Ord. No. 08-01

Peddler, Solicitor and Transient Merchant Permitting and Control

THE TOWNSHIP OF Unadilla, Livingston COUNTY, MICHIGAN, ORDAINS:

Article I: In General
Section 1: Operation or Use of Vehicles and Equipment on Streets and Other Public Places Between Sunset and Sunrise
No vehicle or other equipment shall be operated, propelled, located, or otherwise used on the public streets, sidewalks, parks or other public ways or places between the hours of sunset and sunrise, by any person permitted under this chapter, for the purpose of carrying on the permitted activity; provided, however, that the police department may authorize the use of equipment for street vending within such hours, where the occasion, location and circumstances are such that there is no danger to the public or the operator, and on such terms and conditions as the department finds necessary as to the time, location, equipment, and mode of operation to protect the public and operator from hazard; and provided further, that motor vehicles, licensed under the state statutes and meeting their requirements, may be operated as authorized thereby.

Section 2: Misrepresentations by Solicitors
No person shall, directly or indirectly, solicit contributions for any purpose, by misrepresentation of his/her name, occupation, financial condition, social condition or residence, and no persons shall make or perpetrate any other misstatement, deception, or fraud in connection with any solicitation of any contribution for any purpose in the Township.

Article II: Hawkers and Peddlers, Transient Merchants,
Section 1: Definition
The term "hawker" or "peddler" as used in this article, shall be construed to mean any person who travels from house to house or place to place, or who, on the streets or alleys or open places, or in public grounds or places, sells or offers for sale, or exposes for sale, any goods, wares or merchandise to any person not a dealer therein, or who takes orders for the purchase of goods, wares or merchandise by samples, lists, or catalog, or subscription for magazines and books from any person not a dealer therein.

The term “hawker” or “peddler,” as used in this article, shall not be applicable to any party selling the products of his/her own farm, orchard or garden.

 

The term "transient merchant," as used in this article, shall be construed to mean and to include all persons, associations, firms, and corporations, and their agents, servants, and employees, who engage temporarily in a retail sale of goods, wares or merchandise within the limits of the Township and, specifically, such terms shall include the taking and sale of photographs at retail. The transaction of such business by any person for a period of time of less than part of two separate days of each week for six consecutive months shall be prima facie evidence that such person was or is a transient merchant within the meaning of this article.

No transient merchant shall be exempt from the provisions of this article by reason of associating him/herself temporarily with any merchant, tradesperson, or other person doing business permanently within the Township, or by conducting his/her business in connection with or as a part of the business of, or in the name of, any merchant, tradesperson or other person doing business permanently in the Township.

 

Section 2: Permit Required
No person shall follow the business or occupation of a hawker or peddler or transient merchant within the limits of the Township, unless he/she shall have obtained a permit in accord with this division. No person shall act as a helper or assistant to a permitted peddler, unless he/she has a helper’s permit.

All agents and employees must obtain separate permits.

 
Section 3: Application
Any person desiring to engage in business as a transient merchant within the limits of the Township shall make and file, with the Township Police Department, a written application for a permit to engage in business as a transient merchant. Such application shall be signed by and sworn to by the applicant and shall state his/her full name, his/her physical description, his/her local and permanent business addresses and his/her local and permanent residential addresses.

Such application shall also list the names of the last five cities in which the applicant has worked and shall further state the nature of the business proposed to be conducted within the limits of the Township.

Such application shall further state the name and address of the owner of such business.

Section 4: Applicant to Furnish Photographs and Fingerprints
At the time of filing an application for a permit under this division, the applicant shall furnish the Township with two photographs of him/herself and two complete sets of his/her fingerprints upon forms to be provided by the Township Police Department.

Section 5: Fee
A. The fee for a permit required by this division shall be $10, which shall be paid to the Township of Unadilla at the time the application is filed.

B. No permit fee shall be required under this section from any person exempt from such fee by state or federal law, but such person shall be issued a permit without charge and shall comply with all other provisions of this article, except those that apply to Article III of this ordinance.

Section 6: Issuance
The Township Police Department shall withhold the granting of a permit applied for under this division until such time as he/she may receive information from the police departments of the last two cities in which the applicant has worked concerning the applicant’s conduct in such cities.
Whenever the Township Police Department receives information from any source indicating that the applicant has violated any law or ordinance of any state or municipality, or whenever the Township Police Department shall receive information from any source derogatory of the applicant’s character or honesty, the Township Police Department shall refer the application to the Township Board, which shall determine whether the permit shall be granted. If the circumstances do not require the Township Police to refer such application to the Township Board, the Township Police Department shall issue the permit.

Section 7: Contents; To Be Carried by Permittee
All permits granted under this division shall be in such form as to contain a true photograph of the permittee, his/her name, address, physical description, and the period of time for which the permit is issued. All permittees’ shall carry with them at all times the permit herein described.

Section 8: Alteration Prohibited
No permittee under this division shall alter, remove or obliterate any entry made on such permit.

Section 9: Expiration and Renewal
All permits issued under the provisions of this division shall expire six months from and after the date of issue and all permits must thereafter be renewed by compliance with the revisions of this article.

Section 10: Revocation; Suspension
The Township Police Department shall have the power to suspend any permit issued under this division for violation of a Township ordinance or any condition or regulation under which the permit was granted, or for undesirable business practices.

The Township Police shall report all suspensions to the Township Board, which may, for cause shown, revoke or reinstate the permit after giving the permittee reasonable notice and an opportunity to be heard.

No person whose permit has been revoked shall receive another permit for a period of one year thereafter. In the event of revocation, the permit fee shall not be refunded.

Section 11: Records to Be Kept
A full, complete record of each permit issued under this division, including renewals or revocations thereof, and serious complaints and charges against the permittee, together with his/her photographs and fingerprints, shall be kept on file by the Township Police Department for (6) six months.

Article III: Charitable and Religious Solicitations Exempt
Division 1: Generally
Section 1: Definitions
For the purpose of this article, the following definitions shall apply, unless a different meaning is clearly indicated by the context:

"Charitable" shall mean and include the words patriotic, philanthropic, social service, welfare, benevolent, educational, civic or fraternal, either actual or purported.

"Contribution" shall mean and include the words alms, food, clothing, money, subscription, property or donations under the guise of a loan of money or property.

"Person" shall mean any individual firm, co-partnership, corporation, company, association or joint stock association, church, religious sect, religious denomination, society, organization or league, and includes any trustee, receiver, assignee, agent, or other similar representative thereof.

"Promoter" shall mean any person who promotes, manages, supervises, organizes, or attempts to promote, manage, supervise, or organize a campaign of solicitation.

As used in this article, the words "religious" and "religion" shall not mean and include the word "charitable" as herein defined, but shall be given their commonly accepted definitions.

“Township Sanctioned” shall mean any celebration or organized program, which is sanctioned by Unadilla Township, or it’s Fire or Police Departments.

Article IV: Penalty Section
Section 1: Effect of Ordinance; Severability
If any part or parts of this ordinance are for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Township Board hereby declares that it would have passed this ordinance and each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid or unconstitutional.

Section 2: Penalties

First offenses shall receive a warning and made to comply.  Second or more offenses may be prosecuted as stated below.

In addition to the other penalties provided, any person, firm, or corporation violating any of the provisions of this ordinance 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 $300 or by imprisonment for not more than 90 days or by both such fine and imprisonment.

This ordinance shall take effect 7 days from date of publication or August 26, 2008.

Linda Topping, Clerk

Unadilla Township