This Chapter is enacted to promote and protect the public health, safety and welfare of the citizens of the City of Lakeshire and shall be in effect as hereinafter defined and described within the corporate limits of the City of Lakeshire. The identification cards provided for in this Chapter are not intended to be in addition to any license required under Chapter 605, but rather in lieu thereof. In the event of any conflict between the provisions of Chapter 605 and the provisions of this Chapter, this Chapter shall prevail.
As used in this Chapter, the following words have the meaning indicated:
A.
PEDDLER — Is 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”.
B.
SOLICITOR — Is 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.
C.
CANVASSER — Is 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.
D.
ISSUING OFFICER — Is the City Clerk of the City of Lakeshire, Missouri.
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 of Lakeshire without first obtaining an Identification Card in accordance with this Chapter. A canvasser is not required to have an Identification Card but any canvasser wanting an Identification Card for the purpose of reassuring City of Lakeshire residents of the canvasser’s good faith shall be issued one upon request.
Any person or organization (formal or informal) may apply for one or more identification cards by completing an application form at the office of the issuing officer, during regular business hours.
The applicant (person or organization) shall provide the following information:
A.
Name of applicant.
B.
Number of identification cards required.
C.
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 of Lakeshire 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.
D.
The permanent and (if any) local address of the applicant.
E.
The permanent and (if any) local address of each person for whom a card is requested.
F.
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).
G.
Date and place of birth for each person for whom a card is requested and (if available) the social security number of such person.
H.
A list of all infraction, offense, misdemeanor and felony convictions of each person for whom a card is requested for the seven years immediately prior to the application.
I.
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.
J.
If a card is requested for a peddler:
1.
The name and permanent address of the business offering the event, activity, good or service (i.e., the peddler’s principal).
2.
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 of Lakeshire’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 which occur within the City of Lakeshire and which are available for City of Lakeshire inspection to determine that all City of Lakeshire sales taxes have been paid.
K.
If a card is requested for a solicitor:
L.
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.
The identification card(s) shall be issued promptly after application but in all cases within 16 business hours of completion of an application, unless it is determined within that time that:
A.
The applicant has been convicted of a felony or a misdemeanor involving moral turpitude within the past seven years,
B.
With respect to a particular card, the individual for whom a card is requested has been convicted of any felony or a misdemeanor involving moral turpitude within the past seven years, or
C.
Any statement upon the application is false, unless the applicant can demonstrate that the falsehood was the result of excusable neglect.
During the period of time following the application for one or more identification cards and its issuance, the City of Lakeshire shall investigate as to the truth and accuracy of the information contained in the application. If the City of Lakeshire has not completed this investigation within the 16 business hours provided in Section 610.070, the identification card will nonetheless be issued, subject, however, to administrative revocation upon completion of the investigation. [If a canvasser request an identification card, the investigation will proceed as described above, but the City of Lakeshire refuses to issue the identification card (or revokes it after issuance), the canvassers will be advised that the failure to procure an identification card does not prevent him/her from canvassing the residents of the City of Lakeshire]
No person holding an identification card, or an agent , member or representative of the same, shall advertise, represent or hold out in any manner, that such identification card is an endorsement of the holder by the City of Lakeshire or by any member of the City of Lakeshire administration or Board of Aldermen thereof, or by any organization which any of the same may represent.
A.
If the issuing officer denies (or upon completion of an investigation revokes) the identification card to one or more persons, he shall immediately convey the decision 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. Upon receipt of the oral notification, and even before the preparation of the written report, the applicant shall have at his option an appeal of the denial of his application before the following tribunal:
B.
Before the Mayor, provided that such a hearing will be scheduled within 10 days of the request, due notice of which is to be given to the public and the applicant.
If the applicant requests a hearing under Section 610.110, review from the decision (on the record of the hearing) shall be had to the Circuit Court of St. Louis County.
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.
An identification card shall be valid within the meaning of this Chapter for a period of six months from its date of issuance or the term requested, whichever is less.
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 Chapter 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 or a misdemeanor involving moral turpitude within the last seven years.
4.
Conducting the activity in such a manner as to constitute a breach of peace or a menace to the health, safety or general welfare of the public.
The issuing officer shall maintain a list of persons within the City of Lakeshire 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 the 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, reproduced on the City of Lakeshire’s web site 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. In addition, to restrict visits to their property, residents may also choose to post a sign of the type described in Section 610.180, Subsection A or B.
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:
A.
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.
B.
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.
D.
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 of Lakeshire receives a complaint of damage caused to private property during the distribution of handbills or flyers.
A.
No peddler, solicitor or canvasser shall:
1.
Enter upon any private property where the property has clearly posted in the 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 square foot in size and may contain words such as “no soliciting” or “no solicitors” in letters of at least two 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 posed the property on the City of Lakeshire’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 sunset (the time designated as sunset published for that date in the St. Louis Post Dispatch).
B.
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.
A.
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 of Lakeshire. The penalty for such violation shall be the same as for any other trespass.
B.
It is hereby declared to be the intention of the Board of Aldermen that if any sections, paragraphs, sentences, clauses, phrases and word(s) of this ordinance shall be declared unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, phrases and words of this ordinance since the same would have been enacted by the Board of Aldermen without the incorporation in this ordinance of any such unconstitutional or invalid portion of the ordinance.