[HISTORY: Adopted by the Township Board of Trustees of the Charter Township of Pittsfield 2-25-2015 by Ord. No. 317 as Ch. 18 of the 2015 Pittsfield Charter Township Code. Amendments noted where applicable.]
Secondhand goods — See Ch. 24.
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:
- TRANSIENT MERCHANT
- Any "peddler," "solicitor," or "transient vendor" as herein defined. These terms are defined as follows:
- (1) Any person selling or offering for sale goods, wares or merchandise that he has grown, raised or manufactured, excepting when other goods not of his own raising, growing or manufacturing are also offered for sale by him; or
- (2) Any salesperson, delivery person, independent contractor operating an established route or who has an established business relationship with the customer.
Required. No person shall engage in the business of being a transient merchant within the Township without first obtaining a license as provided in this section.
Application. Persons desiring a license as provided for in this chapter shall file an application in a form prescribed or provided by the Township Clerk.
Issuance or denial.
Upon filing of such application, the Township Clerk shall determine whether such application conforms to the requirements of this chapter. If the Township Clerk denies issuance of such license, the Clerk shall give written notice of denial to the applicant that includes a statement of reasons for such denial.
If the Township Clerk determines that such application conforms to the requirements of this chapter, he shall endorse on the application his approval, and upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license. Such license shall contain the signature and seal of the issuing officer and show the name, address and photograph of the licensee, and the kind of goods to be sold under the license, the amount of fee paid, the date of issuance and the length of time the license shall be operative, as well as the license number and other identifying description of any vehicle used by the transient merchant in the furtherance of his business. The Township Clerk shall keep a record of all licenses issued and retain license records as designated on the approved State of Michigan Records Retention and Disposal Schedule.
The application fee shall be set forth in the Township fee schedule. The application and license fee shall be paid prior to the issuance of a license pursuant to the provisions of this chapter.
Except as otherwise provided for in this chapter, no fee required by the provisions of this chapter, once paid, shall be refunded.
Period of license. Licenses may be issued for a term of a specified number of days, weeks, months or one year; but in no event shall a license be issued for a period exceeding one year.
Transfer. No license issued under the provisions of this section shall be used at any time by any person other than the one to whom it was issued.
Exhibition. Transient merchants licensed under this chapter shall exhibit such license upon request of any peace officer or person with whom such transient merchant is dealing in the course of such peddling transient merchant operations.
Licenses issued under the provisions of this chapter may be revoked by the Township Clerk after notice and hearing, for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for license.
Fraud, misrepresentation or false statement made in the course of carrying on his business as a transient merchant.
Any violation of this chapter.
Conviction of any crime or misdemeanor involving moral turpitude.
Conducting business as a transient merchant in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
The Clerk shall notify the transient merchant of the revocation by first class mail, addressed to the transient merchant at the address provided by the transient merchant. The Clerk may also notify the transient merchant by e-mail or other electronic means.
Any person aggrieved by the action of the Township Clerk in the denial of an application for license or revocation of a license under this chapter shall have the right of appeal to the Township Board of Trustees. Such appeal shall be taken by filing with the Township Board of Trustees within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Township Board of Trustees shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant.
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least seven days prior to the date set for hearing.
Expiration. Licenses shall expire on the date specified in the license, not to exceed one year from date of issuance.
Unlawful entry. Entering a private residence in the Township by a transient merchant under false pretenses, for the purpose of soliciting; remaining in a private residence or on the premises after the owner or occupant shall request any such transient merchant to leave; or going in and upon private premises when the owner or occupant has displayed a "no soliciting" sign on such premises is an unlawful practice.
Loud noises and speaking devices. No transient merchant, 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 Township or upon any private premises in the Township where sound of sufficient volume is emitted or produced 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, property or services the licensee proposes to sell, and to cause a complaint to disturb the peace, between dusk and 9:00 a.m.
Use of streets. No transient merchant shall have any exclusive right to any location in the public streets, alley or public place nor shall any 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 chapter, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. No person shall engage in the business of being a transient merchant on any street, alley or public place after having been requested to stop such activity at that location by any police officer because of congested or dangerous traffic conditions.
Fixed stands. No transient merchant shall stop or remain in any one place upon any street, alley or public place longer than necessary to make a sale to a customer wishing to buy. Any transient merchant using a vehicle, when stopped, shall place his vehicle parallel to and near as possible to the curb, and shall depart from such place as soon as he has completed sales with customers actually present.
Adjacent to property, schools. No person, whether licensed pursuant to this chapter or not, shall remain, barter, sell, offer or expose for sale any goods, property or services adjacent to any property against the wishes of the occupant, tenant or property owner of such property or within 500 feet of the entrance to any school building during the hours when school is in session.
Any person who shall engage in the business of transient merchant without a license, and any person who shall knowingly make a false statement in written application for such license, and any person committing any unlawful practice contrary to § 18-3, and any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, be punished in accordance with § 2-41.
Authority. Any Township police officer or Township Code Enforcement Officer may require any person seen conducting business as a transient merchant to produce his transient merchant license, and said officer may enforce the provisions of this chapter against any person found to be violating the chapter.
Records. Any officer or employee of the Department of Public Safety shall report to the Township Clerk all citations issued for violation of this chapter, and the Township Clerk shall maintain a record for each license issued and record the reports of violation in such records.
The following shall be exempt from the licensing requirements of this chapter, but shall be subject to the other provisions hereof:
Any person under 18 years of age, when engaged in the business of being a transient merchant in the neighborhood of his or her residence under the direction of any school or recognized charitable organization or religious organization.
Any person exempt from the licensing requirements of this chapter by virtue of state or federal law.
No transient merchant shall call at any dwelling or residence between the hours of dusk and 9:00 a.m. on any day of the week without an appointment.
No transient merchant shall call without an appointment at any dwelling or residence where a sign is displayed stating "no peddlers," "no solicitors," "no salesmen," "no trespassing" or words of similar meaning or import.