Village of Cassopolis, MI
Cass County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Council of the Village of Cassopolis 3-12-1998 by Ord. No. 219 (Ch. 30 of the 2003 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 251.
Streets and sidewalks — See Ch. 330.
Zoning — See Ch. 370.

§ 268-1 Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
BUSINESS
Any building where commercial, industrial or mercantile transactions, dealings or intercourse of any nature, customarily engaged in as a means of livelihood, is carried on.
CHARITABLE, RELIGIOUS OR POLITICAL ORGANIZATION
An organization or institution of persons engaged in the free assistance of the poor, the suffering or the distressed, or any political, religious, benevolent, educational, philanthropic, humane, patriotic, eleemosynary or civic purpose.
EXPRESS
Directly and distinctly stated or expressed rather than implied or left to inference.
INTIMIDATION
To make frightened or fearful.
NONCOMMERCIAL SPEECH
Speech that does more than inform private economic decisions and is not primarily concerned with providing information about the characteristics and costs of goods and services.
PEDDLING
Traveling by foot, wagon, automotive vehicle or any other type of conveyance, going from street to street, public place to public place, to engage in one or more of the following:
A. 
Seeking to obtain orders for the purchase of goods;
B. 
Seeking to obtain prospective customers for any application or purchase of insurance of any type, kind or character;
C. 
Seeking to obtain subscriptions to books, magazines, periodicals, newspapers or other types of publications; and
D. 
Seeking to obtain gifts or contributions of money, clothing or other property for the support or benefit, in whole or in part, of any charitable or nonprofit organization.
RESIDENCE
A temporary or permanent dwelling place or abode.
SOLICITATION
Going from house to house, business to business, to engage in one or more of the following:
A. 
Seeking to obtain orders for the purchase of goods;
B. 
Seeking to obtain prospective customers for any application or purchase of insurance of any type, kind or character;
C. 
Seeking to obtain subscriptions to books, magazines, periodicals, newspapers or other types of publications; and
D. 
Seeking to obtain gifts or contributions of money, clothing or other property for the support or benefit, in whole or in part, of any charitable or nonprofit organization.
UNDUE BURDEN
The effects that follow from an exercise of police powers that put interstate commerce on a plane of inequality with local trade.

§ 268-2 Revocation of permit.

A violation of any portion of this chapter may result in the revocation or suspension of the person's solicitation or peddling permit.

§ 268-3 Hours of operation.

No person shall solicit or peddle in the Village between the hours of 9:00 p.m. and 8:00 a.m.

§ 268-4 Time limitations and restrictions on underage persons.

No person under 12 years of age shall engage in any commercial soliciting or peddling. No person under 17 years of age shall engage in any commercial soliciting or peddling during school hours, unless legally excused from school, or for a combined school and work period of more than eight hours in any one day.

§ 268-5 Loud noises and speaking devices.

No solicitor or peddler shall use any sound device except in accordance with Chapter 251, Noise, nor any person in his behalf shall shout, make any cry out, blow a horn, ring a bell or use any sound device, including any loud-speaking radio or sound-amplifying system upon any of the streets, alleys, parks or other public places of the Village where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such permittee proposes to sell or rent out.

§ 268-6 No-solicitation notices.

A. 
The owner or occupant of any residence or business in the Village may evidence a determination to refuse to receive any uninvited solicitors by posting a card, decal or sign not less than three inches by four inches in size upon or near the main entrance door to the residence, containing the words "No Soliciting." Any such card, decal or sign that complies with the requirements of this section shall be exempt from any additional or different requirements contained in the planning and zoning code.[1]
[1]
Editor's Note: Original Subsection (a), regarding "no solicitation" decals, which preceded this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
No person shall go upon any residence and ring the door bell, rap or knock upon any door, or create any sound in any other manner calculated to attract the attention of any occupant of such residence for the purpose of securing an audience with the occupant thereof, and engage in solicitation in disregard of a notice posted pursuant to this section.[2]
[2]
Editor's Note: Original Section 30-7, No solicitation list, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 268-7 Use of streets.

