Loading...
HomeMy WebLinkAbout1702 a~t 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 Part 1 of chapter 6 of Article VI of the J..rcadia Municipal Code is hereby repealed.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 , follo,",s: / / / " // .. 1702 1 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. ,., 2 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. ~ 3 . 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 ." and filed with the Manager not less than ten (10) days prior to the time at which the certificate applied for 4 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 5 (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. 6 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. 7 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 8 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 9 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 10 ---- _ ......__ \."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 11 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 12 -- -.'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. .., 13 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 ." in the City, the nurr,ber of certificate holder's certificate and t~e date cf 14 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. "' 15 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 16 ... ____ _..-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. .., 17 ~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 18 City 1702