[Ord. No. 902, §§ 1,
2, 12-1-2009[1]]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any person who goes upon any premises or to one or more private
residences without appointment by personal contact with the resident
or occupant for the purpose of communicating issues of general interest,
including but not limited to political, charitable or religious matters,
or one who makes surveys for research purposes, analysis, opinion
polls, rating data and any such similar work, and which may include
delivery of handbills, pamphlets or other written material.
Any person who goes upon any premises or to one or more private
residences, without appointment, by personal contact with the resident
or occupant for the purpose of soliciting orders for sale for profit
of goods, books, magazines or any other article or thing whatsoever
or for any service or for the purpose of selling or for making or
requesting appointments or interviews or arranging for demonstrations
or explanations before the actual solicitation for orders of the same.
Any person who goes upon any premises or to one or more private
residences without appointment by personal contact with the resident
or occupant for the purpose of requesting directly, or indirectly,
money, credit, property, financial assistance, or other thing of value
on the plea or representation that such money, credit, property, financial
assistance, or other thing of value will be used for a noncommercial
purpose, such as patriotic, philanthropic, social service, welfare,
benevolent, educational, civic, fraternal, political, charitable or
religious purpose.
A federal, state or local government employee or a public utility
employee in the performance of his or her duty, for his or her employer,
is exempt from the provisions of this article.
Local members of Boy Scouts, Girl Scouts, 4-H clubs, fair or
rodeo queen and princess candidates, [and] high school students soliciting
for yearbook advertising shall be exempt from the requirement of obtaining
an identification card. However, a scoutmaster and/or other adult
responsible for the youth activity shall be required to provide to
City hall the names and addresses of each child/student participating
in the activity.
[Ord. No. 902, §§ 1,
2, 12-1-2009]
No person, except as provided herein, shall peddle, solicit
or canvass at any residence, home, apartment house, multiple dwelling
unit or other residential facility in the City of Butler without obtaining
a permit from the City Clerk or her authorized representative. Applications
may be applied for at the Butler City Hall during regular office hours.
[Ord. No. 902, §§ 1,
2, 12-1-2009]
(a)
The applicant (person or organization) shall provide the following
information:
(1)
Full name and address of applicant.
(2)
Number of identification cards required.
(3)
A brief description of the proposed activity for which the permit
is being sought and the time period for which this activity is expected
to occur. A copy of the literature to be distributed may be substituted
for this description at the option of the applicant.
(4)
The motor vehicle make, model, year, color and state license
plate number of any vehicle that will be used by each person for whom
a card is requested.
(b)
If the permit is for a peddler:
(1)
The name and permanent address of the business offering the
event, activity, goods or service.
(2)
A copy of the principal's sales tax license as issued by the
principal's home state, except no copy of a license shall be required
of any business that appears on the City's annual report of sales
tax payees as provided by the Missouri Department of Revenue.
(3)
The location where books and records are kept of sales that
occur within the City and that such record of sales be made available
for the City's inspection to determine that all City sales taxes have
been paid.
(d)
Any other information the applicant wishes to provide, including
copies of literature to be distributed, references to other municipalities
where similar activities have occurred and the like.
(e)
The permit for a peddler shall be valid for three months from the
date of issuance or the term requested, whichever is less.
(f)
The permit for a solicitor or canvasser shall be valid from the date
of issuance for the term requested.
[Ord. No. 902, §§ 1,
2, 12-1-2009]
[Ord. No. 902, §§ 1,
2, 12-1-2009]
(a)
Each person who peddles, solicits or canvasses is required to obtain
an identification card.
(b)
Each person for whom an identification card is required must provide
the following:
(1)
Full name and address.
(2)
Date and place of birth.
(3)
Social security number.
(4)
Physical description and photograph.
(5)
In lieu of the information in Subsection (b)(1) through (4),
a drivers license, state identification card, passport or other government-issued
identification card containing this information may be provided and
a photocopy taken.
(6)
Sufficient other information to permit the Butler Police Department
to perform a computer criminal background check.
(7)
If a photograph is not provided, the City will take an instant
photograph at the application site, and the actual cost of the photograph
will be paid by the applicant.
(c)
Identification cards of another City having an ordinance substantially
the same as this one, at the discretion of the City Clerk or her authorized
representative, may be used. However, the individual must still submit
to a computer criminal background check by the Butler City Police.
(d)
Failure of an individual to obtain an identification card will prevent
that individual from legally peddling, soliciting or canvassing.
(e)
Each individual for whom an identification card is issued shall wear
the card on the outer clothing, so as to be reasonably visible to
any person who might approach the peddler, solicitor or canvasser.
(f)
The identification card shall be valid for six months from the date
of issuance or the term requested, whichever is less.
