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COLOMA CHARTER TOWNSHIP
BERRIEN COUNTY, MICHIGAN

ORDINANCE NO. 68

Adopted April 9, 2003
Effective May, 2 2003

An Ordinance to regulate the business of sale or solicitation of goods, merchandise, services or donations within the Coloma Charter Township of Coloma, Berrien County, Michigan, 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 a valid claim, right or title by hawkers, vendors, peddlers, door-to-door salesmen or solicitors; to provide for the licensing and/or registration of such activities; to provide sanctions for violations of such activities; and to repeal all Ordinances or parts of Ordinances in conflict herewith.

THE CHARTER TOWNSHIP OF COLOMA
BERRIEN COUNTY, MICHIGAN

ORDAINS:

Section I.  Title

This ordinance shall be known and cited as the Coloma Charter Township Hawkers, Peddlers and Solicitors Ordinance.

Section II.  Definitions.

A.   The terms “hawking”, “peddling”, “vending”, “door-to-door selling” or solicitating”, or any variation of the same, shall be defined for the purposes of this ordinance as many activity involving selling or soliciting of the same of any goods, merchandise, services, 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 a valid claim of right or title by the person, firm or corporation engaged in 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 eleemosynary non-profit organization ow which no part of the net income inures to the direct benefit of any individual if said organization has received a declaration of current tax exempt status from the United States.

Section III.  License.

A.  Licensing 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 Charter Township of Coloma without first obtaining a license therefore from the Township Clerk which shall only be issued where the applicant qualifies therefore under the terms of this Ordinance.  This requirement shall not apply to charitable/religious organizations or duly appointed representatives soliciting donations on behalf of the same.

B.  Issuance of License.  No such license shall be issued unless and until (1) the required license fee has been paid to the Charter Township of Coloma, (2) the Township Clerk is satisfied that the business will be conducted without any undue influence, misrepresentation, or lack of proper disclosure of material information concerning the subject of solicitation, and (3) a written application therefor has been filed with the Township Clerk accurately, disclosing the following information.

i.  Name and address of the applicant.

ii.  Name and address of all individuals who will be hawking, peddling, vending, door-to-door selling, or soliciting within the Charter Township of Coloma on behalf of the applicant.

iii.  A list of the products or services to be sold or solicited.

iv.  The area or place of solicitation.

v.  A general description of the method of solicitation.  The description shall include a statement as to whether or not the applicant will be soliciting payment from customers prior to the time of delivery of the product or service being purchased.

vi.  The names of the last five municipalities in which such business was previously conducted and the dates of the same.

vii.  The particular hours each day and the dates when the business is proposed to be conducted with Coloma Charter Township.

viii.  A copy of the order form or contract to be u sed in the solicitation and any other written or printed material to be employed for the information of customers.

ix.  A copy of any identification card to be carried by each solicitor.

C.  Denial of License.  No license shall be issued or continued where an applicant or its agents or employees is shown to engage in misrepresentation, failure of disclosure of material information concerning the subject of solicitation, misleading advertising, misleading order forms or contracts; or in any threatening, harassing, or physically intimidating manner; or in disregard of the private property rights or rights to privacy of a person solicited.

If the Township Clerk determines that an application for license under this Ordinance must be denied, the Township Clerk shall inform the applicant of this fact by written notice either personally served on the applicant or mailed by First Class Mail to the applicant’s last known address.  This written notice shall inform the applicant of the reasons the application was denied and of the applicant’s right to appeal this matter to the Township Board by filing a written request for such an appeal with the Township Clerk within ten (10) days from the date of personal service or of the mailing of the notice of denial to the applicant.  The applicant shall be intitled to at least seven (7) days prior notice in writing personally served or mailed to the applicant’s last known address of the date, time and place of the Township Board meeting at which the applicant’s appeal will be considered.  The applicant shall have an opportunity to present any evidence or argument on its behalf at such time.  If the Township Board determines that the applicant’s appeal should be denied, the reasons for this decision shall be put in writing and mailed to the applicant at its last known address within eight (8) days after the Township Board decision concerning the same.

D.  Duration of License, Renewal.  No license issued hereunder shall be issued for a longer period of time than one (1) year.  Successive licenses may be obtained upon application therefor, and the filing of any changes in the information shown on the original application, provided all regulations herein have previously been fully complied with.  No license fee shall be charged for the issuance of said license.

