The Michigan Vehicle Code, 1949 PA 300, MCL 257.1 et seq., and all future amendments and revisions to the Michigan Vehicle Code, when they are effective in this state, are incorporated and adopted by reference.

(Ord. No. 1000, § 1, 10-13-03; Ord. No. 1046, § 1, 1-22-07)

The Uniform Traffic Code for Cities, Townships, and Villages, R 28.1001 et seq., by authority conferred on the director of the department of state police by 1956 PA 62, MCL 257.951 et seq., and all future amendments and revisions to the Uniform Traffic Code for Cities, Townships, and Villages, when they are effective in this state, are incorporated and adopted by reference.

(Ord. No. 1000, § 1, 10-13-03; Ord. No. 1046, § 1, 1-22-07)

The Motor Carrier Safety Act of 1963, MCL 480.11 et seq., and all future amendments and revisions to the Motor Carrier Safety Act, when they are effective in this state, are incorporated and adopted by reference.

(Ord. No. 1000, § 1, 10-13-03; Ord. No. 1046, § 1, 1-22-07)

References in the Michigan Vehicle Code and the Uniform Traffic Code for Cities, Townships, and Villages to "local authorities" and "governmental unit" shall mean the City of Madison Heights.

(Ord. No. 1000, § 1, 10-13-03; Ord. No. 1046, § 1, 1-22-07)

References in the Motor Carrier Safety Act to "department of state police" shall mean the Madison Heights Police Department. References in the Motor Carrier Safety Act to "peace officer or an enforcement member of the motor carrier division of the department of state police" shall mean a duly sworn Madison Heights Police Officer.

(Ord. No. 1000, § 1, 10-13-03; Ord. No. 1046, § 1, 1-22-07)

The penalties provided by the Michigan Vehicle Code, the Uniform Traffic Code for Cities, Townships, and Villages, and the Motor Carrier Safety Act are adopted by reference, provided, however, that the city may not exceed any penalty of the Michigan Vehicle Code or the Uniform Traffic Code for Cities, Townships and Villages, for which the maximum period of imprisonment is greater than 93 days or $500.00 fine; provided however, a violation of MCL 257.625(1)(c), which the city hereby adopts by reference and in conforming with section 26-1, shall constitute a misdemeanor, punishable by one or more of the following penalties:

(1)

Community service for not more than 360 hours.

(2)

Imprisonment for not more than 180 days.

(3)

A fine of not less than $200.00 or more than $700.00.

(Ord. No. 1000, § 1, 10-13-03; Ord. No. 1046, § 1, 1-22-07; Ord. No. 1086, § 1, 4-23-12, eff. 5-3-12)

Cross reference— General penalty, § 1-7.

(a)

Purpose and intent.

(1)

Inclement winter weather impedes the movement of vehicular and pedestrian traffic and creates public safety concerns. To address these concerns, the city engages in various efforts to reduce or eliminate the accumulation of snow and ice upon public roadways. The primary method by which the city engages in such efforts is through the use of roadway snow plowing and salting equipment.

(2)

In order for the city's snow plowing efforts to be effective, the public roadways must be clear of parked vehicles, which constitute an obstruction of the city's efforts and contribute to the public safety concerns caused by inclement winter weather when such vehicles cause portions of the public roadways to remain unplowed. This article is intended to ensure increased public awareness of the problem and to require motor vehicle owners and operators to remove their vehicles from public roadways when a snow emergency occurs, thereby furthering public safety and welfare, and reducing the undue roadway safety risks caused by the accumulation of snow and ice around parked vehicles.

(b)

Definitions. The following definitions shall apply in the interpretation and enforcement of this article:

(1)

The city manager is the city manager, or, in his absence, his duly designated and acting representative.

(2)

The chief of police is the chief of police or, in his absence, his duly designated and acting representative.

(3)

Street or highway means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. Streets or highways that are not owned, maintained or snow plowed by the city or other governmental entity shall be excluded from this definition.

