[CC 1990 § 17-26; Ord. No. 91 § 1, 6-1-1988; Ord. No. 3185, 3-21-2022]
For purposes of this Article, the following terms shall have
the meanings herein ascribed:
RESIDENCE
Every separate living unit occupied for residential purposes
by one (1) or more persons and contained within any type of building
or structure.
SOLICITOR
A solicitor, as used herein, is any individual, for the purpose
of communicating or presenting a message, regardless of the topic
discussed or the idea or message expressed:
1.
Traveling by foot, wagon, automobile, motor truck, or any type
of conveyance from place to place, uninvited or without invitation;
or
2.
Positioned on or near street corners, public ways or places
of public assembly or congregation; or
3.
Located in or near the roadway or right-of-way of a roadway.
COMMERCIAL SOLICITOR
A commercial solicitor, as used herein, is a person who attempts
to make personal contact with a resident at his/ her residence or
business with or without prior specific invitation or appointment
for the primary purpose of selling or attempting to sell or delivering
a previously sold good or service for profit. This contact would result
in an agreement or order for which payment would occur at the time
of the visit or arrangements for payment at a later date. The good
or service could be delivered at a later date. A "commercial solicitor"
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 business, such a person is a solicitor.
[CC 1990 § 17-27; Ord. No. 91 § 2, 6-1-1988; Ord. No. 697 § 1, 8-17-1992; Ord. No. 3185, 3-21-2022]
It shall be unlawful for any commercial solicitor to go in or
upon any private residence in the City for the purpose of soliciting
from the occupants without having first applied for and received a
certificate of registration as hereinafter provided.
[CC 1990 § 17-28; Ord. No. 91 § 3, 6-1-1988; Ord. No. 697 §§ 2 — 3, 8-17-1992; Ord. No. 3185, 3-21-2022]
A. The applicant shall truthfully state in full the information requested
on the application, which shall include at least the following:
1.
Name and address of present place of residence and length of
residence at such address; also business address if other than residence
address and Social Security number.
2.
Physical description of applicant.
3.
Name and address of person, firm, corporation or association
whom the applicant is employed by or represents and length of time
of such employment or representation.
4.
Description sufficient for identification of the subject matter
of the soliciting which the applicant will engage in.
5.
Period of time for which the certificate is applied for.
6.
Date, or approximate date, of latest previous application for
a certificate of registration under this Article, if any.
7.
Whether a certificate of registration issued to the applicant
under this Article has ever been revoked.
8.
Whether the applicant has ever been convicted of a violation
or any of the provisions of this Article or any ordinance of any other
municipality regulating soliciting.
9.
Whether the applicant has ever been convicted of the commission
of a felony under the laws of the State of Missouri or any other State
or the Federal law of the United States.
10. Such additional information as the Chief of Police may deem necessary
to process the application.
11.
An indemnity agreement provided by the City of Chesterfield
in which the applicant agrees to hold harmless the City of Chesterfield
from any and all liability arising out of the solicitation in the
City of Chesterfield.
All statements made by the applicant upon the application or
in connection therewith shall be under oath.
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B. Each applicant shall pay an application fee as provided by the City
Council.
C. The City Administrator shall cause to be kept an accurate record
of every application received and acted upon together with all other
information and data pertaining thereto and all certificates of registration
issued under the provisions of this Article and of the denial of applications.
D. Every permit shall be granted unless the solicitor has been convicted
of the commission of a felony under the laws of the State of Missouri
or any other State or the Federal law of the United States within
five (5) years of the date of the application; has been convicted
of a violation or any of the provisions of this Article; or whose
certificate of registration issued hereunder had previously been revoked,
as herein provided.
E. If applicable, an applicant should:
1.
Demonstrate that he/she or his/her employer has a valid retail
sales license issued by the State Director of Revenue as required
by Section 144.083, RSMo.
2.
He/she demonstrates that the organization for which he/she wishes
to solicit has as its primary purpose the influence of public policy.
