[HISTORY: Adopted by Board of Trustees of
the Charter Township of Northville 7-11-1991 as Ch. 71 of the Code of Ordinances;
amended in its entirety 4-6-2017. Subsequent amendments noted where applicable.]
A.
CANVASSING AND SOLICITING
CHARITABLE ORGANIZATIONS
PEDDLING
PERSON
NONPROFIT ORGANIZATION
TOWNSHIP
As used in this chapter, the following terms shall have the meanings
indicated:
Going from house to house or place to place or remaining
on public property or private property within the Township which is
not owned by the canvasser, solicitor or the employer of either for
the purpose of taking orders for or selling food products, books,
magazines, goods, wares or merchandise of any nature or for the purpose
of taking orders for or selling the installation or servicing of any
household equipment or appliances or the maintenance or installation
of any building or building improvements. This definition shall include
persons soliciting funds for donations of any kind. Newspaper deliveries,
dairy product deliverers and other persons traveling on regularly
established routes at the request, express or implied, of their customers
are not within this definition.
Any organization registered as a charitable organization
under the statutes of the State of Michigan.
Going from house to house or place to place or remaining
on public property or private property within the Township which is
not owned by the peddler or the employer of the peddler and carrying
or transporting, by person, wagon, motor vehicle or any other type
of conveyance, for the purpose of offering for immediate sale, food
products, books, magazines, goods, wares or merchandise of any nature.
An individual, partnership, corporation or any other organization.
Any organization registered as such under the statutes of
the State of Michigan.
The Charter Township of Northville.
B.
The masculine pronoun shall also stand for the feminine and neutral
pronoun throughout this chapter.
A.
It shall be unlawful for any person to solicit, canvass or peddle
in the Township without first obtaining a license in compliance with
this chapter, unless the person is a charitable organization or a
nonprofit organization.
B.
It shall be unlawful for any charitable organization or nonprofit
organization to solicit, canvass or peddle in the Township without
first registering with the Township Police Department and obtaining
a permit in compliance with this chapter.
C.
No license shall be issued until an applicant obtains the age of
18 years, except that a person between the ages of 12 and 18 years
may be issued a license if the applicant is accompanied by a sponsoring
adult at both the time of applying for the license and at the actual
time of canvassing, soliciting or peddling.
(1)
Persons under the age of 12 years shall be exempt from registering
or licensing. Each person under 12 years of age must be accompanied
by a parent or legal guardian who is licensed under this chapter when
soliciting, canvassing or peddling.
(2)
If any soliciting, canvassing or peddling is to be carried on by
a person under the age of 17 years, an approved copy of the Michigan
State Department of Labor Form No. H52, showing the approved hours
of work and the type of soliciting, canvassing or peddling to be done,
shall be attached to the application.
D.
It shall be unlawful for any person to solicit, canvass or peddle
upon any premises in the Township If anyone in control of the premises
requests the person not to do so or if a notice is placed on the premises
in a conspicuous position near the entrance indicating that the occupants
of the premises do not desire to have solicitors, canvassers or peddlers
call upon them.
A.
Application for licenses shall be made upon forms provided by the
Police Department, which shall be signed and verified under oath by
each applicant and the individual or the authorized agent for any
firm, partnership, corporation or other organization and shall, as
a minimum, contain the following:
(1)
The name, address, telephone number, date of birth, sex, color of
hair, color of eyes, weight and height of each individual or employee
who will solicit, canvass or peddle.
(2)
The name, residential address, business address and telephone number
of each partner when the applicant is a partnership.
(3)
The name, address and telephone number of incorporated applicants
and of the resident agent of the corporation. The names, residential
address, business address and telephone numbers of the principals,
officers, directors and local representatives of the corporation or
other business organization. If a foreign corporation, it must state
whether it is authorized to do business in the State of Michigan.
(4)
A brief description of the product or services involved.
(5)
For each applicant, agent or employee of an applicant under the age
of 17 years, appropriate working papers shall be filed with the Police
Department at the time of application.
(6)
A description of vehicles being used in the operation along with
the license plate number of each vehicle and a valid certificate of
insurance.
(7)
A statement by the applicant that he has never been convicted of
a felony or crime involving theft, dishonesty, false statement or
fraud.
(8)
A statement that the applicant is not disqualified to receive a license
by reason of anything in this chapter.
B.
The Township Police Department will review all applications for a
permit.
C.
A license may be denied or revoked for any of the following reasons:
(1)
The prior revocation of a license under this chapter.
(2)
An incomplete application.
(3)
Misrepresentation of any facts in the license application.
(4)
The conviction of a felony or a crime involving theft, dishonesty,
false statements or fraudulent scheme, trick or device by the applicant.
(5)
The inability of the applicant to produce a valid driver's license
or state identification card.
