[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:
A.
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.
B.
The applicant shall state the number of persons that
will be soliciting on behalf of the soliciting organization.
C.
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)].
D.
The applicant shall identify the purpose for solicitation.
E.
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.
F.
The applicant shall identify the proposed date(s) and
times) of solicitation.
G.
The applicant shall identify the proposed location(s)
of solicitation.
H.
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.
I.
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:
A.
Entering a private residence under pretense other than
for soliciting.
B.
Remaining in a private residence or on the premises thereon
after the owner or occupant thereof has requested any such person to leave.
C.
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.
D.
Soliciting at a private residence prior to 9:00 a.m.
and after 9:00 p.m. unless by prior invitation of the occupant.
E.
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.
F.
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.
G.
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.
A.
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.
B.
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.
A.
The list shall be accessible to the public.
B.
The list shall be renewed from time to time.
C.
A photocopy shall be provided to each applicant upon
filing an application for a solicitation permit.
D.
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;
A.
Fraud, misrepresentation or false statement contained
in the application for a permit.
B.
Fraud, misrepresentation or false statement made in the
course of conducting solicitation.
C.
Conviction for any crime while soliciting within the
Township.
D.
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.
E.
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.
