Charter Township of Oakland, MI
Oakland County
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Table of Contents
Table of Contents

Sec. 22-1 Purpose and intent.

[Ord. No. 95, § 01.00.00, 8-22-2000]
This chapter is adopted with the following purposes and intent:
(1) 
To define and regulate persons doing business in the Township as solicitors.
(2) 
To establish a Township procedure for registering solicitors.
(3) 
To promote and encourage stable, responsible businesses who will enrich the Township's ambiance and be assets to public security.
(4) 
To ensure that persons engaged in soliciting shall not conduct a commercial, for-profit business for which a permanent premises, approved following submission in approval of a site plan, would normally be required in the Township.
(5) 
To provide an information record with regard to the persons and entities who will be engaged in soliciting activities in the interest of avoiding irresponsible and/or fraudulent sales activities in the Township.
(6) 
To serve and protect the health, safety and welfare of the general public.
(7) 
To provide penalties for the violations hereof.
(8) 
To prevent or help to prevent fraudulent activity by promoting responsible business practices.
(9) 
To scrutinize and monitor those persons or entities that have a tendency to or in the past have behaved fraudulently or who have, in the past, avoided accountability for placing a grossly substandard product into the marketplace.
(10) 
To provide the Township and the public with a means of seeking a remedy against those who commit fraud and/or cause injury, physical or financial, to purchasers.

Sec. 22-2 Definitions.

[Ord. No. 95, § 03.00.00, 8-22-2000]
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:
OCCUPANT
Means any person or business located on any property, and any person or business which is the owner, lessee or renter of any property and any invitee, licensee, guest, visitor, agent, representative or employee of any such owner, lessee or renter of property.
PROPERTY
Means any residence, business, building, structure or piece of real estate.
REGISTERED SOLICITOR
Means any person who has obtained a valid certificate of registration, which certificate is in the possession of the solicitor and on his person while engaged in soliciting.
RESIDENCE
Means every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.
SOLICITING
Means any one or more of the following activities, unless such activity takes place in a permanent structure open for business purposes with such activity being a part of that business purpose.
(1) 
Seeking to sell or to obtain orders for the purpose of any goods, wares, merchandise, foodstuffs, services and the like of any kind, character or description whatever, for any kind of consideration whatever;
(2) 
Seeking to obtain prospective customers for application or purchase of insurance of any kind, type or character;
(3) 
Seeking to obtain subscriptions to books, magazines, periodicals, newspapers or any other type or kind of publication;
(4) 
Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization, corporation or project;
(5) 
Seeking to sell or vend ice cream, foodstuffs, wares or other articles of whatever nature from any vehicle, on or off any street, roadway, alley, highway or other passageway within this municipality, whether such vehicle is motorized or not.

Sec. 22-3 Notice regulating soliciting.

[Ord. No. 95, § 04.02.00, 8-22-2000]
(a) 
Every person desiring to secure the protection provided by this chapter pertaining to soliciting shall comply with the following directions: Any person soliciting within the Township shall abide by any instructions given any person so soliciting by the occupant of any property within the Township where the instructions are an invitation to the solicitor to come upon the property, or a denial to the solicitor of access to the property. Such instructions may be oral or in writing and, if in writing, the instructions shall be in the following form: A weatherproof card approximately three inches by four inches in size containing one of the following statements: (1) "ONLY SOLICITORS REGISTERED IN OAKLAND TOWNSHIP INVITED" OR (2) "NO SOLICITORS INVITED." The letters on such cards shall be at least one-third inch in height, and such card shall be exhibited upon or near a main entrance door to the main structure, building or residence on the property, or at or near any entranceway to the property. For the purpose of uniformity, the Township Clerk may, on the direction of the Township board, provide such cards to the Township residents requesting them at the cost thereof.
(b) 
Any such card so exhibited shall constitute sufficient notice to any solicitor of the determination by the occupant of the property of the directions contained on the card, and any violation of such directions shall be deemed a trespass, punishable as a violation hereof.
(c) 
Any solicitor, whether registered under this chapter or not, who has entered any property, whether invited or not, shall immediately and peaceably depart from the property deemed a trespass, and a violation hereof.

Sec. 22-4 Violation of posted notice.

[Ord. No. 95, § 04.03.00, 8-22-2000]
It is unlawful and shall constitute a nuisance for any person, whether registered under this chapter or not, to enter into any business or to go upon any property or to ring the doorbell upon or near any door or create any sound in any other manner calculated to attract the attention of an occupant of any such property for the purpose of soliciting in defiance of a notice exhibited on the property in accordance with the provisions of this chapter.

Sec. 22-5 Hours of solicitation.

