West Bloomfield Charter Township
City Zoning Code

It is the intent of this article to regulate and control the holding of garage sales, as they may become nuisances and safety hazards if not so regulated, and so that residential areas do not become commercialized through a proliferation of garage sales and similar commercial activity.

(Ord. No. 93, § 1.00, 9-20-76)

The following words, terms and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section:

Estate sale means a sale to liquidate an estate and which is conducted by a professional estate sale company by selling the personal property belonging to the occupants of a residential dwelling and conducted at the residence.

Garage sale means a sale conducted by a person from his or her residence of the personal property belonging to the resident, including liquidation sales conducted by the resident, whereby household items are displayed in the yard, garage, patio, parking area or in, around or near the residence. It shall also include joint neighborhood garage sales. Garage sale shall not mean the sale of a single automobile by means of a "For Sale" sign in the window of such vehicle parked near a residence.

Salesmen's or free samples means items which were packaged and designed to introduce products to consumers and which were distributed by salesmen or otherwise without charge.

Wholesale means sales in bulk or individually to dealers or persons who intend to resell such items.

(Ord. No. 93, § 2.00, 9-20-76; Ord. No. C-93-A, § 1, 1-25-99; Ord. No. C-760-A, § 1, 11-17-14)

Cross reference— Definitions and rules of construction generally, § 1-2.

No person shall hold a garage sale within the township without first obtaining a permit therefor. Application for a permit shall be made to the township clerk's office on forms to be provided by the township clerk. A garage sale permit fee shall be set by resolution of the township board and shall be paid before a garage sale permit is issued. The fee shall include the cost of issuance of two (2) garage sale signs. Up to three (3) additional signs may be purchased at the clerk's office for five dollars ($5.00) per sign.

(Ord. No. 93, § 3.00, 9-20-76; Ord. No. C-760-A, § 1, 11-17-14)

(a)

No person shall have more than two (2) garage sales at any location per calendar year.

(b)

No garage sale may last more than seventy-two (72) hours.

(c)

Only township-issued garage sale signs are permitted to be used to advertise a garage sale in the township. The number of garage sale signs that may be placed around the township are limited to no more than a total of five (5) garage sale signs. Garage sale signs may be used on the dates of the garage sale and shall be removed the day after the garage sale ends.

(d)

Garage sale signs shall not be allowed within the public road right-of-way, and must be placed a minimum of twenty (20) feet off the edge of the road. Garage sale signs shall not be attached to any fence, post, wall, tree, pole, or upon any other structure in any street, highway, alley, or public place in the township. Property owner permission is required prior to placement upon private property.

(Ord. No. 93, § 4.00, 9-20-76; Ord. No. 93-A, 6-19-78; Ord. No. C-760-A, § 1, 11-17-14)

(a)

No wholesale sales shall be made at any garage or estate sale.

(b)

No salesmen shall be permitted to sell non-household goods at the home and no free samples or pre-packaged products shall be sold at any garage or estate sale.

(c)

Garage and estate sales shall be limited to sales of items which had actually been used in the normal course of residential living in the home at which the sale is to occur and shall not be transported to such home for purposes of sale.

(d)

For joint garage sales between or among two (2) or more homes, the following shall apply:

(1)

Sales shall be limited to items which had actually been used in the normal course of residential living in one of the homes participating in the garage sale; and

(2)

All of the homes participating in the garage sale shall be located within the same subdivision, or, if the homes are not located within a subdivision, all of the homes participating in the garage sale shall be located within two thousand five hundred (2,500) feet of the home in which the sale is to occur.

(Ord. No. 93, § 5.00, 9-20-76; Ord. No. C-93-A, § 2, 1-25-99; Ord. No. C-760-A, § 1, 11-17-14)

(a)

No garage or estate sale shall continue later than one-half hour after sunset, nor begin prior to 9:00 a.m.

(b)

No garage or estate sale shall be situated so as to obstruct traffic, nor shall any patrons park their vehicles so as to obstruct traffic.

(c)

Excessive noise emanating from the area of any garage or estate sale is expressly prohibited.

(Ord. No. 93, § 6.00, 9-20-76; Ord. No. C-760-A, § 1, 11-17-14)

(a)

The person to whom a permit has been issued under this article, identified on the garage sale permit, shall be responsible for compliance with this article, and with all other applicable laws and ordinances in connection with the garage sale.

(b)

If the garage sale is conducted by an organization, entity or more than one individual, a specific individual shall be identified as the person responsible for such compliance.

