[HISTORY: Adopted by the Township Board of the Charter Township
of Oakland as indicated in article histories. Amendments noted where
applicable.]
[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:
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.
Any residence, business, building, structure or piece of
real estate.
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.
Every separate living unit occupied for residential purposes
by one or more persons, contained within any type of building or structure.
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.
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;
Seeking to obtain prospective customers for application or purchase
of insurance of any kind, type or character;
Seeking to obtain subscriptions to books, magazines, periodicals,
newspapers or any other type or kind of publication;
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;
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.
A.
Every person desiring to secure the protection provided by this article
pertaining to soliciting shall comply with the following directions:
Any person soliciting within the Township shall abide by any instructions
given any person so soliciting by the occupant of any property within
the Township where the instructions are an invitation to the solicitor
to come upon the property, or a denial to the solicitor of access
to the property. Such instructions may be oral or in writing and,
if in writing, the instructions shall be in the following form: A
weatherproof card approximately three inches by four inches in size
containing one of the following statements: "ONLY SOLICITORS REGISTERED
IN OAKLAND TOWNSHIP INVITED" or "NO SOLICITORS INVITED." The letters
on such cards shall be at least 1/3 inch in height, and such card
shall be exhibited upon or near a main entrance door to the main structure,
building or residence on the property, or at or near any entranceway
to the property. For the purpose of uniformity, the Township Clerk
may, on the direction of the Township Board, provide such cards to
the Township residents requesting them at the cost thereof.
B.
Any such card so exhibited shall constitute sufficient notice to
any solicitor of the determination by the occupant of the property
of the directions contained on the card, and any violation of such
directions shall be deemed a trespass, punishable as a violation hereof.
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.
A.
It is unlawful and shall constitute a nuisance for any person to
engage in soliciting unless such person is registered in accordance
with the terms of this article.
B.
It is unlawful and shall constitute a nuisance for any person under the age of 18 years to engage in soliciting unless such person is registered in accordance with the terms of this article and is accompanied by a supervising adult over the age of 18 years who has been fully identified on an approved application for a certificate of registration as required by § 306-9.
C.
It is unlawful for any person identified as a supervising adult on
an application for a certificate of registration filed with the Township
Clerk to fail to accompany a person under the age of 18 engaged in
soliciting; and such supervising adult shall be responsible and held
separately accountable for the solicitor's compliance with the
provisions of this article.
D.
It shall be unlawful for any adult to knowingly allow or permit a
person under the age of 18 to engage in soliciting without first being
registered pursuant to this article or without being accompanied by
a supervising adult identified on an approved application for a certificate
of registration.
E.
It shall be unlawful for a person who is not identified on an approved
application for a certificate of registration to accompany a person
under the age of 18 years engaging in soliciting.
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.
A.
Every person desiring to engage in soliciting within the Township
shall, prior to engaging in such solicitation, make written application
for and in fact obtain a certificate of registration as provided in
this article.
B.
Application for a certificate of registration shall be made to the
Township Clerk upon a form provided by the Township. The applicant
shall submit with the application a nonrefundable fee in an amount
set by resolution of the Township Board that is determined to be sufficient
to cover the administrative cost of the application, the process of
certification, the production of badges, and the monitoring of the
solicitor. The applicant shall truthfully state in full the following
information requested on the application.
(1)
Name of the applicant.
(2)
Current residence address and telephone number of the applicant and
length of residence at such address and, in addition, a business address
and telephone number if other than present residence address and telephone
number.
(3)
Address of place of the applicant's residence during the past
three years, if other than present address.
(4)
Social security number, age and date of birth of the applicant with
separate written proof (birth certificate or sworn affidavits) independently
verifying that the applicant is the age represented.
(5)
Physical description of the applicant.
(6)
Current name, telephone number and street address of the person,
corporation, association or other entity with whom the applicant is
employed or whom the applicant represents, and the length of time
of such employment and/or representation.
(7)
Name and address of each of the applicant's employers during
the past three years.
(8)
Description sufficient for identification of the subject matter of
the soliciting in which the applicant will engage.
(9)
Period of time for which the certificate of registration is sought.
(10)
The date, or approximate date, of the most recent previous application
for a certificate of registration in the Township.
(11)
A statement whether a certificate of registration issued to
the applicant by the Township under this article has ever been revoked
and, if so, the date of such revocation.
(12)
A statement identifying each and every criminal conviction of
the applicant, if any, including the date of the conviction, the convicting
court, and the originally charged crime of each such conviction. In
addition, the applicant shall fully disclose the date and arresting
agency of each and every arrest, if any, for any crime involving homicide,
criminal sexual conduct, kidnapping, robbery, larceny, assault/battery,
use of a firearm, fraud, extortion, dishonesty, false statement, or
any felony offense involving the illegal entry into a residential
structure or damage to real or personal property, irrespective of
whether or not there was a resulting conviction for any such arrest.
