[HISTORY: Adopted by the Board of Supervisors of the Township of Marshall 1-3-1984 by Ord. No. 160b. Amendments noted where applicable.]
[Amended 4-25-2005 by Ord. No. 357]
It is the purpose of this Chapter to regulate peddlers, solicitors and canvassers, roadside vendors, transient merchants and itinerant vendors who come to Marshall Township to sell or attempt to sell, to take orders or attempt to take orders or to solicit contributions, pledges or subscriptions or attempt to solicit contributions, pledges or subscriptions, such regulation being in the interest and for the protection of residents of Marshall Township and in furtherance of the prevention of crime and fraud and to facilitate the privacy of the residents of Marshall Township and further requiring license fees to offset the cost of regulation and administration of this Chapter.
[Amended 10-14-2002 by Ord. No. 341; 4-25-2005 by Ord. No. 357]
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
CANVASSER
See "solicitor."
CHIEF OF POLICE
The Chief of Police of the Pine-Marshall-Bradford Woods Police Department or its successor.
CLERK
The Clerk of the Pine-Marshall-Bradford Woods Police Department or its successor.
DEPARTMENT
The Pine-Marshall-Bradford Woods Police Department or its successor.
ITINERANT VENDOR
See "transient merchant."
PEDDLER
Any person, whether a resident of Marshall Township or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance from place to place, from house to house or from street to street, carrying, conveying or transporting goods, wares, merchandise, fish, vegetables, meats or fruits, offering and exposing the same for sale or making sales and delivering articles to purchasers or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car or other vehicle or conveyance, and further provided that one who solicits orders and as a separate transaction makes delivery to purchasers as part of a scheme or design to evade the provisions of this Chapter shall be deemed a "peddler" subject to the provisions of this Chapter. The word "peddler" shall include "hawker" and "huckster".
PERSON
Includes an individual, corporation, partnership, incorporated association or any other similar entity.
ROADSIDE VENDOR
Any person, whether a resident of Marshall Township or not, offering for display or sale goods, wares, merchandise, or personal property of any nature whatsoever from any parking lot, street, road, alley, or highway in Marshall Township. All Roadside Vendors are required to get a zoning permit as a condition of receiving a license.
SOLICITOR or CANVASSER
Any person, whether a resident of Marshall Township or not, traveling by foot, wagon, automobile, motor truck or any other type of conveyance from place to place, person to person, house to house or from street to street, taking or attempting to take orders for the sale of goods, wares and merchandise or personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future or for subscriptions, contributions or any other kind of support, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether such person is collecting advance payments on such sale or not, provided that such definition shall include any person who, for himself or for another person, firm or corporation, hires, leases, uses or occupies any building, structure, room, apartment, shop or any other place within Marshall Township for the sole purpose of exhibiting samples and taking orders for future delivery.
TRANSIENT MERCHANT or ITINERANT VENDOR
Any person, whether as an owner, agent, consignee or employee, whether a resident of Marshall Township or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within Marshall Township and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, room, apartment, shop or any other place within Marshall Township for the exhibition and sale of such goods, wares or merchandise, either privately or at public auction. The person so engaged shall not be relieved from compliance with the provisions of this Chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer or by conducting such transient business in connection with, as a part of or in the name of any local dealer, trader, merchant or auctioneer.
[Amended 4-25-2005 by Ord. No. 357]
It shall be unlawful for any person to engage in the business of peddler, solicitor, canvasser, roadside vendor, transient merchant or itinerant vendor, as defined in Section 135-2 of this Chapter, within Marshall Township without first obtaining a license and/or permit therefore as provided in this Chapter.
A. 
Roadside vendors are prohibited from offering for display or sale goods, wares, merchandise, or personal property of any nature whatsoever from the right-of-way, of any street, road, alley, or highway in Marshall Township.
B. 
The following requirements are placed on roadside vendors operating from any parking lot or open space adjacent to, or in view of any street, road, alley, or highway in Marshall Township.
(1) 
All roadside vendors, prior to the issuance of a license, must have an approved roadside vending zoning permit issued by the Marshall Township Zoning Officer.
