The City of Fennville finds that solicitors, also known as peddlers, and door-to-door salespeople, can provide an avenue to purchase goods. However, there is a need for regulating the time, place, and manner of such activities so that they are not a nuisance on City residents, businesses, and activities of the City in general.
[HISTORY: Adopted by the City Commission of the City of Fennville 4-21-2025 by Ord. No. 2025-02. Amendments noted where applicable.]
Used in this chapter, the following terms shall have the meanings indicated:
Any tangible or intangible item for sale, including but not limited to food items, magazine or newspaper subscriptions, satellite dishes, clothing items, furniture, jewelry, stocks, securities, etc.
Any person, whether or not a resident of the City of Fennville, traveling by foot, wagon, motorized vehicle or other type of conveyance, who engages in the business or activity of selling goods from door to door, place to place, or street to street in the City of Fennville. "Peddler" shall also include a person who solicits services to be performed, or who solicits orders for goods and as a separate transaction makes deliveries to purchasers.
An individual. If a person applying for a peddler's license is employed by or acting on behalf of a firm, association, company or corporation or other entity, the firm, association, company, corporation or entity and its employees, partners, officers or agents that are engaged in the activity to be licensed or in supervising the same shall be bound by the requirements of this chapter to the same extent as the person receiving the license.
The sale or attempted sale of any goods or services, which includes the taking of orders for goods or services to be delivered later.
Peddlers and solicitors are authorized to engage in peddling/soliciting their product/service in the public areas of the City, except where otherwise prohibited, upon receipt of a license.
A.
The Fee Schedule will be determined by the City Commission from time to time.
B.
The license period will be one year from the date of issue. Renewal of the license must be filed with the City two weeks before end date of license.
C.
There shall be one business per license issued.
D.
There shall be a limit of five people per business per license issued.
E.
During the license application process the City Clerk shall keep a record of the applicant, as well as the people that will be permitted to peddle under the license.
A.
Peddlers/solicitors are authorized to engage in peddling/soliciting their product/service in the public areas of the City, except where otherwise prohibited, upon receipt of a license.
B.
The City Administrator, or their designee, shall have the right to designate such streets, sidewalks, districts or areas wherein it shall be unlawful for any licensee to conduct or operate their business. Such designation can be made for reasons of congested pedestrian/vehicular traffic conditions, the character of the neighborhood or if the conduct of such business constitutes a public nuisance. All traffic and parking regulations must be adhered to.
Peddlers/solicitors are prohibited from the following:
A.
Obstructing any street, alley, sidewalk or driveway, except as may be necessary and reasonable to consummate a sale or take orders; selling to persons standing in roadways, to vehicles at red lights and to vehicles in moving traffic lanes; engaging in business on any state trunk line highway or county road within the City; engaging in peddling/soliciting after having been requested to desist by any authorized officer because of congested or dangerous traffic conditions.
B.
Remaining, bartering, selling, offering or exposing for sale any product/service in front of or at the side of any property against the wish or desire of the property owner/tenant/occupant of such property or within 500 feet of the entrance to any school building while school is in session.
C.
Entering a private residence under pretenses other than for peddling/soliciting or remaining in a private residence or on the premises after the owner or occupant has requested any such person to leave; going in a private residence when the owner/occupant has displayed a no peddling/soliciting sign on such premises; peddling/soliciting at a private residence prior to 9:00 a.m. or after 8:00 p.m.
D.
Peddling/soliciting on a street or within an area which has been closed by the City for an art fair, street fair or other special event, except with permission from the City or the special event organizer.
E.
No peddler/solicitor will be granted exclusive rights to a specific location under the provisions of this chapter.
A.
Any peddler desiring to engage in solicitation in the City shall submit a completed permit application to the City Clerk for a permit under this chapter. The applicant shall truthfully state, in full, all information requested on the application for a permit issued by the City Clerk's office. Additionally, the applicant shall provide all documentation as required by this chapter or by the application form. The application for a permit shall be accompanied by a fee upon submission, as required by this chapter and set from time to time by resolution of the City Commission.
B.
Upon receipt of a permit application the City Clerk, and other City staff as necessary, shall review the application and provide notice of approval or disapproval to the applicant within 30 days. Applications which are correctly filled out in full, and whose applicants meet all of the requirements set by this chapter, shall be approved.
The following shall be exempt from this chapter in its entirety:
A.
Any established business which sells a product/service at a permanent location within the City or is a veteran or exempt organization (as defined in § 284-7F) shall be exempt from payment of licensing fees only. All other provisions of this chapter apply.
B.
Newspaper salespeople or delivery persons.
C.
People traveling on an established route at the request, expressed or implied, of their customers.
D.
Salespersons calling on business establishments.
E.
Any person under 18 years of age when engaged in peddling on foot in the City under the direct supervision of any school or recognized charitable or religious organization.
F.
All religious, charitable organizations, or school solicitation activities are exempt under this chapter.
Regardless of permit holding status, mobile food vendors shall not operate within City boundaries during designated special events as specified by resolution of the City Commission. Mobile food vendors expressly approved for operations by special event organizers are exempt from this prohibition. Event organizers may approve limited hours of operation for a mobile food vendor during a special event. Such limited approval shall not be interpreted as allowing for operations for the entire duration of the special event.[1]
Any person that violates this chapter shall be responsible for a municipal civil infraction, subject to the penalties described in Chapter 35, Municipal Civil Infractions, of the Code of the City of Fennville.
A.
If a written complaint is filed with the City Clerk by an Ordinance Enforcement Officer or citizen alleging a peddler has violated the provisions of this chapter, the City Clerk shall promptly send a copy of the written complaint to the peddler together with a notice that an investigation will be made by the City Clerk, with the assistance of other City departments, as required, as to the truth of the complaint. The peddler shall be invited to respond to the complaint and present evidence and respond to evidence produced by the investigation. If the City Clerk, after reviewing all relevant material, finds the complaint to be supported by a preponderance of the evidence, the complaint shall be certified.
B.
The City Clerk may revoke or suspend the license of any peddler vendor engaged in solicitation who ceases to meet any requirement of this chapter or violates any other federal, state, or local law, ordinance, or regulation; makes a false statement on the permit application; or conducts activity in a manner that is adverse to the protection of the public health, safety, and welfare as evidence in a complaint certified pursuant to § 284-10A.