Waterford Township Zoning Ordinance Excerpt

SECTION 2-403.      CLEAR VISION AREAS

It shall be unlawful for any person to allow any plant material or any other item or materials which screens visibility in such areas requiring clear vision for traffic, such as on a curve, at the corner of any street intersection, or at any driveway intersection.  Trees shall be permitted where all branches are not less than eight (8) feet above the street level.  Such unobstructed street and driveway intersections shall be calculated by mapping a triangle formed by measuring along each right-of-way, from their point of intersection, a distance of  twenty-five (25) feet and drawing a straight line between these two points.  In the case of a driveway intersection for any land use, the required twenty-five (25) feet sides of the triangles are taken from the points where each side of the drives cross the right-of-way line.  In cases of nonconforming building setback lines, the triangle shall be mapped for the total distance less than the twenty-five (25) feet (Please also refer to Figures VII-58 through VII-61 on Pages VII-31 and VII-32 in Article VII).   The minimum clear vision area may be increased by the Planning Commission during the applicable review process if the Planning Commission finds that topography or other physical site characteristics increase the visibility risks.

SECTION 2-510.      ELECTION SIGNS

Given the purpose and intent of this Division, but recognizing the importance of the protections given to political speech under the state and federal constitutions, the Township desires to provide more lenient requirements for election signs than for other similar types of temporary signs in the Township and to regulate such  signage only to the extent required to achieve the Township's zoning objectives while concurrently affording a reasonable opportunity to communicate election messages.  Therefore, the Township exempts temporary election signs from the obligation to meet design and structural requirements, from application, permit and inspection requirements, and from other requirements in view of the fact that, unlike other signs in the Township, including other types of temporary signs, election signs, as defined in this ordinance, are not intended to be displayed on a permanent basis, are erected in a manner and constructed of materials that are not able or intended to withstand exposure to the elements for an extended period of time, and are not anticipated to be constructed, placed, screened or otherwise established in the same manner as permanent signs. Consequently, the regulations in this Section are intended and imposed to protect safety, avoid blight and litter, preserve the general welfare of the community, and otherwise achieve the purpose and intent of this Division in the most narrow and least restrictive way possible and while respecting and preserving the First Amendment constitutional rights of individuals to engage in political speech by way of erecting election signs.

Election signs shall be subject to the following regulations:

A.   Election signs must be erected on private property.   The placement or erection of election signs within a public right-of-way is strictly prohibited, except as may be otherwise permitted under subsection F below.

B.   No election sign shall be located on Township-owned property.

C.   An election sign may be displayed in the window of a principal building. D.   The number and size of election signs shall be as follows:

(1)  In residential zoning districts, election signs shall be limited to one (1) sign per candidate and election issue per zoning lot, with each such sign limited to a maximum of six (6) square feet in area and four (4) feet in height.

(2)  In nonresidential zoning districts, election signs shall be limited to the following:

(A) one (1) sign per zoning lot limited to a maximum of thirty-two (32) square feet in area and eight (8)

feet in height; and

(B) one (1) sign per candidate and election issue per zoning lot with each such sign limited to a maximum of six (6) square feet in area and four (4) feet in height.

E.   All election signs shall conform to Section 2-403.

F.   No election sign shall be placed closer than twenty (20) feet from the adjoining street roadway.

G.   The Zoning Official may cause to remove any election signs placed on public property, except election signs that may be otherwise permitted under subsection F above.  The Zoning Official shall store all removed signs and provide a schedule for retrieval of the signs by the candidate or campaign committee represented on the signs. All signs not retrieved within fifteen (15) days after an election may be disposed of by the Zoning Official.

CHARTER TOWNSHIP OF WATERFORD ORDINANCE EXCERPT

ARTICLE VII.      PEDDLERS, SOLICITORS AND CANVASSERS

Division 1.             General

Sec. 10-482.         Definitions.

In addition to those rules of construction and definitions contained in Section 1-002, the following definitions shall apply to this Article:

Canvass and canvassing means to enter upon private property, without any prior specific invitation or appointment, to inform, educate, advocate, petition, secure petition signatures,  request or enlist support or opposition, or to convey any other message regarding religion, philosophy, ideology, politics, including parties, candidates, initiatives and issues, charitable organizations, or other cause or issue, by verbal, written, or other forms of communication, including the distribution of handbills, flyers, or other materials.

Canvasser  means a person that engaged in canvassing in the Township without requesting or accepting the payment, delivery, donation, pledge, or commitment of money, credit, financial assistance, membership, property, goods, services, or other thing of value, and without selling or attempting to sell any property, ticket, emblem, publication, advertisement, subscription, membership, or other thing, whether of value or not.    

Charitable purpose means a charitable, benevolent, educational, philanthropic, humane, patriotic, veterans support, religious, youth, fraternal, social, civic, conservation, recreational, or other non-profit objective of a charitable or religious organization, or political organization. Charitable purpose does not include political campaign fundraising or non-profit objectives of an individual.

Charitable, religious or political organization means a charitable, religious, political, benevolent, educational, philanthropic, humane, patriotic, fraternal, social, or civic organization that is recognized as non-profit and/or tax exempt under applicable State or Federal laws.

