[HISTORY: Adopted by the Board of Trustees of the Charter Township of East China 5-17-2004 by Ord. No. 286. Amendments noted where applicable.]
The purpose of this chapter is to regulate door-to-door solicitation within the Charter Township of East China, provide for a permit procedure, a no solicitation list and notice, and a penalty for the violation of the ordinance.
No person shall solicit within the Township without having first obtained a solicitation permit from the Township authorizing such solicitation.
Applicants for solicitation permits must fill out the application form in its entirety. The information that is required for the application includes the following:
The applicant shall furnish his or her own name, address and telephone number, as well as that of the soliciting organization and of the person, if any, who is in charge of the solicitation.
The applicant shall state the number of persons that will be soliciting on behalf of the soliciting organization.
The applicant shall state whether or not the soliciting organization is exempt from federal taxation as a nonpartisan nonprofit organization, and whether or not the soliciting organization is permitted with the state to solicit [Act No. 169 of the Public Acts of Michigan of 1975 (MSA 3.240(2)].
The applicant shall identify the purpose for solicitation.
The applicant shall state the names of at least the last three municipal governmental organizations that have issued soliciting permits to the applicant. This requirement shall be waived when the soliciting organization has not been issued at least three soliciting permits in the past.
The applicant shall identify the proposed date(s) and times) of solicitation.
The applicant shall identify the proposed location(s) of solicitation.
A statement to the effect that, if a permit is granted, it will not be used or represented in any way as an endorsement by the Township or by any department or officer thereof.
Such other information as may be reasonably required by the Township in order for the Township to determine the kind and character of the proposed solicitation and whether such solicitation is in the interest of and not detrimental to the public welfare.
No person shall solicit in the Township between the hours of 9:00 p.m. and 9:00 a.m.
The following conduct by any permit holder shall be considered in violation of this chapter and may result in the revocation or denial of the permit:
Entering a private residence under pretense other than for soliciting.
Remaining in a private residence or on the premises thereon after the owner or occupant thereof has requested any such person to leave.
Going in and upon the premises of a private residence to solicit when the owner or occupant thereof has displayed a "no soliciting" sign on such premises. Such signs shall be conspicuously displayed at or near the main entrance to the premises but shall not exceed one square foot in surface display area.
Soliciting at a private residence prior to 9:00 a.m. and after 9:00 p.m. unless by prior invitation of the occupant.
Going in and upon the premises of a private residence or business to solicit when the owner or occupant appears on the no solicitation list provided for in this chapter.
Shouting, or calling wares, or using a public address system, horn, bells, or other noisemaking device to call attention to the permit holder's business in such a way as to disturb residents or adjacent businesses.
Transferring or assigning the solicitation permit.
All solicitors shall produce a copy of their Township solicitation permit upon request of any citizen or Township official. Every Township solicitation permit shall contain the name, address and telephone number of the person who is soliciting.
The owner(s) or occupant(s) of any residence or business in the Township may evidence a determination to refuse to receive any uninvited solicitors by posting a card, decal or sign not less than three inches by four inches in size upon or near the main entrance to the premises, containing the words "no soliciting." Any such card, decal or sign that complies with the requirements of this section shall be exempt from any additional or different requirements contained in the planning and zoning code.
No person shall go upon any residence and ring the doorbell, rap or knock upon any door, or create any sound in any other manner calculated to attract the attention of any occupant of such residence for the purpose of securing an audience with the occupant(s) thereof and engage in solicitation in disregard of a notice posted pursuant to this section.
The Township Clerk or an authorized representative shall maintain a "no solicitation" list at all times, which shall include the addresses of each residence or business in the Township whose occupant(s) or owner(s) have expressed their intention to prohibit all soliciting at a residence or business.
The list shall be accessible to the public.
The list shall be renewed from time to time.
A photocopy shall be provided to each applicant upon filing an application for a solicitation permit.
No person shall attempt to access any residence or business included on the Township Clerk's "no solicitation" list for the purpose of securing an audience with the occupant(s) thereof and engaging in solicitation.
Any solicitation permit issued under this chapter may be revoked or suspended by the Township Supervisor or his or her authorized representative, after notice has been sent by mail (to the applicants last known address), if the Township Supervisor or his or her authorized representative has reason to believe that any officer, agent or representative of a permittee has engaged in any of the following;
Fraud, misrepresentation or false statement contained in the application for a permit.
Fraud, misrepresentation or false statement made in the course of conducting solicitation.
Conviction for any crime while soliciting within the Township.
Conducting solicitation in such a manner as to create a public nuisance, constitute a breach of the peace or endanger the health, safety or general welfare of the public.
Violation of any provision of this chapter.
The provisions of this chapter shall not apply to any established society, association or corporation that is organized and operated exclusively for religious, philanthropic, benevolent, fraternal, charitable or reformatory purposes, and not operated for pecuniary profit, where no part of the net earnings of which benefits any person, private shareholder or individual, and where the solicitation of such organization is conducted among the members thereof by other members or officers thereof, voluntarily and without remuneration for such solicitation, or where such solicitation is in the form of collection or contributions at the regular exercises or services of any church, religious society, lodge, benevolent order or fraternity or similar organizations, or of any branch thereof.