NOTICE IS HEREBY GIVEN, That at its Regular meeting on January 8, 2019, the Charter Township of Independence Board of Trustees approved a second reading and adoption of an ordinance to amend certain provisions of the Independence Charter Township Code.

A true copy of this Ordinance is on file and available for inspection between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday at the Independence Township’s Clerk’s Office, 6483 Waldon Ctr. Dr., Clarkston, MI 48346 and available on the Township’s website at: www.indtwp.com.

STATE OF MICHIGAN

COUNTY OF OAKLAND

CHARTER TOWNSHIP OF INDEPENDENCE

ORDINANCE NO. 2019-36-001

AN ORDINANCE TO AMEND THE INDEPENDENCE CHARTER TOWNSHIP CODE OF ORDINANCES, CHAPTER 36, “PEDDLERS AND SOLICITORS,” ARTICLE III, “SOLICITORS,” DIVISION 1, “GENERALLY,” BY AMENDING SECTIONS 36-50 AND 36-56 TO CLARIFY REQUIREMENTS AND COMPLY WITH THE STATUTORY AMENDMENTS IN PUBLIC ACT 75 OF 2018 APPLICABLE TO SOLICITING IN PUBLIC STREETS.

THE CHARTER TOWNSHIP OF INDEPENDENCE ORDAINS:

Section 1. ORDINANCE AMENDMENT.

Chapter 36, “Peddlers and Solicitors,” Article III, “Solicitors,” Division 1, “Generally,” Section 36-50, “Definitions,” of the Independence Charter Township Code is hereby amended to amend the following definition of “Intersection” and to add the definition of “charitable or civic organization” and “traffic control devices” to read as follows:

Intersection means and includes the area where two or more public streets or roads intersect and traffic control devices are present, and the area 100 feet back from the intersection in all directions.

Charitable or civic organization means a nonprofit organization that is qualified under section 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8), or 501(c)(10) of the internal revenue code, 26 USC 501, or a veterans’ organization that has tax-exempt status under the internal revenue code.

Traffic control devices mean working traffic signals or signs erected by authority of a public body or official having jurisdiction that require traffic subject to the device to come to a complete stop at an intersection.

Section 2. ORDINANCE AMENDMENT.

Chapter 36, “Peddlers and Solicitors,” Article III, “Solicitors,” Division 1, “Generally,” Section 36-56, “Solicitation in Public Streets and Roads Prohibited; Exceptions,” of the Independence Charter Township Code is hereby amended to read as follows:

Section 36-56. – “Solicitation in Public Streets and Roads Prohibited; Exceptions.

It shall be unlawful, and shall constitute a nuisance for any person, whether registered under this article or not, to engage in soliciting activities in public streets and/or roads, except nonprofit charitable or civic organizations that have provided prior written notification to the clerk at least 30 days prior to the date of commencing soliciting activities, including verifiable proof that the sponsoring organization meets the criteria for “charitable or civic organizations” listed in section 36-50 of this Article.  Qualified charitable or civic organizations shall be permitted to engage in soliciting within designated intersections in the township, subject to all of the following specific requirements and regulations:

1. The 30-day notification to the clerk, as specified in this section, and the application submitted under section 36-87 shall include the following additional information:
2. Identification of each and every intersection at which the soliciting is proposed to occur,
3. Identification of the number and location of the solicitors to be stationed at each such intersection,
4. Identification of the days and hours during which such solicitation is proposed to occur, and
5. A description of the reflective safety gear to be worn by the solicitors;
6. Solicitations under this section, whether registered under this article or not, shall only be conducted within an intersection with a working traffic control device when traffic has come to a stop.
7. No more than four solicitors shall occupy the same intersection at a time;
8. Solicitors shall at all times stay a reasonably safe distance from all moving vehicles;
9. Solicitors shall not harass occupants of vehicles or pedestrians in the area, and shall not make physical contact with a vehicle unless requested by the vehicle occupants;
10. Solicitors shall not directly address a vehicle or its occupants unless requested by the vehicle occupants;
11. Solicitors shall comply with this Article and the Motor Vehicle Code, MCL 257.676(b), but if this Article establishes requirements that are more restrictive than the Motor Vehicle Code, solicitors shall comply with the requirements as set forth in this Article;
12. Solicitors shall wear high-visibility safety apparel that meets current American standards promulgated by the International Safety Equipment Association.
13. Solicitors shall be 18 years of age or older, and any other provision of this Article allowing soliciting by persons under 18 years of age when accompanied by an adult or otherwise shall not apply to solicitors under this Section;
14. The charitable or civic organization shall maintain at least $500,000.00 in liability insurance;
15. No person shall solicit within any intersection that is located within a construction or work zone;

