[Ord. No. 126[1], § 1, 7-7-2003]
The purpose of this article is to protect the public safety
and welfare of the property and persons residing in the township from
fraud, deceit, misrepresentation, trespass, invasion of privacy and/or
interference with the quiet use and enjoyment of residences and/or
property resulting from or which may result from the activities of
solicitors and/or vendors.
[1]
Editor's Note: This ordinance also repealed former Art.
III, Soliciting and Vending, adopted effective 11-14-1980 by Ord.
No. 74, as amended effective 11-27-1987 by Ord. No. 74-1; amended
effective 7-15-1988 by Ord. No. 74-2; and amended effective 8-24-1994
by Ord. No. 74-3.
[Ord. No. 126,
§ 1, 7-7-2003]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Means any land and/or structure of any type utilized for
commercial purposes, including but not limited to the production,
fabrication or assembly of any product.
Means any land and/or structure of any type utilized for
commercial purposes, including but not limited to the production,
fabrication or assembly of any product.
Means a member of the township police force regularly employed
as such and who is responsible for the prevention and detection of
crime and the enforcement of the general criminal laws of the state.
Means and includes every separate living unit occupied for
residential purposes by one or more persons, contained within any
type of building or structure.
Means and includes any one or more of the following activities:
Seeking to obtain orders for the purchase of goods, wares, merchandise,
foodstuffs or services of any kind, character or description whatsoever,
for any kind of consideration;
Seeking to obtain prospective customers for application or purchase
of insurance of any type, kind or character;
Seeking to obtain subscriptions to books, magazines, periodicals,
newspapers, and every other type or kind of publication; or
Seeking to obtain gifts or contributions of money, clothing
or any other valuable item for the support or benefit of any charitable
or nonprofit association, organization, corporation or project.
Notwithstanding anything to the contrary contained in this definition,
the term "soliciting" shall not mean and not include seeking to obtain
orders for the manufacturing or wholesale purchase of goods, wares,
merchandise, foodstuffs or services of any kind, character or description
whatsoever from the owners and/or operators of any commercial and/or
industrial establishment situated in the township.
Means and includes any person who engages in soliciting.
Means and includes any one or more of the following activities:
Selling or attempting to sell any goods, wares, merchandise,
foodstuffs, or services of any kind, character or description whatsoever,
from any parked or standing vehicle of any kind, character or description
whatsoever; or
Selling or attempting to sell goods, wares, merchandise, foodstuffs
or services of any kind, character or description whatsoever, from
any temporarily erected stand, booth or display structure of any kind,
character or description whatsoever.
Means and includes any person who engages in vending.
[Ord. No. 126,
§ 1, 7-7-2003]
Every person in the township desiring to prohibit solicitation
on the premises owned and/or occupied by that person shall conspicuously
post a sign on the premises reading "No Solicitors" or containing
such other language which clearly states the desire of the person
to prohibit solicitation on the premises.
[Ord. No. 126,
§ 1, 7-7-2003]
It shall be unlawful for any solicitor to go upon any premises and ring the doorbell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of the residence or the commercial or industrial property, for the purpose of securing an audience with the occupant and engage in soliciting as defined in this article, in defiance of a notice conspicuously posted on the residence or commercial or industrial property in accordance with the provisions of section 18-133 of this article.
[Ord. No. 126,
§ 1, 7-7-2003]
It shall be the duty of every solicitor upon going onto any premises in the township to first determine whether soliciting is prohibited on such premises by posted notice as provided in section 18-134. If soliciting is prohibited by such notice, the solicitor shall immediately and peacefully depart from the premises. Any solicitor who has gained entrance to any residence, or commercial or industrial property, whether invited or not, shall immediately and peacefully depart from such premises when requested to do so by the occupant.
[Ord. No. 126,
§ 1, 7-7-2003]
It shall be unlawful for any person either as principal or agent,
to engage in soliciting between the hours of 8:00 p.m. to 9:00 a.m.