[Ord. No. 95, § 04.04.00, 8-22-2000]
It is hereby declared to be unlawful, and shall constitute a nuisance, for any person, whether registered under this chapter or not, to enter into any business or to go upon any property or to ring a doorbell, knock or rap upon any door or create any sound in any other manner calculated to attract the attention of an occupant of any such property, for the purpose of soliciting, prior to 9:00 a.m. of any day and after 9:00 p.m.

Sec. 22-6 Penalties.

[Ord. No. 95, § 04.05.00, 8-22-2000]
Any person, persons, firm or corporation or anyone acting on behalf of said person, persons, firm or corporation who shall violate the provisions of this chapter shall be responsible for a municipal civil infraction, and subject to a civil fine for a first offense in the amount of $75, plus costs and other sanctions, and for each repeat offense, a civil fine in the amount of $150, plus costs and other sanctions for each offense. In addition to ordering a person determined to be responsible for a municipal civil infraction to pay a civil fine, cost, damages and expenses, the judge or magistrate shall be authorized to issue any judgment, writ or order necessary to enforce or enjoin present and future violations of this chapter. Each day that a violation occurs shall constitute a separate violation. The penalties provided in this section are in addition to the licensing sanctions provided in section 22-38. The provisions of this chapter do not preclude any circuit court action for injunctive relief, nor shall they abridge any other remedy available to the Township under present law.

Sec. 22-7 through Sec. 22-30. (Reserved)

Sec. 22-31 Required.

[Ord. No. 95, § 05.01.00, 8-22-2000]
(a) 
It is unlawful and shall constitute a nuisance for any person to engage in soliciting unless such person is registered in accordance with the terms of this article.
(b) 
It is unlawful and shall constitute a nuisance for any person under the age of 18 years to engage in soliciting unless such person is registered in accordance with the terms of this article and is accompanied by a supervising adult over the age of 18 years who has been fully identified on an approved application for a certificate of registration as required by section 22-33.
(c) 
It is unlawful for any person identified as a supervising adult on an application for a certificate of registration filed with the Township Clerk to fail to accompany a person under the age of 18 engaged in soliciting; and such supervising adult shall be responsible and held separately accountable for the solicitor's compliance with the provisions of this chapter.
(d) 
It shall be unlawful for any adult to knowingly allow or permit a person under the age of 18 to engage in soliciting without first being registered pursuant to this article or without being accompanied by a supervising adult identified on an approved application for a certificate of registration.
(e) 
It shall be unlawful for a person who is not identified on an approved application for a certificate of registration to accompany a person under the age of 18 years engaging in soliciting.

Sec. 22-32 Exemptions.

[Ord. No. 95, § 04.01.00, 8-22-2000]
Persons engaging in soliciting which is sponsored by a public, parochial or private elementary, middle, junior high, or high school or by a recognized nonprofit charitable or religious organization shall be exempt from the registration requirements set forth in this article provided prior written notification has been given to the Clerk at least 30 days prior to the commencing of any solicitation activities, providing proof that the sponsoring organization is a legitimate nonprofit organization and describing in detail the soliciting activity to take place, the goods or merchandise to be offered for sale in the course of the soliciting, and those individuals that are to be engaged in the soliciting activity on behalf of the sponsoring organization.

Sec. 22-33 Application.

