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Home My WebLink About1759 E.FFECT!VE /;). '- 11- r~. ORDINANCE NO. l759 AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY AMENDING SECTION 66l3.l3 THEREOF TO ALLOlv CHARITABLE AND RELIGIOUS SOLICI- TATION ON SATURDAYS THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOl'/S : SECTION 1. That the Arcadia Municipal Code is hereby amended by amending Section 6613.13 thereof to read as follows: "6613.13. PROHIBITED ACTS WHILE SOLICITING. For the purposes of Section 6613.12, the performance of one solicitation of any person by olle individual contrary to any subsection of this section shall constitute a separate violation. No person shall perform any of the follo\\.'ing acts while engaging: in charitable Or religious solicitation in the City. (a) No person shall solicit without a certificate. (b) No person shall allow any person under the age of sL'Xtecn (16) years to solicit. (c) No person shall solicit at any dwelling, including but nollimitcd to a house, apartment, or condominium where there is a sign indicating "No Solicitors, 'f "Do Not Disturb, " or other similar indication that the occupants do not want to be solicited or have their privacy dist urbed. (d) No person shall represent in any manner that the City, its departments or officers haye endorsed the certificate holder or its solicitation. (e) No person shall aIfL'-. :lllY object to or place any object on the body of any person to whom any solicitation is directed without their express consent. (f) No person shail touch, brush up against, or otherwise voluntarily come into physical conlact with any person without their express consent. (g) No person shall wilfully obstruct the movement of any person on any street, sidewalk Or other public pl:1ce. (h) No person shall solicit any person that has said they do not wish to be solicited. (i) No person shall represent in any manner that the solicitation is con- ducted for anyone other than the certificate holder. 0) No p~rson sh:1l1 refuse to identify the certificate holder on whose behalf the solicitation is bcin~ conducted when requcsted to do so by any person being solicited, or f:lit to truthfully state the uses the solicited items will be put to when requested to do so by all)' person being solicited. (k) No person shall thrc3.ttn any injury Or d3.mage to any person who declines to be solicitL!d or make a contribution. (1) No person sh:111 :..lccept food stamps as a contribution" (01) Ko person shall misrepresent one's physical or mental health while soliciting. (n) -No person sl1:\l1 fail to wear a bad~e (as described herein) on hiS/her chest Q\"cr the heart which indicates the number of the solicitation certificate, its expiration date :lnd the name of the certificate holder; all badges to be white with black lcttcrin~ that is legihle at a distance of five feet (5') and to contain a photograph of ttv~ individual wearing each badge that has been taken within the previous six months of the date of solicitation. (0) No person shall solicit between the hours of 5:00 p. m. and 9:00 a.. m. (p) No persoll sh:dl fail to give the Police Chief three (3) days' written notice by first class mail of the dates the certificate holder will be solicitirg in the City, the ll11ml>0r of certificate holder's certificate, and the date of the certHic:lle's expiratiun. Such nolice shall nol be effective if given more than 30 days in ad\"ance of the proposed solicitation. (q) No person sh:lll f~iI to submit any report reqUired by Division 40fthis Part. (r) ~o p0rson sh~llll1ake :lny false statement in any reporl required by Di\"ision <\ of this Part. (s) r\o person sh:\l1 fail to supply any information required by the ~1an:lger in accordance wilh Division 4 of this Part. (t) r\o pc rSOn shall solicit at any dwelling including but not limited to a house, apartnlL'llt, or condominium on Sundays or any holidays defined in S~cliiJn 2720 of this Code." -l- 1759 SECTION 2, No person shall violate any prov1.swn, or fail to comply with any of the requirements of this ordinance. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this ordinance shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under any provision of this ordinance shall be punishable by a fine of not more than Five Hundred Dollars, or by imprisonment in the City Jailor County Jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any pro- vision of the ordinance is committed, continued, or permitted by such person and shall be punishable accordingly. SECTION 3. In addition to the penalties provided in the preceding section, any condition caused or permitted to exist in violation of any of the provisions of this ordinance shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. SECTION ~ If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Arcadia hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion .thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION ~ Neither the adopt ion of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 6. The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL of the at its regular meet- ing held on the 16th day of November, 1':182 , ATr"" ~ Mayor I . ~~tv,~/ City Clerk of the City of Arcadia I HEREBY CERTIFY that the foregoing ordinance was. adopted at a regular meeting of the City Council of the City of Arcadia, Cal:f!96'ia.,_.held":~p._ the. 16thlay of November 19802, by the affirmative vote of at least three Counci~:r;-.to W1.t: AYES: Councilmen Dring, Haltom, ~appah,~Lojeski & Pellegrino :~~~T: ~~~: ,-i Y}~:i~:; j) l,~11 _/ /1-'\ ..~..- .~&/~/'- <~:::C}tY"Clel'k~_ ' '-..Z.-:::~"::::-::-:'~/ ~..~ -2- l759