[Ord. No. 05-413 §1, 4-1-2005]
It is the policy of the Village to regulate the activities of
solicitors and itinerant merchants (also known as peddlers, hawkers
and transient vendors), in such a way as to be fully apprised of such
activities and to protect the right of residents and other persons
within the Village to peaceful enjoyment of privacy and freedom from
harassment. No restraint of trade and no detriment to beneficial causes
is intended by this policy, other than as necessary and appropriate
to ensure the convenience and domestic tranquility of such residents
and persons.
[Ord. No. 05-413 §2, 4-1-2005]
This Chapter shall apply to all solicitors and itinerant merchants
and to their agents and employees, regardless of the purpose or motive
of their activities, except it shall not apply to any persons seeking
to collect legitimate amounts due nor to any government agency or
official thereof in the pursuit of official duties. This Chapter shall
also not apply to members or designated representatives of the press
engaged in traditional non-commercial press functions or to persons
or organizations specifically exempted from this Chapter by virtue
of Federal legislation or pre-emptive legislation passed by the State.
[Ord. No. 05-413 §3, 4-1-2005]
The following words, terms and phrases, when used in this Chapter,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
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 distribution a handbill or flyer advertising a non-commercial event
or service.
Includes but is not exclusive of the words philanthropic,
benevolent, eleemosynary, patriotic, social services or welfare, either
actual or purported.
Any not-for-profit group registered with the Missouri Secretary
of State's office as defined in Section 352.020, RSMo. 2000, as amended,
or registered with the Secretary of State of another State.
Includes the words alms, food, clothing, money, property,
subscription or pledge, and also donations under the guise of loans
of money or property.
A school, college or other institution which has a defined
curriculum, student body and faculty, and which conducts classes on
a regular basis.
General distribution within the Village of printed or duplicated
material, merchandise or samples in the absence of requests or invitations
on the part of the recipients. Mere acceptance by recipients does
not by itself alter the character of gratuitous distribution. This
definition does not apply to distributions effected through the United
States mails or to distribution effected at places other than private
residences.
Any person, whether as owner, agent, consignee or employee,
who engages in a temporary business for any period of time and who,
for the purpose of conducting such business, occupies or uses any
parcel of land, building, tent, room, apartment, shop, store, structure
or sells his/her goods door-to-door or uses a vehicle parked on premises
where said person does not have the exclusive right of possession
under ownership, lease or rental agreement, or any other non-permanent
location or other place within the Village for the purpose of offering
to purchase or sell such goods, wares and merchandise, either privately,
publicly or at public auction.
Exclusions:
The aforesaid definition shall not apply to:
The mere transportation of goods, wares and merchandise and
chattels of every description.
Persons using motor vehicles for the transportation of goods,
wares and merchandise for delivery to an established list of customers
or clientele or to an established place of business.
Salespersons or agents for wholesale houses or firms who solicit
orders from, or sell to retail dealers in the Village for resale or
other commercial purposes, or to manufacturers for manufacturing or
other commercial purposes.
Persons conducting judicial or other sales under legal proceedings.
Participants in trade shows, or art and craft shows and fairs
of no less than ten (10) individual participants, so long as the sponsor
has obtained a special events permit as provided within this Code.
Federal, State or local government employee or public utility
employee in the performance of his/her duty for his/her employer.
Canvassers.
Fundraising sales by minors (including parents thereof) of cookies,
magazines, frozen pizza, wrapping paper and/or other household items
for a charitable organization, educational institution or religious
organization to support an activity related to and approved by the
institution.
Any church, congregation, society or organization founded
for the purpose of religious worship or observance.
Every separate living unit occupied for residential purposes
by one (1) or more persons and contained within any type of building
or structure.
Either one (1) or both of the following activities:
[Ord. No. 17-566, 4-10-2017]
[Ord. No. 05-413 §4, 4-1-2005]
A.
Registration Required. It shall be unlawful for any person
to conduct a solicitation or to conduct business as an itinerant merchant
without having first applied for and received a certificate of registration
issued by the Village.
[Ord. No. 17-566, 4-10-2017]
B.
Compliance With Law Required. Applicants and holders of
solicitor's or itinerant merchant's certificates of registrations
shall comply with all directions and conditions set forth in this
Chapter and with all applicable laws and ordinances.
