorsement by the City or its officers or employees, the name
of the person conducting the solicitation, if different than the name
of the person to whom the permit was issued, the purpose of the solicitation
or peddling and the signature of the City Clerk.
[Ord. No. 2769 §§1 — 2, 8-5-2014]
Permits issued pursuant to this Chapter are valid for the number
of days requested in the application, but may not exceed thirty (30)
consecutive calendar days. Applications for renewal of permits may
be made and shall be granted a renewal application as submitted that
demonstrates the requirements of this Chapter are still being met
and no violations of the permit or this Chapter have been found to
exist.
[Ord. No. 2769 §§1 — 2, 8-5-2014]
No permit issued under the provisions of this Chapter is transferable
or assignable.
[Ord. No. 2769 §§1 — 2, 8-5-2014]
Any determination by the City Clerk or any sworn employee of
the City of Parkville Police Department that the holder of a City
permit has violated any provisions of this Chapter or of the permit
issued pursuant thereto, or that the holder of the permit has made
representations or factual statements in the application for the permit
that the applicant knew or should reasonably have known to be false
or incorrect, shall cause the City Clerk or any sworn employee of
the City of Parkville Police Department to give notice to the permit
holder that the permit is immediately suspended. The notice of immediate
suspension is to be hand-delivered or mailed to the permit holder
by United States mail, postage prepaid, and shall notify the holder
that the permit shall be revoked unless an appeal hearing before the
City Administrator is requested within five (5) days. The notice shall
contain a statement of the facts upon which the City Clerk or any
sworn employee of the City of Parkville Police Department acted in
suspending the permit. If an appeal hearing is requested, at the hearing,
the permit holder may offer evidence to support any contention that
the permit should not be revoked. Peddling and solicitation activity
shall cease during the period of suspension or revocation of a permit.
Except upon request of the permit holder, in no event shall the hearing
be held more than ten (10) days following receipt of the permit holder's
request for an appeal of suspension of the permit. In the event the
City Administrator revokes the permit, the revocation may be appealed
to the District Court of Platte County, Missouri. No peddling or solicitation
shall be made during the period of appeal of the revocation. In the
event of a revocation, the permit holder is not eligible to reapply
for a permit for peddling or solicitation for a period of one (1)
year. If the event the City Administrator does not revoke the permit
following appeal, the permit holder is not entitled to a refund of
any applicable permit fees, but the term of the permit will be extended
by the number of days of the period of suspension.
[Ord. No. 2769 §§1 — 2, 8-5-2014]
The City Clerk is directed to administer this Chapter uniformly
and is to require all applicants to submit the application and supporting
data required by this Chapter before issuing a permit. All applicants
are to be treated alike.
[Ord. No. 2769 §§1 — 2, 8-5-2014]
The following acts are unlawful and prohibited:
A.
It shall be unlawful for any solicitor or peddler or canvasser to
ring the bell or knock on the door, or otherwise attempt to gain admittance,
for the purpose of soliciting, peddling or canvassing at a residence,
dwelling or apartment at which a sign bearing the words "No Solicitors,"
"No Trespassers," or words of similar meaning indicating that those
persons are not wanted on the premises, is painted, affixed or otherwise
exposed to public view, provided that this prohibition shall not apply
to any solicitor, peddler or canvasser who gains admittance to a residence
at the invitation, permission or consent of the occupant thereof.
It shall be unlawful for any solicitor, peddler or canvasser to conduct
soliciting, peddling, and canvassing on the premises of any business
that has posted a sign exposed to public view bearing the words "No
Solicitors" or words of similar meaning indicating that those activities
are not allowed on the premises.
B.
It shall be unlawful for any solicitor, peddler or canvasser to solicit,
peddle or canvass prior to 9:00 A.M. or after 8:00 P.M., Central standard
time, and prior to 9:00 A.M. or after 9:00 P.M., Central daylight
saving time, of any day, except that this Section shall not apply
when the peddler, solicitor, or canvasser has an express invitation
from the resident, occupant, or owner of a dwelling or business allowing
him/her to enter upon the property outside of the designated times.
C.
It shall be unlawful for any solicitor, peddler or canvasser to engage
in soliciting, peddling or canvassing upon any premises or in any
dwelling house, apartment or other residence after having been asked
by the owner or occupant thereof to leave the premises or residence.
D.
It shall be unlawful for any solicitor or peddler to make more than
one (1) appearance for purposes of soliciting or peddling at the same
residential premises for identical goods, services or contributions
within any consecutive sixty-day period, without receiving prior permission
therefor from the occupants of the premises. This provision shall
be construed to include solicitation and peddling upon the same premises
by employees, agents or other persons acting on behalf of the same
person more than once during the aforesaid period without prior permission,
as herein provided.
