NOTICE OF SECOND READING ORDINANCE NO. 83 SOLICITATION ORDINANCE
July 27, 2011 - NOTICE OF SECOND READING ORDINANCE NO. 83 SOLICITATION ORDINANCE
NOTICE IS HEREBY GIVEN that the Township Board of the Charter Township of Springfield will hold a SECOND READING at its Regular Meeting on Thursday, August 11, 2011 beginning at 7:30 p.m. at the Springfield Township Civic Center, 12000 Davisburg Rd., Davisburg, MI to consider the following proposed Ordinance:
CHARTER TOWNSHIP OF SPRINGFIELD
OAKLAND COUNTY, MICHIGAN
ORDINANCE NO. 83
The Charter Township of Springfield ordains:
SECTION 1 – TITLE
This Ordinance shall be known as the Springfield Township Solicitation Ordinance.
SECTION 2 - PURPOSE
The purpose of this Ordinance is to improve and protect the public health, safety, and welfare by protecting the privacy of citizens, protecting the quiet enjoyment of citizens' homes and protecting citizens from unwanted solicitation. It prevents fraud and deceptive practices, prevents crime, and protects citizens and solicitors from personal injury. It protects citizens from excessive noise, regulates conduct in and around streets for the appropriate use of streets without interference, prevents danger to person and property, prevents delays, and avoids interference with traffic flow. It is intended to avoid distractions for drivers and to protect the public from abusive conduct of persons engaged in solicitation by imposing reasonable restrictions on solicitation while respecting the constitutional rights of free speech for all citizens. It protects citizens from aggressive conduct which causes fear, intimidation, disorder, and impairs citizens' use of public areas. It will inform the public and citizens of the nature, purpose, and background of charitable, service, religious, and other organizations that seek to solicit donations from occupants of vehicles on streets and roadways.
SECTION 3 - DEFINITIONS
As used in this Ordinance:
(1) "Charitable purpose" means philanthropic, religious, political, or other non-profit objectives, including the benefit of poor, needy, sick, refugees, or handicapped persons; the benefit of any church or religious society, section, group, or order; the benefit of a patriotic or veterans' association or organization; the benefit of any fraternal, social service, or civic organization, or the benefit of any education institution. "Charitable purpose" does not include: a) the direct benefit of the individual making the solicitation; and b) the benefit of any political group or political organization that is subject to financial disclosures under state or federal law.
(2) "Charitable solicitation" means using spoken, written, or printed words, gestures, pictures, or other means with the goal of obtaining the donation of money, property, or anything of value, or the selling or offering for sale of any property whether of any value or not, upon the express or implied representation that the proceeds will be used for a charitable purpose.
(3) "Commercial solicitation" means using spoken, written, or printed words, gestures, pictures, or other means with the goal of selling or offering for sale a thing of value or soliciting the sale of goods or services. Commercial solicitation includes the conduct of a "hawker" or "peddler." "Commercial solicitation" does not apply to any person engaged in the wholesale sale or distribution of goods, wares, or merchandise to a merchant or dealer in those goods, or to any person selling the products of his or her own farm, orchard, or garden.
(4) "Drummer" means any person who solicits or takes orders for a merchant employer whether or not that person exhibits samples for the purpose of effecting such sales.
(5) "Person" means any individual person, firm, partnership, corporation, or association.
(6) "Public place" means a place to which the public or a substantial group of persons has access, and includes, but is not limited to, streets, highways, sidewalks, parking lots, schools, parks, playgrounds and any publicly accessible portions of business premises.
(7) "Solicit" or "solicitation" means using spoken, written, or printed words, gestures, pictures, or other means with the goal of obtaining a donation of money or other thing of value or soliciting the sale of goods or services. "Solicit" or "solicitation" includes commercial or charitable solicitation as defined in this Ordinance.
SECTION 4 - SOLICITATION IN GENERAL
Any person engaged in solicitation is subject to the following provisions:
(1) A person shall not call upon, go upon the property of, or in any way disturb the occupant of a building to solicit, whether residential or commercial, if that building has prominently displayed on or near the front door or front window of the building a sign with letters at least one and one-half inches high stating: "No Solicitors," "No Soliciting," or substantially equivalent language.
(2) A person shall not solicit in an aggressive manner in any public place. "Aggressive manner" means any of the following:
(A) Approaching or speaking to a person, or following a person before, during or after soliciting, if that conduct is intended or is likely to cause a reasonable person to:
(i) Fear bodily harm to oneself or to another, damage to or loss of property, or
(ii) Otherwise be intimidated into giving money, or any other thing of value, or purchasing any thing whether it has value or not;
(B) Intentionally touching or causing physical contact with another person or an occupied vehicle without that person's consent in the course of soliciting;
(C) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;
(D) Using violent or threatening gestures toward a person solicited either before, during, or after soliciting;
(E) Persisting in closely following or approaching a person, after the person solicited has been solicited and informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor; or,
(F) Using profane, offensive, or abusive language which is inherently likely to provoke an immediate violent reaction, either before, during, or after solicitation.