(6)
The failure to visibly display the permit issued by the Township
while soliciting, canvassing or peddling in the Township.
(7)
Any violation of this chapter.
D.
Any person whose license application has been denied shall have the
right to petition the Township Board for an appeal. The Township shall
grant a public hearing on the appeal and the applicant shall have
the right to appear and present evidence on his or her own behalf.
Following the hearing, the Board shall submit to the applicant a written
statement of its findings and determinations. The Board's decision
shall be based on satisfactory compliance with the requirements of
this section of this chapter.
A.
The registration for a permit shall be made on the forms provided
by the Police Department, which shall be signed and verified under
oath by the person to whom the permit will be issued. The registration
form shall, at a minimum, contain the following:
(1)
The name and address of the charitable or nonprofit organization
along with proof that the organization falls within the definitions
set forth in this chapter and is entitled to exemption from the licensing
provision of this chapter.
(2)
The name, address and telephone number of the person registering
and proof that he or she is part of that organization.
B.
A fee shall not be charged for registration.
A license fee shall be established by resolution of the Township
Board of Trustees. The Township Board may modify the established fee
schedule by resolution at any time.
A.
No license fee shall be charged to any person who sells produce which
he or she has raised himself or who has obtained the age of 65 years
or who is a newspaper deliverer or who is a veteran of state or national
military service who has been honorably discharged.
B.
Any person who has obtained a license from the State of Michigan
pursuant to 1921 Public Act No. 359 (MCL §§ 35.441
- 35.443) shall be exempt from the licensing provisions of this chapter.
C.
Anyone claiming exemption from licensing or the license fee shall
swear by affidavit to the facts which entitled him or her to an exemption,
and that affidavit shall be filed with the Police Department. All
exempt persons shall be issued a license upon approval of their license
application as provided for in this chapter.
Each license, registration or permit issued by the Police Department
shall expire at 12:00 midnight of the last day of December of each
year, unless previously terminated under any provision of this chapter.
It shall be unlawful for any person to operate as a peddler,
canvasser or solicitor without displaying the license or permit issued
by the Township. Each vehicle, conveyance or container must have a
copy of the license or permit issued to the peddler, canvasser or
solicitor attached to it so it can be seen from the outside.
A.
No person shall use any scales which do not have valid approval by
the State of Michigan, Bureau of Weights and Measures, or the City
of Detroit Department of Weights and Measures.
B.
No person shall stop in any one place longer than is necessary to
make a sale or solicitation or in any event shall not stop on private
property without the consent of the property owner and shall not stop
for a period longer than 30 minutes at a time. No person shall stop
for the purpose of selling or offering to sell any food products within
a distance of 300 feet from a public, private or parochial school
building or the lands on which those school buildings are located
in the Township on any day during which school is in session.
C.
No person operating as a solicitor, canvasser or peddler shall interfere
with traffic or permit large numbers of persons, especially children,
to congregate upon the public streets.
D.
It shall be unlawful for any person to call out or make a noise of
any kind or to use a bell, horn or other noisemaking device for the
purpose of attracting attention.
A.
All vehicles used in the sale of food products must be kept clean
and sanitary at all times; and when containing food products, they
must be kept only in places and operated in a manner which, in the
opinion of the Health Care Officer for the Wayne County Department
of Health and the Michigan Department of Agriculture, are sanitary
and wholesome.
B.
All vehicles or other conveyances used for the purpose of selling
or transportation of food products for human consumption in the Township
shall be inspected and shall carry a current, valid approval by the
Wayne County Board of Health or the Michigan Department of Agriculture
before a license is granted to the operator. The holder of a license
for whom a vehicle or other conveyance is operated shall be the person
responsible for all the conditions and requirements of this chapter.
C.
Failure to maintain the standards and requirements of the Wayne County
Board of Health or the Michigan Department of Agriculture for the
sale or transportation of food constitutes cause for revocation of
the license under which the vehicles or other conveyances are operated.
A.
No peddling or solicitation may be conducted after 6:00 p.m. or before
10:00 a.m., prevailing time.
B.
No peddler or solicitor shall enter into property which has posted
a "No Solicitation," "No Trespassing," "No Peddlers or Agents," or
"No Advertisements" sign, or its equivalent, posted in a conspicuous
and prominent location.
[Added 5-18-2017]
No license, registration or permit issued under the provisions
of this chapter shall be used or worn at any time by any person other
than the one to whom it was issued and only when engaged in the activities
for which the license, registration, or permit was issued.
No solicitor, canvasser or peddler shall operate in any public
park controlled or managed by the Township or in any public park within
the boundaries of the Township unless that person first obtains permission
from the Township Board or Wayne County.
Before a license or permit can be revoked, the Township Board
shall serve the license holder or identification card holder, by first-class
mail mailed no less than four days prior to the hearing, with a notice
of hearing which shall contain the following:
