Loading...
Deposits made with the City Clerk as required by Section 873.03 shall be subject to claims of creditors and claims for local license fees on behalf of any city, village or township in all cases where a judgment has been obtained against such transient merchant in any court in this state and the time for appealing such judgment has expired. In such cases garnishment proceedings may be commenced in such court against said City Clerk. It shall thereupon be the duty of the City Clerk to remit to any such court any balance of said cash deposit remaining in his or her hands not exceeding the amount of said judgment, for the purpose of satisfying the same. Any balance of said cash deposit remaining in the hands of the City Clerk four (4) months after the expiration of said license shall be remitted to such transient merchant, provided if, at such date, the City Clerk shall have received notice of any suit then pending against said transient merchant, said deposit shall not be returned until sixty (60) days after the termination of such suit.
(Ord. 749. Passed 10-20-03; Ord. 797. Passed 3-26-07.)
Any such license shall be void as soon as the deposit made with the City Clerk, as provided in Section 873.03, has been exhausted because of garnishment suits as mentioned in the preceding section. The City Clerk may revoke any license issued by him or her for good cause shown, after giving the licensee reasonable notice and opportunity to be heard.
(Ord. 749. Passed 10-20-03; Ord. 797. Passed 3-26-07.)
Transaction of business as defined in Section 873.01 of this chapter by any person for a period of less than six (6) months consecutively shall be prima facie evidence that such person was a transient merchant within the intent and meaning of this chapter.
(Ord. 749. Passed 10-20-03; Ord. 797. Passed 3-26-07.)
(a) The City of Howell hereby authorizes persons, firms and corporations to sell or offer for sale or display or attempt to display for sale goods, wares, produce, fruit, vegetables or merchandise upon any state trunk line highway in the City so long as said person, firm, or corporation has secured a permit for such activities from MDOT and the same comply with the provisions of this chapter, Chapter 872 and Article 6 of Chapter 1240 of the Howell City Code.
(b) The authorization, set forth above, shall remain in force and effect so long as the permitted activities do not create an unsafe situation and do not interfere with transportation along any state trunk line highway in the City pursuant to Public Act 1 of 2005.
(Res. 05-12. Passed 5-23-05.)
(a) A person who violates this chapter is guilty of a misdemeanor, punishable by a fine of five hundred dollars ($500.00) or 10% of the value of any property impounded pursuant to this section, whichever amount is greater and court costs. If a peace officer has probable cause to believe that a person is engaging in a business as a transient merchant without having first obtained a license in the manner provided for in this chapter, the peace officer shall immediately take into custody and impound all goods offered for sale by the transient merchant until the matter has been adjudicated by a court of proper jurisdiction.
(b) Recovery of impounded goods; security. The transient merchant may obtain his or her impounded goods prior to adjudication by paying, either in cash or by security bond, one thousand dollars ($1,000) or an amount equal to the value of the impounded property, whichever amount is greater.
(c) Sale of impounded goods; notice. If the transient merchant is convicted of violating this chapter and fails to pay the fine and court costs provided in subsection (a) hereof within seven (7) days after the date of conviction, the Howell City Police Department shall sell the impounded goods by publishing notice in a newspaper of general circulation in the county at least five (5) days before the sale. The notice shall describe the property and shall state the time and place of public sale at which the impounded property may be purchased by the highest bidder.
(d) Conduct of sale; disposition of proceeds; liability. The Howell City Police Department shall conduct the sale and shall deposit from the proceeds of the sale an amount equal to the fine and court costs provided in subsection (a) hereof with the court in which the transient merchant was convicted. Any proceeds of the sale which exceed the fine shall first be used to reimburse the Police Department for the Department's actual costs of sale, with the remaining proceeds, if any, to be returned to the transient merchant. By disposing of the property in the manner provided in this chapter, the Howell City Police Department shall not be liable to the transient merchant for the sale.
(Ord. 749. Passed 10-20-03; Ord. 797. Passed 3-26-07.)