E.
It shall be unlawful for any solicitor, peddler or canvasser to fail
to provide, at the request of the purchaser or donator, a written
receipt for purchases or donations exceeding five dollars ($5.00)
in cash or tangible property, which receipts shall be signed by the
person making the sale or accepting the donation and shall set forth:
1.
The brief description of the goods or services sold, the total
purchase price thereof, amount of cash payment, if any, and the balance
due and terms of payment; or
2.
For any donation or charitable solicitation, a written receipt
acknowledging that contribution and personally signed by the person
accepting the contribution.
F.
It shall be unlawful for any solicitor, peddler or canvasser to fail
at the outset to disclose to the prospective buyer, donor or canvassee
his/her name and the name of the company, product or organization
he/she represents.
G.
It shall be unlawful for any solicitor, peddler or canvasser to make
any assertion, representation or statement that misrepresents the
purpose of his/her call or use any plan or scheme that misrepresents
that purpose.
H.
It shall be unlawful for any solicitor, peddler or canvasser to conduct
his/her business in a way that would restrict or interfere with ingress
or egress of the abutting property owner or tenant, increase traffic
congestion or delay, or constitute a hazard to traffic, life or property
or an obstruction to adequate access to fire, police or sanitation
vehicles.
I.
It shall be unlawful for any solicitor, peddler or canvasser who
has: been convicted of a felony; been convicted of a misdemeanor or
other violation of the laws of the United States or of any State or
City of the United States, where that conviction was for an offense
involving force, threat of force, theft, burglary, dishonesty, fraud,
sexual misconduct or moral turpitude within the past seven (7) years;
or been charged with a felony, misdemeanor or other violation of the
laws of the United States or of any State or City of the United States
and an arrest warrant has been issued therefor by the jurisdiction
in which the crime is alleged and remains outstanding, to solicit,
peddle or canvass within the City.
J.
It shall be unlawful for any person to solicit, peddle or canvass
or attempt to solicit, peddle or canvass at a place of residence at
any entrance other than the main entrance of the residence.
K.
It shall be unlawful for any solicitor or peddler to solicit or peddle or attempt to solicit or peddle without carrying upon his/her person a copy of the permit issued by the City authorizing solicitation or peddling and an identification badge or card as described in Section 610.030(J) of this Chapter.
L.
It shall be unlawful for any solicitor or peddler to solicit or peddle
or attempt to solicit or peddle without carrying upon his/her person
a State or Federal government identification card, if the solicitor
or peddler is legally able, by age, to obtain this form of identification.
M.
It shall be unlawful for any solicitor, peddler or canvasser to solicit, peddle or canvass at a residence, the owner or occupant of which has signed on to the City's "No Visit" list after the creation of the list, pursuant to Section 610.130 of this Chapter.
N.
It shall be unlawful for any solicitor, peddler or canvasser to leave
a handbill attached to any sign, utility pole, transit shelter, tree,
bridge, public building or appurtenance or other structure within
the public right-of-way. No handbill shall be attached to any privately
owned property in a manner that causes damage to such property. No
handbill shall be left in a manner as to be blown away. No handbill
shall be left on premises that are temporarily or continuously uninhabited.
No handbill shall be placed upon any automobile or other vehicle.
The City may remove and destroy any handbills in violation of this
Section.
O.
It shall be unlawful for any solicitor or peddler to use public property,
including but not limited to parks, streets, medians, sidewalks, parking
lots, and other rights-of-way, for soliciting or peddling unless that
use is part of a special event approved by the City.
[Ord. No. 2769 §§1 — 2, 8-5-2014]
The City Clerk shall maintain a list of persons and businesses,
and their respective addresses within the City, that restrict visits
to their properties by peddlers, solicitors, and canvassers. The City
Clerk may provide a form to assist residents and businesses, and this
form may allow the applicant to select certain types of visits that
the applicant 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 with the permit to
each peddler, solicitor or canvasser wishing to conduct business within
the City, and it is the responsibility of peddlers, solicitors and
canvassers to be aware of the contents of the City's current
"No Visit" list for purposes of compliance with this Chapter.
[Ord. No. 2769 §§1 — 2, 8-5-2014]
Any person who violates or causes to be violated any provisions
of this Chapter or who gives information to the City Clerk, in filing
statements or reports required by this Chapter, which that person
knows or should reasonably know to be false or incorrect is guilty
of a municipal offense and, upon conviction thereof, shall be subject
to penalties not exceeding a fine of five hundred dollars ($500.00)
and costs or imprisonment for a term not exceeding ninety (90) days,
or both such fine and imprisonment. Each day of violation shall constitute
a separate offense.
