[R.O. 2004 § 605.010]
As used in this Article, the following
words have the meaning 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 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.
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 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.
[R.O. 2004 § 605.020]
This Article 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.
[R.O. 2004 § 605.030]
No person shall act as a peddler
or as a solicitor within the City without first obtaining an identification
card in accordance with this Article. A canvasser is not required
to have an identification card but any canvasser wanting an identification
card for the purpose of reassuring City residents of the canvasser's
good faith shall be issued one upon request.
[R.O. 2004 § 605.040; Ord. No. 7.15 § 3, 6-2-1970]
The license fee for either peddling
or soliciting and canvassing shall be: for one (1) day, five dollars
($5.00); for six (6) months, thirty-five dollars ($35.00); for one
(1) year, seventy-five dollars ($75.00); and in addition thereto a
fee of three dollars ($3.00) shall be paid the City Clerk for issuing
each license.
[R.O. 2004 § 605.050]
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 issuing officer
during regular office hours.
[R.O. 2004 § 605.060]
A. The applicant, person or organization shall
provide the following information:
2.
Number of identification cards required.
3.
The name, physical description and
photograph of each person for which a card 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 card 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 card is requested.
6.
A brief description of the proposed
activity related to this identification card. 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 card is requested and, if available, the social
security number of such person.
8.
A list of all infraction, offense,
misdemeanor, ordinance violation and felony convictions of each person
for whom a card 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 card is requested.
10.
If a card 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 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 or other address where residents having subsequent
questions can go for more information.
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.
[R.O. 2004 § 605.070]
A. The identification card(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, a misdemeanor or an ordinance violation 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, a misdemeanor or an ordinance violation 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.
[R.O. 2004 § 605.080]
During the period of time following the application for one (1) or more identification cards 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
605.070, the identification card will nonetheless be issued subject, however, to administrative revocation upon completion of the investigation. If a canvasser requests an identification card, the investigation will proceed as described above, but if the City refuses to issue the identification card (or revokes it after issuance), the canvasser will be advised that the failure to procure an identification card does not prevent him/her from canvassing the residents of the City.
[R.O. 2004 § 605.090]
Instead of the application procedure
above, if an applicant produces identification cards issued by another
City having an ordinance substantially the same as this one, the issuing
officer may in his/her discretion immediately issue identification
cards without the necessity of a formal application or investigation.
[R.O. 2004 § 605.100]
A. If the issuing officer denies, or upon
completion of an investigation revokes, the identification card to
one (1) or more person, 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 ten (10)
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.
3.
Before an administrative tribunal
or hearing board, 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.
[R.O. 2004 § 605.110]
If the applicant requests a hearing under Section
605.100, 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.
[R.O. 2004 § 605.120]
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 individual as so to
be reasonably visible to any person who might be approached by said
person.
[R.O. 2004 § 605.130]
An identification card shall be valid
within the meaning of this Article for a period of six (6) months
from its date of issuance or the term requested, whichever is less.
[R.O. 2004 § 605.140]
A. In addition to the administrative revocation
of an identification card, a card may be revoked for any of the following
reasons:
1.
Any violation of this Article by
the applicant or by the person for whom the particular card was issued.
2.
Fraud, misrepresentation or incorrect
statement made in the course of carrying on the activity.
3.
Conviction of any felony, a misdemeanor
or an ordinance violation 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 revocation procedure shall be initiated by the filing of a complaint by the City Attorney or the issuing officer pursuant to the State Administrative Procedure Act and a hearing before the tribunal identified in Section 605.100 above.
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[R.O. 2004 § 605.150]
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
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 card. If a canvasser chooses not to apply for
an identification card, it will be the responsibility of that canvasser
to obtain in some other way a copy of the current no visit list.
[R.O. 2004 § 605.160]
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 no visit list;
or
4.
Any person observed distributing
handbills or flyers shall be required to identify himself/herself
to the Police (either by producing an identification card 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.
[R.O. 2004 § 605.170]
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 entrance way 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 8:00 P.M. in the hours of
Central Standard Time and 9:00 A.M. and 9:30 P.M. in the hours of
Central Daylight Time.
