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Madison Heights City Zoning Code

CHAPTER 8

NONCOMMERCIAL SOLICITATIONS

Sec. 8-1. - Definitions.

For the purposes of this chapter, the following terms are defined:

Noncommercial solicitation shall mean the request by personal interview or otherwise of money, credit, property, financial assistance or other thing of value on the plea or representation that such money, credit, property, financial assistance or other thing of value, or any part thereof, will be used for a charitable, religious, political, patriotic, civic, educational or philanthropic purpose. "Noncommercial solicitation" shall also mean and include the sale or offer to sell any article, tag, ticket, emblem, publication, advertisement, subscription or other thing, whether of value or not, on the plea or representation that such money, credit, property, financial assistance or other thing of value, or any part thereof, whether received by the solicitor or purchased by the buyer, will be used for a charitable, religious, political, patriotic, civic, educational or philanthropic purpose.

Person shall mean any individual, firm, copartnership, corporation, company, association or joint stock association, church, religious sect, religious denomination, society, organization or league, and includes any trustee, receiver, assignee, agent or other similar representative thereof.

(Ord. No. 869, § 1, 9-24-90)

Sec. 8-14. - Required; exception.

No person shall solicit for any cause whatsoever, except as otherwise provided in this Code of Ordinances, within the city without first registering with the city clerk. Provided, however, that the provisions of this chapter shall not apply to solicitations conducted exclusively within the membership of an organization by its own officers and members.

(Ord. No. 869, § 1, 9-24-90)

Sec. 8-15. - Registration application; contents.

Registration applications under this chapter shall be filed with the city clerk upon forms to be furnished by the city clerk. The registration application shall contain the following information or, in lieu thereof, a detailed statement of the reason why such information cannot be furnished:

(1)

Name, address, telephone number and headquarters of person registering to solicit;

(2)

If the applicant is not an individual, the names and addresses of the applicant and its principal officers and managers;

(3)

The name and address of the registered agent who will accept service of process for claims and/or lawsuits against the applicant;

(4)

The purposes for which such solicitation is to be made and the use or disposition to be made of any receipts therefrom or property purchased if the same is to be distributed by solicitor;

(5)

The names and addresses of the person, or persons, who will be in direct charge of conducting the solicitations;

(6)

An outline of the method, or methods, to be used in conducting the solicitation;

(7)

The time when such solicitation shall be made, giving the proposed dates for the beginning and ending of such solicitations and the hours of the days thereof;

(8)

Such other information as may be required by the city manager for him or her to determine the nature of the proposed solicitation.

(Ord. No. 869, § 1, 9-24-90)

Sec. 8-16. - Filing false application.

It shall be a violation of this chapter for any person, knowingly, to file or to cause to be filed a registration application containing one or more false statements.

(Ord. No. 869, § 1, 9-24-90)

Sec. 8-17. - Issuance of a notice of registration of solicitor; contents.

(a)

The city clerk upon submission shall issue a notice of registration of solicitor to the applicant within a reasonable time.

(b)

The notice of registration of solicitor under this chapter shall bear the name and address of the person by whom the solicitation is made, the date issued, the dates within which the registration holder may solicit, and a statement that the registration does not constitute an endorsement by the city of the purpose of the solicitation or of the person or group conducting the solicitation. The notices of registration of solicitor shall be signed by the city clerk.

(Ord. No. 869, § 1, 9-24-90)

Sec. 8-18. - Expiration.

The dates within which the registered applicant under this chapter may solicit shall be set forth on the notice of registration of solicitor; provided, that no notice of registration shall grant the right to solicit for a longer period than one year from its date of issuance, and all permits shall expire on December 31 st of the year in which issued.

(Ord. No. 869, § 1, 9-24-90)

Sec. 8-19. - Nontransferable.

Any notice of registration of solicitor approved and issued under this chapter shall be nontransferable; provided, however, that this shall not prevent any permittee from using any number of solicitors and representatives; and provided further, that each solicitor and representative shall carry a facsimile copy of such notice of registration of solicitor while engaged in solicitation.

(Ord. No. 869, § 1, 9-24-90)

Sec. 8-20. - Registration fee.

City council by resolution shall establish a registration application fee.

(Ord. No. 869, § 1, 9-24-90)

Sec. 8-21. - Misrepresentation of endorsement by city.

No person shall represent that the issuance of a notice of registration of solicitor under this chapter is an endorsement by the city of the particular organization involved, and any such representation is hereby declared to be a misrepresentation of fact and subject to the provisions for revocation of the notice of registration of solicitor as provided in section 8-22.

(Ord. No. 869, § 1, 9-24-90)

Sec. 8-22. - Revocation.

If upon receipt of written information, or upon its own investigation, the police chief, or city manager, or their designees, has reason to believe that any officer, agent or representative of a registered solicitor is misrepresenting facts or has made untrue statements, either with words or by implication, with regard to solicitations or the purposes thereof, or has made untrue statements in the registration application, or that in any other way the solicitations have been conducted in violation of any part of this chapter and not in conformity with the intent and purpose of this chapter, or has in any way violated the ordinances of the city and/or the laws of the State of Michigan, or has in any way become an annoyance and/or nuisance to the citizens of the city (for example, and not by way of limitation, by failing to remove themselves from a premises when asked by the occupant or owner to do so or by becoming loud and/or disorderly), then the police chief or city manager or their designees shall immediately order the city clerk to suspend such notice of registration of solicitor and the city clerk shall cause notice thereof to be mailed to the registered applicant.

(Ord. No. 869, § 1, 9-24-90)

Sec. 8-23. - Hours of noncommercial solicitations; no solicitation on public right-of-way.

It shall be unlawful for any person as defined in this chapter to solicit for charitable, religious, political, patriotic, civic, educational or philanthropic purposes during any hours during the week, except from 10:00 a.m. to 9:00 p.m. Solicitation upon the streets and public walks of the city is expressly prohibited at any time; except as provided in chapter 26, article IV.

(Ord. No. 869, § 1, 9-24-90; Ord. No. 901, § 1, 5-10-93)

Sec. 8-24. - Solicitation prohibited on posted property.

It shall be a violation of this chapter for any person to enter onto any private premises where there is placed upon the premises in a conspicuous place a sign bearing the words "No Solicitation" or any similar notice indicating in any manner that the owner and/or occupant of the premises do not desire solicitors on the property.

(Ord. No. 869, § 1, 9-24-90)