C.
Application — Fee — Records.
[Ord. No. 17-566, 4-10-2017]
1.
Application for a certificate of registration shall be made upon
forms five (5) working days prior to the commencement of a proposed
period of solicitation.
2.
A separate application is required for each solicitor or itinerant
merchant conducting their activities from a separate parcel of land,
building, tent, room, apartment, shop, store, structure, booth, stand
or vehicle.
3.
The applicant shall truthfully state in full the information requested
on the application.
4.
Each applicant shall pay an application fee of ten dollars ($10.00).
D.
Issuance Or Denial.
1.
No certificate of registration shall be issued to:
a.
Any person who has been convicted of the commission of a felony under
the laws of the State or any other State or Federal law within (5)
years of the date of the application.
b.
Any person who has been convicted of a violation of any of the provisions
of this Chapter, or an ordinance of any other municipality regulating
soliciting within one (1) year of the date of the application.
c.
Any person or organization who has had a previous certificate of
registration issued by the Village revoked within one (1) year of
the date of the application.
d.
Itinerant merchants unless they possess a valid retail sales license
issued by the State Director of Revenue as required by Section 144.083,
RSMo.
2.
The Police Supervisor shall review all applications and recommend
their approval or denial to the Village Clerk. The Director of Planning
and Zoning and the Building Commissioner shall review all applications
involving the use of land or buildings and recommend the approval
or denial of said applications to the Village Clerk.
3.
The Village Clerk, after consideration of the application and all
information obtained relative thereto, shall deny the application
if the applicant does not possess the qualifications for such certificate
as herein required.
4.
The Village Clerk may revoke any certificate for failure to comply with Section 610.040(C)(3).
E.
Duration — Renewal. A certificate of registration
shall be issued for a specific period of time not to exceed seven
(7) days. Renewal of certificates shall require an additional application
fee. A maximum of two (2) certificates per year shall be issued to
any person or organization.
F.
Display. A certificate of registration shall be carried
at all times by the solicitor or itinerant merchant to whom issued
when soliciting or selling their goods in the Village. If a vehicle,
motor or otherwise, is used in the conduct of the business, the certificate
of registration shall be displayed in a prominent place where it can
be plainly seen and read from the street side portion of the operator's
cab. The certificate of registration shall be exhibited by such solicitor
or itinerant merchant whenever requested to do so by any officer of
the Village or by any person being solicited.
G.
No Vested Right. Nothing herein shall be interpreted as
granting or conferring a vested right on the holder of any certificate.
H.
Certificate Of Registration Non-Transferrable. A license
issued under the provisions of this Chapter shall not authorize any
person or persons, except the identical person(s) named in said license,
to engage in business thereunder, and such license shall not be transferable.
It shall be considered a violation of this Chapter to allow another
person, other than the person named in the license, to use the license
in any manner.
[Ord. No. 17-566, 4-10-2017]
[Ord. No. 05-413 §5, 4-1-2005; Ord. No. 17-566, 4-10-2017]
A.
Regulations Regarding Posted Notice on Private Property. No person regulated by this Chapter shall:
1.
Enter upon any private property where the property has clearly posted
a sign or decal visible from the right-of-way (public or private)
indicating a prohibition against solicitation, canvassing and/or transient
merchant activities. Such sign or decal need not exceed one (1) square
foot in size and may contain words such as “No Trespassing,”
"No Soliciting," or "No Solicitors"; and
2.
Remain upon any private property where a notice in the form of a
sign or decal, which contains the words “No Trespassing,”
"No Soliciting," or "No Solicitors," is placed upon any door or entranceway
leading into the residence or dwelling through which guests would
normally enter, and is visible; and
3.
Use or attempt to use any entrance other than the front or main entrance
to the dwelling, including any designated path to that front door.
If the residence or dwelling does not have a front entrance or it
is obvious that the front entrance is not used, he/she shall use such
entrance as is most obviously used as a guest entrance, but he/she
shall not go from door to door at the residence in an attempt to avoid
a “No Trespassing,” "No Soliciting," or "No Solicitors"
sign or decal nor travel across the grass, garden or yard area of
a residence or dwelling; and
4.
