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Orion Township


PROPOSED ORDINANCE ADOPTION AMENDMENT TO ORDINANCE NO. 95 PEDDLERS & SOLICITORS



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November 16, 2011 - NOTICE

CHARTER TOWNSHIP OF ORION

PROPOSED ORDINANCE ADOPTION AMENDMENT TO ORDINANCE NO. 95 PEDDLERS & SOLICITORS

REGULATION

The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, November 21, 2011, to be held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, proposes to adopt an ordinance to amend Ordinance No. 95, Peddlers & Solicitors Regulation, for the Charter Township of Orion, Michigan, to amend the definition of "peddler", and amend the license application process, renewal, fee and prohibitions, providing for repeal of conflicting ordinances and portions thereof; and providing an effective date.

The CHARTER Township of ORION OrdainS:

SECTION 1 of Ordinance

The provisions of Ordinance 95 shall be amended as follows:

Section 3 - Definitions

Peddler - the word "peddler" in this Ordinance shall include any person traveling by foot, wagon, automobile, or other conveyance, from place to place, from house to house, street to street, or remaining stationary in any placeon public property, carrying, conveying, or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, ice cream, flyers or other reading material, offering or exposing the same for sale, gift, or information. The word "peddler" shall include the words "hawker" and "huckster".

* * *

Local Tax Exempt Entity the words "local tax exempt entity", as used in this Ordinance, is considered an entity which has tax exempt status, has its primary address within Orion Township or a majority of its membership is within Orion Township and whose primary purpose is to benefit charitable or other community initiatives within Orion Township.

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Section 4 - License Application Process

A. No person shall peddle or solicit within the Township without first obtaining a license therefore. An application for such license shall be made to the Township Clerk. In the event an application is made by an organization, business, firm, corporation, partnership or other entity, an application must be made for each agent or employee who will be engaging in active soliciting or peddling.

B. The application shall be made on a form supplied by the Township Clerk and the applicant shall supply all information listed on the application before the application will be processed. Information, which shall be supplied by the applicant, shall include the following:

1. Proof that all vehicles used in the business operations of the applicant are properly insured. Such proof shall specify the name of the applicant's insurance company and the amount of the personal liability and property damage carried by the applicant.

2. Results of a background check from the Oakland County Sheriff's Department. It is the responsibility of the applicant to request a background check from the Oakland County Sheriff's Department and provide such result to the Township Clerk along with the application for license under this Ordinance.

3. If the business operation involves food products, the applicant must provide copies of all required health department inspections.

4. The application must include requested period of operation. The period of operation shall not exceed ninety (90) calendar days.

C. The application shall be made on a form supplied by the Township Clerk and the applicant must supply all information requested on the application before the application will be processed.

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Section 5.1 - Renewal

A license issued under the provisions of this Ordinance shall be valid for thirty (30) days. An applicant who wishes to renew their license for an additional thirty (30) day period may do so by making a request for renewal to the Township Clerk before the expiration of the initial thirty (30) day period or within thirty (30) days thereafter. The Clerk shall automatically grant renewal of the license unless the applicant has violated any provisions of this Ordinance.

Section 6 - License Fee

The application submitted pursuant to this Ordinance shall be accompanied by an initial license fee of Thirty-Five Dollars ($35). Said initial license will be valid for a period of thirty (30) days and may be renewed for an additional thirty (30) days at a cost of Fifteen Dollars ($15) for each thirty (30) day period of renewal.

A. The application submitted pursuant to this Ordinance shall be accompanied by a non-refundable license application fee of thirty-five dollars ($35.00).

B. A local tax exempt entity may request a waiver of the license application fee to the Township Board as part of the submitted application. If the Township Board does not approve the fee waiver, the Clerk shall not issue an approved license to the applicant until the license application fee is paid.

Section 7 - Prohibitions

The following acts or activities shall be prohibited:

A. No peddler or solicitor shall stop or remain in any one place upon any street, alley or public place.

B. No peddler or solicitor shall obstruct any street, alley, sidewalk, driveway or other public place.

C. No peddler or solicitor shall stop or remain in any one place upon private property.

D. No peddler or solicitor shall operate or maintain any stand, vehicle, store, or place of solicitation or peddling on or near any highway.

E. No peddler or solicitor shall enter upon and/or call upon the place of residence or business within Orion Township after having been expressly notified by the occupant or place of residence or business that no solicitation is desired.

F. No peddler or solicitor shall threaten or annoy any resident of the Township in the course of their solicitation or peddling or in any way engage in conduct which is or would tend to create a nuisance.

G. No peddler or solicitor shall engage in peddling or soliciting without carrying the license issued under the terms of this Ordinance.

H. No peddler or solicitor shall conduct any business within any Township Park or upon any property owned or controlled by the Township, without specific approval of the Township Board, separate from this license.

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Section 11 - Severability

In the event that any section, sentence, word, phrase, or part of this Ordinance shall be held invalid, such holding shall not affect the balance of the provisions hereof. The various parts, sections and clauses of this Ordinance are declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected.

Section 12 - Effective Date

This Ordinance shall take effect immediately upon publication, as provided by law. This Ordinance shall be published in full in a newspaper of general circulation in the Charter Township of Orion, qualified under State law to publish legal notices, and shall become effective upon publication, as provided by law.

Copies of the proposed Ordinance are on file in the office of the Township Clerk, 2525 Joslyn Road, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday. Written comments may be submitted before the meeting to Penny S. Shults, Clerk, at the address listed above.

Penny S. Shults, Clerk

Charter Township of Orion

Publish: 11.16.11

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