City of Fenton, MO
St. Louis County
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Table of Contents
Table of Contents

Section 605.010 Scope.

[R.O. 2006 §625.010; Ord. No. 2528 §1, 11-18-2002]
This Chapter is enacted to promote and protect the public health, safety and welfare of the citizens of the City and shall be in effect as hereinafter defined and described within the corporate limits of the City.

Section 605.020 Definitions.

[R.O. 2006 §625.020; Ord. No. 2528 §1, 11-18-2002]
As used in this Chapter, the following words have the meaning indicated:
CANVASSER
A person traveling by foot, automobile, motor truck or any type of conveyance from house to house, place to place, street to street, positioned on or near street corners, public ways or places of public assembly or congregation who attempts to make personal contact with another person without prior specific invitation or appointment from such person 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.
CHARITABLE SOLICITATION/PEDDLING
Any request to obtain, seek or plead for funds, property or financial assistance of any kind, or selling or offering to sell merchandise or anything of value by representing or holding out to the person solicited that such sale or solicitation or the proceeds therefrom are for a charitable, religious, educational, patriotic or philanthropic purpose.
ISSUING OFFICER
The City Clerk of Fenton, Missouri.
PEDDLER
A person traveling by foot, automobile, motor truck or any type of conveyance from house to house, place to place, street to street, positioned on or near street corners, public ways or places of public assembly or congregation who attempts to make personal contact with another person without prior specific invitation or appointment from such person for the primary purpose of attempting to sell goods, wares or merchandise from a stock of merchandise with him. 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 at a different location or at a time different from the time of visit. Such a person is a "solicitor".
SOLICITOR
A person traveling by foot, automobile, motor truck or any type of conveyance from house to house, place to place, street to street, positioned on or near street corners, public ways or places of public assembly or congregation who attempts to make personal contact with another person without prior specific invitation or appointment from such person 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, or
3. 
Taking or attempting to take orders for the sale of goods, wares, books, charts, maps, magazines or other merchandise for future delivery, or for services to be performed then or in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he/she collects advance payments on such sales or not;
provided however, that the provisions of this Chapter shall not apply to salesman soliciting orders from or selling to retail dealers for resale, wholesalers and manufacturers for manufacturing purposes, nor shall this Chapter apply to bidders for public works or supplies.

Section 605.030 Exception.

[R.O. 2006 §625.030; Ord. No. 2528 §1, 11-18-2002]
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 605.040 Identification Card Required For Peddlers and Solicitors, Available For Canvassers.

[R.O. 2006 §625.040; Ord. No. 2528 §1, 11-18-2002]
No person shall act as a peddler or as a solicitor within the City 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 residents of the canvasser's good faith shall be issued one upon request.

Section 605.050 Fee.

[R.O. 2006 §625.050; Ord. No. 2528 §1, 11-18-2002; Ord. No. 2559 §1, 4-21-2003]
A. 
The fee for the issuance of each identification card shall be:
1. 
For a peddler or solicitor acting on behalf of a merchant otherwise licensed to do business within the City — no fee.
2. 
For a peddler or commercial solicitor acting on behalf of a merchant not otherwise licensed to do business within the City — a fee of five dollars ($5.00) per day.
3. 
Operation of food vans and ice cream vendors shall pay one hundred fifty dollars ($150.00) annually. Operation of food vans and ice cream vendors are not permitted to sell products in residentially zoned areas.
4. 
Charitable solicitation/peddling — no fee.
5. 
For a canvasser requesting an identification card — no fee.

Section 605.060 Application For Identification Card.

[R.O. 2006 §625.060; Ord. No. 2528 §1, 11-18-2002]
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 605.070 Contents of Application.

[R.O. 2006 §625.070; Ord. No. 2528 §1, 11-18-2002; Ord. No. 2619 §1, 11-17-2003]
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 whom 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 infraction, offense, misdemeanor and felony convictions of each person for whom a card is requested for the twelve (12) 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 and which are available for City inspection to determine that all City sales taxes have been paid.
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. 
A copy of the registration number issued by the State of Missouri for charitable solicitations is to be provided.
12. 
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 605.080 Issuance of Identification Card.

[R.O. 2006 §625.080; Ord. No. 2528 §1, 11-18-2002; Ord. No. 2619 §2, 11-17-2003]
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 twelve (12) 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 twelve (12) 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 605.090 Investigation.

[R.O. 2006 §625.090; Ord. No. 2528 §1, 11-18-2002]
During the period of time following the application for one (1) or more identification cards and its issuance, the City shall investigate as to the truth and accuracy of the information contained in the application. If the City has not completed this investigation within the sixteen (16) business hours provided in Section 605.080, the identification card will nonetheless be issued subject, however, to administrative revocation upon completion of the investigation. [If a canvasser requests an identification card, the investigation will proceed as described above, but if the City 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.]

