[CC 1984 §52.020]
For the purpose of this Chapter there shall be no difference
to the rights, privileges and duties required of peddlers and solicitors,
except that peddlers shall be required to pay a fee for the identification
card hereinafter required.
PEDDLER
One who, for profit to himself/herself or his/her principal,
sells any goods or service, or seeks a donation for any cause of a
profit-making or commercial character.
SOLICITOR
One who solicits for a charitable, political or religious
purpose, even if incidental for such purpose there is the sale of
some goods or service.
[CC 1984 §52.040]
No person shall engage in any act as a peddler or solicitor
without first obtaining an identification card in accordance with
the provisions herein. Any person who does so shall be guilty of a
misdemeanor.
[CC 1984 §52.060]
Any person or organization (formal or informal) may apply for
one (1) or more identification cards by completing an application
form at the office of the City Clerk.
[CC 1984 §52.100]
During the period of time following the application for issuance of one (1) or more identification cards and its issuance, the Chief of Police shall make diligent investigation, as to him/her seems necessary, to determine that the applicant is entitled to the identification card as hereinabove stated. The Chief of Police shall cooperate with the applicant, shall inform the applicant of the progress of his/her investigation, and shall use due diligence in conducting his/her investigation. In all cases, the Chief of Police shall work as expeditiously as is reasonably possible to complete his/her investigation in a minimum amount of time. If the Chief of Police has not completed his/her investigation within the working days that are provided in Section
610.090, the identification card will nonetheless be issued.
[CC 1984 §52.110]
If the City Clerk denies the identification card to one (1)
or more persons he/she shall prepare promptly (and in no event later
than two (2) working days after the denial) a written report of the
reason for his/her denial which shall immediately be made available
to the applicant. The applicant shall be entitled to correct in writing
any deficiencies so noted in the report, which corrections or changes
when filed shall be treated as a new application.
[CC 1984 §52.130]
If the applicant requests a hearing under Sections 610.120(1)
and (2), the said hearing shall be held in accordance with the Administrative
Procedure Act of the State of Missouri, and review from the decision
shall be had to the Circuit Court of Newton County, Missouri, on the
record. Should applicant decide to forego the administrative hearings,
the remedy will be an injunction of declaratory judgment action against
the City.
[CC 1984 §52.140]
Each identification card shall be (when the individual for whom
it was issued is acting as a peddler or solicitor) worn on the outer
clothing of the peddler or solicitor, so as to be reasonably visible
to any person who might be approached by said peddler or solicitor.
[CC 1984 §52.150]
An identification card should be valid within the meaning of
this Chapter for a period of six (6) months from its date of issuance;
thereafter, it shall expire. An applicant with an expired identification
card shall be considered as having no identification card whatsoever
and will be required to apply for a new card if he/she wishes to peddle
or solicit within the City.
[CC 1984 §52.180]
Any resident of the City may list his/her property with the
City Clerk, and direct that his/her property is not to be entered
by any solicitor or peddler. This list shall be available for public
inspection. Upon the issuance of any solicitor or peddler's license,
a copy of the list shall be provided with each card. No card holder
may enter the private property nor contact any person so listed. (Such
listing shall continue for two (2) years, unless listee requests sooner
removal, at which time the listing shall be removed, unless the listee
shall request the same be continued an additional two (2) years.)
[CC 1984 §52.190]
No person shall solicit or peddle within the corporate limits
of this City except within the time limits prescribed in this Section:
From 9:00 A.M. until 6:00 P.M., Monday through Friday, and from 10:00
A.M. until 5:00 P.M. on Saturday. There will be no peddling or soliciting
within the limits of the City of Seneca on Sunday.
[CC 1984 §52.210]
Whenever in this Chapter or any other ordinance of the City,
or in any rule, regulation, notice or order promulgated by any officer
or agency of the City under authority duly vested in him/her or it,
any act is prohibited or is declared to be unlawful or an offense
or misdemeanor or the doing of any act is required or the failure
to do any act is declared to be unlawful or an offense or a misdemeanor,
and no specific penalty is provided for the violation thereof, upon
conviction of a violation of any such provision of this Chapter or
of any ordinance, rule, regulation, notice or order, the violator
shall be punished by a fine not exceeding five hundred dollars ($500.00)
or by imprisonment in the City or County Jail not exceeding ninety
(90) days, or by both such fine and imprisonment; provided, that in
any case wherein the penalty for an offense is fixed by a Statute
of the State the statutory penalty, and no other, shall be imposed
for such offense, except that imprisonments may be in the City Prison
or Workhouse instead of the County Jail.
[CC 1984 §52.230]
Every day any violation of this Chapter or of any other ordinance
or any such rule, regulation, notice or order shall continue shall
constitute a separate offense.