(3) A person shall not solicit between the hours of 9:00 p.m. – 8:00 a.m.
(4) A person shall not solicit within 15 feet of any entrance or exit of any financial institution, automated teller machine or check cashing business during business or operating hours. This paragraph does not prohibit the lawful vending of goods and services within these areas.
(5) A person shall not solicit in any outdoor or indoor dining area of a restaurant or other establishment serving food for immediate consumption. A person is guilty of a municipal civil infraction under this paragraph if he or she continues to solicit after being asked to leave by the owner, manager, or owner's agent.
(6) A person shall not solicit within the limits of Springfield Township using either audible sound in excess of 55 decibels in residential areas, 65 decibels in commercial areas, and 70 decibels in industrial or other areas, or by a visible signal which is unreasonably distracting to operators of vehicles, pedestrians, or bicyclists, or which poses a threat to the health, safety, and welfare of the public.
SECTION 5 - COMMERCIAL SOLICITATION
(1) A person shall not engage in commercial solicitation within the limits of Springfield Township without obtaining a license in accordance with this Ordinance.
(2) A person shall not act as an agent, helper, or assistant to a person engaging in commercial solicitation without obtaining a commercial solicitation license.
(3) A person may apply for a commercial solicitation license by applying to the Township Clerk, on an application form to be furnished by the Clerk. An application must be signed by the applicant and state the manner in which the applicant intends to travel, trade, and conduct business. An application must include the applicant's address, physical description, name, and type of solicitation license desired two current photographs of the applicant, and a completed fingerprint card.
(4) Applicants seeking to engage in commercial solicitation shall pay a non-refundable fee as established by resolution of the Township Board, except:
(A) There is no fee required for a license to pursue the business of drummer within the limits of Springfield Township; and,
(B) Persons who are veterans and who have procured a State Peddler's License under MCL 35.441 et seq., are exempt from paying a fee for or procuring a license under this Ordinance while engaged in activity allowed under a State Peddler's License.
(5) The Clerk shall issue a license upon determining that an applicant has properly and accurately completed the application and that:
(A) The goods or services to be sold, or for which orders are to be solicited, do not constitute a threat to the health, safety, or welfare of the citizens of Springfield Township;
(B) The manner in which the goods or services are to be sold or for which orders are to be solicited does not constitute a threat to the health, safety, or welfare of the citizens of Springfield Township;
(C) All applicable Federal, State, and local laws have been complied with;
(D) Any previous license issued under this Ordinance has not been revoked or not renewed because of a violation of an ordinance or law within the previous year;
(E) A citation or complaint has not been issued by law enforcement or the Township of Springfield against the applicant or his or her employer or employees; and,
(F) There is no other cause or reason to deny the applicant's request for a license.
(6) If the Clerk determines, after a review of an application and all other relevant factors, that a license cannot be issued under this Section of the Ordinance, the applicant may request that the Township Board consider the application in the same manner prescribed for bringing all matters before the Board.
(7) Each license granted under this Section shall contain a current photograph of the licensee, the address, physical description and the type of license granted.
(8) Licensees shall carry licenses with them at all times while engaging in the licensed activity.
(9) A licensee shall not alter, remove, or obliterate any information on a license.
(10) All licenses issued under this Section shall expire on December 31st following the date of issue, unless a different date of expiration has been determined by the Clerk.
(11) The Clerk may suspend any license issued under this Section if the licensee violates a Springfield Township Ordinance or any condition or regulation under which the license was granted. The Clerk shall report all suspensions to the Township Board, which may, for cause shown, revoke or reinstate the license after giving the licensee reasonable notice and an opportunity to be heard. A person whose license has been revoked shall not be granted another license for a period of one year after a revocation. In the event of revocation, the license fee shall not be refunded.
(12) All commercial solicitation is prohibited in the following specified locations:
(A) A person shall not approach an operator or occupant of a motor vehicle for the purpose of commercial solicitation while the vehicle is located in any public place.
(B) A person shall not stand, sit, or remain next to the traveled part of any street in Springfield Township for the purpose of commercial solicitation of the operators or occupants of vehicles using the street.
SECTION 6 – CHARITABLE SOLICITATION
(1) A person shall not engage in charitable solicitation on the streets or roadways within the limits of Springfield Township without first obtaining a charitable solicitation license from the Township Clerk in accordance with this Section.
(2) A person shall only engage in charitable solicitation within time periods and locations granted in and shown on the license that authorizes his or her charitable solicitation.
