ORDINANCE #26-2015 Hawkers, Peddlers, and Solicitors

ORDINANCE #26-2015

HAWKERS, PEDDLERS AND SOLICTORS ORDINANCE

Sec 1.  TITLE AND DESCRIPTION

An ordinance to regulate the business of the sale or solicitation of goods, merchandise, service or donations within the Village of Barryton, Mecosta County, Michigan, upon or from public streets, parks and places and upon or from private property or premises not owned, rented, leased, managed or occupied under a valid claim of right or title by hawkers, peddlers, vendors, door-to-door salesmen or solicitors; to provide penalties for the violation of such regulations; and to repeal all ordinances or parts of ordinances in conflict therewith.

Sec. 2.  DEFINITIONS

A. The terms “hawking,” “peddling,” “vending,” “door-to-door selling” or “soliciting” or any variation of the same shall be defined for the purpose of this Ordinance as any activity involving selling or soliciting.       The sale of any goods, merchandise, services, or donations upon or from the public streets, parks and places or upon or from private property or premises not owned, rented, leased, managed or occupied under valid claim of right or title by the person, firm or corporation engaged in such selling or soliciting activity.

B.“Charitable/Religious Organization” shall be defined for the purposes of this Ordinance as a benevolent, educational, philanthropic, humane, patriotic or charitable nonprofit organization of persons which solicit or obtain donations solicited from persons for benevolent, educational, philanthropic, humane, patriotic or charitable purposes. This term shall also include any duly constituted religious organization no part of the income of which injures to the direct benefit of any individual if said organization has received a declaration of current tax exempt status form the United States.

Sec. 3     LICENSE

A.License required. No person, firm or corporation shall hereafter operate or engage in, either directly or indirectly, any business of hawking, peddling, vending, door-to-door selling or soliciting within the Village of Barryton without first obtaining a license therefor from the Village Clerk, which shall only be issued where the applicant qualifies therefor under the terms of this Ordinance. This requirement shall not apply to Charitable/Religious Organizations or appointed representatives soliciting donations on behalf of same.

B.Issuance of License. No such license shall be issued unless and until (a) the required license fee has been paid to the Village of Barryton, (b) a written application therefor has been filed with said Clerk accurately disclosing the following information:

 

  1. Name and address of applicant
  2. Name and Address of all individuals who will be hawking, peddling, vending, door-to-door selling or soliciting within the Village of Barryton on behalf of the applicant.
  3. A list of products or services to be sold or solicited
  4. The area of solicitation
  5. A general description of the method of solicitation
  6. The name of the last five municipalities in which such business was previously conducted and the dates of the same.
  7. The particular hours each day and the dates when the business is proposed to be conducted within the Village of Barryton.
  8. A copy of the order form or contract to be used in the solicitation and any other written or printed material to be employed for the information of customers.
  9. A copy of any identification card to be carried by each solicitor
  10. If a vehicle is to be used, a description of the same, and license plate number.

C. Investigation. The Village Clerk shall forward such application to the Chief of Police, who shall cause an investigation to be made of the applicants character and business responsibility as he or she deems necessary for the protection of the public good. After such investigation, the Chief of Police shall endorse upon such application his or her approval or disapproval and forward the application to the Village Clerk. If, as a result of such investigation, the applicant’s character or business responsibility is found to be unsatisfactory, the Chief of Police shall, in writing, state the reasons therefor and attaches the same to the application.

D. Bond Requirement. A surety bond in the amount of $1000.00 or cash bond or bank letter in the amount of $500.00 shall be filed with the Village Clerk before the issuance of any such license to an applicant therefor who is not a citizen of the County of Mecosta or does not have a previously established place of business within the County of Mecosta for a period of not less than six months previous to the license application, conditioned upon the applicant and all employees and representatives of the applicant conducting business within the Village in accordance with the within Ordinance and without any undue influence, misrepresentation or failure of disclosure of material information concerning the subject of solicitation.

E. Duration of License, Renewal. No license shall be issued for a longer period than 12 months. Successive licenses may be obtained upon the payment of the required license fee and filing of any changes in the information shown on the original application, provided all the regulations herein contained have previously been fully complied with.

F. License Fee. The 12 month license fee for a corporation, firm, partnership, association, organization, or individual shall be $100.00 which shall cover all solicitors whose names are on file with the Village Clerk; and a similar 6 month license therefor shall be $75.00 and a similar 3 month license therefor shall be $50.00. A one day license shall be $15.00 and a weekend/two license shall be $25.00.

G. Prior Criminal Conviction. No license shall be issued to any applicant who either (a) has been convicted of any criminal offense involving undue influence in solicitation, misrepresentation, failure of disclosure of material information concerning the subject of solicitation or Felony fraud of any nature or (b) whose employees or agents have been convicted of same.

H. Revocation of License. Any license may be revoked at any time by the Village Clerk or by the Village Council for any failure to comply with the terms of this Ordinance or for any conduct on the part of the applicant or his or its agents or employees involving misrepresentation or failure of disclosure of material information concerning the subject of solicitation.

