City of Shrewsbury, MO
St. Louis County
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Table of Contents
Table of Contents
Editor's Note—Ord. no. 2434 §1, adopted May 28, 2005, repealed ch. 615 "solicitors, canvassers, peddlers, etc." and enacted new provisions set out herein. Former ch. 615 derived from CC 1976 §§620.010—620.120; ord. no. 1030 §§3—10, 12—13, 8-11-70; ord. no. 1055 §1, 6-8-71; ord. no. 1065 §1, 9-14-71; ord. no. 1089 §2, 4-11-72; ord. no. 1895 §§1—5, 8-10-93.

Section 615.010 Definitions.

[Ord. No. 2434 §1, 5-28-2005]
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.
ISSUING OFFICER
The City Clerk of the City of Shrewsbury, Missouri.
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. There are two (2) categories of "peddlers", as follows:
1. 
A member of an organization exempt from Federal tax pursuant to Section 501(c)(3) of the Internal Revenue Code; and
2. 
Either an individual or a member of an organization that is not exempt from Federal tax pursuant to Section 501(c)(3) of the Internal Revenue Code.
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.

Section 615.020 Exception.

[Ord. No. 2434 §1, 5-28-2005]
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.

Section 615.030 Identification Card Required For Peddlers (Except For Those Exempt Under Irs Code Section 501(C)(3) and Solicitors), Available For Canvassers.

[Ord. No. 2434 §1, 5-28-2005]
No person shall act as a peddler (except for those exempt under IRS Code Section 501(c)(3)) or as a solicitor within the City of Shrewsbury without first obtaining an identification card in accordance with this Chapter. A canvasser is not required to have an identification card but any canvasser desiring an identification card for the purpose of reassuring City residents of the canvasser's good faith shall be issued one upon request.

Section 615.040 Fee.

[Ord. No. 2434 §1, 5-28-2005]
A. 
The fee for the issuance of each identification card shall be:
1. 
For a peddler acting on behalf of a merchant otherwise licensed to do business within the City, no fee.
2. 
For a peddler in category 1, as defined in Section 615.010, no fee.
3. 
For a peddler in category 2, as defined in Section 615.010, acting on behalf of a merchant not otherwise licensed to do business within the City, a fee of five dollars ($5.00) per day.
4. 
For a solicitor (including a commercial solicitor advertising an event, activity, good or service for purchase at a location away from the residence), no fee.
5. 
For a canvasser requesting an identification card, no fee.

Section 615.050 Application For Identification Card.

[Ord. No. 2434 §1, 5-28-2005]
Any person or organization (formal or informal) may apply for one (1) or more identification cards by completing an application form at the office of the Issuing Officer during regular office hours.

Section 615.060 Contents of Application.

[Ord. No. 2434 §1, 5-28-2005]
A. 
The applicant (person or organization) shall provide the following information:
1. 
Name of applicant.
2. 
Number of identification cards required.
3. 
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 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.
4. 
The permanent and (if any) local address of the applicant.
5. 
The permanent and (if any) local address of each person for whom a card is requested.
6. 
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.)
7. 
Date and place of birth for each person for whom a card is requested and (if available) the social security number of such person.
8. 
A list of all infractions, offenses, misdemeanors and felony convictions of each person for whom a card is requested for the seven (7) years immediately prior to the application.
9. 
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.
10. 
If a card is requested for a peddler:
a. 
The name and permanent address of the business offering the event, activity, good or service (i.e., the peddler's principal).
b. 
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's annual report of sales tax payees as provided by the Missouri Department of Revenue.
c. 
The location where books and records are kept of sales which occur within the City of Shrewsbury and which are available for City's inspection to determine that all City sales taxes have been paid.
d. 
Execution of an affidavit and waiver form allowing the City to make a full and complete check into the background of each person for whom a card is requested.
11. 
If a card is requested for a solicitor:
a. 
The name and permanent address of the organization, person or group for whom donations (or proceeds) are accepted.
b. 
The web address for this organization, person or group (or other address) where residents having subsequent questions can go for more information.
c. 
Execution of a waiver form allowing the City to make a full and complete check into the background of each person for whom a card is requested.
d. 
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.

Section 615.070 Issuance of Identification Card.

[Ord. No. 2434 §1, 5-28-2005]
A. 
The identification card(s) shall be issued promptly after application but in all cases within sixteen (16) business hours of completion of an application, unless it is determined within that time that:
1. 
The applicant has been convicted of a felony or a misdemeanor involving moral turpitude within the past seven (7) years;
2. 
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 (7) years; or
3. 
Any statement upon the application is false, unless the applicant can demonstrate that the falsehood was the result of excusable neglect.

Section 615.080 Denial — Administrative Revocation.

[Ord. No. 2434 §1, 5-28-2005]
If the Issuing Officer denies (or upon completion of an investigation revokes) the identification card to one (1) or more persons, he 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 option an appeal of the denial of his application before the Board of Adjustment as established by Section 430.030 of the Municipal Code of the City of Shrewsbury, provided that such a hearing will be scheduled within ten (10) days of the request, due notice of which is to be given to the public and the applicant.

Section 615.090 Hearing On Appeal.

[Ord. No. 2434 §1, 5-28-2005]
If the applicant requests a hearing under Section 615.080, the hearing shall be held in accordance with the Administrative Procedure Act of the State of Missouri and review from the decision (on the record of the hearing) shall be had to the St. Louis County Circuit Court. The hearing shall also be subject to the Missouri Open Meetings and Records law.

Section 615.100 Display of Identification Card.

[Ord. No. 2434 §1, 5-28-2005]
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.

Section 615.110 Validity of Identification Card.

