[Adopted 4-18-2016 by Ord. No. 123[1]; amended in its entirety 4-20-2020]
[1]
Editor’s Note: This ordinance repealed former Art. VII, Door to Door Vendors, Solicitors and Salespersons, adopted 5-6-2002 by Ord. No. 101.
This article shall be known and cited as the "Charter Township of Blackman Door to Door Vendors, Peddlers, Solicitors, and Salespersons Ordinance."
A. 
It is hereby determined that the regulation of solicitation and peddling is sufficiently connected to the Township's interest in preventing crime and protecting citizens' quiet enjoyment and peace as to warrant regulation, but such regulation should not prohibit otherwise lawful and constitutionally protected activity.
B. 
It is also determined that a connection exists among evening solicitation and the disruption of citizens' quiet enjoyment and peace such that reasonable limits on solicitation between 9:00 a.m. and sunset, Mondays through Saturdays and between 11:00 a.m. and 6:00 p.m. on Sundays is warranted.
C. 
It is further determined that the Township has no other less restrictive means available to achieve its objectives but through reasonable regulation.
D. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D, regarding time restrictions, was repealed 12-20-2021. See now § 55-50.7.
E. 
The investigation and licensing fees provided herein are levied to defray the costs of regulation and not to place an undue burden on interstate commerce.
F. 
It is expressly the purpose of this article to provide for and promote the safety and welfare of the general public and not to create or designate any particular class of persons who will or should be specially protected by its terms.
As used in this article, the following terms shall have the meanings indicated:
CHARITABLE OR RELIGIOUS ORGANIZATION
Charitable trusts registered with the state of Michigan or organizations who have received designation under 26 U.S.C. § 501(c)(3).
DOOR TO DOOR SALESPERSON, VENDOR, PEDDLER OR SOLICITOR
A person selling goods or services; or offering to sell goods or services to be delivered in the future; or obtaining information to be used by another in the sale or offer of sale of any goods or services; or requesting donations of money, goods or services; and who pursues these activities by traveling from door to door, street to street, or place to place.
PRINCIPAL (of an organization engaged in peddling or soliciting)
A person organizing, supervising or managing peddlers or solicitors.
A. 
It is the specific intent of this article to place the obligation of complying with its terms on the licensee, and no provision of this article is intended to impose any duty upon the Township, its officers, elected officials, agents, or its employees.
B. 
Nothing contained in this article is intended to be nor shall be construed to create any liability on the part of the Township or its officers, elected officials, agents, or employees for any injury or damage resulting from the failure of the licensee to comply with the provisions of this article, or by reason or consequence of any act or omission in connection with the implementation or enforcement of this article on the part of the Township or its employees.
Unless as qualified below, this article does not apply to:
A. 
Persons dealing with only merchants, businesses or professional consumers.
B. 
Newspaper carriers, state-licensed insurance and real estate agents, or advertising salespersons calling on commercial enterprise or a sale under court order.
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, regarding farm products, was repealed 12-20-2021.
D. 
Persons under the age of 18, unless employed by another person or organization.
E. 
Honorably discharged members of the Armed Forces of the United States, as to the licensing, application, fees, revocation, appeal and exhibition provisions of §§ 55-50 through 55-52.6, provided they comply with the provisions of Act 359 of the Public Acts of 1921, as amended, being MCLA 35.441 et seq., and the sales by the member are those exempted by that Act.
F. 
Persons campaigning for or on behalf of a political candidate or cause for an elective office, a ballot proposal, or an initiative.
G. 
The provisions of this section shall not apply to any charitable or religious organization or any other organization qualified under 26 U.S.C. § 501(c).
It is unlawful for a person to peddle or solicit within the Township's limits without having a current and valid peddlers/solicitors license, as provided in this article.
Applicants for a license under this article must file a written application on a form provided by the Township Board of Trustees. The application must be filed with the Township Clerk's office and contain the following information:
A. 
Name, date of birth, and a color copy of the driver's license or state- issued identification card of the applicant, if available.
B. 
