(A) Requirements of all vendors, solicitors and peddlers.
(1) No loud noises, speaking devices, lights, drums, loudspeaker, amplifier, or other instrument or device which creates noise, or flashing lights which are for the purpose of attracting attention to commercial or noncommercial enterprises so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling or other residence, or other place of employment or repose shall be used and may be treated as a violation.
(2) Frozen confection vendors shall not utilize any bell, chime or other noisemaking device beyond a moderate noise level for the purpose of attracting persons to buy the frozen confection. This prohibition shall not be construed to exclude the customary horn required under the motor vehicle laws of the state.
(3) Off-limit locations. No vendor, peddler or solicitor shall conduct business within 50 feet of any school, church, synagogue or place of worship during services or within one hour of services; courthouse; police station; or other public location unless specifically authorized pursuant to the terms of the license. In addition, the Village Manager shall have power to designate such streets, sidewalks, parts of streets, or sidewalks, districts or areas where it shall be unlawful for any licensee to operate or conduct her/his business, such designation to be made based upon congested traffic conditions, character of the neighborhood, or if the conduct of such business constitutes a public nuisance.
(4) “No Soliciting” signs and “No Soliciting” list. No solicitor or peddler shall enter into property that has a posted “No Soliciting’ sign or shall remain on property after being requested to leave by the occupant. No solicitor or peddler shall solicit or peddle their wares or enter any property that is listed on the no soliciting list on file at the Village Clerk's office.
(5) Threatening or harassing behavior. No vendor, solicitor or peddler shall threaten or harass any citizen in the course of their activities or in any way engage in conduct that threatens the health and safety of another or causes a nuisance.
(6) Effect of delinquent personal property taxes. No vendor, solicitor or peddler license shall be granted to any person owing any personal property taxes or other indebtedness to the village, or who contemplates using any personal property on which personal property taxes are owed, in the operation of such business.
(7) Sales limited to products on application. Vendors, solicitors and peddlers shall be limited to the sale of products specified on their application. Amendments to originally approved applications must be submitted to the Village Clerk for review and approval, and shall not be effective prior to such approval. An application fee of an amount established in the schedule of fees, charges, bonds and insurance must accompany each request for an amendment.
(8) Licenses non-sellable and non-transferable. Vendor, solicitor and peddler's licenses issued under the authority of this chapter shall be non-sellable and non-transferable, either as to persons or as to location.
(B) Traffic regulations, obstructing public places.
(1) Vendors, solicitors and peddlers shall observe all traffic and parking regulations. Unless specifically approved, vendors, peddlers and solicitors shall not conduct business in a congested area, or occupy a stationary location on a public street, sidewalk, parkway, park, parking lot, or any other public property which is to be used by pedestrians or persons operating motor vehicles. Such vendors, peddlers and/or solicitors shall be presumed to have occupied a location if he/she has conducted business in any such public place for a period in excess of ten minutes.
(2) Solicitation from and sales to any person standing in roadway, vehicles at red lights and to vehicles in moving traffic lanes are prohibited.
(C) Display of license required.
(1) All vendors, solicitors and peddlers shall display the license provided by the Village Clerk, on his or her person or in a prominent place on their vehicle or removable or non-permanent stand. The failure of a vendor, peddler and/or solicitor to conspicuously and constantly exhibit such license when engaged in his/her licensed business shall be sufficient cause for the suspension or revocation of his/her license.
(2) Any certificate or license required by the Oakland County Health Department shall also be prominently displayed on any vehicle or stand subject to this article.
(D) Prices posted. A vendor and frozen confection vendor shall have posted on their vehicle, removable stand or non-permanent stand, the current prices charged for each item sold and no item shall be sold for more than the posted price.
(E) Litter clean-up required. Vendors shall (at their own expense) keep the sidewalks, streets, and other public places adjoining and adjacent to their locations of business clean and free from any refuse generated or resulting from the operation of their business.
(1) Under no circumstances may any vendor, solicitor or peddler use any village trash can, dumpster or other receptacle, drain or sewer to dispose of any litter, refuse, substance, fluid, liquid or grease.
(2) Violation of this division more than twice during one license year may constitute license revocation.
(F) Cash deposit for litter clean-up. Vendors shall file with the village a cash deposit for the removal of any litter on any sidewalk, street and/or other public place adjoining and adjacent to their locations in the event the vendor fails to maintain such areas in compliance with this article. The amount of the cash deposit shall be set forth in the schedule of fees, charges, bonds and insurance. If the vendor fails to remove any such litter, the village may remove the litter and charge the costs against the cash deposit. In the event a vendor exhausts its cash deposit, the vendor shall be invoiced by the village for any restoration or litter on village property in excess of the amount of the deposit.
(G) Peddlers and solicitors shall obtain insurance as set forth in the schedule of fees, charges, and bonds. Insurance is required for permits for 90 days and more.
(H) Commercial vendors shall agree to indemnify and hold the village harmless, the language of which is set forth in the schedule of fees, charges, bonds.
(Ord. 13.01, passed 9-11-17)