A Brief Overview of Solicitation Laws in Missouri
Missouri law does not broadly address solicitation; a comprehensive legislature related to this topic is absent from the statutes. Specific solicitation laws are contained in a variety of county ordinances, requiring a nuanced analysis of a particular area before its laws can be fully understood. This has resulted in a patchwork of interpreting what is and isn’t allowed when it comes to soliciting. However, there are still some general Missouri laws which provide some guidance when it comes to what is required under state law. A ‘solicitation’ is not specifically defined under Missouri state law, though several counties have included definitions in their ordinances, and many others refer to language used in Chapter 575, the state’s harassment statute. There is no overarching ‘no soliciting’ law in Missouri, but this does not mean people are free to canvass at will; it is primarily an issue of what restrictions each county can legally impose, and Missouri’s overall vague statutes allow each county to have some leeway when it comes to what they can and cannot restrict on the political speech front. Defining ‘solicitation’ can be tricky, and varies from ordinance to ordinance, as exemplified by Webster County’s definition of ‘solicitor’: "any person who shall: sell, offer to sell, or take orders for the sale of goods, wares, merchandise or services from a residence, or other structure, which is used by a person as his or her residence." This language is not exactly definitive as to what constitutes ‘solicitation’ – by including the term ‘services’ in addition to ‘goods’ and ‘merchandise’, reservation and interpretation may be left to a circuit judge . Additionally, Webster County’s definition states where an act of solicitation can take place, but does not broach the question of how the solicitor is supposed to know that said location is a residence, or whether the solicitor needs to ask.
While Missouri does not have a comprehensive statute allowing counties to create and enforce anti-solicitation ordinances, Missouri does allow individual municipalities to create ordinances, but they are circumstantially limited in the manner and type of regulation they can enact. The Revised Statutes of Missouri, Chapter 67, outlines the procedures for cities and counties to create ordinances governing solicitation, and subsequently delineate the limitations of the power these ordinances have. Missouri Statute IS clear that ‘no soliciting’ signs are acceptable to post on residential property. Additionally, their presence is necessary to preserve the quasi-property right to be left alone, pursuant to Missouri’s case law. Homeowners face the constant threat of uninformed individuals naively approaching their house uninvited, and have the right to protect themselves through means of a sign posted somewhere on their property. Although their existence does not carry legal weight per se, they are generally enough to inform any would-be trespassers that knocking may not be welcome. While Missouri does not have a ‘do not knock’ law, counties are free to establish their own ordinances and statutes regulating solicitation.
Legal Aspects of No Soliciting Signs
No Soliciting signs in Missouri are recognized by the Missouri courts as a legally enforceable prohibition against solicitors on private property and can be enforced by the homeowner or commercial property owner. There are two sections of Missouri law, one criminal and the other civil that deals with trespassing and soliciting.
In 2009, the Missouri legislature enacted Chapter 570. Risk of Injury to Persons and Property, and specified:
- 115 Trespass To Enter or Remain on Property. — 1. A person commits the offense of trespass to enter or remain on property when the person knowingly enters or remains on the real property or premises of another prescribed by law without the license or privilege to do so.
- The offense of trespass to enter or remain on property is a class C misdemeanor. However, the offense is a class B misdemeanor if the person:
- (1) Has previously been warned by the owner or an authorized lessee or custodian of the property or premises against entering the property or premises; or (2) Knowingly enters or remains on real property containing a dwelling without the consent of the owner or tenant if the dwelling is an agricultural labor camp, a class A or B licensed child day care facility, or a licensed family day care home.
- 120 Trespass With Intent to Cause Offense or Annoyance. — 1. A person commits the offense of trespass with intent to cause offense or annoyance when the person commits one or more of the following acts with the intent to annoy or offend the owner, occupant, or a guest or invitee of the property or premises:
- (1) He goes upon the property or premises; or
- (2) He initiates contact with a person residing on or visiting the property or premises using an instrument to make noise; or
- (3) He causes an instrument to make noise to annoy or offend a guest or invitee of the property or premises.