(c)

The person to whom the permit has been issued, and identified on the permit, shall present a recognized form of identification (e.g., State of Michigan Driver's License) at the time the garage sale permit is secured from the township clerk's office. The driver's license number or other form of identification number shall be written on the application.

(Ord. No. 93-B, § 1, 8-16-99; Ord. No. C-760, § 1, 5-23-12)

(a)

A permit is not required for an estate sale conducted by a professional estate sale company.

(b)

No estate sale shall last more than ninety-six (96) hours.

(c)

The number of estate sale signs erected within the township shall not exceed fifteen (15) temporary signs. All estate sale signs shall be removed the day after the estate sale ends.

(d)

Estate sale signs shall not exceed three (3) square feet in size, shall not be allowed within the public road right-of-way, and must be placed a minimum of twenty (20) feet off the edge of the road. Estate sale signs shall not be attached to any fence, post, wall, tree, pole, or upon any other structure in any street, highway, alley or public place in the township. Property owner permission is required prior to placement upon private property.

(Ord. No. C-760-A, § 2, 11-17-14)

A person who violates or fails to comply with any of the provisions of this chapter shall be issued a municipal civil infraction citation as authorized by the Revised Judicature Act, MCL 600.8701, et seq.; and section 1-10 of the Code of Ordinances. If found responsible, the respondent shall be subject to the penalties provided for Municipal Civil Infractions in section 1-10 of the general penalty provisions of the Code of Ordinances.

(C-841, § 5, 2-24-25)

For the purpose of this article, the following words and phrases shall be defined as follows:

Agent or employee means a person who, for compensation or valuable consideration, is employed either directly or indirectly by a dealer.

Certificate of registration means a type of business license required by MCL 445.483 in order for a person to engage in the ordinary course of repeated and recurrent transactions of buying or receiving precious items from the public.

Customer means the person from whom the dealer or the agent or employee of the dealer receives or purchases a precious item.

Dealer means any person who in whole or in part, engages in the ordinary course of repeated and recurrent transactions of buying or receiving precious items from the public within this township.

Gold means elemental gold having an atomic weight of 196.967 and the chemical element symbol of Au, whether found by itself or in combination with its alloys or any other metal.

Internet drop-off store means a person that meets all the conditions described in section 19-34 and has a fixed place of business within the township where the person exclusively transacts all purchases or sales by means of the internet and the purchases and sales are not physically transacted on the premises of that fixed place of business.

Jewelry means an ornamental item made of a material that includes a precious gem.

Local police agency means the West Bloomfield Police Department or the county sheriff of the county, in which the dealer or internet drop-off store conducts business.

Platinum means elemental platinum having an atomic weight of 195.09 and the chemical element symbol of Pt, whether found by itself or in combination with its alloys or any other metal.

Precious gem means a diamond, alexandrite, ruby, sapphire, opal, amethyst, emerald, aquamarine, morganite, garnet, jadeite, topaz, tourmaline, turquoise or pearl.

Precious item means jewelry, a precious gem, or an item containing gold, silver, or platinum.

Precious item does not include the following:

(1)

Coins, commemorative medals, and tokens struck by, or in behalf of, a government or private [mint].

(2)

Bullion bars and discs of the type traded by banks and commodity exchanges.

(3)

Items that at the time were purchased directly from a dealer registered under this article, a manufacturer, or a wholesaler who purchased them directly from a manufacturer.

(4)

Industrial machinery or equipment.

(5)

An item being returned to or exchanged at the dealer where the item was purchased and which is accompanied by a valid sales receipt.

(6)

An item which is received for alteration, redesign, or repair in a manner that does not substantially change its use and returned directly to the customer;

(7)

An item which does not have a jeweler's identifying mark or a serial mark and which the dealer purchases for less than five dollars ($5.00);

(8)

Scrap metal which contains incidental traces of gold, silver, or platinum which are recoverable as a by-product;

(9)

Jewelry which a customer trades for other jewelry having a greater value, and which difference in value is paid by the customer.

Silver means elemental silver having an atomic weight of 107.869 and the chemical element symbol of Ag, whether found by itself or in combination with its alloys or any other metal.

(Ord. No. C-760-B, § 1, 12-1-25)

The Precious Metal and Gem Dealer Act, Public Act 95 of 1981, as amended, found at MCL 445.481 et seq., requires a precious metal and gem dealer that engages in the ordinary course of repeated and recurrent transactions of buying or receiving precious items from the public within the Charter Township of West Bloomfield to obtain a valid certificate of registration from the township. This article is adopted to implement the registration requirements of the Act.