(4)

Snow emergency. A parking prohibition on some or all streets and highways, or parts thereof, declared by the city manager or his designee upon the occurrence of any one or more of the following conditions:

a.

Four inches or more of snow accumulation;

b.

A National Weather Service forecast predicting a snowfall of four or more inches within a 12-hour period;

c.

Occurrences of snow, ice, or freezing rain, or any combination thereof, that result in a total accumulation of four or more inches of snow and/or ice within a 36-hour period.

(c)

Prohibited parking. No person shall park or allow to remain parked any vehicle on any portion of any street or highway within the city during a snow emergency, or park or allow to remain parked any vehicle in violation of any parking restriction instituted as part of a declared snow emergency as provided in this article. The registered owner or lessee of any such vehicle shall be responsible for a municipal civil infraction and the cost of removal.

(d)

Notice of snow emergency declaration. The city manager or his designee shall cause each declaration made by him pursuant to this section to be publicly announced by means of a news media release to local television and/or radio within a normal operating range covering the city. Each declaration may also include other available city media such as message boards, municipal cable television channel, and the city's website.

(e)

Termination of prohibition, civil penalty. Once in effect, the prohibition under this section shall remain in effect until terminated by announcement of the city manager or his designee, in accordance with this section, except in any street area which has become substantially clear of snow and ice from curb to curb for the length of the entire block shall be automatically excluded there from. Any person, firm, partnership, or corporation that violates any provision of this section shall be deemed responsible for a civil infraction and shall pay a civil fine established by resolution of city council. To allow sufficient time for persons to remove their parked cars from the street, the parking prohibitions triggered by the declaration of a snow emergency shall become effective six hours after the declaration has been announced in accordance with this article.

(f)

Enforcement.

(1)

Members of the police department are hereby authorized to remove or cause the removal and impoundment of any vehicle that is found parked on any street in the city during a snow emergency. Such vehicle may be removed and conveyed by or under the direction of a member of the police department by means of towing to a vehicle impound lot. The chief of police is authorized to engage the services of the city's primary vehicle towing company to remove vehicles under the direction of a member of the police department where the same are found in violation of this article or other traffic ordinances and regulations of the city, except that if such company is not available or unable to tow the vehicle(s), the chief of police may utilize any other licensed and reputable towing company to assist with clearing the streets to ensure snow plow accessibility.

(2)

Whenever this article is alleged to have been violated, and regardless of whether the offending vehicle is impounded, police officers shall have the authority to issue and serve a municipal civil infraction citation upon the registered owner of a vehicle found parked in violation of this article. Such citation shall be in the form prescribed by state law, and may be either mailed to the registered owner via first class mail, or conspicuously affixed to the offending vehicle. A municipal civil infraction citation may be issued for each 24-hour period during which a vehicle is parked in violation of this article.

(3)

The registered owner or lessee of a vehicle is presumed, for purposes of this article, to be responsible for the operation and parking of that vehicle. In any prosecution with regard to a vehicle parked or left in a place or in a condition in violation of any provision of this article, proof that the particular vehicle described in the complaint was parked or left in violation of a provision of this article, together with proof that the defendant named in the complaint was at the time the registered owner or lessee of such vehicle, shall constitute prima facie evidence that the defendant is responsible for violating this article.

(4)

This article shall be supplemental to any other provisions of law granting members of the police department the authority to impound vehicles. The rules and regulations governing abandoned automobiles and the impoundment of vehicles, adopted by reference in chapter 20, shall be followed when impounding a vehicle under this article, except that no advance notice prior to impoundment shall be required other than the public notice specifically required in section 26-7(c).

(g)

Disabled vehicles. Whenever a vehicle becomes disabled for any reason, whether or not in violation of this article, on any roadway within the city, the person operating such vehicle shall take immediate action to have the vehicle removed from the roadway. No person shall abandon or leave a vehicle on a street or highway, regardless of whether the person indicates that the vehicle is disabled, except for the purpose of securing assistance during the actual time necessary to obtain assistance and return without delay.