[Ord. No. 2434 §1, 5-28-2005]
An identification card 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.

Section 615.120 Revocation of Card.

[Ord. No. 2434 §1, 5-28-2005]
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 (7) years.
4. 
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. The revocation procedure shall be initiated by the filing of a complaint by the City Attorney or the Issuing Officer pursuant to the State Administrative Procedure Act and a hearing before the tribunal identified in Section 615.090 above.

Section 615.130 Distribution of Handbills and Commercial Flyers.

[Ord. No. 2434 §1, 5-28-2005]
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 615.140(1) or 615.140(2).
4. 
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 receives a complaint of damage caused to private property during the distribution of handbills or flyers.

Section 615.140 General Prohibitions.

[Ord. No. 2434 §1, 5-28-2005; Ord. No. 2543 §1, 8-14-2008]
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. 
Engage in the business or activity permitted hereunder other than during the hours of 10:00 A.M. until 9:00 P.M.

Section 615.150 Solicitation Conducted Along Roadways.

[Ord. No. 2434 §1, 5-28-2005]
A. 
For the purposes of this Section, a "roadway" shall be defined as that portion of a highway or vehicular thoroughfare typically delineated by curbing, painted boundary lines or the edge of pavement. The City may issue a permit for any solicitation activities conducted along street rights-of-way subject to the following conditions:
1. 
A permit will be granted upon proof of being a current, non-profit, 501(c)(3) recognized organization or organized sports team and shall be submitted at least one (1) week prior to the date the solicitation activity is to commence. The permit application shall include the name of the organization and a contact name, address and telephone number(s) and the proposed location(s), date(s) and time(s) of the solicitation event. Only one (1) permit will be issued for a particular location, date and time.
2. 
Only individuals ages eighteen (18) or older shall be allowed to apply for a permit and solicit along allowable street rights-of-way.
3. 
Governmental entities are exempt from roadway solicitation permit requirements set forth in this Section; however, any governmental entity who wishes to solicit on the roadways of the City of Shrewsbury is required to notify the City of the date, time and location of any proposed solicitation and approval for such solicitation will be subject to the approval of the Chief of Police.
4. 
An organization may apply for two (2) permits within a calendar year. Each permit shall be valid for no more than two (2) consecutive days.
5. 
No such permit will be granted if the area in which the activity is to take place is designated as a temporary work zone for construction, road maintenance, utility work, etc.
6. 
The City must be provided with a written agreement from the soliciting organization wherein it will hold harmless the City of Shrewsbury from any and all liability arising out of the solicitation by its members in the City of Shrewsbury and shall carry liability insurance equal to that required by the City for special events as determined by the Director of Finance.
7. 
The location of such solicitation shall be limited strictly to those intersections which are regulated by three-way or four-way stop signs or, alternatively, a traffic signal. All locations of solicitations must be approved and monitored by the Chief of Police or his designee based on proper traffic and safety conditions and the Chief of Police or his designee shall have the authority to terminate any solicitation permit if necessary to preserve proper traffic and safety conditions.
8. 
The solicitor may stand or walk on a roadway or median as necessary to travel to or from a motor vehicle whose driver has signaled the solicitor to approach and the solicitor may remain in the roadway during the time that is necessary for the solicitor to engage in the transaction with an occupant of the motor vehicle. The solicitor may not approach a vehicle that has not signaled the solicitor to approach. Any harassment of individuals who have not signaled the solicitor to approach their vehicle or harassment of individuals in general, may result in the immediate revocation of the permit.
9. 
The solicitor may not attempt to stop, "wave down" or shout to any vehicle.
10. 
All solicitors are required to wear an orange or brightly colored safety vest to increase their visibility and safety.
11. 
A maximum number of four (4) solicitors from any organization are allowed to conduct solicitation at any one (1) location (as defined in Subsection (7) of this Section) on any roadway at one (1) time.
12. 
The solicitor, while acting pursuant to the permit, shall be subject to the additional requirements listed as follows:
a. 
The solicitor may not sell or offer to sell any goods with the exception of First Amendment protected goods such as newspapers and magazines.
b. 
No such solicitation activity may be conducted at the intersection of Murdoch/Wilshusen/Laclede Station Road.
c. 
Such activity may be conducted from sunrise to sunset, except between April first (1st) and October first (1st) in which the activity may be conducted only from 12:00 P.M. (Noon) through 6:00 P.M.
d. 
Solicitors shall not violate any litter or traffic safety laws.
e. 
All activities must be conducted in such a manner so as to not create a safety or traffic hazard.
f. 
Any sign displayed shall be attached to the person conducting the solicitation activity.
g. 
The solicitor shall not deliver to or receive any tangible item from any occupant of any vehicle in a lane that is not contiguous with the median strip or curb.
13. 
The City reserves the right to immediately revoke a roadway solicitation permit for violation of any provisions of this Section. If such permit is revoked, the City reserves the right to refuse issuance of future permits to the applicant or their organization.

Section 615.160 Violation To Be Prosecuted.

[Ord. No. 2434 §1, 5-28-2005]
Any person violating any part of this Chapter shall be prosecuted as set out in this Chapter. The penalty for such violation shall be the general penalty as provided under Section 100.090 of the City Code.

Section 615.170 Severability.

[Ord. No. 2434 §1, 5-28-2005]
It is hereby declared to be the intention of the Board of Aldermen that the Sections, paragraphs, sentences, clauses, phrases and words of this Chapter are severable and if any Section, paragraph, sentence, clause, phrase or word(s) of this Chapter 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 Chapter since the same would have been enacted by the Board of Aldermen without the incorporation in this Chapter of any such unconstitutional or invalid portion of the ordinance.