HomeMy WebLinkAboutOrd.5920.2026-07-20 BILL NO. 26-60 ORDINANCE NO. I40
AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, REGARDING PROHIBITED ACTIVITIES
WHEREAS, the City Council finds that certain forms of
conduct in public places, including physical obstruction of
pedestrian or vehicular traffic, unwanted physical contact, and
conduct that places a person in reasonable apprehension of
immediate physical injury, may pose risks to public safety and
interfere with the safe and orderly use of public spaces; and
WHEREAS, the City has a substantial governmental interest
in ensuring that public streets, sidewalks, and other public
places remain safe and accessible for all persons; and
WHEREAS, the City Council seeks to ensure that individuals
are able to move freely through public spaces and to enter and
exit public and private places without physical obstruction or
interference; and
WHEREAS, the conduct addressed by this Ordinance may arise
in many contexts, including commercial, charitable, political,
religious, and personal interactions; and
WHEREAS, the City Council recognizes the constitutional
rights of all persons to freedom of speech, expression,
association, and the free exercise of religion, including the
right to solicit and engage in other forms of communication; and
WHEREAS, the City Council is mindful that public streets,
sidewalks, parks, and other public places are traditional public
forums for expressive activity, including speech, assembly, and
the free exchange of ideas; and
WHEREAS, the City Council intends that this Ordinance
address such conduct while preserving the ability of all persons
to engage in lawful expressive activity in public places; and
WHEREAS, the City further recognizes the rights of property
owners and lawful occupants to control access to private
property, including the right to prohibit entry or require
persons to leave.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
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ARTICLE 1. Section 15-15 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, relating to "Peddlers,
solicitors, hawkers, etc. , selling goods on private premises;
restrictions", reading as follows :
Sec. 15-15 . - Peddlers, solicitors, hawkers, etc. ,
selling goods on private premises; restrictions .
No solicitor, peddler, hawker, itinerant merchant or
transient vendor or other person shall go in and upon
any private residence for the purpose of selling, or
soliciting orders for the sale of goods, wares,
merchandise, services or subscriptions without having
been requested or invited to do so by the owner or
occupant of the private residence.
is hereby repealed in its entirety, and a new Section 15-15 is
hereby enacted in lieu there, in words and figures, to read as
follows :
Sec. 15-15 - Persons prohibited from activity on
private property.
No person, peddler, huckster, hawker, solicitor,
vendor or merchant shall go in or remain upon any
private property for the purpose of solicitation
without having been requested or invited to do so by
the owner or occupant of the property:
a. If the property has been posted prohibiting
solicitation in a manner reasonably likely to
come to the attention of persons entering the
property, or
b. After communication to the person to not solicit .
For purposes of this Section, "solicitation" shall
include requesting donations or signatures, selling or
soliciting orders for the sale of goods, wares,
merchandise, services or subscriptions.
ARTICLE 2 . Section 15-16 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, relating to "Peddlers,
merchants or other persons prohibited from streets,
intersections, sidewalks. ", reading as follows:
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Sec. 15-16. - Peddlers, merchants or other persons
prohibited from streets, intersections, sidewalks.
No person, peddler, huckster, hawker, solicitor,
vendor, or merchant shall conduct activity in the
public streets, rights-of-way, intersections, medians
or sidewalks, in such a manner where his operations
impedes or interferes with pedestrians or vehicle
traffic. This section shall not apply to the
commercial selling of newspapers on sidewalks .
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is hereby repealed inn its entirety, and a new Section 15-16 is
hereby enacted in lieu there, in words and figures, to read as
follows:
Sec. 15-16. - Persons prohibited from activity on
streets, sidewalks, and parks.
No person shall conduct activity in public parks,
streets, rights-of-way, intersections, medians or
sidewalks, in such a manner where the person:
a. Knowingly causes physical contact with another
person, or with property in the immediate
possession or control of another person,
including an occupied motor vehicle, knowing the
other person will regard the contact as offensive
or provocative, or
b. Purposely places another person in apprehension
of immediate physical injury, or
c. Purposely causes inconvenience to another person
by unreasonably and physically obstructing
vehicular or pedestrian traffic, or
d. Purposely causes inconvenience to another person
by unreasonably and physically obstructing the
free ingress or egress to or from a public or
private place.
ARTICLE 3. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held
invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
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and independent provision and such holding shall not affect the
validity of the remaining portions hereof.
ARTICLE 4 . It is the intention of the governing body and
it is hereby ordained that the provisions of this ordinance
shall become and be made a part of the Code of Ordinances of the
City of Cape Girardeau, Missouri, and the sections of this Code
may be renumbered to accomplish such intention.
ARTICLE 5. This Ordinance shall take effect and be in full
force from and after ten days after its final passage and
approval. �//�
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PASSED AND APPROVED THIS ✓I LI DAY OF ,,; / , 2026.
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Robert F. uard, Mayor ; �
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Courtney Da'dis, Deputy City Clerk
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