(h)

Special parking permits. A special parking permit may be issued by the chief of police for any person, partnership or corporation or joint-stock company without driveways or for hardship cases as determined by the chief of police in his sole discretion. Owners of vehicles granted special parking permits will be issued identifying stickers or placards by the police department which shall be displayed during the snow emergency in the rear side window on the driver's side of the vehicle.

(i)

Relationship to other laws. Any provision of this article which becomes effective by declaration of the city manager or his designee shall, while temporarily in effect, take precedence over other conflicting provisions of law normally in effect, except that it shall not take precedence over provisions of law relating to traffic accidents, emergency travel of authorized emergency vehicles, or emergency traffic directions by a police officer. However, nothing in this article shall be construed to permit parking at any time or place where it is forbidden by any other provision of law.

(Ord. No. 743, §§ 1—5, 11-13-84; Ord. No. 768, §§ 1—5, 10-14-85; Ord. No. 912, § 1, 5-9-94; Ord. No. 1031, § 1, 3-22-04; Ord. No. 1060, § 1, 3-23-09; Ord. No. 1098, § 1, 12-21-13)

Cross reference— Snow removal licenses, etc., § 7-150 et seq.; police generally, Ch. 20; streets, sidewalks and other public places, Ch. 23; removal of snow and ice from sidewalks required; removal by city and assessment of costs, § 23-1.

(a)

"Distracted driving" means the following:

(1)

The physical manipulation of any wireless electronic entertainment or two-way communication device, including but not limited to cell phones, mobile computers such as tablets or laptops, walkie-talkies, or computer-aided dispatch systems, by dialing numbers, scrolling, typing, or entering letters, numbers, symbols, and/or text, or any combination thereof; or by playing games and utilizing applications; or by sending, receiving, and reading of any non-voice data in a device while the motor vehicle is in operation on any highway or street or place open to the general public within the City of Madison Heights. As used in this subsection, a wireless two-way communication device does not include a global positioning or navigation system that is affixed to the motor vehicle or the use of a hands-free device.

(2)

The physical manipulation or handling of any wireless electronic entertainment or two-way communication device for the purpose of speaking into, listening to voice data, or reading, while the motor vehicle is in operation on any highway or street or place open to the general public within the City of Madison Heights; or

(3)

Any action by the driver of a motor vehicle that diverts his or her attention from operating motor vehicle while that vehicle is on any highway, street or place open to the public within the City of Madison Heights, with such action including but not limited to: eating, reading, writing, performing personal hygiene/grooming, physical interaction with pets, passengers or unsecured cargo.

(4)

A person violating section subjection (a) shall be deemed responsible or a civil infraction and a fine of $100.00.

(b)

Subsection (a) shall not apply to a person using any wireless electronic entertainment or two-way communication device, while performing one or more of the following acts:

(1)

Reporting a traffic accident, medical emergency, serious road hazard, road rage incident, or the presence of a suspected drunk driver on the road.

(2)

Reporting an occurrence or situation in which the person believes his or her personal safety is in jeopardy.

(3)

Reporting or averting the perpetration or potential perpetration of a criminal act against the individual or another person.

(4)

Carry out official duties as a police officer, law enforcement official, member of a fire department, or operator of an emergency vehicle.

(Ord. No. 2178, § 1, 2-28-22)

Editor's note— Prior to reenactment by Ord. No. 2178, § 1, adopted Feb. 28, 2022, Ord. No. 1000, § 1, adopted Oct. 13, 2003, repealed § 26-8, which pertained to motor carrier safety and derived from Ord. No. 897, § 1, adopted Sept. 14, 1992.

Editor's note— Ord. No. 1000, § 1, adopted Oct. 13, 2003, repealed § 26-9, which pertained to size, weight and load provisions and derived from Ord. No. 897, § 1, adopted Sept. 14, 1992.

No person, who resides within this city, shall ride or propel a bicycle on any street or upon any public path set aside for the exclusive use of bicycles, unless such bicycle has been licensed to the owner thereof and a license is attached thereto.