Section 605.100 Identification Card — Not An Endorsement.

[R.O. 2006 §625.100; Ord. No. 2528 §1, 11-18-2002]
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 or by any member of the City administration or Board of Aldermen thereof or by any organization which any of the same may represent.

Section 605.110 Denial — Administrative Revocation — Hearing.

[R.O. 2006 §625.110; Ord. No. 2528 §1, 11-18-2002]
If the issuing officer denies (or upon completion of an investigation revokes) the identification card to one (1) or more persons, he/she 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/her option an appeal of the denial of his/her application before the City Administrator, 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 605.120 Appeal.

[R.O. 2006 §625.120; Ord. No. 2528 §1, 11-18-2002]
If the applicant requests a hearing under Section 605.110, review from the decision (on the record of the hearing) shall be had to the Circuit Court of St. Louis County.

Section 605.130 Display of Identification Card.

[R.O. 2006 §625.130; Ord. No. 2528 §1, 11-18-2002]
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 so as to be reasonably visible to any person who might be approached by said person.

Section 605.140 Validity of Identification Card.

[R.O. 2006 §625.140; Ord. No. 2528 §1, 11-18-2002; Ord. No. 2619 §3, 11-17-2003]
A. 
No person may be granted more than one (1) identification card within a four (4) month period with each identification card being valid for a period of no longer than two (2) days.
B. 
No person soliciting or peddling on behalf of an organization may receive an identification card for purposes of soliciting or peddling if other persons have been issued identification cards within the previous four (4) months for soliciting or peddling on behalf of the same organization.

Section 605.150 Revocation of Card.

[R.O. 2006 §625.150; Ord. No. 2528 §1, 11-18-2002; Ord. No. 2619 §4, 11-17-2003]
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 twelve (12) 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 an information by the Prosecuting Attorney or of a complaint by the issuing officer and a hearing before the tribunal identified in Section 605.110 above.

Section 605.155 "No Visit" List.

[R.O. 2006 §625.160; Ord. No. 2528 §1, 11-18-2002]
The issuing officer shall maintain a list of persons within the City who restrict visits to their property (including their leasehold, in the case of a tenant) by peddlers, solicitors and canvassers. The issuing officer may provide a form to assist property owners and tenants, and this form may allow the property owners and tenants to select certain types of visits they find acceptable while refusing permission to others. This "no visit" list shall be a public document, reproduced on the City'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, property owners and tenants may also choose to post a sign of the type described in Section 605.170 Subsections (1) or (2).

Section 605.160 Distribution of Handbills and Commercial Flyers.

[R.O. 2006 §625.170; Ord. No. 2528 §1, 11-18-2002]
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 and City staff 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 605.170 Subsections (1) or (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 605.170 General Prohibitions.

[R.O. 2006 §625.180; Ord. No. 2528 §1, 11-18-2002]
A. 
No peddler, solicitor or canvasser shall:
1. 
Enter upon any private property where the property has clearly posted 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 main entrance of the business or dwelling at which guests, invitees or patrons 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 posted the property on the City's "no visit" list (except where the posting form indicates the occupant has given permission for this type of visit), regardless of whether a sign is posted.
4. 
Use or attempt to use any entrance other than the front or main entrance to the business or dwelling or, in the case of residential property, 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. 
Operate in or on any right-of-way, sidewalk or street corner, whether public or private, in such a manner as to endanger himself or others or so as to impede traffic. The judgment of a Police Officer, exercising good faith, shall be conclusive as to whether public safety is jeopardized or traffic impeded. For purposes of promoting public safety, a peddler, solicitor or canvasser wishing to operate within a right-of-way or street may only operate on the median or raised island and must remain thereon unless summoned by the person solicited. If no median or raised island exists, the peddler, solicitor or canvasser may not operate from the center of the right-of-way.
7. 
Enter upon the property of another except between the hours of 9:00 A.M. and 9:00 P.M.
 
Except that the above prohibitions shall not apply when the peddler, solicitor or canvassers, has an express invitation from the owner, resident or occupant of a property allowing him/her to enter upon any posted property.

Section 605.180 Violation To Be Prosecuted in Municipal Court.

[R.O. 2006 §625.190; Ord. No. 2528 §1, 11-18-2002]
Any person violating any part of this Chapter, including trespass, shall have committed a municipal violation and shall be prosecuted in Municipal Court. The penalty for such violation shall be the same as for a trespass.