[R.O. 2011 § 605.120; R.O. 2010 § 605.170; Ord. No. 1004 § 1, 11-24-2008]
It is the policy of the City of Owensville, Missouri, to regulate
the activities of solicitors, canvassers and peddlers in order to
promote and protect the public health, safety and welfare. It is not
the intent of this Article to interfere with or infringe upon the
constitutionally protected right to freedom of speech or assembly,
except to the minimum extent necessary to ensure the safety and right
to privacy of the citizens of Owensville, Missouri.
[R.O. 2011 § 605.130; R.O. 2010 § 605.180; Ord. No. 1004 § 1, 11-24-2008]
As used in this Article, the following terms shall have these
prescribed meanings:
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.
From a residence to another or from a business location to
another or from a residence to a business location or from a business
location to a residence or any other combination involving residences
and/or business locations.
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.
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.
One engaged in business of a temporary or transient nature
who sells or offers to sell from one locality which is not a permanent
structure or building affixed to land, goods, wares, merchandise or
other commodities.
One engaged in business anywhere within the City of Owensville
who does not intend to become and does not become a permanent merchant
at such place. For the purposes of this Article, the terms "temporary"
or "transient" shall mean less than one hundred twenty (120) consecutive
days or less than one hundred eighty (180) days within a calendar
year. Any person or entity which does business with the City of Owensville
in excess of the foregoing time restrictions shall not be eligible
for a solicitor's, canvasser's, peddler's license or street peddlers
and shall be required to comply in all respects with City ordinances
regarding the operation of businesses within the City of Owensville.
[R.O. 2011 § 605.140]
No person shall act as a peddler, street 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.
[R.O. 2011 § 605.150; R.O. 2010 § 605.190; Ord. No. 1004 § 1, 11-24-2008]
A.
It shall be unlawful for any person, whether engaged in business
or not, in the public rights-of-way to solicit, offer for sale or
transact the sale of goods or services, or to seek donations or contributions,
or distribute materials to persons situated within vehicles which
are located within the right-of-way of any public road, street or
highway. Nothing in this Section shall be deemed to prohibit otherwise
lawful non-commercial activities on sidewalks or other designated
areas where such activities clearly do not hinder or stop vehicular
traffic or adversely affect public safety. The prohibition with regard
to public rights-of-way shall not apply to community sponsored activities,
provided that prior to such activity the sponsoring community organization
has first obtained permission therefor from the City. Any permission
granted by the City shall limit the activity both with respect to
duration and as geographically.
B.
Nothing in this Article shall be used to limit the ability of volunteers
to solicit donations on behalf of any legitimate charitable or not-for-profit
organization.
[R.O. 2011 § 605.160; R.O. 2010 § 605.200; Ord. No. 1004 § 1, 11-24-2008; Ord. No. 1400, 9-19-2022]
Except as authorized under Section 605.115 of this Chapter, it shall be unlawful for the owner, operator, lessee or attendant of any parking lot to permit motor vehicle repair work, service, vending or selling of goods within said lot. Nothing in this Section shall prevent a business owner from temporarily displaying merchandise or advertising a sale in their own on-site parking lot so long as such activity is directly related to the sales and service already provided by such business.
[R.O. 2011 § 605.170; R.O. 2010 § 605.210; Ord. No. 1004 § 1, 11-24-2008]
A.
Any person desiring to secure a solicitor's, canvasser's, peddler's and street peddler's permit as required by Section 605.140 shall apply therefor in writing with the City Clerk with a sworn application in duplicate, on a form to be furnished by the City Clerk, which shall give the following information:
1.
The name and address of the applicant.
2.
If employed, the name and address of the employer, together
with credentials establishing the exact relationship.
3.
The length of time for which the right to do business is desired.
4.
The nature and character of the goods, wares, merchandise or
services to be offered by the applicant.
5.
A physical description of the applicant.
6.
A statement as to whether or not the applicant has ever been
convicted of any crime, misdemeanor, felony or violation of any municipal
ordinance, the nature of the offense and the punishment or penalty
assessed therefor.