12  The solicitors shall register and comply with all other provisions of this article to the extent such provisions do not conflict with the additional, specific or more restrictive requirements of this section;

13. Notwithstanding any other time restrictions stated in this chapter, soliciting within intersections under this section shall be conducted only during daylight hours, and shall commence no earlier than the official times for sunrise in Metropolitan Detroit as published in a newspaper of general circulation in the township and shall cease no later than the official times for sunset in Metropolitan Detroit as published in a newspaper of general circulation in the township, or such other more restricted time period established by the township pursuant to subsection (15) of this section;
14. Notwithstanding any other provisions in this chapter, certificates of registration for soliciting within intersections shall be valid for a period of no more than five consecutive days in any calendar year, with the ability of any valid registrant to petition in writing to the clerk for one additional period of up to five days during such calendar year, which petition may be granted by the clerk upon a showing of good cause in the petition for the requested additional period and verification that the petitioner complied with all township ordinances during the initial period of soliciting;
15. The proposed soliciting within intersections under this section shall be reviewed and reported upon by the township law enforcement agency in terms of safety issues, traffic congestion and conflicts with other events or previously approved soliciting affecting traffic in the township, and soliciting shall only occur at such intersections, at such times and upon such conditions as have been approved and identified in writing by the township supervisor/superintendent based upon the information contained in applications submitted pursuant to this section and section 36-87, the recommendations contained in the report of the township law enforcement agency, and information otherwise known to the supervisor/superintendent concerning safety issues, traffic congestion and conflicts with other events or previously approved soliciting affecting traffic;
16. The township and its officers, employees, agents, and representatives shall not be liable and/or responsible for any damages and/or injuries that occur to and/or are suffered by any person, property and/or other item which are caused by or results from a solicitors activities in the public streets and/or roads, and as a condition to being issued a certificate of registration by the township, the applicant shall execute and deliver to the township an indemnification agreement in a form approved by the township attorney, in which the applicant agrees to indemnify and hold harmless the township and its officers, employees, agents, and representatives from any and all damages, injuries, liability, claims, actions, losses, demands and/or lawsuits, including attorney fees and costs, that arise out of the soliciting activities in the public streets and/or roads;
17. In addition to the reasons for denial stated in section 36-88, a nonprofit charitable or civic organization requesting a certificate of registration, including approval to engage in soliciting in the streets and/or roads pursuant to this section, may be denied based upon noncompliance with any of subsections (1)-(16) of this section, or safety issues, traffic congestion or conflicts with other events or previously approved soliciting affecting traffic; and
18. In addition to the grounds for revocation stated in section 36-92, and for purposes of suspending a certificate of registration under section 36-93(b) pending a revocation hearing, noncompliance with any of subsections (1)-(16) of this section shall constitute grounds for revocation of the certificate of registration, and the township’s receipt of ten or more verifiable complaints from the general public stating that the soliciting is creating a public nuisance or danger shall constitute a legal presumption that grounds for revocation of the certificate of registration exist.

Section 3. REPEALER.

All ordinances, parts of ordinances, or sections of the Charter Township of Independence Code of Ordinances in conflict with this Ordinance are repealed only to the extent necessary to give this Ordinance full force and effect.

Section 4. SEVERABILITY.

Should any section, subdivision, clause, or phrase of this Ordinance be declared by the courts to be invalid, the validity of the Ordinance as a whole, or in part, shall not be affected other than the part invalidated.

Section 5. SAVINGS.

All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this Ordinance takes effect, are saved and may be consummated according to the law in force when they were commenced.

Section 6. EFFECTIVE DATE.

This ordinance shall be effective upon publication in the manner prescribed by law.

Section 7. ENACTMENT.

This Ordinance is declared to have been enacted by the Township Board of Trustees of the Charter Township of Independence at a meeting called and held on the 8th day of January, 2019, and ordered to be given publication in the manner prescribed by law.

Ayes: Pallotta, Brown, Aliaga, Ritchie, Tedder

Nays: None

Abstentions: None

Absent: Kittle, Loughrin

STATE OF MICHIGAN                                )

) ss.

COUNTY OF OAKLAND              )

I, the undersigned, the qualified and acting Township Clerk of the Charter Township of Independence, Oakland County, Michigan, do certify that the foregoing is a true and complete copy of the Ordinance adopted by the Board of Trustees of the Charter Township of Independence at a meeting held on the 8th day of January, 2019, the original of which is on file in my office.

CHARTER TOWNSHIP OF INDEPENDENCE

By: Barbara A. Pallotta, Clerk

Introduced: December 18, 2018

Published:  December 26, 2018

Adopted:    January 8, 2019

Published:  January 16, 2019

Effective:             January 16, 2019