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XlmIClPAL. CODE AND ADDING A l~ PL"-T 1 OF
~APTER 6 ARTICLE VI PERTAINING TO REGULATION OF
RELIGIOUS AND CHpJlITP3LE SOLICITATIONS.
TH CITY COUNCIL OF TIlE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTIo:l 1. Part 1 of chapter 6 of Article VI of the J..rcadia Municipal Code
is hereby repealed.
SEcrIO~1 2. There is hereby added to the Arcadia Municipal Code a ne"
Part 1 of Chapter 6 of Article VI of the Arcadia Municipal Code to read is
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follo,",s:
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ARTICLE VI. BUSINESSES, PROFESSIONS, T?~DES AND
OCCUPATIONS
CHAPTER 6. SPECIAL REGULATIONS (Continued)
PART 1. SOLICITATIONS
DIVISION 1. DEFINITIONS
6611.
SCOPE.
Unless it is apparent from the context
that another meaning is intended, the following words,
when used in this Part, shall have the meaning ascribed to
them by the following subsections.
6611.1. CHARITABLE OR CHARITY. Charitable or charity
shall mean any eleemosynary, patriotic, philanthropic,
benevolent or fraternal person, or any'branch or
subsidiary thereof, and any other person ministering to
the material or spiritual needs of human beings, either in
the United States or elsewhere, or inc~lcatin9 patriotism~
6611.2. RELIGIOUS OR RELIGION. Religious or religion
shall have the meaning established by the Supreme Court of
California or the Supreme Court of the United States. It
shall not mean and include the word Ilcha~ity.11
6611.3. PERSON. Person shall 8ean any individual,
group, firm, partnership, corporation, company,
association, church, sect, denomination, ~ociety,
organization or league.
la
,e n 0 reques , Olrect y or
indirectly, money, property including discarded household
furnishings, newspapers, magazines, cast-off material, or
financial assistance of any kind including donations; or
to sell, to offer for sale or to exhibit any thing or
object whatever to raise money, including any article,
tag, service, emblem, publication, ticket, advertisement
or subscription; or to secure or attempt to secure money
or donations or other property by promoting any bazaar,
sale, dance, card party, supper or entertainment; whether
any of such acts occur on the streets, in any office or
public building, by house-to-house canvass, or in any
public or private place, by telephone, by personal
solicitation, by mail or in any other way in the City.
,.,
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ARTICLE VI.
BUSINESSES, PROFESSIONS, TRADES AND
OCCUPATIONS
CHAPTER 6.
SPECIAL REGULATIONS (Continued)
PART 1.
SOLICITATIONS
DIVISION 2.
CITY MANAGER'S DUTIES
6612. DUTIES. It shall be the duty of the Manager to
investigate each application for a certificate as
hereinafter provided by the provisions of this Part. Be
shall maintain each application on file, together with his
decision thereon, all of which shall be subject to public
inspection at any reasonable time.
6612.1. POWERS. The Manager shall have the power to
issue and deny certificates as hereinafter provided; to
summon witnesses, demand production of documents and
things, take testimony and direct investigations as
hereinafter provided; and to do and perform all other acts
which may be necessary or proper within the scope of his
duties and functions.
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ARTICLE VI,. BUSI NESSES, PROFESSIONS, T?..ADES AND
OCCUPATIONS
CHAPTER 6. SPECIAL REGULATIONS (Continued)
PART 1. SOLICITATIONS
DIVISION 3. CHARITABLE AND RELIGIOUS SOLICITATIONS
6613. CERTIFICATE REQUIRED FOR CHARITABLE AND
RELIGIOUS SOLICITATIONS. No person shall, directly or
indirectly, solicit nor authorize any other person to
solicit contributions for any charitable or religious
purposes within the City without a certificate therefor as
provided herein.
6613.1. EXEMPTION. The provisions of this Division
shall not apply to any person where charitable or
religious soliciations are conducted solely among the
members of a charity or religion by other members of said
charity or religion, whether at regular assemblies,
meetings, services or otherwise.
6613.2. FILING APPLICATION FOR CERTIFICATE. An
application for a charitable or religious solicitation
certificate shall be made to the Manager upon forms
prescribed by him, containing the inforrration required in
S 6613.3. The application shall be sworn to or affirmed
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and filed with the Manager not less than ten (10) days
prior to the time at which the certificate applied for
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bU~"'CCeO, tne applIcant snall pay a ree or rwenCY-Llve
dollars ($25.00) as the cost of processi~g its
application. However, no fee shall ce required if the
applicant states in its or his application it or he is
indigent.
