City of Camdenton, MO
Camden County
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Table of Contents
Table of Contents

Section 608.010 Definitions.

[Ord. No. 1920-02 §1, 11-19-2002]
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.
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. 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 608.020 Exception.

[Ord. No. 1920-02 §1, 11-19-2002]
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 608.030 Identification Card Required for Peddlers and Solicitors, Available for Canvassers.

[Ord. No. 1920-02 §1, 11-19-2002]
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, upon request and after paying to the City the cost of three dollars ($3.00) per identification card, be issued an identification card. 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 City Clerk during regular office hours.

Section 608.040 Fee.

[Ord. No. 1920-02 §1, 11-19-2002]
The fees for business licenses as set forth in Chapter 605 of this Code shall be paid prior to the issuance of an identification card. Each person acting as a peddler or solicitor shall pay said fee.

Section 608.050 Contents of Application.

[Ord. No. 1920-02 §1, 11-19-2002]
A. 
The applicant (person or organization) shall provide the following information:
1. 
The name, Social Security number, driver's license number (if any), date of birth, place of birth, physical description and photograph of the applicant. 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.
2. 
The permanent and local address (if any) of the applicant.
3. 
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.)
4. 
A list of all misdemeanor and felony convictions of the applicant for the seven (7) years immediately prior to the application.
5. 
The motor vehicle make, model, year, color and State license plate number of any vehicle which will be used by the applicant.
6. 
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.
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.
7. 
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 telephone number or other suitable information for this organization, person or group where residents having subsequent questions can go for more information.
8. 
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 608.060 Issuance of Identification Card.

[Ord. No. 1920-02 §1, 11-19-2002]
A. 
The identification card(s) shall be issued promptly after application but in all cases within sixteen (16) working hours of completion of an application, unless it is determined within that time that:
1. 
The applicant has been convicted of any felony or a misdemeanor involving moral turpitude within the past seven (7) years, or
2. 
Any statement upon the application is false, unless the applicant can demonstrate that the falsehood was the result of excusable neglect.
"Working hours", as used in this Section, shall be defined as the hours that the Camdenton City Hall is open for business.

Section 608.070 Investigation.

[Ord. No. 1920-02 §1, 11-19-2002]
During the period of time following the application, 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) working hours provided in Section 608.060, the identification card will nonetheless be issued, subject, however, to administrative revocation upon completion of the investigation. "Working hours", as used in this Section, shall be defined as the hours that the Camdenton City Hall is open for business.

Section 608.080 Denial — Administrative Revocation.

[Ord. No. 1920-02 §1, 11-19-2002]
If the issuing officer denies (or upon completion of an investigation revokes) the application, 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 Council at its next regular meeting. "Working hours", as used in this Section, shall be defined as the hours that the Camdenton City Hall is open for business.

Section 608.090 Hearing on Appeal.

[Ord. No. 1920-02 §1, 11-19-2002]
If the applicant requests a hearing under Section 608.080, 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 Circuit Court of the County in which the City is located. The hearing shall also be subject to the Missouri Open Meetings and Records law.

Section 608.100 Display of Identification Card.

[Ord. No. 1920-02 §1, 11-19-2002]
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, as so to be reasonably visible to any person who might be approached by said person.

Section 608.110 Validity of Identification Card.

[Ord. No. 1920-02 §1, 11-19-2002]
An identification card shall be valid within the meaning of this Chapter for a period of twelve (12) months from its date of issuance or the term requested, whichever is less.

Section 608.120 Revocation of Card.

[Ord. No. 1920-02 §1, 11-19-2002]
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 608.080 above.

Section 608.130 Distribution of Handbills and Commercial Flyers.

[Ord. No. 1920-02 §1, 11-19-2002]
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 are authorized to remove any handbill or flyer found within the right-of-way.
2. 
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).

Section 608.140 General Prohibitions.

[Ord. No. 1920-02 §1, 11-19-2002]
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. 
Enter upon the property of another except between the hours of 9:00 A.M. and 8:00 P.M. except that the above prohibitions shall not apply when the peddler, solicitor or canvasser has an express invitation from the resident or occupant of a dwelling allowing him/her to enter upon any posted property.

Section 608.150 Violation to Be Prosecuted as Trespass.

[Ord. No. 1920-02 §1, 11-19-2002]
Any person violating any part of this Chapter shall be deemed to have committed a trespass on such property and shall be prosecuted under the general trespass ordinance of the City.

Section 608.160 Severability.

[Ord. No. 1920-02 §1, 11-19-2002]
It is hereby declared to be the intention of the Camdenton Board of Aldermen that the Sections, paragraphs, sentences, clauses, phrases and words of this Chapter are severable. If any Section, paragraph, sentence, clause, phrase or words 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.