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.
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.
No person shall act as a peddler or as a solicitor within the
City without first obtaining a permit in accordance with this Chapter.
A canvasser is not required to have a permit but any canvasser wanting
a permit for the purpose of reassuring City residents of the canvasser's
good faith shall be issued one upon request.
A.Â
The
fee for the issuance of each permit shall be:
1.Â
For a peddler acting on behalf of a merchant otherwise licensed to
do business within the City: no fee.
2.Â
For a peddler acting on behalf of a merchant not otherwise licensed
to do business within the City: a fee of ten dollars ($10.00) per
year per company.
3.Â
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.Â
For a canvasser requesting a permit: no fee.
5.Â
For an organization or right-of-way solicitor requesting a right-of-way
permit: no fee.
[Ord. No. 1884 §1, 5-21-2015]
Any person or organization, formal or informal, may apply for
one (1) or more permits by completing an application form at the office
of the issuing officer during regular office hours.
A.Â
The
applicant, person or organization shall provide the following information:
1.Â
Name of applicant.
2.Â
Number of permits required.
3.Â
The name, physical description and photograph of each person for
which a permit 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.Â
The permanent and, if any, local address of the applicant.
5.Â
The permanent and, if any, local address of each person for whom
a permit is requested.
6.Â
A brief description of the proposed activity related to this permit.
Copies of literature to be distributed may be substituted for this
description at the option of the applicant.
7.Â
Date and place of birth for each person for whom a permit is requested
and, if available, the Social Security number of such person.
8.Â
A list of all infraction, offense, misdemeanor, ordinance violation
and felony convictions of each person for whom a permit is requested
for the seven (7) years immediately prior to the application.
9.Â
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
permit is requested.
10.Â
If a permit is requested for a peddler:
a.Â
The name and permanent address of the business offering the event,
activity, good or service, i.e., the peddler's principal.
b.Â
A copy of the principal's sales tax license as issued 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.Â
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.Â
If a permit is requested for a solicitor:
12.Â
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.
A.Â
The
permit(s) shall be issued promptly after application but in all cases
within eight (8) business hours of completion of an application, unless
it is determined within that time that:
1.Â
The applicant has been convicted of a felony, a misdemeanor or an
ordinance violation involving moral turpitude within the past seven
(7) years,
2.Â
With respect to a particular permit, the individual for whom a permit
is requested has been convicted of any felony, a misdemeanor or an
ordinance violation involving moral turpitude within the past seven
(7) years, or
3.Â
Any statement upon the application is false, unless the applicant
can demonstrate that the falsehood was the result of excusable neglect.
During the period of time following the application for one (1) or more permits 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 eight (8) business hours provided in Section 610.070, the permit will nonetheless be issued subject, however, to administrative revocation upon completion of the investigation. If a canvasser requests a permit, the investigation will proceed as described above, but if the City refuses to issue the permit (or revokes it after issuance), the canvasser will be advised that the failure to procure a permit does not prevent him/her from canvassing the residents of the City.
If the issuing officer denies, or upon completion of an investigation
revokes, the permit 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 Municipal Court of the City.
If the applicant requests a hearing under Section 610.090, 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.
Each permit 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.
A permit shall be valid within the meaning of this Chapter for
a period of six (6) months from its date of issuance or the term requested,
whichever is less.
A.Â
In
addition to the administrative revocation of a permit, a permit may
be revoked for any of the following reasons:
1.Â
Any violation of this Chapter by the applicant or by the person for
whom the particular permit was issued.
2.Â
Fraud, misrepresentation or incorrect statement made in the course
of carrying on the activity.
3.Â
Conviction of any felony, a misdemeanor or an ordinance violation
involving moral turpitude within the last seven (7) years.
4.Â
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 610.090 above.
|
A.Â
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.Â
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.Â
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.Â
No handbill or flyer shall be left at or attached to any of the property
having a "no solicitor" sign of the type described in Section 610.150(1)
and (2).
4.Â
Any person observed distributing handbills or flyers shall be required
to identify himself/herself to the Police (either by producing a permit
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.
A.Â
No
peddler, solicitor or canvasser shall:
1.Â
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.Â
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.Â
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.Â
Remove any yard sign, door or entrance sign that gives notice to
such person that the resident or occupant does not invite visitors.
5.Â
Enter upon the property of another except between the hours of 9:00
A.M. and 7:00 P.M.
|
Except that the above prohibitions shall not apply when the
peddler, solicitor or canvassers has an express invitation from the
resident or occupant of a dwelling allowing him/her to enter upon
any posted property.
|
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 City. The penalty for such violation shall
be the same as for any other trespass.
[Ord. No. 1884 §2, 5-21-2015]
A.Â
ORGANIZATION
RIGHT-OF-WAY
RIGHT-OF-WAY SOLICITOR
Definitions. As used in this Section, the following
terms have the following meanings:
Any person or entity being represented by a motor vehicle
solicitor and on whose behalf the solicitation takes place.