[Ord. No. 902, §§ 1,
2, 12-1-2009]
(a)
The permit and identification card(s) shall be issued promptly after
application and computer criminal background check, but in all cases
within eight business hours of completion of an application and computer
criminal background check, unless it is determined within that time
that:
(1)
The applicant for a permit has been convicted of a felony or
misdemeanor involving offenses against persons, property or involving
moral turpitude within the past seven years.
(2)
With respect to an identification card, the individual for whom
a card is requested has been convicted of any felony or misdemeanor
involving offenses against persons, property or involving moral turpitude
within the past seven years.
(3)
Any statement upon the application for a permit or identification
card is false.
(4)
Any violation of the provisions of the peddler, solicitor or
canvasser of the City of Butler, Missouri or any other jurisdiction
that has an ordinance or law which is substantially the same as this
article.
[Ord. No. 902, §§ 1,
2, 12-1-2009]
(a)
If the City Clerk or her authorized representative denies the application
or the issuance of an identification card upon completion of the application
and computer criminal background check, that decision shall be immediately
conveyed to the applicant orally and shall, within 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.
(b)
Upon receipt of the oral notification, and even before the preparation
of the written report, the applicant may present a simple written
notice, requesting an appeal of the denial of the application or issuance
of the identification card. Such hearing shall be scheduled within
10 days of the request for appeal, or as soon thereafter as can be
set before the judge, and will be heard before the Butler Municipal
Court.
(c)
Any review of this hearing shall be conducted on the record of the
hearing in the Bates County Circuit Court.
[Ord. No. 902, §§ 1,
2, 12-1-2009]
(a)
In addition to the administrative revocation of a permit or an identification
card, either 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 identification card is issued.
(2)
Fraud, misrepresentation or incorrect statement made in the
course of carrying on the activity.
(3)
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.
(4)
Conducting the activity while under the influence of alcohol
or drugs. Any individual who applies for an identification card, agrees
to submit to a portable breath test or urine test to determine if
such individual is, in fact, under the influence of alcohol or drugs.
Upon a positive test result or upon a refusal to submit to such test
upon request, the identification card shall be immediately confiscated.
(b)
The revocation procedure shall be initiated by the filing of a complaint
with the City Clerk or her authorized representative.
(c)
The complaint shall be set for hearing before the Butler Municipal
Court within 48 hours, or as soon thereafter as can be set by the
judge, after the receipt of the complaint.
(d)
The hearing shall be conducted on the record.
[Ord. No. 902, §§ 1,
2, 12-1-2009]
(a)
No peddler, solicitor or canvasser shall:
(1)
Enter upon any private property where the property has clearly
posted on the front fence, sidewalk entrance or a sign in the front
yard visible from the right-of-way (either public or private) indicating
a prohibition against peddling, soliciting and/or canvassing. Such
sign need not exceed one square foot and may contain words such as
"no soliciting" or "no solicitors" in letters at least two inches
tall. The phrase "no soliciting" or "no solicitors" shall also prohibit
peddlers and canvassers.
(2)
Remain upon any private property where a notice by a sign or
sticker is placed upon any door or entranceway leading into the residence
or dwelling in which guests would normally enter, and may contain
such words a "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, fence sign, door or entrance sign that
gives notice to such person that the resident or occupant does not
invite peddlers, solicitors, canvassers or other visitors.
(5)
Enter upon the property of another except from Monday through
Saturday between the hours of 9:00 a.m. and 7:00 p.m.
(6)
Enter upon the property of another on any federal or state holiday.
(b)
The above prohibitions shall not apply when the peddler, solicitor
or canvasser has an expressed invitation from the resident or occupant
of a dwelling allowing him or her to enter upon any posted property.
(c)
Persons desiring to prohibit peddlers, solicitors and canvassers
from entering upon their property or disturbing the enjoyment of their
home, must obtain a sign, sticker or both, to display on their property,
which advises the peddler, solicitor and canvasser to refrain from
any activity at this location.
[Ord. No. 902, §§ 1,
2, 12-1-2009]
(a)
In addition to any other regulations contained herein, a solicitor
or canvasser leaving handbills, commercial flyers or other written
materials about the community shall observe the following regulations:
(1)
No handbill, flyer or other material 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 such
material found within the right-of-way.
(2)
No handbill, flyer or other material shall be left at or attached
to any privately owned property in a manner that causes damage to
the privately owned property.
(3)
No handbill, flyer or other material shall be left at or attached to any of the property having a "no solicitor" sign as set forth in Section 13-108.
(4)
Any person observed distributing handbills, flyers or other
material shall be required to identify himself or herself by producing
a valid identification card. This is for the purpose of knowing the
likely identity of the perpetrator if the City receives a complain
of damage caused to private property during the distribution of such
material.
[Ord. No. 902, §§ 1,
2, 12-1-2009]