6613.3. INFORMATION REQUIRED IN APPLICATION. The
application shall contain the following information:
(a) Name, home address, social security
number, home telephone numcer, business
address and business teleptone number
of the person applying ror the
certificate if that person is an
individual.
(b) If the applicant is not an individual,
the a~plicant's correct le~al name,
taxpayer identification nUkber (if
applicable), address of its principal
office and the na~es, social security
numbers, telephone numbers and home
addresses of the applicant's principal
officers and executives.
(c) A statement that ~he p~rpose for which
the solicitation is ma~e is ixclusively
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(d) The name, social security number,
telephone number and home address 6f
the person or persons who will be in
charge of conducting the solicitation
and the names, social security numbers,
telephone numbers and home addresses of
all fund raisers connected to or to be
connected with the proposed
solicitation.
(e) A full statement of the general
character and extent of the charitable
or religious work being cone or to be
none by the applicant.
(f) A financial statement, signed by a
certified public accountant if
available, for the last preceding
fiscal year of any funds collected for
charitable or religious purposes by the
applicant, giving the amount of money
so raised, the cost of raising it and
the final distribution thereof.
(g) A short outline of the methoq or
methods to be used in conducting the
solicitation.
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twenty-five percent (25%) of the total
amount to be raised or, if the cost" of
solicitation is expected to exceed
twenty-five percent (25%), a statement
of what the maximum cost is expected to
be together with a statement of any
facts tending to show that a cost
higher than twenty-five percent (25%)
is rea'sonable.
(i) The amount of any wag es, fees,
commissions, expenses and emoluments to
be expended in connection ~ith the
~olicitation with respect to which the
application is made, and to whom paid,
and the a~ount thereof.
{j) If, while the application is pending or
during the term of any certificate
granted, there is a change in fact,
policy or method that alters the
information in the application, the
applicant shall notify the Manager in
writing of such change withi"n
twenty-four (24) hours after it occurs.
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o
been demonstrated:
(a) Any statement made in the applicati'on
is false.
(b) The application does not contain the
information required by this Division.
(c) The applicant has had its certificate
in this City revoked three or four
times in the last t~o (2) years.
(d) The applicant has not paid the fee
required by S 6613.2 and the applicant
is not indigent.
6613.5. TIME OF ISSUANCE. The Manager shall either
grant Ot deny the requested certificate ~ithin ten (10)
days of the date the application is rr.ade. If the Manager
fails to act ~ithin the time prescribed, the certificate
shall be deemed granted.
6613.6. FORM OF CERTIFICATE.
under this Division shall bear the
Certificates issued
name and address of the
person to ~bom it is issued, the number of the
certificate, the date issued, the certificate's expiration
date, and the Manager's signature.
6613.7. TERM OF CERTIFICATES. Certi(jcates issued
hereunder shall be valid for a period of one hundred
eighty (180) days unless revoked pursuant to the
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6613.8. NON-TRANSFERABILITY OF CERTIFICATES. No
certificate issued hereunder shall be transferred or
assigned and any such attempt at assignment or transfer
shall be void.
6613.9. DENIAL OF CERTIFICATE. In the event the
Manager denies a certificate to any applicant, he shall
give the applicant written notice by first class mail and
the City Council written notice within three (3) days,
stating with specificity the reasons for such denial.
6613.10. APPEAL TO CITY COUNCIL OF CERTIFICATE
DENIAL. Any applicant for a certificate ~ay appeal the
Manager's refusal to issue a certificate to the City
.Council by fil~ng with the City Clerk a statement
addressed to the City Council setting forth the facts and
circumstances regarding such action of the Manager. Such
appeal muat be filed within twenty (20) ~ays after the
Manager's denial of the certificate anc the City Council
shall hear the appeal at its next regular meeting that is
at least one day after any such appeal is filed. At the
time ~f the hearing of the appeal, the City Council shall
hear all relevant evidence and shall determine whether the
certificate shall be denied pursuant to S 6,613.4,and shall
render its decision within three (3) cays of said
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13.10.1. NOTICE OF DECISION AKD RIGnT OF hPPEhL.
The appellant shall be given written notice of the City
Council's decision by first class mail within two (2) davs
thereafter stating with specificity the reasons for the
decision. The decision of the City Council shall be final
and appealable to the Superior Court of the State of
California pursuant to Code of Civil Procedure
Section 1094.5.