(2) 
The following items are necessary to receive a roadside vending zoning permit:
(a) 
A "to scale" drawing showing accurate dimensions of the proposed location of the roadside vending relative to property lines and onsite location of any buildings and parking and the required fee shall accompany the permit application.
(b) 
Roadside vending can only take place in a zoning district approved for retail sales.
(c) 
All parking, setback, impervious surface ratio, and other requirements for the zoning district in which the proposed roadside vending is located must be met.
(d) 
The proposed roadside vending cannot adversely affect traffic circulation within the site or on any street, road, alley, or highway adjacent to or in view of the site.
(e) 
The parking of storage trailers is not permitted from any parking lot or open space adjacent to, or in view of, any street, road, alley, or highway.
The terms of this Chapter, as defined in Section 135-2, shall not be held to include the acts of persons selling personal property at wholesale to dealers in such articles, nor to newspaper persons, nor to the acts of merchants or their employees in delivering goods in the regular course of business, nor to Marshall Township residents selling belongings in a yard, garage, or trunk sale, nor shall the terms of this Chapter be held to include or apply to any farmer or truck gardener who shall vend, sell or dispose of the products of the farm or garden occupied and cultivated by him from premises occupied by him; nor shall it apply to any manufacturer or producer in the sale of bread and bakery products or milk and milk products. Nothing contained in this Chapter shall be held to prohibit any sale required by statute or by order of any court or to prevent any person conducting bona fide auction sale pursuant to law.
[Amended 10-5-1994 by Ord. No. 263]
A. 
For a license under this Chapter, the applicant must file with the Clerk a sworn application, in writing, on a form to be furnished, which shall give the following information:
(1) 
The name and physical description of the applicant.
(2) 
The complete permanent home and full local address of the applicant and, in the case of transient merchants and itinerant vendors, the local address from which proposed sales will be made.
(3) 
A brief description of the nature of the business and the goods to be sold.
(4) 
If employed, the name and address of the employer and the name and address of the employee's immediate supervisor, together with credentials establishing the exact employment relationship.
(5) 
The length of time for which the right to do business is desired.
(6) 
If a vehicle is to be used, a description of the same, together with the license number or other means of identification.
(7) 
The source of supply of the goods or property proposed to be sold or orders taken for the sale thereof and the proposed method of delivery.
(8) 
A recent photograph of the applicant which shall be approximately two by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner.
(9) 
A statement as to whether or not the applicant has been convicted of any crime or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
B. 
At the time of filing the application, a license application investigation fee as provided in Chapter 71, Fees, shall be paid to the Clerk to cover the cost of the investigation.
A. 
Upon receipt of such application, the original shall be referred to the Chief of Police, who shall cause such investigation of the applicant's business and moral character to be made as he or she deems necessary for the protection of the public good.
B. 
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his or her disapproval and his or her reasons therefor and return said application to the Clerk, who shall notify the applicant of the disapproval and that no license will be issued.
C. 
If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on such application his or her approval and return said application to the Clerk, who shall, upon payment of the prescribed fee, execute and deliver to the applicant a license for the carrying on of the business applied for.
D. 
Such license shall contain the signature of the Clerk and shall show the name, address and photograph of said licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle to be used.
E. 
The Clerk shall keep a permanent record of all licenses issued and those rejected.
[Amended 10-14-2002 by Ord. No. 341; 3-6-2017 by Ord. No. 448]
A. 
Any religious, charitable, patriotic, political, philanthropic, public interest or community service organization, society, association or corporation desiring to solicit or have solicited in its name money, donations or money or property or financial assistance of any kind or desiring to sell or distribute any item of literature, various types of tokens or merchandise for which a fee is charged or solicited from persons other than members of such organization, upon the streets, in office buildings, by house-to-house canvas or in public places for a religious, charitable, patriotic, political, philanthropic, public interest or community purpose, shall be exempt from the provisions of Sections 135-6, 135-7 and 135-9 of this Chapter.
[Amended 10-5-1994 by Ord. No. 263; 4-25-2005 by Ord. No. 357]
A. 
Every applicant to whom a license and/or permit is granted under this Chapter to engage in the business of peddling, canvassing or soliciting shall pay the license and/or permit fee as provided in Chapter 71, Fees. Helpers or assistants to those using vehicles must also procure a license and/or permit as herein provided for peddlers, solicitors or canvassers.
