[Adopted 8-22-2000 by Ord. No. 95 (Ch. 22 of the 2007 Code
of Ordinances)]
This article is adopted with the following purposes and intent:
A. To define and regulate persons doing business in the Township as
solicitors.
B. To establish a Township procedure for registering solicitors.
C. To promote and encourage stable, responsible businesses who will
enrich the Township's ambiance and be assets to public security.
D. To ensure that persons engaged in soliciting shall not conduct a
commercial, for-profit business for which a permanent premises, approved
following submission in approval of a site plan, would normally be
required in the Township.
E. To provide an information record with regard to the persons and entities
who will be engaged in soliciting activities in the interest of avoiding
irresponsible and/or fraudulent sales activities in the Township.
F. To serve and protect the health, safety and welfare of the general
public.
G. To provide penalties for the violations hereof.
H. To prevent or help to prevent fraudulent activity by promoting responsible
business practices.
I. To scrutinize and monitor those persons or entities that have a tendency
to or in the past have behaved fraudulently or who have, in the past,
avoided accountability for placing a grossly substandard product into
the marketplace.
J. To provide the Township and the public with a means of seeking a
remedy against those who commit fraud and/or cause injury, physical
or financial, to purchasers.
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:
OCCUPANT
Any person or business located on any property, and any person
or business which is the owner, lessee or renter of any property and
any invitee, licensee, guest, visitor, agent, representative or employee
of any such owner, lessee or renter of property.
PROPERTY
Any residence, business, building, structure or piece of
real estate.
REGISTERED SOLICITOR
Any person who has obtained a valid certificate of registration,
which certificate is in the possession of the solicitor and on his
person while engaged in soliciting.
RESIDENCE
Every separate living unit occupied for residential purposes
by one or more persons, contained within any type of building or structure.
SOLICITING
Any one or more of the following activities, unless such
activity takes place in a permanent structure open for business purposes
with such activity being a part of that business purpose.
A.
Seeking to sell or to obtain orders for the purpose of any goods,
wares, merchandise, foodstuffs, services and the like of any kind,
character or description whatever, for any kind of consideration whatever;
B.
Seeking to obtain prospective customers for application or purchase
of insurance of any kind, type or character;
C.
Seeking to obtain subscriptions to books, magazines, periodicals,
newspapers or any other type or kind of publication;
D.
Seeking to obtain gifts or contributions of money, clothing
or any other valuable thing for the support or benefit of any charitable
or nonprofit association, organization, corporation or project;
E.
Seeking to sell or vend ice cream, foodstuffs, wares or other
articles of whatever nature from any vehicle, on or off any street,
roadway, alley, highway or other passageway within this municipality,
whether such vehicle is motorized or not.
It is unlawful and shall constitute a nuisance for any person,
whether registered under this article or not, to enter into any business
or to go upon any property or to ring the doorbell upon or near any
door or create any sound in any other manner calculated to attract
the attention of an occupant of any such property for the purpose
of soliciting in defiance of a notice exhibited on the property in
accordance with the provisions of this article.
It is hereby declared to be unlawful, and shall constitute a
nuisance, for any person, whether registered under this article or
not, to enter into any business or to go upon any property or to ring
a doorbell, knock or rap upon any door or create any sound in any
other manner calculated to attract the attention of an occupant of
any such property, for the purpose of soliciting, prior to 9:00 a.m.
of any day and after 9:00 p.m.
Any person, persons, firm or corporation or anyone acting on behalf of said person, persons, firm or corporation who shall violate the provisions of this article shall be responsible for a municipal civil infraction, and subject to a civil fine as set forth in Chapter
1, Article
I, Definitions; General Penalty, of the Code of the Charter Township of Oakland. In addition to ordering a person determined to be responsible for a municipal civil infraction to pay a civil fine, cost, damages and expenses, the Judge or Magistrate shall be authorized to issue any judgment, writ or order necessary to enforce or enjoin present and future violations of this article. Each day that a violation occurs shall constitute a separate violation. The penalties provided in this section are in addition to the licensing sanctions provided in §
306-14. The provisions of this article do not preclude any Circuit Court action for injunctive relief, nor shall they abridge any other remedy available to the Township under present law.