E.  Suspension or Revocation of License.  Any license issued under the within Ordinance may be revoked or suspended during the 12 month period of its issuance as a result of any violations of this Ordinance or as a result of conduct which would cause the license to be denied under the within Ordinance.  Such revocation or suspension shall be determined by the Township Board at a meeting of said Board preceded by  notice to the licensee of the proposed action and the reasons therefor, and the time, date and place of meeting at which the latter is to be heard.  This notice shall be either personally served or mailed by First Class Mail to the applicant’s last known address at least sever (7) days prior to the date of the Township Board meeting at which this matter is to be heard.  The licensee shall have an opportunity to present any evidence or arguments on behalf of the licensee at such time.   The extent of the suspension or revocation shall be in the discretion of the Township Board and shall be based upon the nature of the violation or violations which have occurred, the frequency thereof, and the likelihood of correction with the respect to future operations.   The reason for any suspension or revocation shall be set forth in writing and mailed to the licensee at the last known address of the licensee within eight (8) days after the Township Board decision concerning the same.

Section IV.  Bond Requirement.

A.  No charitable/religious organization may engage in any hawking, peddling, vending, door-to-door selling or soliciting which violates any of the provisions of this Ordinance pertaining to a licensee or applicant for a license and until the organization has first registered with the Township Clerk by filling out and filing with the Clerk a registration form disclosing the following information:

i.  Name and address of applicant.

ii.  The are or place of solication.

iii.  A general description of the method of solicitation.

iv.  The particular hours each day and the dates when the solicitation is to be conducted within the Township.

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

Section VI.  Hours of Operation.

No hawking, peddling, vending, door-to-door selling or soliciting, including any such activity performed on behalf of a charitable/religious organization, shall take place from the hours of 9:00 P.M. to 8:00 A.M.

Section VII.  Sanctions.

Any violation of this ordinance shall be deemed to be a municipal civil infraction as defined by Michigan statute which shall be punishable by a civil fine determined in accordance with the following schedule. 

                                                                                    Minimum Fine          Maximum Fine

1st Offense within a 3-year period*                                    $  75.00                      $500.00
2nd Offense within a 3-year period*                                   $150.00                      $500.00
3rd Offense within a 3-year period*                                   $325.00                      $500.00
4th or More Offense within a 3-year period*                     $500.00                      $500.00

*Determined on the basis of the date of commission of the offense(s).

Additionally, the violator shall pay costs which may include all expenses, direct and indirect, to which Coloma Charter Township has been put in connection with the municipal civil infraction.  In no case, however, shall costs of less than Nine dollars ($9.00) nor more than Five Hundred Dollars ($500.00) be ordered.  In addition, the Township shall have the right to proceed in any court of competent jurisdiction of the purpose of obtaining an injunction, restraining order or other appropriate remedy to compel compliance with this Ordinance.  Each day a violation exists shall constitute a separate offense. 

Section VIII.  Administrative Liabilty.

No Township officer, agent, appointee, contractor employee, or member of the Township Board, shall be personally liable for any damage that may accrue to any person as a result of any act, decision or other consequence or occurrence arising of the discharge of duties and responsibilities pursuant to this Ordinance.

Section IX.  Severability and Captions.

This Ordinance and the various parts, sections, subsections, sentences, phrases and clauses hereof are declared to be severable.  If any part, section, subsection, sentence, phrase or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. The captions included at the beginning of each section are for convenience only and shall not be considered a part of this Ordinance.

Section X.  Repeal.

All other ordinances, parts of ordinances, or amendments thereto, any of which are in conflict with the provisions of this Ordinance, are hereby repealed in their entirety to the extent of such conflict.

Section XI.  Effective Date.

This Ordinance was approved and adopted by the Coloma Charter Township Board, Berrien County, Michigan, on the 9th day of April, 2003, after introduction and a first reading on March 12, 2003 and publication after such first reading as required by Michigan Act 359 of 1947, as amended.  This Ordinance shall be effective on May 2, 2003.

CERTIFICATION

I hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the Coloma Charter Township Board at a meeting held on the 9th day of April, 2003, the original of which is on file in my office and available to the public.  Public notice of said meeting was given pursuant to an in compliance with the Open Meetings Act, Act. No. 167 of the Public Acts Of Michigan 1976, including in the case of a special or rescheduled meeting, notice by posting at least eighteen (18) hours prior to the time set for said meeting.

Dated:  April 30, 2003

Nancy Baiers, Township Clerk