The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Political advocacy solicitations
means any course of conduct whereby any person shall solicit
property or financial assistance of any kind or sell or offer to sell
any organization membership in anything of value [sic] and/or to promote
the communication of information, to effect the dissemination and
propagation of views and ideas and the advocacy of causes, including
but not limited to solicitation of money, services or assistance to
promote any political candidate or political party.
(1999 Code, sec. 74-121)
It shall be unlawful to conduct any political advocacy solicitations
on the streets, in any office building or any other public or private
place, [or] by house-to-house canvass in the city unless the person
conducting and responsible for such solicitations shall first have
registered with the city in compliance with the terms of this division.
(1999 Code, sec. 74-122)
The provisions of this division shall not apply to:
(1) Any
organization which solicits funds solely from its own members or from
its own assemblies, not using public streets or public places for
such purposes;
(2) Any
public school which controls the solicitations of funds by parent-teacher
association organizations and the solicitations of funds by other
activity groups which may be sponsored by the public school or by
an association or club whose primary purpose is to sponsor certain
student and parent activities for the benefit of such association,
club or activity;
(3) Any
solicitation for the benefit of an individual or family that has suffered
a personal tragedy resulting from personal injury, illness or the
loss of housing; and
(4) Any
solicitations campaign conducted through the use of television or
radio as to those activities directly related to the use of television
or radio.
(1999 Code, sec. 74-123)
(a) The
city administrator shall register an applicant under this division
unless he determines that:
(1) One or more of the statements made in the registration application
are not true;
(2) The applicant or person in charge of the political advocacy solicitations
has made or caused to be made false statements or misrepresentations
to any member of the public with regard to the political advocacy
solicitations or other activities described in the registration, or
has made or caused to be made false statements or misrepresentations
in the registration application, or has in any way publicly represented
that the registration granted under this division is an endorsement
or recommendation of the cause for which the political advocacy solicitations
is being conducted or has otherwise violated any of the terms of registration
or this division; or
(3) Under a prior registration obtained from the city, the applicant
failed to submit the required reports at the end of the solicitations.
(b) The applicant shall pay a fee as set forth in the fee schedule in appendix
A of this code.
(1999 Code, sec. 74-125; Ordinance
adopting 2018 Code)
A registration issued under this division shall be for a six-month
period. At the end of that time, the applicant may apply for an extension
of the registration on a form supplied to him by the city
administrator’s office. This form may require the submission
of the same information that was required in the original application,
or only portions of that information.
(1999 Code, sec. 74-126)
Should an applicant under this division have a registration
revoked, he may appeal that action to the city council by submitting
a letter to the city administrator’s office within ten days
of the action complained of. A hearing on the revocation will then
be scheduled for the next regular meeting of the council, or a special
meeting of the council, to be held within 15 days of the appeal. The
council will render a decision on the appeal within ten days of the
hearing. The council may grant waivers of the provisions of this division
upon a showing of good cause.
(1999 Code, sec. 74-127)
All persons or organizations issued a registration under this
division shall furnish to the city administrator, within 30 days after
the political advocacy solicitation has been completed, a detailed
report and financial statement showing the amount of funds raised
by the political advocacy solicitations and the amount expended in
collecting such funds; however, the city administrator may extend
the time of filing of the report required by this section for an additional
period of 30 days upon proof that the filing of the report within
the time specified will work unnecessary hardship on the registered
organization. The registrant shall make available to the city administrator,
or to any person designated in writing by the city administrator as
his representative for such purpose, all books, records and papers
whereby the accuracy of the report required by this section may be
investigated.
(1999 Code, sec. 74-128)
The registrant for a political advocacy solicitation shall be
responsible for the acts of his authorized representatives in connection
with such solicitation.
(1999 Code, sec. 74-130)