[Adopted 5-4-1992 by Ord. No. 92-7; amended
in its entirety 12-3-2012 by Ord. No. 2012-11]
This article shall be known and may be cited as the "Peddling
Ordinance."
For the purpose of the provisions of this article, the following
words and phrases shall be construed to have the meanings herein set
forth, unless it is apparent from the context that a different meaning
is intended:
The City Clerk of the City of Royal Oak, or his or her designated
representative.
Traveling, either by foot, motor vehicle, or any other type
of conveyance, from place to place, from house to house, or from street
to street, carrying, conveying or transporting goods, wares, merchandise
for sale, or taking or attempting to take orders for profit by the
sale of goods, wares and merchandise, books or magazines, or personal
property of any nature whatsoever for future delivery, or for services
to be furnished or performed in the future.
Any person traveling either by foot, motor vehicle, or any
other type of conveyance, from place to place, from house to house,
or from street to street, carrying, conveying or transporting goods,
wares, merchandise for sale, or taking or attempting to take orders
for profit by the sale of goods, wares and merchandise, books or magazines,
or personal property of any nature whatsoever for future delivery,
or for services to be furnished or performed in the future. The word
"peddler" shall include the words "hawker," "huckster" and "canvasser."
Any individual, partnership, corporation, limited-liability
company, or other entity.
Applications for a license to peddle shall be filed with the
City Clerk upon forms to be furnished by the City Clerk. The application
shall contain the following information:
A.
The full name, address and telephone number of the applicant.
B.
The applicant's date of birth.
C.
The applicant's driver's license number, if any.
D.
The applicant's social security number.
E.
A description of the nature of the business and the goods to be sold.
F.
If employed, the name, address and telephone number of the applicant's
employer.
G.
The place where the goods or property are proposed to be sold, or
orders taken for the sale thereof, are manufactured or produced, where
such goods or products are located at the time said application is
filed, and the proposed method of delivery.
H.
A photograph of the applicant, taken within 60 days immediately prior
to the date of the filing of the application, which picture shall
be two inches by two inches showing the head and shoulders of the
applicant in a clear and distinguishing manner.
I.
A statement as to whether or not an applicant has been convicted
of any felony, misdemeanor or municipal ordinance violation, the nature
of the offense and the punishment or penalty assessed thereof.
J.
Any other information that the City may reasonably require in order
to protect the public health, safety and welfare.
A.
Upon receipt of such application, the City Clerk shall refer the application to the Chief of Police or his or her designated representative, who shall investigate and determine whether the person making application for such license is of suitable character to possess a license pursuant to Chapter 425 of the City Code, as amended.
B.
If an applicant is found to be of suitable character for a license,
the City Clerk shall issue the applicant a license to peddle. If an
applicant is found to be unqualified for a license because of lack
of suitable character, or similar criteria, the City Clerk shall furnish
the applicant with a statement containing information as to the basis
for this determination.
[Amended 3-19-2018 by Ord. No. 2018-03]
It shall be a violation of this article for any person to knowingly
file, or knowingly cause to be filed, an application containing one
or more false statements.
A.
The City Clerk shall establish and maintain a Do Not Knock Registry.
B.
Any person in lawful possession and occupancy of any residence, house,
apartment, or other dwelling within the City may request that the
City place and maintain his or her residence, house, apartment, or
dwelling on the Do Not Knock Registry by submitting a written request
on a form supplied by the City Clerk. The written request shall contain
the following:
(1)
The name of the person completing the form.
(2)
The complete address of the residence, house, apartment, or dwelling
to be placed on the registry.
(3)
The date the form was completed.
(4)
A statement that peddlers shall not knock, ring the doorbell, or
otherwise call at his or her residence, house, apartment, or dwelling.
(5)
Any other information reasonably required by the City to verify the
identity of the person completing the form as a lawful occupant and
possessor of the residence, house, apartment, or dwelling.
C.
Every person who requests that the City place and maintain his or her residence, house, apartment, or dwelling on the Do Not Knock Registry shall be required to re-register his or her residence, house, apartment, or dwelling every five years. Any residence, house, apartment, or dwelling that is not re-registered shall be removed from the registry pursuant to Subsection E.
D.
Any person in lawful possession and occupancy of any residence, house,
apartment, or other dwelling within the City may request that the
City remove his or her residence, house, apartment, or other dwelling
from the Do Not Knock Registry by submitting a written request on
a form supplied by the City Clerk. The written request shall contain
the following:
(1)
The name of the person completing the form.
(2)
The complete address of the residence, house, apartment, or dwelling
to be removed from the registry.
(3)
The date the form was completed.
(4)
A statement that his or her residence, house, apartment, or dwelling
shall be removed from the Do Not Knock Registry.
(5)
Any other information reasonably required by the City to verify the
identity of the person completing the form as a lawful occupant and
possessor of the residence, house, apartment, or dwelling.
E.
After being placed on the Do Not Knock Registry, a residence, house,
apartment, or other dwelling shall remain on the registry until one
of the following occurs:
(1)
The City Clerk receives a written request to remove the residence, house, apartment, or dwelling from the registry pursuant to Subsection D.
F.
The City Clerk shall provide a copy of the then-current Do Not Knock Registry to each person issued a peddler's license pursuant to § 526-38. A copy of the Do Not Knock Registry shall also be available for public inspection in the City Clerk's office during regular business hours and on the City's website.
G.
The failure to add a residence, house, apartment, or other dwelling
to the Do Not Knock registry, or to remove a residence, house, apartment,
or other dwelling from the registry, shall not be grounds for any
claim against the City.
A.
No licensee, in the sale of goods, wares and merchandise, shall obstruct
any street, alley, sidewalk or driveway except as may be necessary
and reasonable to consummate a sale, nor remain, barter, sell, offer
or expose for sale any goods, wares or merchandise in front of or
at the side of any property against the wish or desire of the property
owner or the tenant or occupant of such property.
B.
No licensee shall engage in peddling on any street, alley or public
place after having been requested to desist by any police officer
or code enforcement officer of the City because of congested or dangerous
traffic conditions.
A.
No licensee on a residential street shall shout or cry out his or
her goods or merchandise, nor blow any horns, sirens or use other
similar devices to attract the attention of the public.
B.
No licensee shall enter upon property which has posted a "No Solicitation" sign or its equivalent or which at that time is on the Do Not Knock Registry established and maintained pursuant to § 526-38 for the purpose of peddling, unless the licensee has previously been invited on the premises by the owner, lessee, or an adult occupant thereof.
C.
No licensee shall fail to leave premises when asked by the owner
or occupant to do so.
D.
No licensee shall call at any residence within the City before 10:00
a.m. nor after 7:00 p.m., except upon the previously arranged request
of the occupant thereof.
[Amended 3-19-2018 by Ord. No. 2018-03]
E.
No licensee shall enter, or attempt to enter, any residence without
an express invitation from an adult occupant of the residence.
F.
No licensee shall engage in any peddling other than that specified
in his or her application for a peddler's license.
No person shall represent that the granting of a license under
this article is an endorsement by the City of the particular organization
involved, and any such representation is hereby declared to be a misrepresentation
of fact and subject to the provisions for revocation of the license.
A license granted pursuant to this article may not be assigned,
transferred, or otherwise utilized by any person or entity other than
the licensee.
Upon a violation of this article, or any other applicable ordinance, a license granted pursuant to this article may be suspended or revoked pursuant to Chapter 425 of the City Code, as amended.
