[Adopted 3-8-2016 by Ord.
No. 2016-2904]
As used in this Chapter the following words have the meanings
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.
A.
This Chapter shall not apply to:
1.
A Federal, State or local government employee or a public utility
employee in the performance of his/her duty for his/her employer;
2.
The sale, or soliciting of orders for the sale, of milk, dairy
products, vegetables, poultry, eggs, and other farm and garden produce
grown or produced by the person selling the same;
3.
Any person, age 16 and under who is a resident of the City,
participating as a peddler or solicitor in fundraising programs for,
or sponsored by, a public or private elementary, junior high, high
school, or bona fide children's organization, including, without
limitation, Boy Scouts, Girl Scouts, or youth sports, arts or similar
extracurricular activities.
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
be issued one upon request. An identification card issued under this
Chapter is not transferable or assignable.
The identification cards for peddlers and solicitors required
by this Chapter are in addition to and not in lieu of any business
license such persons may be required to obtain under the provisions
of this Code.
A.
The fee for the issuance of each identification card shall be:
1.
For a peddler acting on behalf of a merchant whose physical
address is within the City: no fee.
2.
For a peddler acting on behalf of a merchant whose physical
address is not within the City: a fee of five dollars ($5.00) per
day.
3.
For a solicitor (including a commercial solicitor advertising
an event, activity, good or service for purchase at a location away
from the residence): five dollars ($5.00) per day.
4.
For a canvasser requesting an identification card: no fee.
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.
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.
If a photograph is not supplied, the City will take an instant photograph
of each person for whom a card is requested.
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.
11.
If a card is requested for a solicitor:
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.
A.
The identification card(s) shall be issued promptly after application
but in all cases within two (2) business days of completion of an
application, unless it is determined within that time that:
1.
The applicant has been convicted of a felony or a misdemeanor
involving moral turpitude within the past seven (7) years;
2.
With respect to a particular card, the individual for whom a
card is requested has been convicted of any felony or a misdemeanor
involving moral turpitude within the past seven (7) years; or
3.
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 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 two (2) business days provided in Section 615.070, 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.]
If the City Clerk denies (or upon completion of an investigation
revokes) the identification card to one (1) or more persons she shall
immediately convey the decision to the applicant orally and shall
within two (2) business days 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 (or written) notification,
and even before the preparation of the written report, the applicant
has the right of an appeal of the denial of his or her application
before the Mayor upon reasonable notice.
Each identification card shall be (when the individual for whom
it was issued is acting as a peddler or solicitor) carried at all
times and made visible to any person who might be approached by said
person.
Subject to the payment of any applicable fees as provided in Section 615.050, an identification card shall be valid within the meaning of this Chapter for a period of six months from its date of issuance.
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.
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. This
prohibition shall not apply when the peddler, solicitor, or canvasser
has an express invitation from the owner or occupant to enter upon
any posted property. Any person violating this Subsection 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.
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. This
prohibition shall not apply when the peddler, solicitor, or canvassers
has an express invitation from the owner or occupant to enter upon
any posted property. Any person violating this Subsection 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.
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. Any person violating this Subsection 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.
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 the time designated as sunset published for that
date in the Kansas City Star, or 7:30 P.M. whichever is earlier, Monday
through Saturday. This prohibition shall not apply when the peddler
or solicitor has an express invitation from the owner or occupant
to enter upon any posted property. Any person violating this Subsection
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. The prohibition
contained in this Subsection shall only apply to peddlers and solicitors,
and not canvassers.
6.
Calling attention to his or her business or the items to be
sold by means of blowing any horn or whistle, ringing any bell, crying
out, or by any other noise, so as to be unreasonably audible within
an enclosed structure.
7.
Obstructing the free flow of traffic, either vehicular or pedestrian,
on any street, sidewalk, alleyway, or other public right-of-way.
8.
Conducting business in a way as to create a threat to the health,
safety, and welfare of any specific individual or the general public.
9.
Failing to provide proof of the identification card when requested.
10.
Using the identification card of another person.
11.
Claim to have the endorsement of the City solely based on the
City having issued an identification card to that person.
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.
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 of
the property having a "no solicitor" sign.
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.
It is hereby declared to be the intention of the Board of Aldermen
that the sections, paragraphs, sentences, clauses, phrases and words
of this Chapter are severable, and if any section, paragraph, sentence,
clause, phrase or word(s) 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 of this Chapter since the same would have been enacted
by the Board of Aldermen without the incorporation in this Chapter
of any such unconstitutional or invalid portion of the Chapter.
