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ORDINANCE NO. 140
AN ORDINANCE OF THE CITY OF IRWINDALE
ADDING A NEW CHAPTER 7 TO ARTICLE 4
OF THE IRWINDALE MUNICIPAL CODE RELATING
TO CHARITABLE AND RELIGIOUS SOLICITATIONS
AND PROVIDING FOR THE IMMEDIATE ENACTMENT
THEREOF.
THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN
AS FOLLOWS:
SECTION 1. A new Chapter VII reading as follows, is
hereby added to Article 4 of the Irwindale Municipal Code:
CHAPTER VII
i-
CHAZITABLE AND RELIGIOUS SOLICITATIONS
SECTION 4700. Definitions. The following words and
phrases when used in this Chapter s a ave the meanings hereinafter
respectively ascribed to them.
SECTION 4700.1. Same. Solicit. "Solicit" and "solicit-
ation':' shall mean the request directly or in irectly of money, credit
property, financial assistance, or other thing of value on the plea or
representation that such money, credit, property, financial assistance
or>other thing of value will be used for a charitable or religious
purpose as those purposes are defined in this Chapter. These words
shall also mean and include the following methods of securing money,
credit, property, financial assistance or other thing of value on the
plea or representation that it will be used for a charitable or religious
purpose as herein defined:
(1) Any oral or written request;
(2) The distribution, circulation, mailing, posting or
publishing of any handbill,, written advertisement, or publication;
(3) The making of any announcement to the press, over
the radio, by telephone.or,.telegraph concerning an appeal, assemblage,
athletic or sports event, bazaar, benefit, campaign, contest, dance,
drive, entertainment, exhibition, exposition, party, performance, picnic
sale or social gathering which the public is requested to patronize or
to which the public is requested to make a contribution for any charitable
or religious purpose connected therewith;
(4) The sale of, offer or attempt to sell, any advertise-
ment, advertising space, book, card, chance, coupon, device, magazine,
membership, merchandise, subscription, ticket or other thing in con-
nection with which any appeal is made for any charitable or religious
purpose, or where the name of any charitable or religious person is used
or referred to in any such appeal as an inducement or reason for making
any such sale, or when or where in connection with any such sale, any
statement is made that the whole or any part of the proceeds from any
such sale will go or be donated to any charitable or religious purpose.
A "solicitation" as defined herein shall be deemed completed
when made, whether or not the person making the same receives any
contribution or makes any sale referred to in this section.
SECTION 4700.2. Same. Charitable. "Charitable" shall
mean and include the words patriotic, p ant ropic, social service,
welfare, benevolent, educational, civic, or fraternal, either actual or
purported.
SECTION 4700.3. Se. Reli�io_us. "Religious" and "religion"
as used herein shall not mean anamnc u e t he "charitable" as
herein defined, but shall be given their commonly accepted definitions.
„q¢
SECTIONS
shall mean and linclude
scription, property or
or property.
4700.4. Same. Contributions. "Contributions”
the words alms, oo , c of ing, money, sub -
donations under the guise of a loan of money
SECTION 4700.5. Same. Person. "Person" shall mean any
individual, firm, co -partnership, corporat on, company, association, or
joint stock association, church, religious sect, religious denomination,
society, orgAnization or league, and includes any trustee, receiver,
assignee; agent, or other similar representative thereof.
SECTION 4701).6 Same. Promoter, "Promoter" shall mean
any person who promotes, manages, supervises organizes, or attempts
to promote, manage, supervise, or organize a campaign of solicitation.
SECTION 47')0.7. Sam. Manager. "Manager" shall mean the
City Manager.
SECTION 4711.. Solicitations. Permit Required.
Exemptions. No person shall solicit contributions for any charitable
o,, *eligious purp,se within the City without a permit from the Manager
author�iz:ing such solicitation; provided, however, that the provisions
of this Section shall not apply to:
(a) Any established person organized and operated
exclusively for religious or charitable purposes and not operates' for
the pecuniary gain of any person, if the solicitations by such
established person are conducted among the members thereof by other
members or officers thereof, voluntarily and iaithmt remuneration for
making such solicitations, or if the solicitations are in the form of
collections or contributions at the regular assemblies or services of
any such established person;
(b) Any person, firm or corporation organized and
operated exclusively for religious or charitable purposes, which
organization has continuously had its principal place of worship or
principal offices located in the City of Irwindale for more than five
consecutive years.
