[R.O. 1992 § 608.010; Ord. No.
1920-02 § 1, 11-19-2002]
As used in this Chapter, 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 advertising a commercial event
or service.
[R.O. 1992 § 608.020; 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.
[R.O. 1992 § 608.030; 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.
[R.O. 1992 § 608.040; 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.
[R.O. 1992 § 608.050; 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:
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.
[R.O. 1992 § 608.060; 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:
B.
"Working Hours," as used in this Section, shall be defined as the
hours that the Camdenton City Hall is open for business.
[R.O. 1992 § 608.070; 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.
[R.O. 1992 § 608.080; 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.
[R.O. 1992 § 608.090; 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.
[R.O. 1992 § 608.100; 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.
[R.O. 1992 § 608.110; 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.
[R.O. 1992 § 608.120; 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.
[R.O. 1992 § 608.130; 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).
[R.O. 1992 § 608.140; 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.
[R.O. 1992 § 608.150; 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.
[R.O. 1992 § 608.160; 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.