- The offense of trespass with intent to cause an offense or annoyance is a class C misdemeanor. However, the offense is a class B misdemeanor if the offense is committed in or near a dwelling house or other structure used for the purposes of abode, and the person commits the offense after being admonished not to enter or remain on the property or premises by an owner or occupant of the property or premises.
- 270 Action for Injuries Resulting from Trespass — Venue — Damages. — There is a remedy by action for an injury done directly by another to any corporeal right of the plaintiff, except a mere naked right not accompanied with possession. An injury thus done to any corporeal right may be inquired into and redressed through any appropriate form of action, including trespass quare clausum fregit. A demurrer shall be entered to the allegations of the petition, under the Missouri rules applicable in such case, only in matters of substance, as the character ascribed to such injury is that of a trespass.
What Rights Do Property Owners Have?
When no soliciting signs are placed on private property that is not open to the general public, it can have a significant impact on the interaction between the property owners and the solicitor. In Missouri, property owners have the right to dictate who may gain access to their property – and this generally extends to solicitors. Although we recommend notifying a solicitor with an explicit order not to come onto the property when a no soliciting sign is placed on the front door, the posting of a no soliciting sign creates an additional layer of protection for property owners.
There are some important things to keep in mind about no soliciting signs. First, the contents of the no soliciting sign must expressly state that all solicitors are prohibited from accessing the property. If the no soliciting sign does not make this point expressly, a solicitor may not be in violation of the law by accessing the property. In this situation, a solicitor may argue that no soliciting sign did not specifically prohibit him or herself from access to the property. Second, the sign must be placed on the property itself; not on a mailbox or elsewhere.
Limitations and Exceptions
There are circumstances in which a door-to-door canvasser may step onto your property and argue that your sign does not apply. For example, certain "no soliciting" signs do not prohibit political canvassing. "Missouri law recognizes an exception to no soliciting signs for a candidate seeking election and his or her campaign volunteers." Beeson v. Wands, 268 S.W.3d 292, 295 (Mo. Ct. App. 2008) (construing the "Community Activist Solicitation Control Ordinance" (CASCO) as not prohibiting door-to-door canvasers employed by a candidate). "The CASCO ordinance, like other ‘no soliciting sign’ ordinances, cannot be interpreted to prevent political canvassers from knocking on doors of residential property for the purpose of electioneering." Id. at 298-300.
Certain "no soliciting" signs do not prohibit religious canvassing. For example, "Missouri law recognizes that there is no indication in the plain language of the [CASCO] ordinance, or any other Missouri law, that providing religious literature in a residential neighborhood is an activity that is legally similar to solicitation. . . . The ordinance does not mention religious activities. It creates an exception to the prohibition against canvassing for ‘any charitable organization.’ Id. at 303. "[C]haritable organizations" include religious organizations, "provided however, that they have . . . achieved tax-exempt status pursuant to 26 U.S.C.A. § 501(c)(3), or the equivalent thereof." Id. (citing The Community Activist Solicitation Control Ordinance (CASCO) (Kansas City, MO), § 50.161 (2000)) (internal quotations omitted).
How to Display No Soliciting Signs Correctly
Steps to Properly Display No Soliciting Signs in Missouri
To properly display a no soliciting sign on your property in Missouri, you should follow these best practices:
Be Aware of Size Restrictions
In some circumstances, there are local ordinances in different counties across Missouri that restrict the size and shape of the no soliciting signs displayed in residential neighborhoods. These ordinances may also restrict the amount of square footage of no soliciting signs for which you can post on your property.
For example, a city ordinance might state that no soliciting signs can be greater than an average of 6 inches tall by 12 inches wide with a heavy emphasis on black lettering on a white background in color. You need to check the ordinances in your area to determine if these rules exist.
Place Signs at Critical Points
It is important that any no soliciting signs you post be placed in strategic areas where people who may sell goods or services will be able to see them easily. In many cases , such signs are placed on fences or poles enclosing the property, near walkways or pathways into the property or near steps or stairs leading to the front door. These high-traffic areas are generally the first place those soliciting will go, and thus the most important places to have such signs posted.
