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HomeMy WebLinkAbout14093 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; 95 (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. 97 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 ) 99 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. ' x Mar ret S. Barbosa, Acting City Clerk of the City of Irwindale, California