Cross Reference — Street vending of prepared food and drink, §625.010 et seq.
[Code 1961 §12-52b; CC 1976 §19-1]
The shouting and crying of peddlers, hawkers and vendors which
disturbs the peace and quiet of the neighborhood is prohibited. The
use, operation of, or permitting to be played, used or operated, of
any musical instrument, phonograph, loudspeaker, or sound amplifier,
or other machine or device for producing or reproducing sound, which
is cast upon the public streets by peddlers, hawkers or vendors, between
the hours of 9:00 P.M. and 9:00 A.M. is prohibited.
[CC 1976 §19-2; Ord. No. 91-72 §1, 12-9-1991]
It shall be unlawful for any person to engage in the following acts or practices: Going to private residences in the City without prior invitation or request on a door-to-door or any other similar basis for any business or commercial purpose, including any kind of buying, selling or trading of any products, goods, merchandise or other items; and promoting or soliciting sales of any items or distribution of any materials for any business or commercial purposes. This Section shall not apply to charitable solicitation as provided for in Article II of this Chapter.
[CC 1976 §19-9; Ord. No. 1693 §1, 7-26-1979]
It shall be a violation of law for any person, organization,
society, association or corporation, or for any agent, member or representative
thereof, directly or indirectly, to solicit money, donations of money,
property or financial assistance of any kind, to sell or offer to
sell any article, tag, service emblem, publication, tickets, advertising,
subscription, or anything of value, on the representation that such
sale or solicitation, or any part of the proceeds thereof, is for
a charitable, religious, political, patriotic or philanthropic purpose,
on the street, in any office or business building, by house-to-house
canvass, or in any other private or public place, by telephone, personal
solicitation, by mail, or in any other way, in the City of Overland,
without first obtaining from the City, a permit and a solicitation
display card.
[CC 1976 §19-10; Ord. No. 1693 §1, 7-26-1979]
A.
The
permit mentioned in this Article shall be issued by the City Clerk
of the City, who shall first be furnished by the applicant with a
written statement under oath containing the following information:
1.
Name of the organization and its address.
2.
Names and addresses of its principal officers and management.
3.
The purpose for which such solicitation is to be made and the use
to be made of any proceeds.
4.
Name of the person who shall distribute the proceeds.
5.
Name and address of the person or persons who will be in direct charge
of the solicitation.
6.
The time when such solicitation shall start and end.
7.
The amount to be paid to any agent, solicitor or canvasser for the
solicitation, and the net amount to be turned over to the organization
seeking the permit.
8.
The name and address of each solicitor or salesperson who will be
working under the permit. This provision shall not apply, however,
to any solicitation drive which is conducted on a single premises
or in a single building.
9.
A description of each and every program, project or purpose of which
solicitors or salespeople might make specific mention as part of their
solicitation or selling tactics, including the place or address where
such program, project or purpose is administered, the person in charge
of its administration, and the name, if any, of each such program,
project or purpose. (For example, if solicitors intend to mention
a youth program, a drug treatment program, a camp program, an educational
program, or similar program, give particulars.)
10.
An affirmation that each solicitor or salesperson has been or will
be advised by the affiant of the provisions of this Chapter and Article
of the Code of Ordinances of the City of Overland.
[CC 1976 §19-11; Ord. No. 1693 §1, 7-26-1979]
The permit and solicitation display card provided for by this
Article shall not be used as an endorsement for any solicitation,
or sale, and no claim shall be made by any solicitor or salesperson
that the City of Overland or any City Official endorses, approves
or supports said solicitation or sale in any way.
[CC 1976 §19-12; Ord. No. 1693 §1, 7-26-1979]
No person shall, while soliciting or selling for a purported
charitable, religious, patriotic or philanthropic purpose, block or
obstruct the path of any pedestrian or vehicular traffic or block
or obstruct any way of ingress or egress to roads, buildings or other
enclosures or conveyances including, but not limited to, vehicles,
elevators, and escalators Nor shall any person solicit or sell for
such purpose by means of a so-called toll road or other similar device
or method on any street in the City.
[CC 1976 §19-13; Ord. No. 1693 §1, 7-26-1979]
A.
With
regard to any solicitation or sale conducted for a purported charitable,
religious, patriotic or philanthropic purpose, the following conduct
is prohibited and shall be deemed to be prima facie evidence of, and
shall create a presumption of, fraudulent, deceptive, or coercive
tactics or methods:
1.
Solicitors or salespeople shall not refuse to make change for a contributor
after a second (2nd) request to do so, or to return a contribution
to the contributor if change cannot be made.
2.
Solicitors or salespeople shall not block or obstruct the path of
any pedestrian.
3.
Two (2) or more solicitors or salespeople shall not simultaneously
approach within four (4) feet of any person being solicited.
4.
No solicitor or salesperson shall follow any person for more than
ten (10) feet while soliciting such person.
5.
No solicitor or salesperson shall touch or hold any person while
soliciting such person.
6.
No solicitor shall taunt, ridicule or shout at any person while soliciting
such person.
7.
No solicitor or salesperson shall claim or represent as part of a solicitation that any portion of solicited proceeds will benefit any specific program, project, or purpose which is not then registered on an application form on file with the City of Overland pursuant to the provisions of Sections 610.030 and 610.040 of this Article.
8.
No solicitor or salesperson shall conduct any solicitation of any person without first displaying to such person for a reasonable time, and in a prominent manner so that such person's view thereof is absolutely unobstructed, and at a reasonable and readable distance, the solicitation display card provided under Section 610.030 of this Article.
9.
