[HISTORY: Adopted by the Township Board of the Charter Township
of Cascade 11-16-2011 by Ord. No. 11-2011. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person (which includes any individual, firm, entity,
corporation, association, partnership, limited liability company,
or organization or its agents) traveling either by foot, wagon, automobile,
vehicle, or other conveyance, from place to place, from house to house,
or from street to street, taking or attempting to take orders for
the sale of goods, products, or merchandise or personal property of
any nature; or attempting to collect monies, pledges or donations
for political, charitable, or religious causes; or for services to
be furnished or performed, whether or not such person has, carries
or exposes for sale a sample of the subject of such sale or whether
such person is collecting advance payments on such sales or not; or
any similar action or activities including those persons who call
themselves transient merchants, canvassers, hucksters, peddlers or
other similar terms. These activities shall also include any actions
involving the canvassing or petitioning for a public office, public
official, political candidate, election, or millage or public initiative
or referendum affecting public policy.
Except as otherwise provided in this chapter, no person shall
solicit or act as a solicitor within Cascade Charter Township without
first obtaining a permit from the Township. No permit shall be granted
by the Township without prior approval by the Township Manager, Township
Clerk, or such other Township official as is appointed by the Township
Board. All permits shall expire 30 days after their issuance, unless
renewed by the Township Manager, Township Clerk, or such other Township
official as is appointed by the Township Board.
Except for persons or solicitors that are partially exempt from this chapter pursuant to § 329-5 hereof, a background check will be performed by the Township for each individual solicitor before a Township permit is issued. The Township Board shall determine what type of background check shall be performed for different categories or types of solicitors based on the potential threat to the public health or safety.
A permit application may be obtained during normal business
hours at the Township offices.
A.
Such application shall be fully completed and filed with the Township
at least 10 days prior to the date of commencement of the solicitation.
The application shall contain all of the following information:
(1)
Name of the applicant and the names of those persons soliciting for
the applicant. Each individual solicitor must supply, in person, a
copy of their driver's license or other form of government-issued
photo personal identification to the Township.
(2)
Permanent home address and local address of the applicant (and for
all other persons soliciting for the applicant).
(3)
A brief description of the nature of the organization and business
and the goods or services to be sold or solicited.
(4)
If the solicitor is otherwise employed, the applicant shall provide
the name and address of such employer.
(5)
The length of time for which the solicitation within the Township
is desired.
(6)
The place where the goods or property proposed to be sold or orders
taken for the sale are manufactured or produced, where such products
or goods are located at the time said application is filed and the
proposed method of delivery.
(7)
A statement as to approximate locations within the Township where
the solicitations will take place.
(8)
Each solicitor shall sign a statement as to whether or not that solicitor
(or the solicitor's firm, corporation or organization) has been
convicted of a felony and/or misdemeanor theft or fraud offense and
if so, stating the nature of the offense. A "yes" response is cause
for denial of a permit for the applicant.
B.
If the requirements of this chapter are met, the Township shall prepare
and issue a solicitor permit to each person soliciting under the applicant.
The permit shall be displayed by the solicitor at all times while
soliciting in the Township and shall be presented by that person to
any resident requesting identification prior to any attempt to sell
a product or service to that resident.
C.
Any denial of a permit application shall be made in writing specifying
the reasons for denial within three business days of the filing of
a complete application. The Township may take a longer period of time
in determining whether a particular permit will be issued if the background
check cannot be completed in a shorter period of time. Any appeal
of a permit denial pursuant to this chapter must be in writing signed
by the applicant and filed with the Township within 10 days of the
date of the denial. All appeals shall be decided by the Township Board.
D.
A solicitor permit shall be denied by the Township if any of the
following standards are not met:
(1)
Every requirement of this chapter will be met.
(2)
The safety of the residents of the Township will be protected.
(3)
Neither the applicant nor the applicant's employer or organization
has been convicted of either a felony of any kind or a misdemeanor
involving solicitation, theft or fraud.
(4)
Neither the applicant nor the applicant's organization is delinquent
in any real or personal property taxes or other indebtedness to the
Township.
The following persons and organizations are exempt from the permitting requirements under this chapter when engaging in the type of solicitation mentioned below in this § 329-5. Except as otherwise provided in this § 329-5, all solicitation that is exempt under this section shall still comply with the general regulations and prohibitions of § 329-7 of this chapter.
A.
Solicitation for religious or charitable institutions. Any person who is soliciting for a school, state or federally registered or recognized charity, a nonprofit corporation or entity, or a church or religious society shall not be required to obtain any permit or pay any permit fee pursuant to this chapter. The solicitor for any group listed under this Subsection A must still register with the Township and provide the Township Manager, Township Clerk, or other Township official designated by the Township Board with a name, address, and a copy of their driver's license before such exempt solicitation can occur within the Township. The applicant shall provide evidence [i.e., 501(c)(3) status, etc.] to the Township that the organization for which the solicitation is taking place is a school, recognizable charitable, nonprofit or religious organization.
B.
Political speech or canvassing. Solicitations exclusively intended
to canvass or petition for a public official, political candidate,
public policy or initiative being promoted for purposes of a public
referendum, initiative, millage, or election does not require any
registration, permit or permit fee.
C.
Any person exempt from the permitting requirements of this chapter
by virtue of state or federal law.
A.
