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Mount Clemens commission introduces ordinance to regulate roadside solicitation

Mount Clemens City Commission · May 22, 2024

Summary

The Mount Clemens City Commission introduced a first‑reading ordinance March 5, 2018, to regulate solicitation or standing in traveled portions of roadways, citing a 2017 state law that restored municipalities’ ability to set time, place and manner restrictions; the matter is set for second reading April 2.

The Mount Clemens City Commission on March 5 introduced an ordinance that would regulate solicitation or standing in traveled portions of roadways and set April 2, 2018, for its second reading and possible adoption.

The measure follows a July 27, 2017, change in state law that reversed a prior attorney general opinion and restored municipal authority to impose reasonable restrictions on where and how charitable solicitations may occur. City officials said the ordinance would allow limits on locations, frequency and the number of days groups may solicit, while protecting First Amendment rights.

Commissioners discussed the need for flexibility so public safety officials can prohibit solicitation at specific intersections when safety concerns arise. A staff member noted Sergeant Gillespie reviewed the draft and that administration and the sheriff’s department could deny applications for particular locations if they create “unreasonable danger or [are] otherwise inappropriate.” The ordinance text also ties charitable status to IRS definitions and requires organizations to meet tax‑exempt criteria for solicitation privileges.

The ordinance’s introduction included an explanation from staff that municipal rules can limit the corners and areas where solicitations are allowed and can set annual frequency limits for organizations. The commission approved the introduction by roll call; the ordinance was placed on the agenda for second reading on April 2, 2018.

If adopted, the ordinance would require organizations soliciting at permitted locations to follow permit conditions; staff said special events or vendors (for example, groups selling goods) would continue to be handled through the city’s special events permitting process.

The commission did not adopt the ordinance at first reading; its next formal consideration is the April 2 meeting.

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