If any of the no soliciting signs you are planning to place are going to be higher than five feet, it is recommended that those signs be mounted at an additional foot of height for every six inches of additional height. For example, if you are putting up a sign that is 96 inches tall, the sign should be placed an additional 16 inches higher than the intended height of eight feet.
Secure Your Signs
No matter where you intend to place your no soliciting signs, they should be safely secured to the surface upon which they are mounted. Carriage bolts, screws and nails are all appropriate means to secure the mounting of the sign as long as other individuals cannot easily remove the signs.
Enforcement and Other Remedies
In Missouri, homeowners can face an uphill battle when seeking enforcement of restrictions on solicitors on their property. There is no central entity that manages no soliciting requests, and many municipalities and counties in Missouri have different rules and regulations regarding signs, limiting what property owners can do. The following is a brief overview of what rights and options a homeowner has in this area.
Report Violations
If a solicitor or sales person knocks on your door, make note of the date and time, and the name of the company you think they may represent. If the solicitor is belligerent and refuses to leave your property after you ask, make that note as well. Then do the following:
- Go online and check the Secretary of State website to see if the company they claim to represent is registered to do business in Missouri. If not, that will give you some additional grounds for refusing to do business with them.
- After the visit from the solicitor, go online and check with your municipality or county to see if the company they claim to represent is licensed as a solicitor within that jurisdiction.
- If you find the solicitor is not registered in Missouri, or that they are unlicensed with the municipality or county where you live, call the Better Business Bureau and file a report about them. The BBB will investigate the company and produce a report on them on their own website unless the company registers with the BBB.
- File a complaint with the Attorney General’s Office against the company and the individual, or just the individual if you don’t know the company. Most states have an Attorney General’s Office, and Missouri is no exception. Every state’s Attorney General website has consumer complaint forms online. Once you submit your complaint online, the Attorney General’s Office will investigate and determine whether the company and/or individual should be penalized and/or placed on probation. The Attorney General’s Office has no authority to bring criminal charges against the company or individual, but those charges are possible through local law enforcement.
Police Department
If the solicitor is belligerent and refuses to leave, call your local police department’s non-emergency line, or 911. When speaking with the dispatcher you will need to be clear that you are not in immediate danger, and are calling for non-emergency police assistance. If the officer comes out to make contact with the individual at your home, be sure to let them know in the narrative that you do not want to press charges, if that is in fact the case. Otherwise, the officer may consider what transpired to be an assault or trespass and a crime.
Private Citations
The law allows private individuals to enforce the laws for solicitation and trespassing, then seek reimbursement of their incurred legal expenses within reason. These private citations can be written like a traffic citation, without need for a court hearing. The private individual who issues the citation can either send it through the mail, with the fine enclosed, or it may be issued in person to the individual who is violating your rights under the law. The recipient may then face the possibility of criminal citations and fines based on the officer’s testimony in court and the facts.
Private citations are typically handed out for infraction of municipal codes, such as "No Trespassing" signs or "No Soliciting" signs, or other ordinances that restrict behavior in a particular manner. However, in addition to issuing private citations, you may also have recourse to file for violation of any statute that is broken by the individual while on your property, and may also seek recourse in civil court for damages.
Common Questions
Do you have to put a no soliciting sign on your door?
You are not required by Missouri law to put a no soliciting sign on your door, but if you do, it strengthens your legal rights in limiting unwanted visitors to your premises. If you choose not to post a sign, however, you still have a legal right to refuse entry to unwanted salespeople.
Do no soliciting signs in Missouri have to be fancy?
No, they don’t. Whether or not you post a formal sign doesn’t really matter according to the law , but it may matter when it comes to people’s willingness to actually respect your wishes. Online retailers sell a variety of decorative no soliciting signs, or you could even slap a "No Soliciting" note on an index card on your door.
What if my sign gets ignored anyway?
Under Missouri law, you can call your local police department and report that someone is trespassing. In most cases, that person will be removed from your property. A copy of your police report can then be used as evidence if you have to appear in court to pursue damages from the offending company.