(Code 1958, § 5-202; Ord. No. 186, § 1, 10-9-61; Ord. No. 526, § 1, 3-25-74)

Application for a bicycle license shall be made by the owner upon a form provided by the city and shall be made to the city clerk. A license fee of $1.00 shall be paid to the city treasurer before each license shall be granted. The term of the bicycle license shall be for the life of the ownership of the bicycle.

(Code 1958, § 5-203; Ord. No. 186, § 1, 10-9-61; Ord. No. 526, § 1, 3-25-74)

The city clerk, upon receiving proper application therefor, is authorized to issue a bicycle license bearing the license number assigned to the bicycle and the name of the city, and a synopsis of the rules governing the operations of a bicycle.

(Code 1958, § 5-204; Ord. No. 186, § 1, 10-9-61; Ord. No. 526, § 1, 3-25-74)

The city clerk shall keep a record of the number of each bicycle license, the date issued, the name and address of the person to whom issued, and the number on the frame of the bicycle for which issued, and a record of all bicycle license fees collected by him.

(Code 1958, § 5-204; Ord. No. 186, § 1, 10-9-61; Ord. No. 526, § 1, 3-25-74)

(a)

The applicant for a license under this article shall cause such license to be firmly attached to the bicycle.

(b)

The applicant's or a parent's drivers license number must be engraved on the bicycle.

(Code 1958, § 5-204; Ord. No. 186, § 1, 10-9-61; Ord. No. 526, § 1, 3-25-74)

(a)

Upon the sale or other transfer of ownership of a licensed bicycle, the licensee shall remove the license.

(b)

No person shall remove a license from a bicycle except upon a transfer of ownership or in the event the bicycle is dismantled and no longer operated upon any street in the city.

(Code 1958, §§ 5-204, 5-205; Ord. No. 186, § 1, 10-3-61; Ord. No. 526, § 1, 3-25-74)

The city council is hereby established as an appeals board which may grant waivers to the provisions of this article provided that said waiver will not be injurious to the affected property owners or the general public and that said waiver will not be contrary to the spirit and purpose of this article. All actions of this appeals board shall be legally advertised and notice of any proposed hearing shall be sent to property owners of record within 300 feet of the area of request.

(Code 1958, § 5-155; Ord. No. 300, § 1, 3-25-68)

There is hereby created a traffic safety committee consisting of the chief of police, the fire chief, the city engineer and the director of public works; said committee to serve in an advisory capacity to the city council, and whose duties shall be to receive all request and petitions regarding parking upon the public streets; alleys and other public places, and after consideration and study thereof to advise the city council concerning such parking and to make recommendation regarding waivers and variations of the parking requirements of this article. The city council upon receiving a report recommending a variation from the terms and requirements of this article may waive or vary the parking restrictions and requirements for any such area upon an affirmative vote of five members of the council.

(Code 1958, § 5-155; Ord. No. 202, § 1, 5-31-62)

(a)

All areas located between the back of the curb and the property line now restricted or not presently used for parking shall be restricted. When use of this area for parking is proposed, a permit for the improvement shall not be used until the proposal is referred to the traffic safety committee for study and recommendation and approved by the city council.

(b)

Where it is deemed that a hazardous traffic situation exists with respect to parking between the back of the established curb and the property line, said parking may be restricted in this area provided that ample parking is available to be used as a substitute for the eliminated parking. Such a change would be accomplished upon study and recommendation of the traffic safety committee and approval of the city council.

(Code 1958, § 5-155; Ord. No. 300, § 1, 3-25-68)

(a)

No person, firm or corporation shall hereafter park, or cause to be parked, stand, or stopped, a motor vehicle on any portion of the premises owned or used by any school district within the City of Madison Heights, where official signs have been installed prohibiting parking, standing or stopping, except when in compliance with the regulation contained upon such signs or in compliance with the directives of any police officer or traffic control device.