(Ord. No. C-760-B, § 1, 12-1-25)

A precious metal and gems dealer that engages in the ordinary course of repeated and recurrent transactions of buying or receiving precious items from the public within the township shall not conduct business unless the dealer has obtained a valid certificate of registration from the township clerk.

(Ord. No. C-760-B, § 1, 12-1-25)

(a)

Internet drop-off store. An internet drop-off store complying with all the following conditions is not required to obtain a certificate of registration under this article:

(1)

Place of business. Has a fixed place of business within this township where:

i)

All purchases or sales are transacted exclusively by means of the internet; and

ii)

All purchases and sales are not physically transacted on the premises of the fixed place of business.

(2)

Website. Has the personal property or other valuable thing available on a website for viewing by photograph, if available, and accessible by the general public at no charge. The website shall be searchable by zip code or state, or both. The website viewing shall include, as applicable, serial number, make, model, and other unique identifying marks, numbers, names, or letters appearing on the personal property or other valuable thing.

(3)

Records. Maintains records of the sale, purchase, consignment, or trade of the personal property or other valuable thing for at least two (2) years. The records shall contain a description, including a photograph, if available, and, if applicable, serial number, make, model, and other unique identifying marks, numbers, names, or letters appearing on the personal property or other valuable thing.

(4)

Submit business names. Provides the local police agency with all names under which it conducts business on the website and access to the business premises at any time during normal business hours for purposes of inspection.

(5)

Respond to requests for information. Within twenty-four (24) hours after a request from the local police agency, provides an electronic copy of the seller's or consignor's name, address, telephone number, driver license number and issuing state, the buyer's name and address if applicable, and a description of the personal property or other valuable thing as described in subsection (3). The provision of information shall be in a format acceptable to the local police agency, shall be in a legible format and in the English language.

(6)

Payment. Payment for the personal property or other valuable thing is executed by means of check or other electronic payment system, and the payment is not made in cash. No payment shall be provided to the seller until the item is sold.

(7)

Stolen items. Immediately remove the personal property or other valuable thing from the website if the local police agency determines that the personal property or other valuable thing is stolen.

(Ord. No. C-760-B, § 1, 12-1-25)

A person engaged in the sale, purchase, consignment, or trade of precious items for himself or herself is not required to obtain a certificate of registration under this article.

(Ord. No. C-760-B, § 1, 12-1-25)

(a)

Processing fee. Annually, a dealer shall apply to the township clerk for a certificate of registration and pay the annual fee of fifty dollars ($50.00) to cover the reasonable cost of processing and issuing the certificate of registration.

(b)

Reimbursement of ICHAT fee. A criminal background report of the applicant's criminal history through the Internet Criminal History Access Tool (ICHAT) will be ordered by the township. The applicant is responsible for all charges incurred by the township for the ICHAT report.

(Ord. No. C-760-B, § 1, 12-1-25)

Application for a precious metal and gems dealer certificate of registration shall be made to the township clerk on the form provided. No application shall be accepted unless the following information is provided:

(1)

The name, home address and phone number, date of birth and thumbprint of the applicant; if the applicant is a business entity, the information shall be provided by the representative/agent.

(2)

Written proof of identity, such as driver's license, birth certificate, state identification, passport or affidavit.

(3)

The name and business address and phone number under which the applicant does business.

(4)

The name and address of all other businesses presently operated by the applicant under a precious metal and gems business within the State of Michigan.

(5)

The name, address, and thumbprint of all agents or employees of the dealer. Within twenty-four (24) hours after hiring a new employee, the dealer shall forward to the local police agency the name, address, and thumbprint of the new employee.

(6)

A statement as to whether the applicant, agent or employee has been convicted of, or pled guilty or no contest to any violation of the Precious Metal and Gem Dealer Act, Public Act 95 of 1981, as amended, or section 535 of the Michigan Penal Code, found at MCL 750.535, or any corresponding local law adopted pursuant to the Act.

(7)

The application shall be signed by the applicant, or if a business entity, by the representative/agent, and dated.

(8)

The applicant has paid the nonrefundable registration fee and ICHAT background investigation fee.

(Ord. No. C-760-B, § 1, 12-1-25)

(a)

Issuance. The township clerk shall issue the certificate of registration upon a determination that the application complies with the following:

(1)

Police department. The police department has conducted a background investigation, including criminal history check to determine if the applicant, agent or employee has been convicted of, or pled guilty or no contest to any violation of the Precious Metal and Gem Dealer Act, Public Act 95 of 1981, as amended, MCL 445.481 et. seq.; or section 535 of the Michigan Penal Code, MCL 750.535, or any corresponding local law adopted pursuant to the Act.