7.
Names of character references.
8.
Sales tax identification number.
[R.O. 2011 § 605.180; R.O. 2010 § 605.220; Ord. No. 1004 § 1, 11-24-2008]
A.
Upon receipt of an application for a solicitor's, canvasser's or
peddler's permit, the original shall be referred to the City Administrator
who shall cause an investigation of the applicant's business and moral
character. Such an investigation is deemed by the City to be necessary
in order to protect the public interest due to the fact that such
activities involve unsolicited contact with persons which is usually
at a person's residence. No investigation shall be required for a
street peddler's permit as such activity does not involve contact
at an individual's residence. There shall be a waiting period of three
(3) business days in order to afford necessary time to complete the
investigation and to process the application with respect to those
businesses for which an investigation is required by this Article.
No permit may be issued within such three-business-day period.
1.
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the City Administrator shall endorse on such application his/her disapproval and his/her reason for the disapproval and return the application to the City Clerk who shall notify the applicant the his/her application has been disapproved and that no permit shall be issued. The applicant may then appeal the refusal to issue a permit to the Board of Aldermen in accordance with Section 605.220.
2.
If, as a result of such investigation, the character and business
responsibility of the applicant is found to be satisfactory, the City
Administrator shall endorse on the application his/her approval. Upon
receipt of the approved application, the City Clerk, upon payment
of the prescribed permit fee, shall deliver the permit to the applicant.
The Clerk shall keep a permanent record of all licenses issued.
[R.O. 2011 § 605.190; R.O. 2010 § 605.230; Ord. No. 1004 § 1, 11-24-2008]
A solicitor's, canvasser's, peddler's or street peddler's permit
shall be carried at all times by the applicant to whom issued when
soliciting or canvassing in the City and shall be exhibited by such
applicant whenever he/she shall be requested to do so by any Police
Officer or any person solicited.
[R.O. 2011 § 605.200; R.O. 2010 § 605.240; Ord. No. 1004 § 1, 11-24-2008]
A solicitor's, canvasser's, peddler's or street peddler's permit may be revoked by the City Administration for violation by the holder thereof of any of the provisions of this Code or other ordinances of the City or any State or Federal law, or whenever the holder of such permit shall, in the judgment of the City Administration, cease to possess the character and qualifications required by this Article for the issuance of such permit. The licensee may appeal the revocation to the Board of Aldermen in accordance with Section 605.220.
[R.O. 2011 § 605.210; R.O. 2010 § 605.250; Ord. No. 1004 § 1, 11-24-2008]
Any notice required under this Article shall be mailed postpaid
to the licensee at his/her permanent address as shown on his/her application,
at lease five (5) days prior to the date of the hearing. The notice
shall set forth the time and place of the hearing.
[R.O. 2011 § 605.220; R.O. 2010 § 605.260; Ord. No. 1004 § 1, 11-24-2008]
Any person aggrieved by the action of the City Administrator or the City Clerk in denying an application for a permit as provided in this Article shall have the right of appeal to the Board of Aldermen. Such appeal shall be taken by filing with the City Clerk, within fourteen (14) days after the denial of the permit or revocation of the permit, a notice of appeal, in writing, setting forth fully the grounds for the appeal. The Board shall set a time and place for the hearing on the appeal and notice shall be provided the applicant or licensee as provided by Section 605.210.
[R.O. 2011 § 605.230; R.O. 2010 § 605.270; Ord. No. 1004 § 1, 11-24-2008]
The permit fee shall be twenty-five dollars ($25.00) per day,
per location, payable prior to the start of business, paid at Owensville
City Hall.
[R.O. 2011 § 605.240]
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 having a "no solicitor" sign of the type described in Section 605.250(A)(1) and (2).
4.
Any person observed distributing handbills or flyers shall be
required to identify himself/herself to the Police (either by producing
a permit 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. 2011 § 605.250]
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.
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.
4.
Remove any yard sign, door or entrance sign that gives notice
to such person that the resident or occupant does not invite visitors.
5.
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.
[R.O. 2011 § 605.260]
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.