B. 
Every applicant to whom a license is granted under this Chapter to engage in the business of transient merchant, or itinerant vendor shall pay the license and/or permit fee as provided in Chapter 71, Fees. Helpers or assistants need not procure a license as herein provided for transient merchants and itinerant vendors. Roadside vendors shall pay both a permit and license fee.
C. 
None of the license and/or permit fees provided for by this Chapter shall be so applied as to occasion any undue burden upon interstate commerce. In any case where a license and/or permit fee is believed by a licensee or applicant for a license to place an undue burden upon such commerce, he or she may apply to the governing body of Marshall Township for an adjustment of the fee so that it shall not be discriminatory or unreasonable or unfair as to such commerce.
No licensee, nor any person in his or her behalf, shall shout, cry out, blow a horn, ring a bell or use any sound or amplifying device upon any of the streets, alleys, parks or other public places of Marshall Township or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell.
[Amended 3-6-2017 by Ord. No. 448]
A. 
No person shall have exclusive right to any location in the public streets or sidewalks nor shall any be permitted a stationary location thereon, nor shall any person be permitted to operate in a congested area where such operations might impede or inconvenience the public use of such streets or sidewalks.
B. 
Soliciting, peddling and canvassing is prohibited before 9:00 a.m. or after 9:00 p.m. on Mondays through Sundays, prevailing time.
C. 
No person shall engage in the business of soliciting, peddling or canvassing upon any premises displaying a sign prohibiting such activity.
D. 
The Township shall maintain a list of the addresses of Township residents who have notified the Township in writing that they do not wish peddlers, canvassers or solicitors to enter upon their property. A copy of this "No Soliciting/Peddling/Canvassing List" shall be provided along with and as part of any license issued under this Chapter, or upon request. It shall be a violation of this Chapter for a solicitor, peddler or canvasser to enter upon any property listed on the "No Soliciting/Peddling/Canvassing List."
It shall be the duty of any peddler, solicitor, canvasser, transient merchant or itinerant vendor to produce his or her license upon request of any resident of Marshall Township with whom he or she does or proposes to do business.
It shall be the duty of any peddler, solicitor, canvasser, transient merchant or itinerant vendor to produce his or her license upon request of any police officer of the Department.
The Clerk shall maintain a record for each license issued and a record of the reports of violations.
A. 
Licenses issued under the provisions of this Chapter may be revoked by the Chief of Police after notice and hearing for any of the following causes:
(1) 
Fraud, misrepresentation or false statement contained in the application for license.
(2) 
Fraud, misrepresentation or false statement made in the course of carrying on his or her business as solicitor, peddler, canvasser or transient merchant or itinerant vendor.
(3) 
Any violation of this Chapter.
(4) 
Conviction of any crime involving moral turpitude.
(5) 
Conducting his or her business in an unlawful manner or such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the general public.
B. 
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be transmitted by certified mail, postage prepaid, to the licensee at his or her last known address at least seven days prior to the date set for hearing.
Any person aggrieved by the action of the Clerk in the denial of a license as provided in Section 135-6 of this Chapter or in the revocation of a license as provided in Section 135-15 shall have a right to appeal to the governing body of Marshall Township. Such appeal shall be taken by filing with the governing body of Marshall Township within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth the grounds for the appeal. The governing body of Marshall Township shall set a time and place for hearing on such appeal, and notice of such hearing shall be given to the person aggrieved in the same manner as provided in Section 135-15 of this Chapter for notice of hearing on revocation.
[Amended 10-5-1994 by Ord. No. 263]
Any person, firm or corporation who or which shall violate any of the provisions of this Chapter shall, upon conviction thereof, be punished by fine for each and every separate offense a sum of not less than $100 nor more than $600, plus the costs of prosecution, to be sued for and recovered as other fines and penalties are now by law recoverable and, in default of payment of the fine and costs of prosecution, shall be committed to the county jail for a period not to exceed 30 days. Each day any person, firm or corporation engages in the business of a peddler, solicitor, canvasser, transient merchant or itinerant vendor in violation of this Chapter shall constitute a separate offense.