[Ord. No. 95, § 05.02.00, 8-22-2000]
(a) 
Every person desiring to engage in soliciting within the Township shall, prior to engaging in such solicitation, make written application for and in fact obtain a certificate of registration as provided in this article.
(b) 
Application for a certificate of registration shall be made to the Township Clerk upon a form provided by the Township. The applicant shall submit with the application a nonrefundable fee in an amount set by resolution of the Township board that is determined to be sufficient to cover the administrative cost of the application, the process of certification, the production of badges, and the monitoring of the solicitor. The applicant shall truthfully state in full the following information requested on the application.
(1) 
Name of applicant.
(2) 
Current residence address and telephone number of applicant and length of residence at such address and, in addition, a business address and telephone number if other than present residence address and telephone number.
(3) 
Address of place of applicant's residence during the past three years, if other than present address.
(4) 
Social security number, age and date of birth of applicant with separate written proof (birth certificate or sworn affidavits) independently verifying that the applicant is the age represented.
(5) 
Physical description of the applicant.
(6) 
Current name, telephone number and street address of the person, corporation, association or other entity with whom the applicant is employed or whom the applicant represents, and the length of time of such employment and/or representation.
(7) 
Name and address of each of the applicant's employers during the past three years.
(8) 
Description sufficient for identification of the subject matter of the soliciting in which the applicant will engage.
(9) 
Period of time for which the certificate of registration is sought.
(10) 
The date, or approximate date, of the most recent previous application for a certificate of registration in the Township.
(11) 
A statement whether a certificate of registration issued to the applicant by the Township under this article has ever been revoked and, if so, the date of such revocation.
(12) 
A statement identifying each and every criminal conviction of the applicant, if any, including the date of the conviction, the convicting court, and the originally charged crime of each such conviction. In addition, the applicant shall fully disclose the date and arresting agency of each and every arrest, if any, for any crime involving homicide, criminal sexual conduct, kidnapping, robbery, larceny, assault/ battery, use of a firearm, fraud, extortion, dishonesty, false statement, or any felony offense involving the illegal entry into a residential structure or damage to real or personal property, irrespective of whether or not there was a resulting conviction for any such arrest.
(13) 
A legible copy of the applicant's driver's license, having sufficient clarity to identify the applicant's photograph; if the applicant does not have a driver's license with a photograph, the application shall include a photograph at least two inches by two inches in size showing the head and shoulders of the applicant in a clear and distinguishing manner.
(14) 
The application shall be signed by the applicant, and all statements made by the applicant under the application or in connection with the application shall be sworn statements made under oath.
(15) 
Such other identification and information necessary to discover the truth of the matters asserted in the application is required to be set forth in the application.
(c) 
If the applicant is under the age of 18 years, a supervising adult over the age of 18 years must truthfully state, in full, the following information requested as part of the application provided by the Township:
(1) 
Name of the supervising adult.
(2) 
Current residence address and telephone number of the supervising adult, and length of residence at such address, and, in addition, a business address and telephone number at which the supervising adult is employed if other than the present residence address and telephone number.
(3) 
Address of place of supervising adult's residence during the past three years, if other than present address.
(4) 
Social security number, age and date of birth of supervising adult with separate written proof (birth certificate or sworn affidavits) independently verifying that the supervising adult is the age represented.
(5) 
Physical description of the supervising adult.
(6) 
Name, telephone number and street address of the person, corporation, association or other entity with whom the supervising adult is employed or whom the supervising adult represents, and the length of time of such employment and/or representation.
(7) 
Name and address of each of the supervising adult's employers during the past three years.
(8) 
A statement as to whether the supervising adult has ever been issued a certificate of registration by the Township and whether any certificate of registration issued to the applicant by the Township under this article has ever been revoked and, if so, the date of such revocation.
(9) 
A statement identifying each and every criminal conviction of the supervising adult, if any, including the date of the conviction, the convicting court, and the originally charged crime of each such conviction. In addition, the supervising adult shall fully disclose the date and arresting agency of each and every arrest, if any, for crimes involving homicide, criminal sexual conduct, kidnapping, larceny, robbery, assault/battery, use of a firearm, fraud, extortion, dishonesty, false statements, or any felony offense involving the entry into or damage of a residential structure, irrespective of whether or not there was a resulting conviction for any such offense.
(10) 
A legible copy of the supervising adult's driver's license, having sufficient clarity to identify the supervising adult's photograph; if the supervising adult does not have a driver's license with a photograph, the application shall include a photograph at least two inches by two inches in size showing the head and shoulders of the supervising adult in a clear and distinguishing manner.
(11) 
The application shall be signed by the supervising adult, and all statements made by the supervising adult under the application or in connection with the application shall be sworn statements made under oath.
(12) 
A statement acknowledging that the supervising adult has read and understands the provisions and requirements contained within this chapter, and that the supervising adult accepts all responsibility and shall be separately accountable for compliance with this chapter by the solicitor under the age of 18 years which the supervising adult is to accompany.
(13) 
Such other identification and information necessary to discover the truth of the matters asserted in the application is required to be set forth in the application.
(d) 
The Township Clerk shall cause to be kept in his/her office an accurate record of every application received and acted upon, together with all other information and date pertaining thereto and all certificates of registration issued under the provisions of this article. The Clerk shall also keep a record of the denial of any such applications as are denied. Applications for certificates shall be numbered in consecutive order as filed, and every certificate issued, and any renewal thereof, shall be identified with a duplicate number of the application upon which it was issued.

Sec. 22-34 Reasons for denial.

[Ord. No. 95, § 05.03.00, 8-22-2000]
An application for a certificate of registration shall be denied if the applicant or an identified supervising adult:
(1) 
Has ever been convicted of a criminal offense under state or federal law which involved homicide, criminal sexual conduct, kidnapping, larceny, robbery, assault/battery, use of a firearm, fraud, extortion, dishonesty, false statements, illegal entry into a residential structure, or damage of real or personal property;
(2) 
Has been convicted within the past 10 years of a felony offense under state law or any criminal offense under federal law and/or remains on probation or parole with respect to any such offense;
(3) 
Has ever had a certificate of registration revoked, following issuance under this chapter; or
(4) 
Has ever been convicted of a violation of any of the provisions of this chapter, any similar ordinance in any other jurisdiction, or any state law regulating soliciting.

