Orion Twp. – PROPOSED ORDINANCE ADOPTION AMENDMENT TO ORDINANCE NO. 95 PEDDLERS & SOLICITORS REGULATION

NOTICE

CHARTER TOWNSHIP OF ORION
PROPOSED ORDINANCE ADOPTION
AMENDMENT TO ORDINANCE NO. 95
PEDDLERS & SOLICITORS REGULATION

The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, July 3,
2023, to be held at 7:00 p.m., at the Orion Township Municipal Complex Board Room, 2323
Joslyn Rd., Lake Orion, Michigan 48360, proposes to adopt an ordinance to amend Ordinance
No. 95, Peddlers & Solicitors Regulation, for the Charter Township of Orion, Michigan, to
amend the Ordinance to reference the Michigan Vehicle Code and MCL 257.676b.
THE CHARTER TOWNSHIP OF ORION ORDAINS:
SECTION 1 of Ordinance

AN ORDINANCE TO LICENSE, REGULATE, AND CONTROL PEDDLERS AND
SOLICITORS AND TO PROVIDE PENALTIES FOR THE VIOLATION THEREOF.

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Section 3 – Definitions

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B. Solicitor – the word "solicitor", as used in this Ordinance, shall include any person traveling by foot, wagon,
automobile or other conveyance, from place to place, house to house, street to street, or remaining stationary in
any place, taking or attempting to take orders for the sale or gift of goods, wares, merchandise, meats, fish,
vegetables, fruits, flyers or other reading material, for future delivery or for services to be furnished or
performed in the future, or requesting money donations. The words "solicitor" shall include the word
"canvasser". The Michigan Vehicle Code, Act 300, 1949, as adopted by Orion Township Ordinance No. 134,
provides under MCL 257.676b that local governments may not prohibit charitable or civic organizations from
standing in a roadway for the purpose of soliciting contributions. As such, solicitation by a charitable or civic
organization by standing in a roadway within Orion Township is not authorized by Orion Township and is
permitted only to the extent allowed by the Michigan Vehicle Code, Act 300, 1949, as adopted by Orion
Township Ordinance No. 134. Any person or entity other than a charitable or civic organization, as specified
under MCL 257.676b, is prohibited from soliciting in the roadway and is not eligible to obtain a license to do
so. All chartable or civic organizations wishing to solicit in Orion Township are otherwise required to obtain a
license as set forth under the requirements of Orion Ordinance 95, as amended, which shall include the date(s),
time(s) and location(s) of any solicitation in the roadway. Charitable and civic organizations who solicit in the
roadway do so at their own risk and only to the extent authorized under the Michigan Vehicle Code and MCL
257.676b. A license issued under this Ordinance does not authorize nor prohibit solicitation by a charitable or
civic organization in a roadway within Orion Township.
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Section 4 – License Application Process
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B. The application shall be made on a form supplied by the Township Clerk and the applicant shall supply all
information listed on the application before the application will be processed. Information, which shall be
supplied by the applicant, shall include the following:
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5. Solicitation in the roadway by charitable or civic organizations as allowed under State Law as set forth in
Section 3B above, shall include the date(s), time(s) and location(s) of such roadway solicitation so as to
avoid conflicts, overcrowding or other extraordinary health and safety hazards,

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Page 2

Section 5 – License
A. Upon verification of the information contained in the application for a license under this Ordinance by the
Oakland County Sheriff's Department, the Clerk shall submit the application and all information submitted by
the applicant to the Township Board along with the Clerk's recommendation of approval or denial of the
license. The approval or denial of a license to a charitable or civic organization does not authorize solicitation in
the roadway, which is solely authorized or restrict by the Michigan Vehicle Code, as adopted by Orion
Township Ordinance 134. If the Township Board approves the license, the Clerk shall issue a license to the
applicant. If the Township Board denies the application for license, the Clerk shall notify the applicant of the
reasons for such denial.

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Section 8.1 – Suspension and Revocation
In addition to the penalties which may be imposed under Section 10 of this Ordinance, a license issued pursuant to
the provisions of this Ordinance may be revoked or suspended by the Township Board after notice and hearing for
any of the following reasons:

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C. Any violation of this Ordinance, any Orion Ordinance or the Michigan Vehicle Code.

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SECTION 2 of Ordinance

Section 10 – Violation and Penalties
A. Municipal Civil Infraction / Payment of Fine.
In addition to any violation of the Michigan Vehicle Code, as adopted under Orion Township Ordinance 134, or
other applicable law(s), any person, firm, or corporation violating a provision of this Ordinance, upon an
admission or a finding of responsibility for such violation, shall be deemed responsible for a municipal civil
infraction as that term is defined and used in MCL 600.101, et seq.; MSA 27A.101, et seq., as amended, and
shall pay a civil fine as prescribed by ordinance or as determined by the district court, district court judge, or
district court magistrate.

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SECTION 3 of Ordinance

Section 11 – Severability
The various parts, sections and clauses of this Ordinance are declared to be severable. If any part, sentence,
paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the
remainder of the Ordinance shall not be affected.
Section 12 – Effective Date
This Ordinance shall be published in full in a newspaper of general circulation in the Charter Township of Orion,
qualified under State law to publish legal notices, and shall become effective upon publication, as provided by law.
Copies of the proposed Ordinance can be viewed on the Township’s website,
www.oriontownship.org (see Orion Township Board meeting packets) and also are on file in the
office of the Township Clerk, 2323 Joslyn Road, Lake Orion, Michigan, 48360, where they may
be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday.
Written comments may be submitted before the meeting to Penny S. Shults, Clerk, at the address
listed above.

Penny S. Shults, Clerk
Charter Township of Orion

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