[CC 1990 § 17-29; Ord. No. 91 § 4, 6-1-1988]
The City Administrator, after consideration of the application
and all information obtained relative thereto, shall deny the application
if the applicant does not possess the qualifications for such certificate
as herein required. Endorsement shall be made by the Chief of Police
upon the application of the denial of an application.
[CC 1990 § 17-30; Ord. No. 91 § 5, 6-1-1988; Ord. No. 697 § 4, 8-17-1992; Ord. No. 3185, 3-21-2022]
A certificate of registration shall be issued for a specific
period of time not to exceed twenty-eight (28) calendar days. No more
than two (2) certificates of registration will be issued in a given
calendar year.
[CC 1990 § 17-31; Ord. No. 91 § 6, 6-1-1988; Ord. No. 3185, 3-21-2022]
A certificate of registration issued pursuant to this Article
shall be carried at all times by the commercial solicitor to whom
issued when soliciting or canvassing in the City and shall be exhibited
by such commercial solicitor whenever he/she shall be requested to
do so by any officer of the City or by any person being solicited.
[CC 1990 § 17-32; Ord. No. 91 § 7, 6-1-1988; Ord. No. 3185, 3-21-2022]
A. Any individual, business, or organization may place a sign which
substantially states "NO TRESPASSING OR SOLICITING ALLOWED" on or
directly adjacent to any entrance to the individual, business, or
organization's residence, place of work, or other non-public or semi-public
place.
B. It shall be the duty of every commercial solicitor and solicitor
upon going onto a premises in the City to first examine any notice
which substantially states "NO TRESPASSING OR SOLICITING ALLOWED"
which may have been placed on such premises.
C. A violation of this Section may be prosecuted as a trespass in the first degree or second degree under Section
210.1060 or Section
210.1070, respectively.
[CC 1990 § 17-35; Ord. No. 91 § 10, 6-1-1988; Ord. No. 1150 § 1, 3-18-1996; Ord. No. 3185, 3-21-2022]
A. Definitions. For purposes of this Section only, the following terms
shall be defined, as follows:
ROADWAY
The portion of a street or highway improved, designed, or
ordinarily used for vehicular travel and extending from one (1) curb
or edge of pavement to the opposite curb or edge of pavement, including
lanes commonly used for parking and including center medians and lane
dividers.
SIDEWALK
That portion of a public right-of-way between the curb lines,
or the lateral lines of a roadway and the adjacent property lines,
intended for use by pedestrians.
B. No
person shall stand in or enter upon a roadway for the purpose of soliciting,
except from the occupants of parked motor vehicles located in the
roadway adjacent to a sidewalk if the solicitor is on a sidewalk.
[CC 1990 § 17-35.1; Ord. No. 292 § 1, 5-15-1989; Ord. No. 515 § 1, 11-5-1990]
A. In accordance with the authority granted to the City and in compliance
with the contractual agreements entered into between the City of Chesterfield
and the Missouri Highway and Transportation Department, the City hereby
prohibits vending or sale of merchandise within the right-of-way limits
as currently exist or as hereinafter obtained on the following;
1.
State Highway 40, as it traverses through the City, between
the intersection of Route 340 and Route 141.
2.
State Highway 340, as it traverses through the City.
[CC 1990 § 17-37; Ord. No. 697 § 6, 8-17-1992]
It is hereby declared to be unlawful and shall constitute a
nuisance and an invitation of privacy for any person to go upon any
premises and ring the doorbell upon or near any door other than the
front door of a residence located thereon or rap or knock upon any
door other than the front door or create any sound in any manner from
a place other than the front door calculated for the purpose of securing
an audience with the occupant thereof and to engage in soliciting
as herein defined. For the purpose of this Section, a "front door"
is defined as the main entrance to a residence.
[CC 1990 § 17-38; Ord. No. 1436 § 1, 8-17-1998]
No new names may be submitted to the City Clerk for processing
with the applications any later than the seventh day after the permit
is issued.