Sec. 22-35 Issuance.

[Ord. No. 95, § 05.04.00, 8-22-2000]
Upon compliance with the terms of this chapter, any person bearing a certificate of registration shall be entitled to solicit, so long as the solicitations are otherwise in compliance with applicable local ordinance and state and federal law.

Sec. 22-36 Term.

[Ord. No. 95, § 05.05.00, 8-22-2000]
The certificate of registration, when issued, shall be for the period of time applied for in the application or for 60 days, whichever period is the shorter, and the certificate shall state the date of expiration.

Sec. 22-37 Display of certificate.

[Ord. No. 95, § 05.06.00, 8-22-2000]
The Clerk shall issue to any solicitor who has obtained a valid certificate of registration under this article a clear plastic badge in which the certificate of registration can and shall be inserted. When soliciting, a solicitor shall at all times have the badge, specified in this section, containing a valid and legible certificate of registration attached to his outer clothing and worn in such a manner as to be clearly visible to others. It shall be unlawful to engage in soliciting without a valid certificate of registration issued to that person worn and attached to that person as required herein.

Sec. 22-38 Grounds for revocation.

[Ord. No. 95, § 05.07.00, 8-22-2000]
A certificate of registration issued under this article shall be revoked if the holder of the certificate or a person identified as a supervising adult in an approved application for a certificate of registration:
(1) 
Has ever been convicted of a criminal offense under state or federal law which involved homicide, criminal sexual conduct, kidnapping, robbery, larceny, assault/battery, use of a firearm, fraud, extortion, dishonesty, false statement, illegal entry into a residential structure, or damage of real or personal property;
(2) 
Has been convicted of a violation of any of the provisions of this chapter;
(3) 
Has falsified the information, or has provided misleading information or statements, as part of the application for a certificate of registration submitted under this article; or
(4) 
Has otherwise become disqualified for the issuance of a certificate of registration in accordance with the terms of this article.

Sec. 22-39 Revocation hearing, suspension.

[Ord. No. 95, § 05.08.00, 8-22-2000]
(a) 
No certificate shall be revoked until after a public hearing before the Township board to determine just cause for such revocation.
(b) 
Pending such hearing, the Township Clerk shall suspend any certificate of registration issued under this article upon determining that there is reasonable cause to believe that one or more grounds for revocation exist, as such grounds are identified in section 22-38.
(c) 
Notice of such revocation hearing shall be given in writing and served at least five days prior to the date of the hearing. Such written notice shall be given by the Township Clerk to the holder of the certificate, in person or by first class mail, addressed to his or her residence address as set forth in the application. The notice shall state the grounds of the complaint against the holder of the certificate, and shall state the time and place where the hearing shall be held. The suspension pending such hearing shall be effective immediately upon the giving of such notice, or the mailing thereof, as aforesaid.
(d) 
At such revocation hearing, the holder of the certificate shall be given the opportunity to be heard and present facts in the certificate holder's support, and the Township board shall give such facts consideration in making a determination relative to the revocation of the certificate of registration.
(e) 
At the conclusion of such revocation hearing, if the grounds for revocation of a certificate of registration have been demonstrated, the Township board shall order the certificate revoked and shall state the reasons for such revocation in the minutes of the hearing.

Sec. 22-40 Appeal of denial.

[Ord. No. 95, § 05.09.00, 8-22-2000]
Any person denied a certificate of registration by the Township Clerk pursuant to this chapter may appeal to the Township board in writing, stating reasons why the certificate should be granted. The Township board may grant or deny the certificate after a hearing open to the public and such decision shall be final. Also, the Township board may elect on its own motion to review any determination of the Township Clerk granting or denying a certificate of registration. Notice of any such hearing shall be given in writing to the applicant and served at least five days prior to the date of the hearing. Such written notice shall be given by the Township Clerk to the applicant for the certificate of registration in person or by first class mail addressed to his residence address as set forth in the application. At the hearing, the applicant shall be given the opportunity to be heard and present facts in the applicant's support, and the Township board shall give such facts consideration in making a determination relative to the applicant's appeal of the denial of the application for a certificate of registration. If, at the conclusion of the public hearing, the Township board denies, or upholds the denial, of the application for a certificate of registration, the Township board shall state the reasons for such denial in the minutes of the hearing.