(b)

All drives on property of any school district located within the City of Madison Heights shall, within the intent and for the purpose of this section, be defined as highways, but shall not be open to public travel and shall be subject to the provisions of this section and the traffic code of the City of Madison Heights.

(Ord. No. 547, §§ 1, 2, 3-10-75)

Editor's note— Ord. No. 547, §§ 1, 2, adopted March 10, 1975, did not specifically amend the Code. Codification herein as § 26-36 was, therefore, at the discretion of the editor.

(a)

Parking of commercial vehicles on residential streets for more than six hours is prohibited. In the event the owner or persons in possession of said motor vehicle fails to remove the same after the lapse of six hours, the police department may in its discretion cause the same to be towed away and placed in the auto pound.

(b)

Cost of towing, storage and any other fines assessed by the court must be paid by the owner or person in possession of said motor vehicle prior to the release of said motor vehicle.

(c)

Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed $100.00 or be imprisoned for a period of not more than 30 days, or both such fine and imprisonment.

(Ord. No. 759, §§ 1, 4, 7-22-85)

Editor's note— Ord. No. 759, adopted July 22, 1985, amended the Code, but did not specify the manner of inclusion. At the editor's discretion, therefore, §§ 1, 4 of Ord. No. 759 have been codified as § 26-37.

Cross reference— General penalty, § 1-7; penalty for violations of this chapter, § 26-4.

(a)

When the chief of police or any officer designated by him shall make a determination that a motor vehicle is illegally parked in any posted area located between an owner's property line nearest to the curb and/or sidewalk and the back of a curb, such motor vehicle shall then be towed away and placed in the auto pound.

(b)

Cost of towing, storage and other fines assessed by the court must be paid by the owner or person in possession of said motor vehicle prior to the release of said motor vehicle.

(c)

Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed $100.00 or be imprisoned for a period of not more than 30 days, or both such fine and imprisonment.

(Ord. No. 760, §§ 1, 4, 8-12-85)

Editor's note— Ordinance No. 760, §§ 1, 4, adopted Aug. 12, 1985, enacted the provisions codified as § 26-38 above. Since said ordinance amended the Code but did not expressly provide the exact manner of codification, inclusion herein as § 26-38 has been at the editor's discretion.

Cross reference— General penalty, § 1-7; penalty for chapter violations, § 26-4.

Parking on streets in the City of Madison Heights the day trash collection is scheduled for those streets is prohibited between the hours of 7:00 a.m. and 4:00 p.m.

(1)

Determination of trash collection days. Trash collection days for the different streets within the City of Madison Heights shall be determined by the department of public services.

(2)

Notification. Signs giving notice of this section shall be posted upon or at the entrance to the street or part of the street affected as may be most appropriate and as determined by the assistant city manager for public services or his authorized representative and the police chief or his representative.

(3)

Civil penalty. Any person, firm, partnership, association or corporation that violates any provision of this section shall be deemed responsible for a civil infraction and shall pay a civil fine established by resolution of city council. A separate offense shall be deemed committed on each day during or at which a violation occurs or continues.

(4)

Special parking permits. A special parking permit may be issued by the police department for any person, firm, partnership, association or corporation without driveways or for hardship cases as determined by the police department in its sole discretion.

(Ord. No. 839, § 1(26-38(a)), 9-26-88; Ord. No. 855, § 1, 1-22-90; Ord. No. 1097, § 1, 12-21-13)

It shall be unlawful for the owner or operator of any motor vehicle to park said motor vehicle on the right-of-way of any major street in any manner except parallel where there is less than 29 feet between the back of the established curb and the property line. Major streets shall include those streets as defined in section 23-95. Written notice shall be given to each owner of record at least six months prior to any change in the parking from angular to parallel. Such notice to be sent by the building inspector.

(Code 1958, § 5-155; Ord. No. 300, § 1, 3-25-68)

(a)

Code enforcement officers of the community development department shall have the authority to issue and serve citations for violations of the ordinances involving the parking or standing of motor vehicles.