(2)

Planning and development services. The planning and development services department has determined that the business location complies with the zoning district or other zoning criteria.

(3)

Building department. The building department has determined that a valid certificate of occupancy has been issued for the location.

(b)

Denial. A dealer, an agent, or an employee of a dealer who is convicted of a misdemeanor under this article, or in violation of the Precious Metal and Gem Dealer Act, Public Act 95 of 1981, as amended, or section 535 of the Michigan Penal Code, found at MCL 750.535, shall be denied a certificate of registration for a period of one (1) year after conviction. A dealer or an agent or an employee of a dealer who is convicted of a felony in violation of MCL 445.481 et seq. or MCL 750.535, shall be denied a certificate of registration for a period of five (5) years after the conviction.

(c)

Appeal. The denial of a certificate of registration may be appealed to the township board as provided in sections 19-43 and 19-44.

(Ord. No. C-760-B, § 1, 12-1-25)

(a)

Annual registration. The certificate of registration is an annual registration.

(b)

Expiration. Each registration shall expire annually on March 31 unless otherwise suspended or revoked.

(c)

Renewal. An application for renewal of a certificate of registration shall be considered in the same manner as an original application. A renewal application shall be filed at least forty-five (45) days prior to the date of expiration.

(Ord. No. C-760-B, § 1, 12-1-25)

A certificate of registration under this article is not assignable or transferable. A certificate of registration which is assigned or transferred is void and the certificate shall be revoked.

(Ord. No. C-760-B, § 1, 12-1-25)

A certificate of registration issued pursuant to this article shall not be renewed or shall be revoked upon any of the following:

(a)

The conviction of any dealer, agent, or employee for the violation of:

1)

any provision of this article;

2)

any provision of the Precious Metal and Gem Dealer Act, Public Act 95 of 1981, as amended; or

3)

Section 535 of the Michigan Penal Code, found at MCL 750.535.

(b)

The dealer operated the business without a certificate of registration after the effective date of the ordinance from which this article is derived.

(c)

The dealer assigned or transferred the certificate of registration to another.

(Ord. No. C-760-B, § 1, 12-1-25)

A written notice of denial, revocation, or non-renewal shall include the grounds for the denial, revocation, or non-renewal; the effective date of the revocation, and that the dealer may request in writing, within twenty (20) days of the date of the notice of revocation, an appeal hearing before the township board. If not appealed, the denial, revocation or non-renewal shall take effect twenty-one (21) days after the date of the notice.

(Ord. No. C-760-B, § 1, 12-1-25)

If a written appeal is filed within twenty (20) days of the date of the notice of revocation or non-renewal, the revocation or non-renewal shall be suspended until a decision on the appeal is rendered by the township board.

(Ord. No. C-760-B, § 1, 12-1-25)

(a)

Notice of hearing. Upon receipt of a written request for appeal, the township board shall provide the dealer with notice and an opportunity to be heard. The township clerk shall serve notice upon the dealer by certified mail, not less than twenty (20) days prior to the hearing date. The notice shall state:

(1)

The date, time and place of the hearing.

(2)

A statement that the dealer may present evidence and testimony and may be represented by an attorney.

(b)

Standard. The clear error standard shall be applied by the township board to the appeal. If the township board finds that a clear error was made and grants the appeal, the denial, revocation, or non-renewal of the certificate of registration shall be withdrawn and the certificate shall be issued.

(c)

Hearing and decision. The hearing shall be conducted by the township board and shall be open to the public. The township board shall provide a written statement of its findings and decision to the dealer.

(Ord. No. C-760-B, § 1, 12-1-25)

Upon receipt of the certificate of registration, the dealer shall post it in a conspicuous place in the dealer's place of business.

(Ord. No. C-760-B, § 1, 12-1-25)

Not less than ten (10) days before the dealer changes the name and address under which the business is conducted, the dealer shall notify the police department and the township clerk of the change.

(Ord. No. C-760-B, § 1, 12-1-25)

No dealer shall conduct business as provided in this article between the hours of 9:00 p.m. and 7:00 a.m. All certificates of registration issued shall include the following statement:

"No business shall be conducted between the hours of 9:00 p.m. and 7:00 a.m."

(Ord. No. C-760-B, § 1, 12-1-25)

(a)

Record of transactions required. A dealer shall maintain a permanent record of each transaction on record of transaction forms required by MCL 445.484. Each record of transaction form shall be filled out in quadruplicate by the dealer, agent or employee. At the time the dealer receives or purchases a precious item, the dealer, agent, or employee shall record, in the English language, the following information on the record of transaction form:

(1)

The dealer certificate of registration number.