No peddler or solicitor shall have any exclusive right to any location in the public streets; nor shall he be permitted a stationary location; nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this section, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public is impeded or inconvenienced.

§ 268-8 Intimidation prohibited.

No person, while soliciting or peddling in the Village, shall intentionally act to intimidate any citizen.

§ 268-9 Permit required.

No person shall solicit or peddle within the Village without having first obtained a solicitation or peddling permit from the Village authorizing such solicitation or peddling.

§ 268-10 Exemptions.

The following activities are exempt from the provisions of this article:
A. 
Newsboys; persons traveling on an established route at the request, express or implied, of their customers; and salesmen calling on regularly licensed business establishments.
B. 
Any communication by an organization soliciting contributions solely from or peddling to persons who are members of the organization at the time of such solicitation or peddling.
C. 
Any solicitation in the form of a collection or peddling at a regular meeting, assembly or service of a charitable, religious or political organization.

§ 268-11 Application forms.

Applications for solicitation or peddling permits shall be obtained at the Village Clerk's office.

§ 268-12 Application information.

Applicants for solicitation or peddling permits must fill out the application form in its entirety. Required information for the application includes the following:
A. 
The applicant's own name, address and telephone number, as well as that of the soliciting or peddling organization, and of the person, if any, who was in charge of any solicitation or peddling in the Village for the prior year.
B. 
The number of persons that will be soliciting or peddling on behalf of the soliciting or peddling organization.
C. 
Whether or not the soliciting or peddling organization is exempt from federal taxation as a nonpartisan nonprofit organization, and whether or not the soliciting or peddling organization is permitted with the state to solicit.
D. 
Where applicable, the applicant shall show a current sales tax license number issued by the state.
E. 
Where the business for which a permit is applied for is engaged in the service of food or beverage to the public, the applicant shall provide to the Village Clerk proof of the issuance of a current and valid license as required by the State Department of Health, as outlined in Public Act No. 368 of 1978 (MCL § 333.1101 et seq.) for such food service. The maintenance of a valid, current license shall be a continuing obligation of the permittee.
F. 
Identify the purpose for solicitation or peddling.
G. 
State the names of at least the last three municipal governmental organizations that have issued soliciting or peddling permits to the applicant. This requirement shall be waived when the soliciting or peddling organization has not been issued at least three soliciting or peddling permits in the past.
H. 
Identify the proposed dates and times of solicitation or peddling.
I. 
Identify the proposed locations of solicitation or peddling.
J. 
Where applicable, provide the Village Clerk with a written description and a photograph or detailed drawing of any wagon, automotive vehicle or any other type of conveyance used to transport goods, wares or any items for the purposes of sale.

§ 268-13 Application fee.

A. 
Upon submission of the application to the Village Clerk, the applicant shall pay a permit application fee, which fee shall be established by resolution of the Village Council from time to time. The Village Manager or his authorized representative may, if he determines that the permit fee would constitute an undue burden upon the applicant, waive or otherwise reduce the amount of the fee.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
All charitable, religious or political organizations shall be exempt from paying the permit application fee required by this section.

§ 268-14 Investigations.

Applicants who are proposing to engage in commercial soliciting or peddling shall be subject to the following investigatory procedure:
A. 
Upon receipt of an application for a permit under this article, the original shall be referred to the Chief of Police, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.
B. 
As part of such investigation, such applicant shall be screened by use of the Law Enforcement Information Network (LEIN) for prior criminal history. Such screening shall be limited to "conviction only" inquiries with a purpose code "e."
C. 
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Police Chief shall endorse on such application his disapproval and his reasons for disapproval, and return the application to the Village Manager or his authorized representative.
D. 
If the screening of the applicant by use of the Law Enforcement Information Network reveals a record of prior criminal conviction, the Police Chief shall report the record to the Village Manager or his authorized representative.