Permanent home address, and if applicable, full local address of the applicant.
C. 
A brief description of the nature of the business and goods to be sold.
D. 
Length of time for which the right to do business is desired.
E. 
Name and address of the employer or parent organization the applicant is representing. An applicant is exempt from this requirement if a principal for the organization being represented has already supplied this information on an application for a license under this article for the same time period.
F. 
Signature of the applicant authorizing an investigation of the applicant.
G. 
Description and license plate number(s) of the vehicle(s) used by the applicant(s) when peddling or soliciting.
A. 
Upon receipt of a completed written application for a license under this article, the original application may be referred by the Township Clerk to the Public Safety Department for investigation of the applicant.
[Amended 12-20-2021]
The applicant shall pay a fee to cover the costs of the background investigation. Fees for license and duration of said license shall be as provided for by resolution of the Township Board but shall not be less than $250.
[Amended 12-20-2021]
All licenses shall expire at the end of the calendar year issued, unless a different date has been approved by the Township Clerk. No license shall be issued for more than one year.
The Township Clerk's office shall issue a license upon receipt of the application, payment of the prescribed license fee and approval of the application.
Licenses issued under this article may be revoked by the Township Clerk, subject to appeal pursuant to this article. Licenses may only be revoked for good cause, including, but not limited to, the following:
A. 
Fraud, misrepresentation, or false statements contained in the application for license.
B. 
Fraud, misrepresentation, or false statements made in the course of carrying on the business of peddling or soliciting.
C. 
Any violation of this article.
D. 
Any felony or misdemeanor conviction directly related to the fitness of a licensee to carry on the activities of peddling or soliciting.
E. 
Conducting business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a threat to the health, safety, or welfare of the general public.
Any person aggrieved by denial or revocation of a license may file an appeal with the Township Board. The notice of appeal must be filed within 14 days after notice of the denial or revocation has been mailed to the person's last known address. The request must be in writing and must explain the grounds for appeal.
All licenses issued, or a genuine copy, must be carried with the licensee at all times.
A. 
A peddler or solicitor, whether exempt from the provisions of licensing or not, shall not engage or attempt to engage in activity at any home, residence, apartment, apartment complex, or business that displays a "No Solicitors" or other similar sign, or otherwise provides notice that the occupants do not desire to be contacted by them.
B. 
It is also determined that a connection exists among evening solicitation and the disruption of citizens' quiet enjoyment and peace such that reasonable limits on solicitation between 9:00 a.m. and sunset, Mondays through Saturdays, and between 11:00 a.m. and 6:00 p.m. on Sundays, is warranted. A peddler or solicitor shall not engage in the act of peddling or soliciting other than the hours as provided in this article.
[Amended 12-20-2021]
C. 
A peddler or solicitor shall not intentionally obstruct vehicular or pedestrian traffic.
D. 
Unless specifically approved by the Township, no peddling or soliciting shall occur on any Township park or Township property.
A. 
In addition to the exhibition of license requirements in this article, any person peddling or soliciting shall be required to produce his or her peddler's or solicitor's license if requested to do so by any police officer or public safety officer. In the absence of a license, the person shall be required to provide information reasonably necessary to verify a claim of exemption from this article.
B. 
Any police officer or public safety officer shall enforce the provisions of this article against any person found to be violating it, and failure to produce a license or information necessary to verify a claimed exemption under this article shall constitute probable cause for enforcement action.
C. 
In addition to the other penalties provided, any person, firm, or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each occurrence thereof, and upon conviction of such violation such person shall be punishable by a fine of not more than $500 or up to 90-days in jail, or both. Each day in violation beyond notification of violation constitutes a separate violation and may incur the fine portion of the penalty.
If a court of competent jurisdiction declares any provision of this article to be unenforceable, in whole or in part, such declaration shall only affect the provision or section held to be unenforceable and shall not affect any other part, provision, or section; provided that if a court of competent jurisdiction declares a penalty provision to exceed the authority of the Township, the penalty shall be construed as the maximum penalty that is determined by the court to be within the authority of the Township to impose.