Except that the above prohibitions
shall not apply when the peddler, solicitor or canvassers has an express
invitation from the resident or occupant of a dwelling allowing him/her
to enter upon any posted property.
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[R.O. 2004 § 605.180]
Any person violating any part of
this Article 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.
[R.O. 2004 § 605.190; Ord. No. 7.12 § 1, 12-11-1967]
Any person, firm or corporation owning
or operating taxicabs, buses and gas-propelled motive transportation
for transport of persons for hire in the corporate limits of the City
of Mount Vernon, Missouri, shall comply with the following regulations
to obtain and hold a permit to operate such vehicle.
[R.O. 2004 § 605.200; Ord. No. 7.12 § 6, 12-11-1967; Ord. No. 7.18 § 1, 2-1-1978; Ord. No. 7.55 § 1, 1-8-2013]
A. The owner of all the aforesaid vehicles
operating in the City limits of Mount Vernon, Missouri, shall furnish
and file with the City Clerk, for approval by the Board of Aldermen,
satisfactory bond, proof of financial responsibility or certificate
of insurance before the issuance of permit to operate with minimum
liability coverage in the following amounts: one hundred thousand
dollars ($100,000.00) for one (1) person; three hundred thousand dollars
($300,000.00) for two (2) or more persons; fifty thousand dollars
($50,000.00) property damage for each accident; said certificate of
insurance to be retained by the City Clerk during the term of such
permit. In addition, the owner shall also furnish to the City Clerk
of Mount Vernon, Missouri, a certified copy of the driving record
for all persons driving the aforesaid vehicles, said driving record
to be in the form of a certified copy as issued by the Supervisor,
Driver's License Unit, Department of Revenue, Jefferson City, Missouri,
said certified copy to be retained by the City Clerk during the term
of such permit.
B. In the event the insurance certificate is superseded by another, more current certificate, the holder of any permit(s) for a vehicle for hire shall provide the new certificate of insurance within forty-eight (48) hours of issuance of the new certificate. Any permit holder shall surrender all permits issued to him/her, or it within twenty-four (24) hours of cancellation of insurance policies called for in this Section, and the failure to do so is a violation of this Section, punishable under Section
100.220.
[R.O. 2004 § 605.210; Ord. No. 7.12 § 7, 12-11-1967]
The annual license fee for each vehicle
shall be in the amount set out in the City's schedule of fees, which
is on file with the City Clerk; said sum to be paid to the City Collector
upon the approval of the permit by the Board of Aldermen.
[R.O. 2004 § 605.220; Ord. No. 7.13 § 1, 11-4-1969; Ord. No. 7.55 § 2, 1-8-2013]
All vehicles permitted under this
Article to operate as a vehicle for hire within the City limits of
the City of Mount Vernon shall have displayed inside of such vehicle,
in a manner clearly visible to an occupant of the rear seat, the charges
incurred by users or customers of the vehicle for hire.
[R.O. 2004 § 605.230; Ord. No. 1.197 §§ 1 — 3, 5-9-2000; Ord. No. 1.231 § 1, 6-28-2005]
A. A taxicab service is hereby established
for the use and benefit of the citizens of the City of Mount Vernon,
Missouri, with special emphasis to be placed on providing affordable
use to the elderly or handicapped citizens of the City of Mount Vernon,
Missouri; and that said taxicab service shall be available from 8:30
A.M. through 4:00 P.M. each day Monday through Friday of each week,
except for holidays recognized by the City of Mount Vernon, Missouri.
B. The fee shall be charged for use of this
taxicab service; and the rate for use for the citizens of the City
of Mount Vernon, Missouri, shall be established from time to time,
by resolution of the Board of Aldermen of the City of Mount Vernon,
Missouri, and shall be set forth on a schedule and maintained in the
office of the City Clerk of Mount Vernon, Missouri.
C. The position of taxicab operator for the
City of Mount Vernon, Missouri, is hereby established subject to obligations
and duties and along with benefits as may, from time to time, be established
by the Board of Aldermen of the City of Mount Vernon, Missouri, and
administered by the City Administrator of the City of Mount Vernon,
Missouri.