6613.11. REVOCJ..TION OF A CERTIFIC.t.,TE. U?on'the
corr.plaint of any person that the provisions of this
DivisiQn have been violated by any person, the Manager
shall conduct an investigation of such complaint. If he
determines that such complaint is without serit, he shall
so inform the person making the complaint in writing by
first class r;;ail within three (3) days of his decision.
Such decision shall be final.
If he determi~es the
complaint has merit, he shall present his evidence to the
City Coun~ili in accordance with S 6613.12 below. The
Manager shall complete his investigation and make his
decision within thirty (30) days of the receipt of any
cor.,plair:t.
6613.12. HEARING BE~ORE CITY COCNCIL ON CERTIFICATE
REVOCATION. If, pursuar:t to S 6613.11 above, the Manager
fi~cs that a complair.t has ~erit, he s~all sive ~ritten
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_ ......__ \."VJII!-'.LaJ.nl: against the
certificate holder, the certificate holder's right to
present evidence on its behalf and the time, date and
place of the hearing before the City Council to determine
whether its certificate will be revoked. The Manager
shall present his evidence at the first City Council
meeting held after he has determined that the complaint
has merit that will allow seven (7) days written notice of
the complaint to the certificate holder. The City Council
shall hear all relevant evidence and shall revoke a
person's certificate if it finds that the provisions of
o 6613.13 below have been violated five (5) or more times
during the term or duration of the certificate holder's current
certificate. If a certificate expires before the Manager or
City Council reaches a decision, they shall proceed as if the
certificate had not expired so that their decision may be used'
as provided in 0 6613.4 (c). The City Council shall render its
decision within three (3) days of said hearing. The Manager
shall have the burden of proof at any such hearing.
6613.12.1. NOTICE OF DECISION AND RIGHT OF APPEAL.
The certificate holder shall be given written notice of
the City Council's decision by first class mail within two
(2) days thereafter stating with specificity the reasons
for the decision. The decision of the City Council shall
be final and appealable to the Superior Court of the State
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6613.13. FROHIBITED ACTS \'iHILE SOLICITIFG. For the
purposes of ~ 6613.12, the performance of one solicitation
of'any person by one individual contrary to any subsection
of this section shall constitute a separate violation. No
person shall perform any of the following acts while engag-
ing in charitable or religious solicitation in the City.
(a) No person shall solicit Idthout a
certificate.
(b) No person shall allow any person under
the age of sixteen (16) years to
solicit.
(c) No person shall solicit at any dwelling,
incl uding' but not limi ted to. a 'house.
apartment, or condominium where. there is
a sign indicating "No Solicitors," .".Do= Not
Disturb" or other similar indica1:ioIi that
the occupants do not want.tu be solicited
or have their privacy disturbed.
(dY No person shall represent in any manner
that the City, its depcrtments or
officers have endorsed the certificate
holder or its solicitation. ~
(e) No person shall affix a2Y c~ject to or
place any object on the boey of any
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-- -.'r"'-~"" '-VII...;H;::Jjl"..
(f) No person shall touch, brush up against
or otherwise voluntarily ccme into
physical contact with any person
without their express consent.
(9) No person shall wilfully obstruct the
movement of any person on any street,
sidewalk or other public place.
(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 ccnducted for
.anyone other than the ce:tificate
holder.
(j) No person shall refuse to identify the
certificate holder on ~hose behalf the
solicitation is being cor.ducted when
regue~ted to do so by any person being
solicited or failing to truthfully
state the uses the solicited items will
be put to when requested tc do so by
any person being solicited. ..,
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solicited or make a contritution.
(1) No person shall accept food stamps as a
contribution.
(m) No person shall misrepresent one's
physical or mental health _hile
soliciting.
(n) No person shall fail to wear a badge
(as described herein) on his/her chest
over the heart which indicates the
number of the solicitation certificate,
its expiration date and the na~e of the
certificate holder; all bacges to be
white with black lettering that is
legible at a distance of five (5) feet
and to contain a photograph of the
individual wearing each badge that has
been taken within the ~revious. six months
of the date of solicitation.
(0) No person shall solicit between the
hours of 5:00 p.m. and 9:0C a.~.
(p) No person shall fail to gi~e the Police
Chief three (3) days' ,,.ritten notice by
first class mail of the da:es the
certificate holder wil~ be soliciting
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in the City, the nurr,ber of certificate
holder's certificate and t~e date cf
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more than 30 days in advance of the
proposed solicitation.
(q) No person shall fail to submit any
report required by Division 4 of this
Part.
(r) No person shall make any false
statement in any report required by
Division 4 of this Part.
(s) No person shall fail to supply any
information required by the Manager in
accordance with Division 4 of this Part.