(2)

The record of each transaction shall be numbered consecutively, commencing with the number one (1) and the calendar year.

(3)

A general description of the precious item or precious items received or purchased, including the type of metal or precious gem. In the case of watches, the description shall contain the name of the maker and the number of both the works and the case. In the case of jewelry, all letters and marks inscribed on the jewelry shall be included in the description.

(4)

The date of the transaction.

(5)

The name of the person conducting the transaction.

(6)

The name; date of birth; driver's license number or State of Michigan personal identification number; and the street and house number of the customer.

(7)

A legible imprint of the right thumb of the customer, or if that is not possible, of the left thumb or a finger of the customer. However, the thumbprint or fingerprint shall only be required on the record of transaction form retained by the dealer. The thumbprint or fingerprint shall be made available to a police agency during the course of a police investigation involving a precious item or items described on the record of transaction.

(8)

The price to be paid by the dealer for the precious item or precious items.

(9)

The form of payment made to the customer: check, money order, bank draft, or cash. If the payment is by check, money order, or bank draft, the dealer shall indicate the number of the check, money order, or bank draft.

(10)

The customer's signature.

(b)

Forward copy. Within forty-eight (48) hours after receiving or purchasing a precious item, the dealer shall send a copy of the record of transaction form to the police department, and if the customer resides outside the local jurisdiction, then a copy shall be sent to the local police department where the customer resides, and as otherwise required by MCL 445.484. The record of transaction forms received by the police department shall not be open to inspection by the general public. The police department holding the record of transaction forms is responsible under MCL 445.484(3) for ensuring the confidentiality of the record of transaction forms and insuring that the record of transaction forms are used only for the purpose for which they were received.

(c)

Inspection. Pursuant to MCL 445.484(4), the record of transaction forms of a dealer and each precious item received shall be open to an inspection by the police department, the county prosecuting attorney, the sheriff's department, the local governmental unit in which the customer resides, and the Michigan State Police, at all times during the ordinary business hours of the dealer. As a condition of doing business, a dealer is considered to have given consent to the inspection prescribed by this subsection. If inspection is refused or not obtained, the police official may seek a warrant or other recourse as provided by law.

(d)

Form. The form of the record of transaction shall comply with the requirements of MCL 445.484(6).

(e)

Electronic format required. The transmission of the record of transaction information shall be provided in an electronic format as required by the police department. Any costs incurred to utilize the electronic format required shall be borne by the dealer.

(f)

Retain copy. Except as otherwise provided in this section, each record of a transaction shall be retained by the dealer for not less than one (1) year after the transaction to which the record pertains.

(g)

Destruction of record. After a period of one (1) year from the date of the record of transaction, if a police investigation concerning a precious item or items described on the record of transaction has not occurred, the dealer shall destroy the record of transaction.

(h)

Business changes. A dealer who goes out of business or changes his or her business address to another local jurisdiction either within or out of this state shall transmit the records of all transactions made by the dealer within one (1) year before his or her closing or moving, to the police department.

(Ord. No. C-760-B, § 1, 12-1-25)

A precious item received by a dealer shall be retained by the dealer for nine (9) calendar days after it was received, without any form of alteration other than that required to make an accurate appraisal of its value.

(Ord. No. C-760-B, § 1, 12-1-25)

A dealer, an agent, or employee of a dealer shall not knowingly receive or purchase a precious item from any person:

(1)

If there is reason to believe the item is stolen.

(2)

Known by the dealer, agent or employee of the dealer, to have been convicted of theft or receipt of stolen property within the preceding five (5) years, whether the person is acting in his or her own behalf or as the agent of another.

(3)

Knowingly receive or purchase a precious item from a person unless that person presents a valid driver's license or a valid State of Michigan personal identification card.

(4)

From any person under eighteen (18) years of age.

(Ord. No. C-760-B, § 1, 12-1-25)

This article shall be interpreted and applied in accordance with the Precious Metals and Gem Dealer Act, Public Act 95 of 1981, MCL 445.481 et. seq.

(Ord. No. C-760-B, § 1, 12-1-25)

A person who violates any provision of this article, shall be guilty of a misdemeanor punishable by a period not to exceed ninety-three (93) days in jail and/or ordered to pay a fine not to exceed five hundred dollars ($500.00).

(Ord. No. C-760-B, § 1, 12-1-25)