(3) An individual person engaged in charitable solicitation shall carry his or her license at all times during the licensed activity and must display a copy of the license to police or Township officials upon request, and provide positive identification upon request.
(4) A person engaged in charitable solicitation on behalf of a licensed partnership, corporation, or association shall carry a copy of the partnership, corporation, or association's license, and must display a copy of the license to police or Township officials upon request, and provide positive identification upon request.
(5) A person may apply for a charitable solicitation license by applying to the Township Clerk, upon an application form to be furnished by the Clerk. An application must be signed by the applicant and state the following:
(A) The name of the individual or organization applying for a license to solicit funds for charitable purposes.
(B) A brief description of the charitable purpose for which the funds are to be solicited and an explanation of the intended use of the funds towards that purpose.
(C) Whether the person registering is an individual, partnership, corporation, or association;
(1) If an individual, the business and residence addresses and telephone numbers of the individual must be given;
(2) If a partnership, the names of all partners, the principal business address, the telephone numbers of all partners;
(3) If a corporation, the jurisdiction in which the corporation is organized, the name, address, and telephone number of the corporation's Michigan Registered Agent, the mailing address, business location, telephone, name of the individual in charge of the Michigan office; and,
(4) If an association, the principal business address and telephone number, a list of all association members and their telephone numbers if there are less than 10 or a list of the officers and directors and telephone numbers of the officers and directors if the members are more than 10. If the association is a multi-state entity, the name, address, and telephone number of its central office.
(D) The names, addresses, and telephone numbers of the person or persons in direct charge of the charitable solicitation of funds, if more than one individual will be soliciting; and,
(E) A daily schedule of the manner of solicitation, the location or locations, dates, times, and names of persons who will be soliciting funds.
(6) The manner in which the applicant and any agents intend to travel and conduct the charitable solicitation.
(7) The charitable solicitation license fee, if any, shall be provided as established by resolution of the Township Board. Applicants seeking to engage in charitable solicitation in the streets and roadways will not be charged a license fee.
(8) The Clerk shall issue a license within fifteen (15) days of receipt of a properly and accurately completed application and endorse upon it the location(s), days, and times Charitable solicitation is authorized upon determining that an applicant has properly and accurately completed the application and that:
(A) The manner in which the Charitable solicitation is to be conducted does not constitute a threat to the health, safety, or welfare of the citizens of Springfield Township;
(B) All applicable Federal, State and local laws have been complied with;
(C) Any previous license issued under the provisions of this or a previous ordinance has not been revoked or not renewed by reason of violation of ordinance or law in the previous year;
(D) A complaint has not been filed by anyone against the applicant or his employer or employees; and,
(E) There is no other cause or reason to deny the applicant's request for a license.
(9) If the Clerk determines, after a review of an application and all other relevant factors, that a license cannot be issued under this Section of the Ordinance, the applicant may request that the Township Board consider the application in the same manner prescribed for bringing all matters before the Board.
(10) A licensee, agent, or helper shall not alter, remove or obliterate any information on a license.
(11) All licenses issued under this Section shall authorize Charitable solicitation by a given individual, partnership, corporation, or association for no more than 3 days within the calendar year during which the solicitation on the roadway may occur. For purposes of this paragraph, a "day" means the period of daylight beginning one hour after sunrise and ending one hour before sunset. Any solicitation conducted on a particular calendar date shall be deemed to be a "day."
(12) The Clerk may suspend any license issued under this Section if the licensee violates a Springfield Township Ordinance or any condition or regulation under which the license was granted. The Clerk shall report all suspensions to the Township Board, which may, for cause shown, revoke or reinstate the license after giving the licensee reasonable notice and an opportunity to be heard. A person whose license has been revoked shall not be granted another license for a period of one year after a revocation. In the event of revocation, the license fee shall not be refunded.
SECTION 7 - PUBLIC DISCLOSURE
All license applications filed with the Clerk, whether or not a license has been granted, shall be a public record available for inspection in the Clerk's Office during regular business hours and copies may be obtained at a cost as established by resolution of the Township Board.
SECTION 8 - PENALTIES
A violation of the Township of Springfield Solicitation Ordinance shall be deemed to be a municipal civil infraction.
8.1 Violations and Penalties.
A. Civil Fines. In the event of a determination of responsibility for a municipal civil infraction, the civil fine shall be assessed as follows:
a) The First Offense. The civil fine for a first offense violation shall be in an amount of Seventy-Five Dollars ($75.00), plus costs and other sanctions, for each offense.
b) First Repeat of Offense. The civil fine for any offense which is a first repeat offense shall be in the amount of One Hundred Fifty Dollars ($150.00), plus costs and other sanctions, for each offense.
c) Second (or any subsequent ) Repeat of Offense. The civil fine for any offense which is a second or subsequent repeat offense shall be in an amount of Five Hundred Dollars ($500.00), plus costs and other sanctions, for each offense.