(b)

In addition to paragraph (a), the chief of police may authorize personnel other than a police officer to issue and serve citations for violations of the ordinances involving the parking or standing of a motor vehicle. If the individual authorized to issue parking violations is a volunteer, that individual may only issue and serve citations for violations of the ordinances relating to handicapped parking and shall receive proper training from the police department concerning the proper issuance and service of citations.

(Ord. No. 911, § 1, 4-11-94)

State Law reference— Similar provisions, MCL 257.674(1)(s).

No person shall stand in or on a roadway or highway in the City of Madison Heights for the purpose of soliciting business, employment or donations; peddling, hawking, or selling any merchandise for present or future delivery; or distributing any hand bills to or from the drive and/or occupant of any motor vehicle, without a permit, except as hereinafter provided.

(Ord. No. 803, § 1-4-27-87)

Any person that wants to stand in or on a roadway or highway in the City of Madison Heights for the purpose of soliciting business, employment or donations; peddling, hawking or selling any merchandise for present or future delivery; or distributing any handbills to or from the driver and/or occupant of any motor vehicle must obtain a permit from the city clerk authorizing such activity.

(Ord. No. 803, § 1, 4-27-87)

Applications for permits under this article shall be filed with the city clerk upon forms to be furnished by the city clerk. The 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 the person applying for the permit.

(2)

If the applicant is not an individual, the name and address of the applicant and the names, addresses and telephone numbers of the principal officers, partners or managers.

(3)

Name, address, telephone number of the person, or persons, who will be in direct charge of conducting the soliciting, peddling, hawking, selling or distributing.

(4)

Name, address and telephone number of every solicitor, peddler, hawker, seller, or distributor.

(5)

The purposes for which such soliciting, peddling, hawking, selling or distributing is to be made and the use or disposition to be made of any receipts therefrom.

(6)

An outline of the method, or methods, to be used in conducting the soliciting, peddling, hawking, selling or distributing.

(7)

The time when the soliciting, peddling, hawking, selling or distributing shall be made, giving the proposed dates for the beginning and ending of the aforesaid activities and the hours and the days thereof.

(8)

Such other information as may be required by the city manager for him/her to determine the kind and character of the proposed soliciting, peddling, hawking, selling or distributing and whether it is in the interest of, and not inimical to, the public welfare.

(Ord. No. 803, § 1, 4-27-87)

At the time of the filing of the application for a permit, each applicant shall be required to attach to the application a certificate of insurance, with a paid receipt, evidencing the following requirements: Coverage and indemnification in an amount not less than the sum of $250,000.00, combined single limit, which limit is subject to the city's approval; comprehensive general liability insurance, inclusive of products/completed operations, broad form contractual and broad form liability extensions, on a form, acceptable to the city; an insurance carrier acceptable to the city; and a designation of the city as an additional insured. The policy must contain a clause that in the event there is any cancellation of or material change in the policy, 30 days' advance written notice of such cancellation or material change must be provided to the City of Madison Heights, at its office, in city hall, and addressed to the attention of the city manager.

(Ord. No. 803, § 1, 4-27-87)

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

(Ord. No. 803, § 1, 4-27-87)

Editor's note— Ord. No. 999, § 1, adopted Oct. 13, 2003, repealed § 26-44, which pertained to highway solicitation authority committee—created; duties and derived from Ord. No. 803, § 1, adopted April 27, 1987.

The permit required by section 26-40 shall be issued when all of the following facts exist:

(1)

That the applicant is a person which is, as a matter of fact, engaged in a charitable, patriotic, civic, educational, philanthropic or religious activity, or engaged in raising funds for distribution to such persons or organizations.

(2)

That the net proceeds derived from the soliciting, peddling, hawking, selling or distributing, authorized under the permit, shall be used substantially for charitable, patriotic, civic, educational, philanthropic or religious purposes.

(3)

That the soliciting, peddling, hawking, selling or distributing will not become an annoyance or a nuisance to the citizens of the city and that such activities in no way conflict with the activities of any other person or organization previously authorized.

