[HISTORY: Adopted by the Township Board of the Charter Township
of Huron 7-13-1983 by Ord. No.
83-3 (Part 22 of the 1995 Compilation of Ordinances).
Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 530.
This chapter shall be referred to as the "Flea Market Ordinance."
Pursuant to authority of Public Act 1945, Act 246, as amended,[1] it is the purpose of this chapter to protect the health,
safety and welfare of the people of the Township of Huron by regulation
of the business of operating a flea market or other casual sale conducted
in whole or in part outside a building so that the outdoor gathering
of persons and vehicles is controlled and parking provided, so that
adequate safety and sanitary facilities are maintained by the operator
thereof, so that overnight camping at such flea market is prohibited,
so the hours of operation are regulated, and so that the public peace
is preserved.
[1]
Editor's Note: See MCLA § 41.181 et seq.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, firm or corporation who owns or leases and has
control and possession of the premises at which the activity of flea
market is conducted.
Any facility from which members of the public at large are
allowed to conduct the activity of sale, barter, trade and/or exchange
of goods, second hand articles, antiques or other tangible personal
property from outdoor or partially outdoor stands, counters, pavilions,
tents or buildings, when such activity is conducted at the facility
more than three days per calendar year.
The sale of any new or used personal property which sale is conducted on or about the premises of a private residence or in a residential area as defined by Chapter 530, Zoning, by the owner or occupant thereof or with the permission of such owner or occupant and which sale is open to the public.
It shall be unlawful for any flea market operator to conduct
the business of a flea market unless a license is obtained therefor
as provided hereunder.
Any person, firm or corporation desiring to conduct a flea market
operation shall file a written application with the Township Clerk
on a form to be furnished by the Township Clerk. The applicant shall
accompany the application with a tender of the correct permit fee
as hereinafter provided and shall in addition furnish the following:
A.
The type of ownership of the business, i.e., whether individual,
partnership, corporation or otherwise;
B.
The name, style and designation under which the flea market operation
is to be conducted;
C.
The business address and all telephone numbers where the business
is to be conducted;
D.
The following personal information concerning the applicant, if an
individual; and concerning each stockholder holding more than 10%
of the stock of the corporation, each officer and each director, if
the applicant is a corporation; and concerning the partners, including
limited partners, if the applicant is a partnership; and concerning
the manager or other person principally in charge of the operation
of the business:
(1)
Name, complete residence address and residence telephone numbers.
(2)
The two previous addresses immediately prior to the present address
of the applicant.
(3)
Written proof of age.
(4)
The business experience of the individual, including, but not limited
to, whether or not such person has ever had a business permit or license
denied, revoked or suspended and the reason therefor.
(5)
All criminal convictions other than traffic violations fully disclosing
the jurisdiction in which convicted and the offense for which convicted
and the circumstances thereof.
E.
The applicant shall furnish information as may be required by the
Police Department, Fire Department and Building Department of the
Township relating to the location where the operation shall be conducted.
Such information shall include the type of construction, arrangement
of stalls and aisles, location of electrical wiring, location of exits,
location of fire equipment, location of parking lots showing the number
of usable spaces, location of sanitary facilities for the use of persons
on the premises, as well as such other relevant information as the
Police Department, Fire Department and Building Department may require.
F.
Written declaration by the applicant, under penalty of perjury, that
the foregoing information contained in the application is true and
correct, said declaration being duly dated and signed in the Township
of Huron.
No flea market license may be granted pursuant to this chapter
unless the following conditions have been satisfied or unless the
condition is waived by the Township Board for good cause shown.
A.
No signs advertising a sale regulated by this chapter shall be placed
on public property or within the public right-of-way or on any utility
pole or on any private property, except that one sign advertising
the sale may be placed on the property of the owner.
B.
The license authorizing such sale shall be displayed in some prominent
place, clearly visible from the street, at the location where the
sale is being conducted.
C.
Sales regulated by this chapter shall not be conducted in temporary
structures.
D.
No sales regulated by this chapter shall be conducted in public parks.
E.
The minimum area of the site shall be 25,000 square feet with a minimum
street frontage of 100 feet.
F.
A five-foot fence or wall shall be constructed along the rear and
sides of the lot, capable of keeping paper and other debris from blowing
off the premises.
G.
A flea market shall provide suitable health, sanitary and toilet
facilities.
H.
Lighting shall be installed in a manner which will not create a traffic
hazard on abutting streets or a glare or direct illumination onto
adjacent properties.
I.
Off-street parking areas shall be paved or hard-surfaced or have
an acceptable substitute surface.
J.
No overnight camping or camping in campers, mobile homes, tents or
motor homes shall be permitted upon any premises where such flea market
sales are being conducted.
A license fee in the amount determined by the Township Board
shall be paid to the Township of Huron at the time of submittal of
the application for a flea market license, which license shall continue
in effect from the date of issuance until December 31 of that year.
Upon receipt of the application for license, the Clerk shall
refer the same to the Fire Department, Police Department and the Building
Department, who shall review the same and determine whether the conditions
of this chapter have been complied with and whether all other pertinent
existing state and local fire, safety and building regulations have
been satisfied. Thereafter, a written report thereon by each agency
shall be submitted to the Clerk. After consideration of the reports
submitted by the above agencies and after review of the application
submitted and any other pertinent information, the Township Clerk
shall issue the license if all provisions of this chapter have been
satisfied. The Township Clerk shall deny issuance of the license if
any provision of the chapter is not complied with and shall immediately
notify the applicant in writing of the reasons for denial. The application
shall be either approved or denied within 30 days of receipt of the
application unless the Township Clerk can clearly demonstrate the
need for additional time for review.
The following are exempted from the regulations of this chapter:
A.
Persons selling goods pursuant to an order of a court of competent
jurisdiction.
B.
Persons acting in accordance with their powers and duties as public
officials.
C.
Any persons conducting a garage sale, attic sale, lawn sale or rummage sale, as defined in § 283-3 hereof.
D.
Any sale regulated under any other provisions of the ordinances of
the Township of Huron.
E.
Any bona fide charitable, eleemosynary, religious, educational, cultural
or governmental institution; provided, however, that the burden of
establishing the exemption under this subsection shall be on the organization
or institution claiming such exemption.
F.
Auction by lawfully qualified auctioneer.
The Township Clerk shall have the power to revoke the license
granted pursuant to this chapter at anytime for any of the following
causes:
A.
License holder committed a fraud, misrepresentation or false statement
contained in the application for license.
B.
License holder committed significant violation of this chapter.
C.
License holder conducted business in an unlawful manner or in such
a manner so as to constitute a serious and significant breach of the
peace or a serious and significant threat to the health, safety or
general welfare of the public.
Should an applicant be denied a license or should a license
holder have a license revoked, he may appeal that action to the Board
of trustees by submitting a letter to the Township Clerk's office.
Such appeal must be filed within 10 days of the action complained
of or the applicant or license holder waives his appeal rights. A
hearing on the denial or revocation will then be scheduled for the
next regular meeting of the Board or a special meeting to be held
within 15 days of the appeal. The Board will render a written decision
on the appeal within 10 days of said hearing.
Any person, firm, group, corporation, or organization violating
any of the provisions of the chapter shall upon conviction thereof
be subject to a fine of not more than $500 or imprisonment for a period
of not more than 90 days, or to both such fine and imprisonment, in
the discretion of the court.