B. Other Remedies. In addition to ordering the defendant determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages and expenses, the Judge or Magistrate shall be authorized to issue any judgment, writ or order necessary to enforce, or enjoin violations of this Ordinance.
C. Continuing Offense. Each act of violation and each day upon which any such violation shall occur, shall constitute a separate offense.
D. Remedies Not Exclusive. In addition to any remedies provided for in this Ordinance, any equitable or other remedies available may be sought.
E. Costs, Damages, and Expenses. The Court shall also be authorized to impose costs, damages, and expenses as provided by law.
F. Default on Payment of Fines and Costs. A default in the payment of a civil fine, costs, or damages or expenses ordered under Subsection A or B or an installment of the fine, costs, or damages or expenses as allowed by the court, may be collected by the Township of Springfield by a means authorized for the enforcement of a judgment under Chapters 40 or 60 of the Revised Judicature Act, MCL 600.101, et. seq., MSA 27A.101, et seq., as amended.
G. Failure to Comply With Judgment or Order. If a defendant fails to comply with an order or judgment issued pursuant to this section within the time prescribed by the court, the court may proceed under Section I.
H. Failure to Appear in Court. A defendant who fails to answer a citation or notice to appear in court for a violation of this Ordinance is guilty of a misdemeanor, punishable by a fine of not more than Five Hundred Dollars ($500.00), plus costs and/or imprisonment not to exceed ninety (90) days.
I. Civil Contempt.
(1) If a defendant defaults in the payment of a civil fine, costs, damages, expenses, or installment as ordered by the district court, upon motion of the Township of Springfield or upon its own motion, the court may require the defendant to show cause why the defendant should not be held in civil contempt and may issue a summons, order to show cause, or bench warrant of arrest for the defendant's appearance.
(2) If a corporation or an association is ordered to pay a civil fine, costs, or damages or expenses, the individuals authorized to make disbursements shall pay the fine, costs, or damages or expenses, and their failure to do so shall be civil contempt unless they make the showing required in this subsection.
(3) Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure on his or her part to make a good faith effort to obtain the funds required for payment, the court shall find that the default constitutes a civil contempt and may order the defendant committed until all or a specified part of the amount due is paid.
(4) If it appears that the default in the payment of a civil fine, costs, or damages or expenses does not constitute civil contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of payment or of each installment or revoking the fine, costs, or damages or expenses.
(5) The term of imprisonment on civil contempt for nonpayment of a civil fine, costs, damages or expenses shall be specified in the order of commitment and shall not exceed one day for each Thirty Dollars ($30.00) due. A person committed for nonpayment of a civil fine, costs, damages or expenses shall be given credit toward payment for each day of imprisonment and each day of detention in default of recognizance before judgment at the rate of Thirty Dollars ($30.00) per day.
(6) A defendant committed to imprisonment for civil contempt for nonpayment of a civil fine, costs, or damages or expenses shall not be discharged from custody until one of the following occurs:
(a) Defendant is credited with an amount due pursuant to Subsection I(5).
(b) The amount due is collected through execution of process or otherwise.
(c) The amount due is satisfied pursuant to a combination of Subsections I(6)(a) and (b).
(7) The civil contempt shall be purged upon discharge of the defendant pursuant to Subsection I(6).
SECTION 9 – SEVERABILITY
Should any provision or part of this ordinance be declared by any court of competent jurisdiction to be invalid or unenforceable, the same shall not affect the validity or enforceability of the balance of this ordinance, which shall remain in full force and effect.
SECTION 10 – REPEALER
All other ordinances or parts of ordinances in conflict with this ordinance are hereby repealed only to the extent necessary to give this ordinance full force and effect.
SECTION 11 - SAVINGS CLAUSE
Nothing in this ordinance shall be construed to affect any suit or proceeding pending in any court or any rights acquired or any liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 11 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this ordinance.
SECTION 12 - EFFECTIVE DATE
This ordinance shall take effect upon publication of Notice of Adoption, in the manner prescribed by law. This ordinance shall be published in the manner provided by law.
NOTICE IS FURTHER GIVEN, that documents related to the proposed ordinance, may be examined at the Springfield Township Clerk's Office, 12000 Davisburg Rd., Davisburg, MI during regular office hours. Written comments may be submitted to the Springfield Township Clerk's Office, Davisburg, MI 48350 up until the time of the Second Reading. Those persons needing a special accommodation should contact the Clerk's Office at least two (2) business days in advance.
Published: July 27, 2011 Laura Moreau, Clerk