(13)
A legible copy of the applicant's driver's license,
having sufficient clarity to identify the applicant's photograph;
if the applicant does not have a driver's license with a photograph,
the application shall include a photograph at least two inches by
two inches in size showing the head and shoulders of the applicant
in a clear and distinguishing manner.
(14)
The application shall be signed by the applicant, and all statements
made by the applicant under the application or in connection with
the application shall be sworn statements made under oath.
(15)
Such other identification and information necessary to discover
the truth of the matters asserted in the application is required to
be set forth in the application.
C.
If the applicant is under the age of 18 years, a supervising adult
over the age of 18 years must truthfully state, in full, the following
information requested as part of the application provided by the Township:
(1)
Name of the supervising adult.
(2)
Current residence address and telephone number of the supervising
adult, and length of residence at such address, and, in addition,
a business address and telephone number at which the supervising adult
is employed if other than the present residence address and telephone
number.
(3)
Address of place of the supervising adult's residence during
the past three years, if other than present address.
(4)
Social security number, age and date of birth of the supervising
adult with separate written proof (birth certificate or sworn affidavits)
independently verifying that the supervising adult is the age represented.
(5)
Physical description of the supervising adult.
(6)
Name, telephone number and street address of the person, corporation,
association or other entity with whom the supervising adult is employed
or whom the supervising adult represents, and the length of time of
such employment and/or representation.
(7)
Name and address of each of the supervising adult's employers
during the past three years.
(8)
A statement as to whether the supervising adult has ever been issued
a certificate of registration by the Township and whether any certificate
of registration issued to the applicant by the Township under this
article has ever been revoked and, if so, the date of such revocation.
(9)
A statement identifying each and every criminal conviction of the
supervising adult, if any, including the date of the conviction, the
convicting court, and the originally charged crime of each such conviction.
In addition, the supervising adult shall fully disclose the date and
arresting agency of each and every arrest, if any, for crimes involving
homicide, criminal sexual conduct, kidnapping, larceny, robbery, assault/battery,
use of a firearm, fraud, extortion, dishonesty, false statements,
or any felony offense involving the entry into or damage of a residential
structure, irrespective of whether or not there was a resulting conviction
for any such offense.
(10)
A legible copy of the supervising adult's driver's
license, having sufficient clarity to identify the supervising adult's
photograph; if the supervising adult does not have a driver's
license with a photograph, the application shall include a photograph
at least two inches by two inches in size showing the head and shoulders
of the supervising adult in a clear and distinguishing manner.
(11)
The application shall be signed by the supervising adult, and
all statements made by the supervising adult under the application
or in connection with the application shall be sworn statements made
under oath.
(12)
A statement acknowledging that the supervising adult has read
and understands the provisions and requirements contained within this
article, and that the supervising adult accepts all responsibility
and shall be separately accountable for compliance with this article
by the solicitor under the age of 18 years which the supervising adult
is to accompany.
(13)
Such other identification and information necessary to discover
the truth of the matters asserted in the application is required to
be set forth in the application.
D.
The Township Clerk shall cause to be kept in his/her office an accurate
record of every application received and acted upon, together with
all other information and date pertaining thereto and all certificates
of registration issued under the provisions of this article. The Clerk
shall also keep a record of the denial of any such applications as
are denied. Applications for certificates shall be numbered in consecutive
order as filed, and every certificate issued, and any renewal thereof,
shall be identified with a duplicate number of the application upon
which it was issued.
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.
A.
No certificate shall be revoked until after a public hearing before
the Township Board to determine just cause for such revocation.
B.
Pending such hearing, the Township Clerk shall suspend any certificate of registration issued under this article upon determining that there is reasonable cause to believe that one or more grounds for revocation exist, as such grounds are identified in § 306-14.
C.
Notice of such revocation hearing shall be given in writing 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 holder of the certificate,
in person or by first-class
mail, addressed to his or her residence address as set forth in the
application. The notice shall state the grounds of the complaint against
the holder of the certificate, and shall state the time and place
where the hearing shall be held. The suspension pending such hearing
shall be effective immediately upon the giving of such notice, or
the mailing thereof, as aforesaid.
D.
At such revocation hearing, the holder of the certificate shall be
given the opportunity to be heard and present facts in the certificate
holder's support, and the Township Board shall give such facts
consideration in making a determination relative to the revocation
of the certificate of registration.
E.
At the conclusion of such revocation hearing, if the grounds for
revocation of a certificate of registration have been demonstrated,
the Township Board shall order the certificate revoked and shall state
the reasons for such revocation in the minutes of the hearing.
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.