Remove any yard sign, door or entrance sign or decal that gives notice
to such person that the resident or occupant does not invite visitors;
and
5.
Misrepresent or make false, deceptive or misleading statements concerning
the quality, quantity or character of any service or goods offered
for sale, the purpose of his/her visit, his/her identity or the identity
of the organization he/she represents.
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Any person who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant. Violation of this Section shall be punishable as set forth in Section 610.060. The prohibitions contained in this Subsection shall not apply when a person regulated by this Chapter has the express invitation from the resident or occupant of a residence or dwelling allowing him/her to enter upon any property whether notice of “No Trespassing,” “No Soliciting,” or “No Solicitors” is posted or not.
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B.
Solicitation In Right-Of-Way.
1.
Itinerant merchants may not sell or peddle their products upon any
street, sidewalk or alley within two hundred (200) feet of any: (1)
church, (2) or school, when either is in use.
2.
Itinerant merchants using motor vehicles must have the vehicle equipped
with: (1) a signaling device which, while the vehicle is stopped to
make sales, displays flashing signals plainly visible from the rear
at any hour indicating that sales are being made; and (2) a receptacle
for the disposal of wrappers, papers, containers and other trash.
3.
Itinerant merchants using motor vehicles may only vend, sell or peddle
their products from the curb side of their vehicle.
4.
Itinerant merchants may not stop their vehicles at one (1) location
on the right-of-way for the purpose of vending, selling or peddling
their products for a period exceeding fifteen (15) minutes. Each separate
location used must be at least one hundred (100) feet in distance
from the last location and no location can be used twice within an
hour.
5.
A certificate of registration, issued pursuant to this Chapter, does
not permit the holder thereof to obstruct vehicle or pedestrian traffic,
harass residents or other persons within the Village or cause to be
violated any provisions of the Village's zoning regulations. The privileges
granted to the holder of the certificate of registration hereunder
shall be subservient to the Village's Police power to protect the
health, safety and welfare of the general public.
6.
Itinerant merchants dispensing food, beverages or confections shall
comply will all applicable provisions of the County Health Code and
other applicable laws and regulations.
7.
It is prohibited, whether registered under this Chapter or not, for
any person to erect a temporary stand or to display goods, wares or
merchandise within twenty-five (25) feet of the edge of a public road
pavement.
8.
Persons regulated by this Chapter should be advised that there may
be, and should familiarize themselves with, other applicable provisions
of this Municipal Code, or other applicable laws, regarding the regulation
of streets, sidewalks, alleys and other public places within the Village.
Nothing provided herein shall prohibit the application of those provisions
or laws on a holder of a Certificate of Registration. Nothing herein
shall be deemed to grant a holder of a Certificate of Registration
any property right, license or vested right in the use, occupancy
or possession of streets, sidewalks, alleys and other public places
within the Village.
C.
Certificate Suspension — Revocation — Appeal —
Decision. Certificate of registration issued under the provisions
of this Chapter may be suspended by the Chief of Police or any Police
Officer of the Village for violation of the particular terms of the
certificate or of this Chapter or for a violation of the law. A written
notice of the suspension will be provided to the Village Clerk by
the Chief of Police within two (2) working days setting forth the
reason the certificate was suspended and making a recommendation on
the revocation of the certificate. The officer suspending the certificate
should attempt to recover the document and to attach it to the report
of the suspension which will be forwarded to the Village Clerk. The
suspending officer shall inform the holder of the certificate suspended
that they may appeal the suspension to the Village Clerk. Upon receiving
the notice of suspension the Village Clerk may reinstate the certificate
or revoke same. The holder of the certificate suspended, upon appealing
the suspension in writing, shall be notified of the decision of the
Clerk by certified mail to the address listed on the application form.
Upon revocation of a certificate, all fees paid in connection therewith
shall be forfeited and such revocation shall be cause for refusing
to issue a subsequent certificate to the same person or organization
for a period of one (1) year. The decision of the Clerk is final and
cannot be appealed to any other board, commission or official of the
Village.
[Ord. No. 05-413 §6, 4-1-2003]
Any person violating any part of this Chapter shall have committed
a trespass on such property and shall be prosecuted under the general
trespass ordinance of the Village. The penalty for such violation
shall be the same as for any other trespass.