SECTION 4702. Application for Charitable Solicitations
Permit. An application for a permit to solicit as provided by Section
4701 shall be made to the Manager upon forms provided by the City.
Such application shall be sworn to and filed with the Manager at
least fifteen days prior to the time at which the permit applied for
shall become effective; provided; however, that the Manager may for
good cause shown allow the filing of an application less than fifteen
days prior to the effective date of the permit applied for. The
application herein required shall contain the following information,
or in lieu thereof, a detailed statement of the reason or reasons why
such information cannot be furnished:
(a) The name, address or headquarters of the person
applying for the permit;
(b) If applicant is not an individual, the names and
addresses of the applicant's principal officers and managers and a
copy of the resolution, if any authorizing such solicitations,
certified to as a true and correct copy of the original by the officer
having charge of applicant's records;
(c) The purpose for which such solicitation is to be
made the total amount of funds proposed to be raised thereby, and the
use or deposition to be made of any receipts therefrom;
(d) A specific statement, supported by reasons and, if
available, figures, showing the need for the contributions to be
solicited;
(e) The names and addresses of the person or persons by
whom the receipts of such solicitations shall be disbursed;
(f) The name and address of the person or persons who
will be in direct charge of conducting the solicitation and the names
of all promoters connected or to be connected with the proposed
solicitation;
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(g) An outline of the method or methods to be used in
conducting the solicitations;
(h) The time when such solicitation shall be made, giving
the preferred dates for the beginning and ending of such solicitation;
(i) The estimated cost of the solicitation;
(j) The amount of any wages, fees commissions, expenses or
emoluments to be expended or paid to any person in connection with
such solicitations, and the names and addresses of all such persons;
(k) A financial statement for the last preceding fiscal
year of any funds collected for charitable or religious purposes by
the applicant, said statement giving the amount of money so raised,
together with the cost of raising it, and final distribution thereof.
(1) A full statement of the character and extent of the
charitable or religious work being done by the applicant within the
City;
(m) A statement to the effect that permit is granted, it will
not be used or represented in any way as an endorsement of the City
or by any department or officer thereof;
(n) Such other information as may be reasonable required by
the Manager in order for him to determine the kind and character of
the proposed solicitation.
(o) In addition, any application for a permit to solicit
for charitable purposes shall contain a statement that the actual cost
of solicitation will not exceed twenty-five percent of the total
amount to be raised.
If, while any application is pending, or during the term of
any permit granted thereon, there is any change in fact, policy, or
method that would alter the information given the application, the
applicant shall notify he Manager in writing thereof within twenty-
four hours afper such change.
SECTION 4703. Charitable Solicitations. Application Fee.
Any application for permit to solicit for charitable purposes shall
be accompanied by a fee $5.00 to cover the cost of investigation.
Said fee shall be payable to the City Treasurer. Where no investigation
is required to ascertain the truth of the facts set forth in the
application or whether the solicitation would be fraud on the public,
the fee may be waived.
SECTION 4704. Investigation by Manager. The Manager shall
examine all applications filed under Section 4702 and shall make, or
cause to be made, such further investigation of the application and
the applicant as the Manager shall deem necessary in order for him
to determine whether or not the statements made in the application
are true and whether or not the solicitation requested would be a
fraud on the public. Upon request by the Manager, the applicant
shall make availjble for inspection by the Manager, or any person
designated in writing by the Manager az his representative for such
purpose, all of the applicant's books, records and papers at any
reasonable time before the application is granted, during the time a
permit is in effect, or after a permit has expired.
SECTION 4705. Granting or Denying Permit. In the case of
an application for a permit to solicit for religious purposes, if the
Manager finds that any of the statements made in the application are
not true or that the proposed solicitation would be a fraud on the
public, he shall deny the application, otherwise he shall grant the
same.
