Chapter 14 BUSINESSES
Article III. PEDDLERS AND SOLICITORS
Division 1. Generally
Sec. 14-71. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Canvasser and solicitor mean a person who goes from place to place, house to house, or person to person, selling or taking orders for or offering to sell or take orders for goods, wares, merchandise or any article for future delivery or for services to be performed in the future or for the making, manufacturing or repairing of any article or thing whatsoever for future delivery or for the solicitation of money for any purposes whatsoever.
Non-profit-making vendor means a person who solicits for a nonprofit organization.
Peddler and hawker mean a person who goes from house to house on foot or with a conveyance, carrying goods, wares or merchandise for the purpose of selling and delivering to customers.
(R.O. 1979, § 9-1)
Cross references: Definitions generally, § 1-2.
Sec. 14-72. Penalty.
Any person who violates any provision of this article shall, upon conviction thereof, be punished in accordance with section 1-7. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(R.O. 1979, § 9-13)
Sec. 14-73. Conduct of permittees generally.
No permittee under this article shall:
(1) Solicit, canvass, hawk or peddle before 9:00 a.m. or after 9:00 p.m. of any day or at any time on Sunday except for the approved charitable purposes, excepting, however, that ice cream vendors shall be permitted to sell on township streets during permitted hours on Sunday, but shall not be permitted to solicit from door to door on that day.
(2) Call attention to the business or to merchandise by crying out, by blowing a horn, by ringing a bell other than a doorbell at a house, or by any loud or unusual noise.
(R.O. 1979, § 9-8; Ord. No. 11-93, § I, 3-16-93)
Sec. 14-74. Identification card and hours of operation for nonprofit-making vendors.
(a) Each nonprofit-making vendor shall carry an identification card, which shall be issued by the township clerk, and the vendor shall display the card upon request.
(b) No nonprofit-making vendor shall solicit before 9:00 a.m. or after 9:00 p.m. on any day of the week.
(R.O. 1979, § 9-10; Ord. No. 11-93, § II, 3-16-93; Ord. No. 35-93, § 1, 8-5-93)
Division 2. Permit
Sec. 14-91. Required.
No person shall engage in the business of solicitor, canvasser, hawker or peddler within the township without first obtaining a permit therefor as provided in this division.
(R.O. 1979, § 9-2)
Sec. 14-92. Application.
(a) An application for a permit under this division shall be filed with, and on forms provided by, the clerk. Every application shall be verified under oath and shall contain such information determined to be necessary to identify each person or organization and the cause or purpose of the solicitation.
(b) Applications by firms or corporations shall indicate the names and residences of each salesperson or solicitor who will sell, canvass or solicit under the permit if issued.
(R.O. 1979, § 9-3; Ord. No. 52-95, § 6, 12-28-95)
Sec. 14-93. Investigation and report by chief of police.
(a) Upon receipt of an application for a permit under this division, the original shall be referred to the chief of police, who shall cause such investigation of the applicant’s business and moral character to be made as is deemed necessary for the protection of the public.
(b) Upon completion of the investigation, the chief of police shall make a written report to the manager with such recommendations regarding approval or disapproval as may be appropriate.
(R.O. 1979, § 9-4)
Sec. 14-94. Issuance; denial due to criminal record.
(a) Prior to issuing any permit under this division, the township clerk shall consider all of the information supplied in and with the application, as well as the police report.
(b) No permit shall be denied on the grounds that the applicant has a criminal record unless the township clerk determines that the conviction relates adversely to door-to-door soliciting. In making such a determination, the following factors shall be considered:
(1) Nature of the door-to-door solicitation.
(2) Nature and seriousness of the crime.
(3) Circumstances under which the crime occurred.
(4) Date of the crime.
(5) Age of the person when the crime was committed.
(6) Whether the crime was an isolated or repeated incident.
(7) Social conditions that may have contributed to the crime.
(8) Evidence of rehabilitation.
(R.O. 1979, § 9-5)
Sec. 14-95. Permit card.
(a) Permits issued under this division shall be evidenced by a card to be supplied to such permittee, which shall contain the following:
(1) The permit number.
(2) A passport-size photograph.
(3) The term of the permit.
(4) The signature of the permittee.
(5) The name, address, date of birth and social security number of each agent or representative who will solicit, canvass or distribute literature within the township.
(b) The permit card shall be carried by the permittee at all times while engaged in the business for which the permit was issued.
(c) A permit shall be valid for one calendar year which shall run from January 1 to December 31 of the calendar year in which it is issued. There shall be an annual fee, which shall be charged for the annual permit, or for any portion of the calendar year without proration. No more than one individual shall utilize any one license. Where an organization has several agents engaged in solicitation activities within the township, each agent shall be separately licensed, and pay the annual permit fee.
(R.O. 1979, § 9-6; Ord. No. 52-95, § 6, 12-28-95)
Sec. 14-96. Fee.
(a) The fee for a permit under this division shall be in accordance with the fee schedule in appendix A of these Revised Ordinances.
(b) Such fees are imposed to cover the administrative costs of this article.
(R.O. 1979, § 9-7)
Sec. 14-97. Authority of manager to grant exemptions; appeals.
(a) In passing on applications for permits under this division, the manager shall have the power to determine if a particular organization or activity is an approved charitable purpose. The manager shall have the power to exempt others from the provisions of sections 14-93 through 14-96 when enforcement of these sections would create substantial hardship on the applicant.
(b) Persons or organizations aggrieved by the decision of the manager with respect to this section or the manager’s refusal to issue a permit for any reason shall have the right to appeal to the council, which may either reverse or affirm the decision.
(R.O. 1979, § 9-11)
Sec. 14-98. Revocation.
A permit issued under this division may be revoked by the council by reason of the violation of the terms of the permit, the violation of any township ordinance or state or federal statute, or falsification in applying for a permit. Upon the revocation of such permit, such person shall be entitled to a notice and hearing before the council, if requested within five days of revocation.
(R.O. 1979, § 9-12)
Sec. 14-99. No Solicitation List.
No person subject to the terms of this chapter shall make any solicitation within the township limits where solicitors are notified by sign posted by a township resident on the door or premises that soliciting is prohibited. No person subject to this chapter shall make any solicitation to any address within the township which is contained on a “No Solicitation” list maintained by the township of residences not to be solicited. The township clerk shall provide each person securing a permit with the “No Solicitation” list and shall take suitable steps to inform the residents of the township that they may be included on such list at their discretion.