Persons engaging in soliciting which is sponsored by a public,
parochial or private elementary, middle, junior high, or high school
or by a recognized nonprofit charitable or religious organization
shall be exempt from the registration requirements set forth in this
article, provided prior written notification has been given to the
Clerk at least 30 days prior to the commencing of any solicitation
activities, providing proof that the sponsoring organization is a
legitimate nonprofit organization and describing in detail the soliciting
activity to take place, the goods or merchandise to be offered for
sale in the course of the soliciting, and those individuals that are
to be engaged in the soliciting activity on behalf of the sponsoring
organization.
An application for a certificate of registration shall be denied
if the applicant or an identified supervising adult:
A. Has ever been convicted of a criminal offense under state or federal
law which involved homicide, criminal sexual conduct, kidnapping,
larceny, robbery, assault/battery, use of a firearm, fraud, extortion,
dishonesty, false statements, illegal entry into a residential structure,
or damage of real or personal property;
B. Has been convicted within the past 10 years of a felony offense under
state law or any criminal offense under federal law and/or remains
on probation or parole with respect to any such offense;
C. Has ever had a certificate of registration revoked, following issuance
under this article; or
D. Has ever been convicted of a violation of any of the provisions of
this article, any similar ordinance in any other jurisdiction, or
any state law regulating soliciting.
Upon compliance with the terms of this article, any person bearing
a certificate of registration shall be entitled to solicit, so long
as the solicitations are otherwise in compliance with applicable local
ordinance and state and federal law.
The certificate of registration, when issued, shall be for the
period of time applied for in the application or for 60 days, whichever
period is the shorter, and the certificate shall state the date of
expiration.
The Clerk shall issue to any solicitor who has obtained a valid
certificate of registration under this article a clear plastic badge
in which the certificate of registration can and shall be inserted.
When soliciting, a solicitor shall at all times have the badge, specified
in this section, containing a valid and legible certificate of registration
attached to his outer clothing and worn in such a manner as to be
clearly visible to others. It shall be unlawful to engage in soliciting
without a valid certificate of registration issued to that person
worn and attached to that person as required herein.
A certificate of registration issued under this article shall
be revoked if the holder of the certificate or a person identified
as a supervising adult in an approved application for a certificate
of registration:
A. Has ever been convicted of a criminal offense under state or federal
law which involved homicide, criminal sexual conduct, kidnapping,
robbery, larceny, assault/battery, use of a firearm, fraud, extortion,
dishonesty, false statement, illegal entry into a residential structure,
or damage of real or personal property;
B. Has been convicted of a violation of any of the provisions of this
article;
C. Has falsified the information, or has provided misleading information
or statements, as part of the application for a certificate of registration
submitted under this article; or
D. Has otherwise become disqualified for the issuance of a certificate
of registration in accordance with the terms of this article.
Any person denied a certificate of registration by the Township
Clerk pursuant to this article may appeal to the Township Board in
writing, stating reasons why the certificate should be granted. The
Township Board may grant or deny the certificate after a hearing open
to the public and such decision shall be final. Also, the Township
Board may elect on its own motion to review any determination of the
Township Clerk granting or denying a certificate of registration.
Notice of any such hearing shall be given in writing to the applicant
and served at least five days prior to the date of the hearing. Such
written notice shall be given by the Township Clerk to the applicant
for the certificate of registration in person or by first-class mail
addressed to his residence address as set forth in the application.
At the hearing, the applicant shall be given the opportunity to be
heard and present facts in the applicant's support, and the Township
Board shall give such facts consideration in making a determination
relative to the applicant's appeal of the denial of the application
for a certificate of registration. If, at the conclusion of the public
hearing, the Township Board denies, or upholds the denial, of the
application for a certificate of registration, the Township Board
shall state the reasons for such denial in the minutes of the hearing.