Except for exempt permits specified in § 329-5 hereof, a nonrefundable permit fee in the amount of $25 shall be paid to the Township at the time that an application for a solicitor permit is filed with the Township. If a permit renewal application is filed with the Township within the thirty-day time period before the date that the original permit expires, a nonrefundable renewal permit fee in the amount of $15 shall be paid to the Township. If an application for a permit renewal is not filed with the Township (together with the applicable fee) prior to the time the original permit expires, the application shall be deemed an application for a new solicitor permit, and the nonrefundable permit fee to be paid to the Township at the time of application shall be $25.
B.
Each solicitor shall also make a deposit of $25 per permit to the
Township. This deposit will be refunded upon return of the permit
to the Township. Return of the permit to the Township must be made
in person by each individual permittee. All permits must be returned
within five days of their expiration or the deposit of $25 shall be
forfeited. The above fees and deposit may be modified by the Township
Board by resolution from time to time.
Unless otherwise expressly permitted by another Township ordinance
or mandated by state law:
A.
Where a permit is required by this chapter, it shall be unlawful
for any person to engage in solicitation without having first obtained
a permit issued by the Township. The permit must be visible at all
times while the solicitor is engaged in the act of soliciting and
shown upon the request of any person.
B.
While conducting any act of solicitation, the solicitor shall clearly
display the permit and photo identification that correctly identifies
who the solicitor is and for whom the solicitor is working.
C.
No persons shall stop or park a vehicle at the curb for the purpose
of solicitation from a vehicle, nor shall any person establish a stand,
booth or other place of business on any street curb, sidewalk, public
right-of-way or other public place. This subsection shall not be interpreted
to prohibit parking for the purpose of making deliveries or for the
purpose of consummating a business transaction with persons waiting
at the curb, provided that the solicitor leaves the curb immediately
after the deliveries or transactions are completed.
D.
No person shall operate or maintain any stand, structure, building
or vehicle on or near to any public right-of-way for the service of
customers or for solicitation in such a manner that requires customers
to stand, occupy or congregate within the public roadway.
E.
No person shall conduct any solicitation so as to obstruct any street,
alley, sidewalk or driveway except as may be necessary and reasonable
to consummate a permitted transaction or at any time after having
been requested to desist by any public officer because of congested
or dangerous traffic conditions or for the public health, safety or
welfare.
F.
No person shall engage in any solicitation on any property against
the wish or desire of the property owner or the tenant or occupant
of the property. No person shall trespass on the property of another
while engaged in solicitation.
G.
No person engaged in any solicitation shall visit any dwelling or
residence without an appointment where a sign is displayed stating
"No peddlers," "No solicitors," "No sales," "No trespassing" or words
of similar meaning.
H.
No person engaged in solicitation shall, while in a stationary position
in any public place, shout, cry out his goods or merchandise, nor
blow any horn, ring any bell, broadcast or play any sound, or use
any other similar device to attract the attention of the public.
J.
No person engaged in any solicitation shall enter upon a property
or call upon any occupant of the property by any means of entry or
contact other than approaching the front entry door of the premises.
No person engaged in any solicitation shall enter into an attached
or detached garage or a rear yard, unless invited by the occupant
of the premises.
K.
A permit under this chapter shall not be granted to any person owing
any real or personal property taxes or other indebtedness to the Township
or who contemplates using any personal property on which personal
property taxes are owing in the operation of a business.
L.
No person shall block or impede the passage of the person being solicited.
M.
No person who is soliciting shall follow the person being solicited
after that person has objected to the solicitation or asked the solicitor
to leave.
N.
No person shall use any threatening or offensive behavior or language
when engaging in solicitation.
A.
A permit issued pursuant to this chapter may be revoked by the Township.
Such revocation shall be done by the Township Manager, Township Clerk,
or such other Township official as is appointed by the Township Board.
B.
The applicant may appeal the revocation of the applicant's permit
revoked pursuant to this chapter by filing an appeal with the Township
Board. Any such appeal must be in writing (signed by the applicant)
and filed with the Township within 10 days of the date of the permit
revocation.
C.
When considering whether or not to revoke a permit issued under this
chapter (or during an appeal of such a revocation), the Township official
or body involved shall consider the following:
(1)
Whether one or more provisions of this chapter have been violated.
(2)
Whether continued solicitation by the applicant pursuant to the permit
would endanger the health, safety, or welfare of Township residents
or property owners.
(3)
Whether there were material misrepresentations in the permit application.
A.
Any person who violates any of the provisions of this chapter shall
upon conviction be deemed guilty of a criminal misdemeanor and shall
be punished by a fine of not less than $150 nor more than $500 or
imprisonment in the county jail for not to exceed 93 days, or by both
such fine and imprisonment, plus the costs of prosecution.
B.
Repeat offenses under this chapter shall be subject to increased
fines as provided by this section below. As used in this section,
"repeat offense" means a second (or any subsequent) misdemeanor conviction
of the same requirement or other provision of this chapter committed
by a person within one year of the prior conviction. The increased
fine for a repeat offense under this chapter shall be as follows:
C.
Each day on which any violation of this chapter occurs or continues
constitutes a separate offense subject to separate sanctions.
D.
The person or persons authorized by the Township Board shall enforce
this chapter and may issue appearance tickets for violations of this
chapter.
E.
In addition to the above, the Township shall have such other remedies
as are accorded to it for a violation of this chapter pursuant to
law and equity. Any remedy or remedies pursued by the Township shall
be deemed cumulative and shall not preclude the Township from pursuing
other remedies available at law or equity.