C.;
In the case of an application for a permit to solicit for
charitable purposes if the Manager finds that all of the statements
made in the application are true, that the proposed solicitation
would not be a fraud on the public, that the cost of raising the funds
will be reasonable, that the solicitation is prompted solely by the
desire to finance the charitable cause described in the application
and will not be conducted primarily for private profit, and that the
solicitation will not unreasonable conflict with any other charitable
solicitation within the City, he shall grant the application within
such time limits and subject to such other conditions as he may
reasonably impose.
The Manager shall file in his office for public inspection
and shall serve upon the applicant by registered mail a written
statement of his findings of fact and his decision upon each application
SECTION 4706. Solicitations Permit. Form of. Granting
of is Not Endorsement by City. Time Limit on permits issued under
this Chapter shall bear the name and address of the person by whom
tie splicitation is to be 4iade, the number of the permit, the date
issued, the dates within which the permit holder may solicit, and a
statement that the permit does not constitute and endorsement by the
City or by any of its departments, officers or employees of the
purpose or of the person conducting the solicitation. All permits
must be signed by the Manager. No permit to solicit for religious
purposes may grant the right to solicit longer than ninety days from
its date, but the Manager may extend any such permit for not more than
ninety additional days upon a showing that unnecessary hardship would
be created by a failure to extend the original ninety day period for
such additional days. No permit to solicit for charitable purposes
shall grant the right to solicit for such purpose for more than
thirty days during any calendar year.
SECTION 4707. Permit Non -Transferable. Return of Upon
Expiration. Any permit issued under this Chapter shall be non-
transferable and shall be returned to the City Manager within two
days of its date of expiration, together with all facsimile copies
thereof.
SECTION 4708. Agents and Solicitors for Solicitation Permit
Holders. All persons to whom permits have been issued under this
Chapter shall furnish proper credentials to their agents and solicitors
for such solicitation. Such credentials shall include the name of the
permit holder, the date a statement describing said holder's charitable
or religious activity, a description of the punpose of the solicitation,
the signature of the permit holder or of the holder's chief executive
officer, and the name, address, age, sex and signature of the solicitor
to whom such credentials are issued and the specific period of time
during which said solicitor is authorized to solicit on behalf of the
permit holder. A Copy of such credentials must be filed with the
Manager at the time the application for a permit is filed and must
be approved by him as conforming to the requirements of this Section
before such permit is issued. No person shall solicit under any
permit granted under this Chapter without the credentials required
by this Section and a facsimile copy of said permit in his possession.
Said credentials and said facsimile copy of the permit must be shown,
upon request, to all persons solicited and to any police officer of
the City.
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No agent or solicitor shall solicit contributions for any
charitable or religious purpose for any person unless such person
has been granted a permit under the provisions of this Chapter.
SECTION 4709. Revocation of Permits. Any permit issued
may be revoked if the permittee is not operating in accordance with
the application pursuant to which such permit was issued or if
further activity of said permittee would operate to defraud the public.
Such revocation may be made by a registered letter signed by the City
Manager and directed to the addtess of the applicant as stated upon
the application pursuant to which the permit was issued, Said permit
shall become null and void on and after the third day from the date
after which said letter is deposited in the United States Post Office
in the City.
SECTION 4710. Appeal to City Council. Within five days
after recdiving notification by registered mail that his application
for a permit to solicit has been denied, or within five days after
receipt of notice by registered mail that his permit to solicit has
been revoked, the applicant or permittee may appeal such denial or
revocation to the City Council by filing a written notice of appeal
with the City Clerk. In case of such appeal, the City Council shall
conduct a public hearing thereon and make such investigation as it
may direct, and thereafter may take any action upon an application
which the Manager could have taken in the first instance, and it
may either approve or set aside the revocation of a permit. The
decision of the City Council in such cases shall be`final.
