[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.]
GENERAL REFERENCES
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:
Any "peddler," "solicitor," or "transient vendor" as herein
defined. These terms are defined as follows:
PEDDLERAny person who travels from place to place, for the purpose of displaying, offering for sale, taking orders for sale, selling, or leasing with the option to buy, any goods, property or services. "Peddler" also means any person who on the streets or alleys or open places, or in public grounds or places, sells or offers for sale, any goods, property or services. The term shall not include:
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
Any salesperson, delivery person, independent contractor operating
an established route or who has an established business relationship
with the customer.
SOLICITORAny person who travels from place to place and offers for sale, takes orders for, or attempts to take orders for the retail sale of any goods, personal property or service for future delivery. "Solicitor" also means any person who, while on a public street or while in a public place, offers for sale, takes orders for or attempts to take orders for the retail sale of any goods, personal property or service whatsoever for future delivery.
TRANSIENT VENDORAny person who sells, offers for sale, exhibits, displays, demonstrates or takes orders for the retail sale of any personal property or service whatsoever from any vehicle, conveyance, stand or temporary structure. "Transient vendor" also means any person who for a period of 30 days or less per year hires, leases, rents, occupies or uses any place or places within the Township, whether in a building or not, for the purpose of exhibiting samples or for the purpose of taking orders for future delivery or both.
A.
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.
B.
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.
C.
Issuance or denial.
(1)
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.
(2)
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.
D.
Fees.
(1)
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.
(2)
Except as otherwise provided for in this chapter, no fee required
by the provisions of this chapter, once paid, shall be refunded.
E.
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.
F.
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.
G.
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.
H.
Revocation.
(1)
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:
(a)
Fraud,
misrepresentation or false statement contained in the application
for license.
(b)
Fraud, misrepresentation or false statement made in the course
of carrying on his business as a transient merchant.
(c)
Any violation of this chapter.
(d)
Conviction of any crime or misdemeanor involving moral turpitude.
(e)
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.
(2)
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.
I.
Appeal.
(1)
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.
(2)
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.
J.
Expiration. Licenses shall expire on the date specified in the license,
not to exceed one year from date of issuance.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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:
A.
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.
B.
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.
