As used in this Chapter, 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:
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."
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 a permit in accordance with
this Chapter. A canvasser is not required to have a permit but any
canvasser wanting a permit 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 permits 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 permits 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 eight (8) business hours provided in Section
610.070, the permit will nonetheless be issued subject, however, to administrative revocation upon completion of the investigation. If a canvasser requests a permit, the investigation will proceed as described above, but if the City refuses to issue the permit (or revokes it after issuance), the canvasser will be advised that the failure to procure a permit does not prevent him/her from canvassing the residents of the City.
If the issuing officer denies, or upon completion
of an investigation revokes, the permit to one (1) or more persons,
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 Board of Aldermen at its next regular meeting.
If the applicant requests a hearing under Section
610.090, the hearing shall be held in accordance with the Administrative Procedure Act of the State of Missouri, Chapter 536, RSMo., 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, Chapter 610, RSMo.
Each permit 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.
A permit 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.
[Ord. No. 17-08-03 § 1, 8-10-2017]
A. The City Clerk shall prepare and maintain a list of
all residents within the City and their addresses who have notified
the Clerk that soliciting, peddling, and door-to-door sales enterprising
are not permitted on the premises (hereinafter referred to as the
"Do Not Knock Registry"). Notification shall be by completion of a
form available at the City Clerk's office during normal business hours.
The list shall be updated on January 15 and July 15 of each year.
Residents shall remain on the Do Not Knock Registry until such time
as they advise the City Clerk in writing that they wish to be removed
from the list.
B. All persons, firms, or entities wishing to solicit, peddle, or otherwise door-to-door sell must obtain a copy of the current Do Not Knock Registry at the time of issuance of each permit and/or license required by the City of Salisbury, Missouri, pursuant to the provisions of this Chapter and/or Chapter
605. No person shall peddle, solicit, or conduct door-to-door sales at any premises identified on the then current Do Not Knock Registry.
C. In addition to the provisions of Section
100.220 of this Code, any solicitor, peddler, or owner or employee of a door-to-door sales enterprise who violates any provision of this Section shall be:
1.
Subject to a one-year revocation of any permit and/or license issued pursuant to Chapters
605 and/or
610; and
2.
Ineligible to receive a new permit and/or license pursuant to Chapters
605 and/or
610 for a period of one (1) year, coinciding with the terms of one-year revocation noted in Subsection
(C)(1) herein.
D. This Section shall not apply to non-profit groups,
organizations, or associations, nor to any local, State, or Federal
employee, nor to any public utility employee in the performance of
his/her duty for his/her employer.
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.