(t) No person shall solicit. at any dwelling
including but not limited to a house
,
apartment, or condominium on Saturdays or
Sundays or any holidays defined in
Section 2720 of this code.
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A~ICLE VI. BUSINESSES, PROFESSIONS, T?ADES AND
. OCCUPATIONS
CHAPTER 6. SPECIAL REGULATIONS (Continued)
PART 1. CHARITABLE SOLICITATIONS
DIVISION 4. GENERAL REGULATIONS
6614. CERTIFICATE HOLDER'S BOOKS AND RECORDS. Every
person who solicits any contribution for a charitable or
religious purpose shall maintain a system of accounting
whereby all donations to and all disbu=sements by such
person are entered upon the books or records of such
person.
6614.1. CERTIFICATE HOLDER'S REFO~TS. Every person
to whom a certificate has been issued under this Part
. .
shall, within sixty (60) days after the solicitation (as
used herein "solicitation" means each series of
consecutive days of solicitating) has been completed,
furnish to the Manager a detailed report and financial
statement showing the amount raised by the solicitation,
the amount expended in collecting such funds, a detailed
report of the wages, fees, commissior.s and expenses paid
to any person in connection with sucr. solicitation, and
the disposition of the balance.of the funds collected by
the solicitation. This report shall be on" a form ~Ihich
the Manager shall prescribe in accorcar.ce with the
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... ____ _..-r:--_.............. .....'- '-'J.O;:; 4H:;.llC"::_1. ~ vi.i.1Ce.
The certificate holder shall make availacle to the
Manag~r, or to any person designated in ~riting by the
Manager as his representative for such purpose, all books,
records and papers whereby the accuracy of such report may
be checked.
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~his ordLicnce s~21l be punishable by a fLie of not Qore than Five Hundred Dollars, or
by i=?risc~ent L~ the City Jail or Cou~ty Jail for a period not exceeding six ~c~ths,
C~ by both such fine and ~prisor~ent. Each such person shall be guilty of a separate
offense for each and every day during any portion of ~hich any violation of any pro-
vision of the ordinance is committed, continued, or permitted by such person and shall
be punishable accordingly.
SECTION 4. In addition to the penalties provided in the preceding section, any
condition caused or pe~itted to exist in violation of any of the provisions of this
ordinance shall be deemed a public nuisance and may be, by the City, suomarily abated
as .such, and each day such condition continues shall be regarded as a ne~ and separate
o~fense.
SECTION 5. If any section, subsection, sentence, clause, phrase or portion of
Lhis ordina~ce 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 re=.ining portions of this ordinance. The City Council of the City
of ;xcadia hereby declares that it ~ould have adopted this ordinance and each section,
subsection, sentence, clause, phrase or portion thereof irrespective of the fact that
2.:1)" 'one. or !:lOre sections, subsections, sentences, clauses, phrases or portions be
.declared invalid or unconstitutional.
SECTION 6. Neither the adoption of this ordinance nor the repeal hereby of any
orcinauce shall L~ any manner affect the p~osecution for violation of ordinances,
~~ich violations ~ere committed prior to the effective date hereof, nor be construed
as affecting any or the provisions of such ordin2nce rel2ting to the collection of any
s~c~ lice~se or penalty or the penal provisions applicable to any violation thereof,
:1or to ,af-fec t the valid ity ,of any bond or cash deposit in 1 ieu thereof, required to
be posted, filed or deposiLed pursuant to any ordinance and all rights aud obligations
~te~eunder appertaining shall ~ontinue in full force and effect.
SECTIO:; 7. T~e Clerk of the Council shall certify to the passage 2nd adoption
of this ocdinance 2nd shall cause the same to be published in the official ne~spaper
of ~he City of ;Ic2dia uithin fifteen (15) days after its adoption.
PASS::D ;;:D ;.:lO?TED BY TrlE
ing held on the 29th day of
CITY COUNCIL
May, 1980.
of the City of Arcadia at
adjourned.
its/regular meet-
."71EST:
&~~~
Ci:y Cleek of the City of Arcadia
Hayor of the
Q
cad ia
ad 1 o"T''1eo.
I P.E?~51 C::RTI?Y that the foregoing ocdinance ~as adopted at.w regular meeting of
::-le City Councilor the City of Arcadia, California, held oD..,the 29th day of May,
11?80, by .t;,e .2ffi~wative vote of at least three Councilmen, to ...:it:
AYES:
l\OES:
;'.3 SE~\T:
Councilmen Dring, Giib,
None
None
Pellegrino
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City
1702