SECTION 4711. Report Required from Permit Holder. It shall
be the duty of all persons issued permits under this Chapter to furnish
to the Manager within thirty days after the solicitation has been
completed, a detailed report and financial statement showing the
amount raised by the solicitation, the amount expended in collecting
such funds, including a detailed report of the wages, fees, commissions,
and expenses paid to any person in, connection with such solicitation,
and the disposition of the balance of the funds collected by the
solicitation. This report shall be available for public inspection
at the Manager's office at any reasonable time, provided, however,
that the Manager may extend the time for the filing of the report
required by this Section for an additional period not to exceed ninety
days upon proof that the filing of the report within the time specified
will work unnecessary hardship on the permit holder. The permit
holder shall make available to the Manager, or to any person designated
in writing by the Manager as his representative for such purpose, all
books, records, and papers whereby the accuracy of the report required
by this Section may be checked.
SECTION 4712. Use of Fictitious Name. Fraudulent Misrepresenta-
tion and Misstatements Prohibited. No person shall directly or
indirectly solcit contributions for any purpose by misrepresentation of
his name, occupation, financial condition, social condition or
residence, no person shall make or perpetrate any false statement,
misstatement, deception, or fraud in connection with any solicitation
of any contribution for any purpose in the City, or in any application
or report filed under this Chapter.
SECTION 2. The City.Council finds and determines that it
is necessary that this Ordinance be enacted as an emergency Ordinance
to become effective immediately, and that it is necessary to protect
the public health, safety and welfare, that such ordinance be adopted
as an emergency measure for the following reasons:
1. Such Ordinance is necessary to preserve and guarantee
to the private householder the right of peaceful and quiet
enjoyment of the privacy of the home without regulation by
the City.
2. Such Ordinance is necessary for the protection of
society against potential marauders and undesireable
persons proceeding from house to house without the knowledge
of the Police Department.
3. To protect the residents against solicitors of
questionable charities, and to assure that monies given
for charitable purposes are used for charitable purposes.
4. Skch',Ordinance is necessary to protect the public
against fraudulent practices depriving householders of
needed funds.
SECTION 3. The Mayor shall sign this Ordinance, the City
Clerk shall attest to the adoption of same, and the same shall be
posted immediately thereafter in three(3) public places within the
City Limits of the City of Irwindale, a,"escribed by Resolution.
Adopted this 17th day of Ocygbdr, 1963.
-Kecfttard H. Diaz, I Mayor of th City
of Irwindale, California
ATTEST: ��
Acti' City' -Clerk
STATE OF CALIFORNIA )
COUNTY OF IAS ANGELES ) as.
CITY OF IRWINDALE )
I, MARGARET S. BARBOSA, Acting City Clerk of the City of
Irwindale, do hereby certify that the foregoing Ordinance No. 140,
was introduced, duly passed(as an emergency Ordinance,) approved and
adopted at an adjourned meeting of the Council held on the 17th day
of October, 1963, by the following vote of the Council:
AYES: COUNCILMEN: Miranda, Martinez, Sulzer and Diaz
NOES: COUNCILMEN: Breceda
ABSENT: COUNCILMEN: None.
Mar ret S. Barbosa, Acting City
Clerk of the City of Irwindale,
California.
At the meeting of November 4, 1963, the Ordinance was
presented for second reading and adopted by a unanimously vote of
the Council.
STATE OF CALIFORNIA )
COUNTY OF LOSANGELES) ss.
CITY OF IRWINDALE )
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MARGARET S. BARBOSA, being first duly sworn, deposes and
says: That she is the duly appointed and Acting City Clerk of the
City of Irwindale, California, and is and was at all times herein
mentioned a citizen of the United States over the age of eighteen
(18) years and competent to be a witness herein.
On October 18, 1963, she securely and conspicuously posted
at each of the public places in said City, to -wit:
(1) 16034 Calle de Norte;
(2) Post Office on Irwindale Avenue; and
(3) At or near the door of the Council Chambers,
5050 North Irwindale Avenue,
a copy of Ordinance No. 140 of the City of Irwindale, being in all
aspects the same as that attached hereto and make a part hereof.
Dated: October 18, 1963.
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Mar ret S. Barbosa, Acting City
Clerk of the City of Irwindale,
California