[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.]
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:
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.
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.
Directly and distinctly stated or expressed rather than implied
or left to inference.
To make frightened or fearful.
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.
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:
Seeking to obtain orders for the purchase of goods;
Seeking to obtain prospective customers for any application
or purchase of insurance of any type, kind or character;
Seeking to obtain subscriptions to books, magazines, periodicals,
newspapers or other types of publications; and
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.
A temporary or permanent dwelling place or abode.
Going from house to house, business to business, to engage
in one or more of the following:
Seeking to obtain orders for the purchase of goods;
Seeking to obtain prospective customers for any application
or purchase of insurance of any type, kind or character;
Seeking to obtain subscriptions to books, magazines, periodicals,
newspapers or other types of publications; and
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.
The effects that follow from an exercise of police powers
that put interstate commerce on a plane of inequality with local trade.
A violation of any portion of this chapter may result in the
revocation or suspension of the person's solicitation or peddling
permit.
No person shall solicit or peddle in the Village between the
hours of 9:00 p.m. and 8:00 a.m.
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.
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.
A.Â
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]
B.Â
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]
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.
No person, while soliciting or peddling in the Village, shall
intentionally act to intimidate any citizen.
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.
The following activities are exempt from the provisions of this
article:
A.Â
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.Â
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.Â
Any solicitation in the form of a collection or peddling at a regular
meeting, assembly or service of a charitable, religious or political
organization.
Applications for solicitation or peddling permits shall be obtained
at the Village Clerk's office.
Applicants for solicitation or peddling permits must fill out
the application form in its entirety. Required information for the
application includes the following:
A.Â
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.Â
The number of persons that will be soliciting or peddling on behalf
of the soliciting or peddling organization.
C.Â
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.Â
Where applicable, the applicant shall show a current sales tax license
number issued by the state.
E.Â
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.Â
Identify the purpose for solicitation or peddling.
G.Â
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.Â
Identify the proposed dates and times of solicitation or peddling.
I.Â
Identify the proposed locations of solicitation or peddling.
J.Â
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.
A.Â
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]
B.Â
All charitable, religious or political organizations shall be exempt
from paying the permit application fee required by this section.
Applicants who are proposing to engage in commercial soliciting
or peddling shall be subject to the following investigatory procedure:
A.Â
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.Â
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.Â
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.Â
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.
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.
A solicitation or peddling permit shall be denied whenever the
Village Manager or his authorized representative shall find that:
A.Â
The applicant has failed to pay the required permit application fee,
where applicable.
B.Â
The applicant has failed to fill out the permit application form
completely.
C.Â
The applicant has falsified information on the application.
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]
Replacement copies of solicitation or peddling permits shall
be issued only to the applicant.
A permit issued under this article shall last for a period not
to exceed one calendar year from the date of issuance.
Any permit approved and issued under this article shall be nontransferable.
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.
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.
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.Â
Fraud, misrepresentation or false statement contained in the application
for a permit.
B.Â
Fraud, misrepresentation or false statement made in the course of
conducting solicitation or peddling.
C.Â
Conviction for any crime while soliciting or peddling within the
Village.
D.Â
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.Â
Any violation of the guidelines contained in the documents entitled
"Village of Cassopolis: Methods for Solicitation," or "Village of
Cassopolis: Methods for Peddling."
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.Â
Such an appeal shall be taken by filing a written statement setting
forth fully the grounds for the appeal.
B.Â
The Village Council shall set a time and place for a hearing on such
appeal.
C.Â
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.Â
A hearing shall take place no later than 45 days after the appeal
has been received.
E.Â
The decision and order of the Village Council on such appeal shall
be final and conclusive.