[Ord. No. 126,
§ 1, 7-7-2003]
(a)
It shall be unlawful for any person either as a principal or agent,
to engage in vending anywhere in the township without having first
secured a license issued by the township clerk. All licenses shall
be valid for the intended period of vending, which shall not exceed
72 hours. In no event, shall a permit be effective for a period exceeding
five days from the date of issuance. Notwithstanding anything to the
contrary contained in this subsection, a special seasonal commercial
vending permit may be issued for the sale of seasonal trees, wreaths,
blankets, and other holiday vegetation commencing Thanksgiving Day
and terminating on December 31 of each year. Only four vending permits
may be issued to any one person, either as principal or agent, during
each calendar year.
(b)
An application for the issuance of a vendor's license shall
be made on forms approved by the township board, which forms shall
be made available in the office of the township clerk. Application
for a license shall be made at least 72 hours prior to the requested
effective date of the license. All statements of an applicant for
a vending license shall be under oath. In addition to all requirements
for licensing set forth in this article, any applicant desiring issuance
of a vendor's license shall furnish the township clerk with a
transient merchant's license as may be required by Act No. 51
of the Public Acts of Michigan of 1925 (MCL 445.371 et seq.) as amended,
and any and all state department of revenue, department of agriculture
and department of public health licenses required by applicable state
law. Additionally, an applicant for a vendor's license shall
provide a lease or other document evidencing approval of the applicant's
use of the property for vending purposes by the owner. Only one vending
license shall be issued for each site at any one time, and not more
than four vending licenses shall be issued for each site per year.
For purposes of this article, a site shall mean a parcel of land having
not less than 250 feet of frontage on an improved public street, road
or highway.
(c)
No license shall be issued to any person who has not attained the
age of 18 years or has been convicted of a felony under the laws of
this state or any other state or the federal government within five
years of the date of the application. Further, no license shall be
issued to any person who has been convicted of a violation of any
of the provisions of this article. All licenses shall be furnished
with an identification card signed by the clerk.
(d)
The township board may by resolution establish fees for vending permits
to defray the cost of administration and may require a financial guarantee
of the applicant to ensure property restoration and/or clean up. By
resolution, adopted August 15, 1994 the vendor's fee is $50 for
each vending site plus $100 refundable cash bond for cleanup.
(e)
It shall be unlawful for any person to engage in vending within the
public right-of-way of any state, county or private road. Further,
it shall be unlawful for any person to conduct vending activities
within 100 feet of any road intersection. Any temporarily erected
stand, booth or display structure shall not exceed 50 square feet
of display or floor area. Not more than two signs having an aggregate
display area not exceeding 48 feet shall be permitted. All signs must
set back at least 10 feet from the right-of-way of an abutting road.
All parked or standing vehicles and any temporarily erected stand,
booth, display, structure and signs utilized for vending shall be
removed from the site immediately upon expiration of the vending license.
(f)
No person engaged in vending shall shout, cry, ring a bell or use
any electronic or other sound device or amplifier for the purpose
of attracting attention to the vending activities. No person engaged
in vending shall use or cause to be employed any flashing lights from
a motor vehicle or other device for the purpose of attracting attention
to the vending activities. Every person engaged in vending shall provide
off-street parking for all customers.
[Ord. No. 126,
§ 1, 7-7-2003]
Upon application clearly demonstrating hardship, the township
board may vary or waive any or all provisions of this article. For
purposes of this article, the term "hardship" shall mean that a strict
application of this article will result in physical or financial burdens
which will prevent an applicant from engaging in soliciting or vending
as originally contemplated by him.
[Ord. No. 126,
§ 1, 7-7-2003]
This article shall be enforced by a law enforcement officer of the township, who may arrest any person committing a violation of this article in the presence of the officer in accordance with the constitution and laws of the state. Any violation of this article reported to a law enforcement officer upon the sworn statement of another person may be enforced consistent with the provisions of division 2 of article I of chapter 2, administration.
[Ord. No. 126,
§ 1, 7-7-2003]
Any person who violates the provisions of this article shall,
upon conviction, be guilty of a misdemeanor, and be subject to a penalty
not to exceed $500 or imprisonment in the Macomb County Jail for a
period not to exceed 90 days, or both such fines and imprisonment
at the discretion of the judge.