Solicit and soliciting means a direct or indirect request by or on behalf of a charitable, religious, or political organization to any person in the Township for the payment, delivery, donation, pledge, or commitment of money, credit, financial assistance, membership, property, goods, services, or other thing of value, on the plea or representation what is requested will be used for charitable purposes of the charitable, religious or political organization, and includes sales and sales offers of any property, ticket, emblem, publication, advertisement, subscription, membership, or other thing, whether of value or not, on the pleas or representation that the proceeds of the sale will be used for charitable purposes of the charitable, religious, or political organization.

Solicitor means a person engaged in soliciting in the Township.

Sec. 10-483.         Canvasser, solicitor and peddler requirements.

 (c)      All canvassers, solicitors and peddlers shall comply with the general regulations in Division 2.

Division 2.             General Regulations for Canvassers, Solicitors and Peddlers

Sec. 10-490.         Hours for Canvassing, Soliciting or Peddling.

No canvassing, soliciting, or peddling shall take place in the Township after 8:00 p.m. or the official time of sunset, whichever is earlier, or before 9:00 a.m., prevailing time.

Sec. 10-491.         Posted Property; Access to Premises Restricted.

(a)   No canvasser, peddler or solicitor shall enter into or upon any private property that has posted a "no peddling," "no canvassing," "no soliciting" or "no trespassing" sign, or similar notice, in accordance with subsection (c), below.

(b)  No canvasser, peddler or solicitor shall engage in canvassing, peddling or soliciting in any residential subdivision, condominium, or other residential neighborhood or development that has a privately posted "no peddling," "no canvassing," "no soliciting" or "no trespassing" sign, or similar notice at each entrance to the subdivision, condominium or other neighborhood, in accordance with subsection (c), below.

(c)  A sign posted under subsection (a), above, must be a weatherproof sign measuring a minimum of three (3) inches by four (4) inches, the letters must be at least one-third (1/3) inch in height, and the sign must be exhibited upon or near a main entrance door to the main structure, building or residence on the property. A sign posted under subsection (b), above, must be a weatherproof sign measuring a minimum of two (2) square feet, the letters must be at least two (2) inches in height, and the sign must be exhibited in a location visible to the drivers of vehicles at each entrance to the subdivision, condominium or other neighborhood. A sign posted under subsection (b), above, must comply with all otherwise applicable requirements of this code and Township standards, including, without limitation, the requirement to obtain a permit if the sign is to be located within a public right-of-way.

Sec. 10-492.         Request to Leave.

No canvasser, peddler or solicitor shall remain on private property after having been asked or directed to leave the premises by any person lawfully in possession of the premises.

CHARTER TOWNSHIP OF WATERFORD ORDINANCE EXCERPT

NO. 2015-001 STREET SOLICITING & HANDBILL ORDINANCE

An Ordinance to amend the Charter Township of Waterford Code to provide for the Township Clerk ...to define and regulate the distribution of handbills.

THE CHARTER TOWNSHIP OF WATERFORD ORDAINS:

Sec. 10-482. Definition.

Handbill means any flyer, leaflet, pamphlet, booklet, circular, literature, brochure, document, sample, device, or material that in writing and/or by symbols, drawings, figures, or other form of communication, advertises, promotes, identifies, directs attention to, requests support or opposition of, or provides information regarding or for, any goods, wares, merchandise, product, commodity, offer, business, service, establishment, organization, issue, cause, program, purpose, or other message.

Sec. 10-496. Handbills.

Handbills shall not be distributed by a canvasser, solicitor, peddler, or other person in violation of a restriction in this section. In addition, persons or organizations whose name or message is included on a handbill distributed in violation of a restriction in this section are presumed to be responsible for that violation. Such presumption may be rebutted by written proof from such person or organization of the name and address of the person who distributed the handbill and that such person was provided with written notice of, and instructions to comply with, the restrictions in this section.

(a) Handbills that do not bear proper postage shall not be placed in or on, attached to, or hung from mailboxes and other mail receptacles used, designed, or intended for use by the United States Postal Service.

(b) Handbills shall not be distributed, placed, or left on private property or in a residential subdivision, condominium, or other residential neighborhood or development that has posted a “no handbills”, or similar notice in accordance with the posting requirements in Section 10-491(c).

(c) Handbills shall not be left on public or private property if the intended/desired recipient refuses or declines to accept the handbill.

(d) When not delivered to a person, distribution of handbills shall be by placement on a structure or object in a location and manner that does not damage, deface, or interfere with use of that structure or object and that is sufficiently secure so as to avoid being dislodged from that location by wind and becoming litter on public or private property contrary to Section 9-074.

(e) Placement of handbills on private property that is not posted against such placement as provided in subsection (b) shall only be at the front entrance door to the main building on the property and shall not be    allowed if access to that door is restricted by a fence, wall, or other physical barrier.

(f) Handbills shall not be placed on utility poles in a public right-of-way and are subject to immediate removal without notice as provided in the Section 2- 501 of the Township Zoning Ordinance.