City of Smithville, MO
Clay County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Editor's Note — Ord. no. 1683 §1, adopted June 18, 1996, repealed ch. 640 and enacted the provisions set out herein. Former ch. 640 derived from ord. no. 690 §§1 — 17, 8-8-1977.
Subsequently ord. no. 2256-04 §1, adopted March 16, 2004, repealed ch. 640 "solicitors and peddlers" and enacted new provisions set out herein. Former ch. 640 derived from ord. no. 1683 §1, 6-18-1996.

Section 640.010 Definitions.

[Ord. No. 2256-04 §1, 3-16-2004; Ord. No. 2893-14 §1, 5-20-2014]
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 the 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 640.020 Exceptions.

[Ord. No. 2256-04 §1, 3-16-2004; Ord. No. 2809-11 §1, 10-18-2011; Ord. No. 2893-14 §1, 5-20-2014]
This Chapter shall not apply to a Federal, State or local government employee or a public utility employee in the performance of his or her duty to his or her employer. Additionally, members of not-for-profit youth groups, organizations or associations that conduct fundraisers for the benefit of the organization or its members are exempt from the requirements of this Chapter, except the provisions of Section 640.150, if, and only if, members of such organization seeking exemption hereunder are conducting the activity for the benefit of the organization and each member shall at all times traveling door to door be clearly identifiable as a member of the organization by either identification cards, uniforms or other clothing associated with the organization.

Section 640.030 Identification Card Required for Peddlers and Solicitors, Available for Canvassers.

[Ord. No. 2256-04 §1, 3-16-2004; Ord. No. 2893-14 §1, 5-20-2014]
No person shall act as a peddler or as a solicitor within the City of Smithville 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 640.040 Fee.

[Ord. No. 2256-04 §1, 3-16-2004; Ord. No. 2893-14 §1, 5-20-2014]
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.
2. 
For a peddler acting on behalf of a merchant not otherwise licensed to do business within the City, a fee of fifty dollars ($50.00) per card.
3. 
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.
4. 
For a canvasser requesting an identification card, no fee.

Section 640.050 Application for Identification Card.

[Ord. No. 2256-04 §1, 3-16-2004; Ord. No. 2893-14 §1, 5-20-2014; Ord. No. 2935-15, 10-20-2015]
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 Administrator, or designated representative, during regular business hours.

Section 640.060 Contents of Application.

[Ord. No. 2256-04 §1, 3-16-2004; Ord. No. 2893-14 §1, 5-20-2014]
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.
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 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 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 organizations, person or group for which 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.
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 640.070 Issuance of Identification Card.

[Ord. No. 2256-04 §1, 3-16-2004; Ord. No. 2893-14 §1, 5-20-2014]
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 that any statement upon the application is false, unless the applicant can demonstrate that the falsehood was the result of excusable neglect.

Section 640.080 Investigation.

[Ord. No. 2256-04 §1, 3-16-2004; Ord. No. 2893-14 §1, 5-20-2014]
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 640.070, 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 640.090 Denial — Administrative Revocation.

[Ord. No. 2256-04 §1, 3-16-2004; Ord. No. 2893-14 §1, 5-20-2014]
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 following tribunal: The Board of Aldermen, at its next regular meeting.

Section 640.100 Hearing on Appeal.

[Ord. No. 2256-04 §1, 3-16-2004; Ord. No. 2893-14 §1, 5-20-2014]
If the applicant requests a hearing under Section 640.090, the hearing shall be held in accordance with the Administrative Procedure Act of the State of Missouri,[1] and review from the decision (on the record of the hearing) shall be heard by the Circuit Court of Clay County. The hearing shall also be subject to the Missouri Open Meetings and Records Law.[2]
[1]
Editor's Note: See Ch. 536, RSMo.
[2]
Editor's Note: See Ch. 610, RSMo.

Section 640.110 Display of Identification Card.

[Ord. No. 2256-04 §1, 3-16-2004; Ord. No. 2893-14 §1, 5-20-2014]
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 640.120 Validity of Identification Card.

[Ord. No. 2256-04 §1, 3-16-2004; Ord. No. 2893-14 §1, 5-20-2014]
An identification card shall be valid within the meaning of this Chapter for a period of one (1) month from its date of issuance or the term requested, whichever is less.

Section 640.130 Revocation of Card.

[Ord. No. 2256-04 §1, 3-16-2004; Ord. No. 2893-14 §1, 5-20-2014]
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.
B. 
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 640.090 above.

Section 640.140 Distribution of Handbills and Commercial Flyers.

[Ord. No. 2256-04 §1, 3-16-2004; Ord. No. 2893-14 §1, 5-20-2014]
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 designee 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 property having a "no solicitor" sign of the type described in Section 640.150(A)(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 640.150 General Prohibitions.

[Ord. No. 2256-04 §1, 3-16-2004; Ord. No. 2893-14 §1, 5-20-2014]
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 shall 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 entranceway 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 8:00 A.M. and 7:00 P.M.
B. 
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 640.160 Violation to be Prosecuted as Trespass.

[Ord. No. 2256-04 §1, 3-16-2004; Ord. No. 2893-14 §1, 5-20-2014]
Any person violating any part of this Chapter shall have committed a trespass on such property and shall be prosecuted under the general trespass ordinances of the City. The penalty for such violation shall be the same as for any other trespass.

Section 640.170 Each Day is an Offense.

[Ord. No. 1683 §1, 6-18-1996; Ord. No. 2256-04 §1, 3-16-2004; Ord. No. 2893-14 §1, 5-20-2014]
Every day any violation of this Chapter or of any other ordinance or any such rule, regulation, notice or order shall continue shall constitute a separate offense.