[HISTORY: Adopted by the Township Board of Trustees of the
Township of Lawrence 4-12-2018 (Ord. No. 27 of the 2005 Code). Amendments noted
where applicable.]
An ordinance to preserve the peace and to protect the public
health, safety and welfare of the citizens of Lawrence Township, Van
Buren County, Michigan, by regulating solicitors, transient merchants,
door-to-door salespersons, roadside stands, street vendors and other
temporary businesses.
This chapter shall be known and cited as the "Lawrence Township
Peddlers and Solicitors Ordinance."
It is the purpose of this chapter to prevent, reduce, and eliminate
the hazards and nuisances created by individuals selling goods or
services outside in areas visible to the public.
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
Any person who sells or offers for sale any goods (except
food and produce), products, wares, merchandise or services, by traveling
to more than one address in the Township or selling from roads and
rights-of-way within the Township.
Collectively the businesses of a seller.
For purposes of this chapter, "seller" collectively refers
to peddlers, solicitors, temporary business, and yard sales.
Any person who sells or offers for sale any goods (except
food and produce), products, wares, merchandise or services inside
a permanent structure, unless said sales or offers are pursuant to
a business in compliance with Township zoning requirements[1] and other applicable law.
Any person who sells or offers for sale any goods (except
food and produce), products, wares, merchandise or services, outside
of a permanent structure unless said sales or offers are pursuant
to a business in compliance with Township zoning requirements and
other applicable law.
A.
Peddlers and solicitors, temporary businesses and yard sales shall
not operate within the Township without first obtaining a permit in
compliance with the provisions of this chapter.
B.
These restrictions and definitions apply regardless to the zoning district. For example, a sale of machine parts outside a permanent structure in a commercial zoning district is a yard sale and must comply with the provisions of this chapter unless in compliance with Chapter 1, Zoning, and other ordinances.
Persons required to obtain a license shall apply for it at the
office of the Township Clerk. Each individual peddler, solicitor,
temporary business, or yard sale seller will apply for a permit and
provide a valid driver's license or state ID.
A permit fee, set by the Township Board, shall be paid in full
prior to issuance of the permit.
A permit is not required for an individual selling on behalf
of a nonprofit, religious organization, locally recognizable charitable
organization, or other organization approved by the Township Board.
The seller must provide the name, address, and phone number of the
organization for the exemption to apply. The seller must not receive
a portion of the proceeds of any sales.
A.
The Township Clerk shall approve or deny all applications for permits.
(1)
Persons delinquent on property taxes, with unpaid civil costs or
fines, or with a previous violation of an ordinance in the last five
years may not obtain a permit;
(2)
No person may obtain more than five permits in a calendar year;
(3)
No real property or vehicle within the Township may be used in conjunction
with a sale more than five times per year;
B.
The person whose permit has been denied shall have the right to appeal
to the Township Board within seven days of the denial. The Township
Board shall have the right to waive the denial of the permit and any
requirements herein.
All permits shall be issued with a start and end date not to
exceed three calendar days.
All goods, products, wares, merchandise, services, advertisements
thereof, or equipment or furniture used in conjunction with any sales,
shall be stored inside of a permanent structure or completely enclosed
vehicle from 9:00 p.m. to 7:00 a.m., and no sales may occur during
that period.
Any person issued a permit under this chapter shall display
the same upon demand of any individual, whether Township official,
citizen of the Township, or other individual.
The terms of this chapter shall in no manner alter the interpretation
or requirements of any other chapter of the Code of the Township of
Lawrence, whether the person is licensed or exempt under this chapter,
shall comply with all applicable provisions of the Township's Zoning,
Sign and Building Codes.[1] The Township Clerk may require evidence of compliance
with the codes prior to or after issuing a permit.
All vehicles, persons, structures, furniture, equipment, goods,
products, advertisements, and anything else used in conjunction or
associated with a sale must not obstruct the free flow of traffic
or pedestrians, whether directly or indirectly, including by attracting
individuals to the sale location, and must move upon request of Township
officials and agents. Sales are not to be in a loud voice or use any
noisemaking device.
The Township Clerk may place such reasonable restrictions upon
the location, hours, provisions for parking, ingress or egress or
methods of operation of any peddler, solicitor, temporary business,
or yard sale permit issued herein deemed necessary to protect the
general public health, safety or welfare. The restrictions may be
imposed, modified or withdrawn at the time of licensure or any point
thereafter.
Any person found to have violated this chapter by a court of competent jurisdiction is responsible for a municipal civil infraction under Chapter 25, Municipal Civil Infractions, of the Code of the Township of Lawrence.
