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repealed ch. 615 "solicitors, canvassers, peddlers, etc."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.
[Ord. No. 2434 §1, 5-28-2005]
As used in this Chapter, the following words have the meaning
indicated:
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.
The City Clerk of the City of Shrewsbury, Missouri.
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:
A member of an organization exempt from Federal tax pursuant
to Section 501(c)(3) of the Internal Revenue Code; and
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.
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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".
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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.
[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.
[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.
[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.
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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
