[1]
Editor's Note — Ord. no. 7484 §1, adopted January
29, 2008, repealed this article and enacted the new provisions set
out herein. Former art. VI derived from Code 1980 §13-2; CC 1990
§14-332; ord. no. 6545, 6-25-2001.
[Ord. No. 7484 §1, 1-29-2008]
As used in this Article, 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.
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".
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, for a commercial purpose,
that is advertising an activity, event, good or service that is offered
to the resident for purchase at a location away from the residence
or a time different from the time of the initial visit.
[Ord. No. 7484 §1, 1-29-2008]
A.
This
Article 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. 7484 §1, 1-29-2008]
No person shall act as a peddler within the City without first
obtaining from the Director of Finance or his duly authorized representative
a permit to conduct such activity within the City.
[Ord. No. 7484 §1, 1-29-2008]
A.
The
fee for the issuance of each permit that is granted to any applicant
under the provisions of this Article shall be:
1.
For a peddler a fee of twenty-five dollars ($25.00) which shall,
unless such permit is in the meantime revoked, entitle the permit
holder to conduct bona fide peddling activities within the City.
2.
For a solicitor a fee of ten dollars ($10.00) which shall, unless
such permit is in the meantime revoked, entitle the permit holder
to conduct bona fide soliciting activities within the City.
[Ord. No. 7484 §1, 1-29-2008]
Any person or organization, formal or informal, may apply for
one (1) or more permits by completing an application form at the office
of the Director of Finance during regular office hours.
[Ord. No. 7484 §1, 1-29-2008]
A.
The
applicant, person or organization shall provide the following information:
1.
The name and address of the applicant, including the business address
and home and business telephone numbers.
2.
A brief description of the proposed activity. Copies of literature
to be distributed may be substituted for this description at the option
of the applicant.
3.
Date and place of birth for each person for whom a card is requested.
4.
A list of all infractions, offenses, misdemeanors and felony convictions
as supplied by a Law Enforcement Agency acceptable to the City.
[Ord. No. 7484 §1, 1-29-2008]
A.
The
permit shall be issued within seven (7) days of receipt of the completed
application and any supplemental information required, unless it is
determined that:
1.
The applicant has been convicted of a felony or a misdemeanor involving
moral turpitude, or
2.
The applicant is judged to be so irresponsible or otherwise incapable
of conducting a legitimate and bona fide activity, 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. 7484 §1, 1-29-2008]
If an applicant produces a permit issued by another City having
an ordinance substantially the same as this one, the Director of Finance
may, in his discretion, issue a permit upon completion of the application
and review of all required information.
[Ord. No. 7484 §1, 1-29-2008]
If the Director of Finance denies or revokes a permit, he shall
immediately convey the decision to the applicant in writing at his
business or home address. Upon receipt of the notification, the applicant
shall have the option of an appeal of the denial or revocation before
the City Council.
[Ord. No. 7484 §1, 1-29-2008]
If the applicant requests a hearing under Section 605.253, the hearing shall be held in accordance with the Administrative Procedure Act of the State of Missouri. Appeal or review of the decision on the record of the hearing shall be had in the Circuit Court of St. Louis County. The hearing shall also be subject to the Missouri open meetings and records law.
[Ord. No. 7484 §1, 1-29-2008]
Each permit shall be, when the permit holder for whom it was
issued is acting as a peddler or solicitor, worn on the outer clothing
of the permit holder so as to be reasonably visible to any person
who might be approached by the permit holder.
[Ord. No. 7484 §1, 1-29-2008]
A permit shall be valid within the meaning of this Article until
December thirty-first (31st) of the year in which it is issued.
[Ord. No. 7484 §1, 1-29-2008]
A permit shall entitle the permit holder to conduct peddling
or solicitation activities within the City on any day of the week,
excluding Sunday, during daylight hours only.
[Ord. No. 7484 §1, 1-29-2008]
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 or their agents 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.
[Ord. No. 7484 §1, 1-29-2008]
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.
[Ord. No. 7484 §1, 1-29-2008]
Any person violating any part of this Article shall have committed
a trespass on such property and shall be prosecuted under the general
trespass ordinance of the City. The penalty for such violation shall
be the same as for any other trespass.