§ 268-15 Conveyances.

The Village Manager or his authorized representative shall be responsible for examining the description and drawing or photograph of any conveyance proposed by an applicant to carry goods, wares or any item for soliciting or peddling, to determine if the conveyance conforms to the Village Manager's peddler/solicitor conveyance guidelines.

§ 268-16 Denial of permit.

A solicitation or peddling permit shall be denied whenever the Village Manager or his authorized representative shall find that:
A. 
The applicant has failed to pay the required permit application fee, where applicable.
B. 
The applicant has failed to fill out the permit application form completely.
C. 
The applicant has falsified information on the application.
D. 
The Village Manager or his authorized representative shall find, as a result of an investigation pursuant to § 268-14, that the applicant's record of prior criminal conviction is found to be unsatisfactory.
E. 
The Village Manager or his authorized representative rejected the application in accordance with § 268-15.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 268-17 Issuance of permit.

Upon approval of a permit application, the Village Manager or his authorized representative shall issue the number of solicitation or peddling permits to the applicant as is requested in the permit application. Solicitation or peddling permits shall bear the name and address of the person by whom the solicitation or peddling is made, the date issued, the dates within which the permit holder may solicit or peddle, and a statement that the permit does not constitute an endorsement by the Village of the purpose or of the person conducting the solicitation or peddling. All permits shall be signed by the Village Manager or an authorized representative.[1]
[1]
Editor's Note: Original Section 30-50, Badges, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 268-18 Replacement permits.

Replacement copies of solicitation or peddling permits shall be issued only to the applicant.

§ 268-19 Expiration.

A permit issued under this article shall last for a period not to exceed one calendar year from the date of issuance.

§ 268-20 Nontransferability.

Any permit approved and issued under this article shall be nontransferable.

§ 268-21 Identification.

All solicitors or peddlers shall produce a copy of their Village solicitation or peddling permit upon request of any citizen or Village official. Every Village solicitation or peddling permit shall contain the name, address and phone number of the person who is soliciting.

§ 268-22 Granting of permit not endorsement by Village.

No person shall represent that the granting of a solicitation or peddling permit under this article is an endorsement by the Village of the particular organization involved. Any such representation is declared to be a misrepresentation of fact and subject to the provisions for revocation of the permit.

§ 268-23 Permit revocation.

Any solicitation or peddling permit issued under this article may be revoked or suspended by the Village Manager or his authorized representative, after notice has been sent by mail to the applicant's last known address, if the Village Manager or his authorized representative has reason to believe that any officer, agent or representative of a permittee has engaged in any of the following:
A. 
Fraud, misrepresentation or false statement contained in the application for a permit.
B. 
Fraud, misrepresentation or false statement made in the course of conducting solicitation or peddling.
C. 
Conviction for any crime while soliciting or peddling within the Village.
D. 
Conducting solicitation or peddling in such a manner as to create a public nuisance, constitute a breach of the peace or endanger the health, safety or general welfare of the public.
E. 
Any violation of the guidelines contained in the documents entitled "Village of Cassopolis: Methods for Solicitation," or "Village of Cassopolis: Methods for Peddling."

§ 268-24 Appeals.

Any person aggrieved by the action of the Village Manager or one of his representatives due to the denial or revocation of a permit, or in the assessing of a fee, or any other administrative action, as provided in this article, shall have the right to appeal to the Village Council.
A. 
Such an appeal shall be taken by filing a written statement setting forth fully the grounds for the appeal.
B. 
The Village Council shall set a time and place for a hearing on such appeal.
C. 
Notice of a hearing date shall be sent to the person's last known address within 14 days after the appeal has been received.
D. 
A hearing shall take place no later than 45 days after the appeal has been received.
E. 
The decision and order of the Village Council on such appeal shall be final and conclusive.