(4)

That the soliciting, peddling, hawking, selling or distributing shall inure to the benefit of the citizenry of the City of Madison Heights.

(5)

That the applicant has complied with all of the terms, obligations, and requirements of this chapter.

(Ord. No. 803, § 1, 4-27-87; Ord. No. 999, § 1, 10-13-03)

The applicant shall be notified, by first class mail, of a decision to approve, deny or modify the request for a permit. That in the event the applicant's request for a permit is denied or modified, the applicant shall have ten days from the posting date of notification to request, in writing, that the application be placed on the next regular council agenda for review by the city council. A report shall be submitted to the council citing the reasons for the denial or modification of the applicant's request for a permit. The council shall have the power to affirm, reverse, or modify the decision. Any council action reversing or modifying the decision shall be taken by majority vote.

(Ord. No. 803, § 1, 4-27-87; Ord. No. 999, § 1, 10-13-03)

The permits issued under this chapter shall bear the name and address of the person or persons by whom the soliciting, peddling, hawking, selling or distributing is made; the date issued; the dates, places and hours within which the permit holder may conduct the aforesaid activity; a statement that the permit does not constitute an endorsement by the city of the purpose of the activity or of the person or group conducting the activity; and, a statement that the permit holder is liable for any injuries to any person or property during this activity and shall indemnify the city as a result thereof.

(Ord. No. 803, § 1, 4-27-87)

The dates, times and places within which the permit holder under this chapter may solicit, peddle, hawk, sell or distribute shall be determined by the city; provided, however, that no permit shall grant the right to conduct this activity for a longer period than five days and all permits shall expire on December 31 of the year in which issued.

(Ord. No. 803, § 1, 4-27-87; Ord. No. 999, § 1, 10-13-03)

Any permit approved and issued under this chapter shall be nontransferable; further, the city manager may, at his/her discretion, require that each such solicitor, peddler, hawker, seller or distributor shall carry a facsimile copy of such permit while engaged in this activity.

(Ord. No. 803, § 1, 4-27-87)

No person shall represent that the granting of a permit under this chapter is an endorsement by the city of the particular person or organization involved or its activities, and any such representation is hereby declared to be a misrepresentation of fact and subject to the provisions for revocation of the permit as provided in the following section.

(Ord. No. 803, § 1, 4-27-87)

If any permit holder, officer, agent or representative of a permit holder is misrepresenting facts or has made untrue statements, or has misrepresented facts, either with words or by implication, with regard to the soliciting, peddling, hawking, selling or distributing, or the purposes thereof, or has made untrue statements in the application, or that in any other way the activity has been conducted in violation of any part of this chapter, and not in conformity with the intent and purpose of this chapter, then the permit shall be immediately suspended and the city clerk shall cause notice thereof to be mailed to the permit holder.

(Ord. No. 803, § 1, 4-27-87; Ord. No. 999, § 1, 10-13-03)

It shall be unlawful for any person to solicit, peddle, hawk, sell or distribute under this chapter between any hours during the week, except from 9:00 a.m. to 6:00 p.m. from September through March, and 9:00 a.m. to 9:00 p.m. from April through August, on the date and place stated in the permit.

(Ord. No. 803, § 1, 4-27-87)

A condition precedent to obtaining a permit for the purpose of soliciting, peddling, hawking, selling or distributing shall be the agreement by the permit holder that it shall be liable for any injuries to any person or property during the conduct of this activity and shall indemnify the city relative thereto.

(Ord. No. 803, § 1, 4-27-87)

Any person engaged in the act of solicitation shall wear a high visibility vest approved by the committee.

(Ord. No. 803, § 1, 4-27-87)

No person engaged in the soliciting, peddling, hawking, selling or distributing shall be 18 years of age or less.

(Ord. No. 803, § 1, 4-27-87)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed $100.00 or be imprisoned for a period of not more than 30 days, or both such fine and imprisonment.

(Ord. No. 803, § 1, 4-27-87)