No solicitor or salesperson shall conduct any solicitation of a sightless
person without first audibly reading the solicitation display card
in its entirety to such person.
10.
No solicitor or salesperson shall conduct any solicitation without first obtaining a permit as provided in Section 610.030 of this Article or registering his/her name and address with the City of Overland as a solicitor under an existing permit.
11.
No solicitor or salesperson shall solicit under an expired or revoked
permit.
12.
No solicitor or salesperson shall conduct any solicitation which
is prohibited by the laws of the State of Missouri or of the United
States of America.
13.
No solicitor or salesperson shall feign any physical or mental impairment,
handicap or disability.
14.
Unless it is expressly so stated during solicitation, no solicitation
or sale shall be conducted for any purported charitable, religious
or philanthropic purpose if in fact the only demonstrable funding
of said purpose resulting from the solicitation is by means of a cut
or commission, or flat fee, paid directly to the solicitor or salesperson
for his/her personal use.
[CC 1976 §19-14; Ord. No. 1693 §1, 7-26-1979]
The Chief of Police is hereby empowered to revoke any permit issued pursuant to this Article upon receipt of information signed under oath from a Police Officer or any other complainant that any conduct which is deemed to be prima facie evidence of fraudulent, deceptive or coercive tactics under Section 610.070 of this Article has been committed pursuant to such permit. In the event that the Chief of Police receives information, verified or not, of any other type of fraudulent, deceptive, or coercive solicitation being carried out pursuant to a permit issued under the provisions of this Article, or that an untrue statement of fact was made in the permit application, the Chief may bring charges of same and request in writing the revocation of such permit by the City Council and file said request and charges with the City Clerk.
[CC 1976 §19-15; Ord. No. 1693 §1, 7-26-1979]
Upon the summary revocation of a permit according to Section 610.080 hereof, the Chief of Police shall notify in writing the permit holder to cease and desist from solicitation. The permit holder may within seven (7) days of receipt of such written notice of revocation file with the City Clerk a request in writing for review of the revocation by the City Council. Upon receipt of such request for review, the City Clerk shall notify the Mayor, who shall fix a date for a hearing by the City Council and review of the revocation, and shall notify the permit holder thereof in writing. The date set for said hearing shall not be more than twenty-one (21) days after the filing of the request for review with the City Clerk. The permit holder and the Chief of Police shall have the right to compel the attendance of witnesses and present evidence at the hearing. If, after hearing the evidence, the City Council shall find by a majority vote of those in attendance that any conduct prohibited under the provisions of Section 610.070 of this Article has occurred under color and authority of the permit, the revocation of the permit shall be affirmed.
[CC 1976 §19-16; Ord. No. 1693 §1, 7-26-1979]
A.
If the Chief of Police files with the City Clerk a request for revocation of a permit pursuant to Section 610.080 of this Article and charges therein specific fraudulent, deceptive or coercive conduct or untrue material statements in the permit application, the City Clerk shall thereupon notify the Mayor, who shall fix a date for the hearing of said charges and request for revocation and notify the City Clerk thereof. Said date of hearing shall be not more than twenty-one (21) days after the date of the filing of the request for revocation with the City Clerk. The City Clerk shall thereupon serve the permit holder by personal service or by registered mail to the address listed on the permit application, with a copy of the specific charges and request for revocation together with a written notice of the date of hearing thereon before the City Council. The permit holder and the Chief of Police may compel the attendance of witnesses and present evidence at the hearing. The City Council shall decide, after hearing the evidence, whether any solicitor or salesperson, acting under color and authority of the permit, performed any act or conduct or uttered any speech which was:
1.
Fraudulent or deceptive in that it was a representation of fact which
was untrue or misleading and intended to influence another to give
money to or buy from the solicitor or salesperson.
2.
Coercive in that it was words or conduct intended to induce or promote
fear of physical harm, apprehension, anxiety, embarrassment or annoyance
in another person so that said person would be influenced to give
money to or buy from the solicitor or salesperson so as to avoid further
fear, annoyance, physical harm, embarrassment, or anxiety resulting
from further solicitation.
3.
A violation of any provision of this Article.
[CC 1976 §19-17; Ord. No. 1693 §1, 7-26-1979]
There shall be no fee for permits issued pursuant to this Article
and the duration of such permits shall be ninety (90) days. Reapplication
for such permits may be made without prejudice regarding the number
of prior permits issued to the same applicant.
[CC 1976 §19-18; Ord. No. 1693 §1, 7-26-1979]
The City Clerk shall issue such permits and solicitation display cards as are provided for under this Article. Permits shall be issued forthwith upon compliance with the provisions of Section 610.040. Applications may be amended from time to time during the duration of a permit to add or substitute the names of solicitors or salespersons who are working under the permit.
[CC 1976 §19-19; Ord. No. 1693 §1, 7-26-1979]
Any person, organization, society, association or corporation,
or any agent or representative thereof, violating any of the provisions
of this article, or knowingly filing or causing to be filed a false
affidavit in connection with the application, or representing in a
way that the permit granted hereunder is an endorsement of such solicitation,
shall be deemed guilty of a misdemeanor. Nothing contained elsewhere
in this Article is intended to or shall be interpreted so as to preclude
or preempt criminal prosecution under this Section, and other sanctions
contained in this Article are strictly additional to those contained
in this Section.
[CC 1976 §19-20; Ord. No. 1693 §1, 7-26-1979]
If any portion of this Article is deemed to be unenforceable
for any reason by any court of competent jurisdiction, all other portions
hereof shall survive and remain in effect and enforceable both severally
and collectively.