Any roadway, avenue, boulevard, alley, highway or other right-of-way
located within the City limits.
Any person who attempts to make personal contact with an
occupant of a motor vehicle for the purpose of selling a good or service,
obtaining a donation to a particular cause or organization, distributing
a handbill or flyer advertising any event, activity, cause, organization,
good or service, whether commercial or non-commercial, or enlisting
support for or against a particular religion, philosophy, ideology,
political party, issue or candidate.
B.Â
Right-Of-Way Solicitations Allowed, When.
1.Â
It shall be unlawful for any right-of-way solicitor to sit or
stand in or next to a right-of-way to solicit the occupants of any
motor vehicle being operated on any right-of-way without first having
obtained a permit as provided herein.
2.Â
In no event shall a permit be issued to or for the benefit of
any organization, or to any right-of-way solicitor representing a
particular organization, for more than four (4) days in a calendar
year, except that:
a.Â
Permits may be issued to more than one (1) right-of-way solicitor
representing an organization, provided that the permits so issued
do not extend beyond four (4) days in each calendar year; and
b.Â
A right-of-way solicitor may obtain additional permits, not
to exceed four (4) days in any calendar year per organization represented,
while representing different organizations.
3.Â
In no event shall a right-of-way solicitor engage in solicitations
after 6:00 P.M. or before 7:00 A.M. on any day allowed by the right-of-way
solicitor's permit. In no event shall a right-of-way solicitor
engage in solicitations except on the day or days allowed by the right-of-way
solicitor's permit.
4.Â
No right granted by any permit shall limit or prohibit a police
officer from ordering a right-of-way solicitor to stop solicitations
or exit a specified location if in the judgment of the police officer
the solicitation unreasonably obstructs or delays motor vehicle traffic
or otherwise threatens or impedes the public health, safety or welfare.
C.Â
Application—Permit.
2.Â
The applicant shall provide the name of each right-of-way solicitor,
the name of any organization represented by the right-of-way solicitor,
the date(s), time(s) and location(s) of the desired right-of-way solicitation
and a telephone number for emergency contact.
3.Â
The permit(s) shall be issued promptly after application but
in all cases within eight (8) business hours of completion of an application,
and said permit shall specify:
4.Â
The right-of-way solicitor shall display the permit on his/her
person so to be reasonably visible to any person who might be approached
by the right-of-way solicitor, and the right-of-way solicitor shall
produce the permit on request of any police officer of the City.
[Ord. No. 1884 §3, 5-21-2015]
A.Â
AGGRESSIVE SOLICITING
1.Â
2.Â
3.Â
4.Â
5.Â
6.Â
PLACE OPEN TO THE GENERAL PUBLIC
SOLICITING
Definitions. As used in this section, the following
terms have the following meanings:
Soliciting which is accompanied by one (1) or more of the
following:
Approaching, speaking to, or following a person in such a manner
as would cause a reasonable person to fear bodily harm or the commission
of a criminal act upon the person, or upon property in the person's
immediate possession;
In the course of soliciting, touching another person without
that person's consent;
Continuously soliciting from a person, or following the person,
after the person has made a negative response;
Intentionally blocking or interfering with the safe passage
of a person or a vehicle by any means, including unreasonably causing
a person to take evasive action to avoid physical contact;
Using obscene or abusive language either during the course of
soliciting or following a refusal; or
Acting with the intent of intimidating another person into giving
money or another thing of value.
Sidewalks, streets, alleys, driveways, parking lots and garages,
parks, plazas, buildings, doorways and entrances to buildings, the
grounds enclosing buildings, or the mall and/or adjacent parking areas
of any shopping center to which the general public is invited for
business purposes.
Any act by which one person requests an immediate donation
of money or other thing of value from another or others in person,
regardless of the solicitor's purpose or intended use of the
money or other thing of value. The soliciting may be oral, written,
or by other means of communication.
B.Â
Aggressive Soliciting. It is unlawful for any person
to engage in aggressive soliciting in any place open to the general
public.
C.Â
Soliciting Unlawful; When. It is unlawful for any
person to engage in soliciting:
1.Â
Within ten (10) feet of any automatic teller machine (ATM);
2.Â
Within thirty (30) feet of any entrance or exit of any bank,
savings and loan association, credit union or check-cashing business;
3.Â
In any public transportation vehicle or vehicle used for the
transportation of passengers on scheduled routes on an individual
passenger fare-paying basis;
4.Â
At any cab stand, or bus, train, Metrolink station or stop;
and
5.Â
On private property or residential property, if the owner, tenant
or occupant has asked the person not to solicit on the property or
has posted a sign on the property indicating no soliciting.