Sec. 4 REGISTRATION OF CHARITABLE/RELIGIOUS ORGANIZATIONS

A. Registration of Charitable/Religious Organizations Required. No Charitable/Religious Organizations may engage in any hawking, pending, vending, door-to-door selling or solicitation unless the organization has first registered with the Village Clerk by filling out and filing with said clerk a registration form disclosing the following information:

  1. Name and address of applicant
  2. The area of place of solicitation
  3. A general description of the method of solicitation
  4. The particular hours each day and the dates when the business is supposed to be conducted within the Village of Barryton.

B. Duration of Registration. No such registration shall be effective for a longer period than 6 months. Successive registrations may be obtained by applying therefor in writing to the village Clerk and by the filing of any changes in the information shown on the original registration form.

Sec. 5 PUBLIC SAFETY

In no case shall a hawker, peddler or solicitor conduct their business form a public street or thoroughfare.  Any vendor selling food or drink items shall submit an updated Department of Public Health certificate when applying for a license in the Village of Barryton.  Trash containment and removal procedures shall be submitted to the Village Clerk and approved by the Department of Public Safety supervisor before a license is granted.  All hawkers, peddlers and solicitors shall conduct their business from private property.  Written permission from the property owner shall be submitted to the Village Clerk when applying for a license.  All setback and sign ordinance requirements shall be met before a license is granted.

Sec. 6  PROHIBITED CONDUCT

The following conduct by a hawker, peddler, and solicitor is prohibited:

  1. Entering a private residence under pretenses other than for peddling.
  2. Remaining in a private residence or on the premises thereof after the owner or occupant thereof has requested any such person to leave.
  3. Going in and upon the premise of a private residence by such person to peddle when the owner or occupant thereof has displayed a “no soliciting” or “no peddling” signs on such premises.
  4. Peddling or Soliciting at a private residence on Sunday or on a state or national holiday.
  5. Any hawking, peddling or soliciting in violation of the Barryton Zoning Ordinance.

Sec. 7  HOURS OF OPERATION

No hawking, peddling, vending, door-to-door selling of soliciting, including any such activity performed on behalf of a Charitable/Religious Organization shall take place from the hours of 9 o’clock p.m. to 8 o’clock a.m.

Sec. 8  DISPLAY OF LICENSE

It shall be the duty of every person and all their agents, employees or representative who secure a license under the terms of this Ordinance to display said license to any enforcement officer or any person when required to do so.

Sec. 9  ENFORCEMENT

It shall be the duty of the Department of Public Safety, and the Chief of Police of the Village to require any person seen selling or offering the sale of goods, wares, and merchandise while traveling from place to place in the Village and who is not known by the Department of Public Safety, and the Chief of Police of the Village to be duly licensed to produce his license and to enforce the provisions of this Ordinance against any person found violating the same.

Sec. 10  SAVING CLAUSE

Should any section, clause, paragraph or provision of this Ordinance be declared by any Court to be invalid, such a decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so determined to be invalid.

Sec. 11 PENALTY

Any person, corporation, partnership or any other legal entity who shall violate or fail to comply with any of the provisions of this Ordinance or any of the regulations adopted in pursuance thereof, shall be fined as follows:

(1)           The penalty for a violation of this ordinance by any person, corporation, partnership or any other legal entity who shall violate or fail to comply with any of the provisions of this Ordinance or any of the regulations adopted in pursuance thereof shall be a Village civil infraction with a fine of not less than $25 dollars and not more than $500, plus costs of not less than $9 and not more than $500. Costs may include all expenses, direct and indirect, to which the Village has been put in connection with the Village civil infraction up to the entry of judgment. The Village may seek or employ all other remedies and sanctions available under state law for municipal civil infractions.

(2)           The penalty for repeat offenses of the same ordinance provision within two years of a prior offense shall be a fine of not less than $50 and not more than $1,000, plus costs and all other remedies and sanctions available under state law for municipal civil infractions.

Section 12  SEVERABILITY

The provisions of the Ordinance are hereby declared to be severable, and if any part is declared invalid for any reason by a Court of competent jurisdiction, it shall not affect the remainder of the Ordinance which shall continue in full force and effect.

Sec. 13 NOTICE TO BE PUBLISHED

The Village clerk shall publish this ordinance in the manner required by law.

THIS ORDINANCE SHALL TAKE EFECT THIRTY (30) DAYS AFTER PUBLICATION. ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ARE HEREBY REPEALED.

I hereby certify to the adoption of this ordinance at the April 8, 2015 council meeting and cause the same to be published as required by law.

Yeas___5___ Nays____0___            Ordinance declared: Adopted

Published: April 17, 2015    Effective Date: May 8, 2015

 

 

____Jennifer Trelfa____________

Village Clerk

 

____Deb Buehner_____________

Village President