For purposes of this chapter, the following definitions shall
be applicable:
means and includes the words political, patriotic, philanthropic,
social service, welfare, benevolent, educational, religious, civic
or fraternal.
means any food, clothing, money, subscriptions, property
or donations given or solicited.
means any individual, corporation, partnership, association,
union or other legal entity of any kind.
mean the direct or indirect request for contributions by
calling upon places of residence or business in person or by telephone
or by direct personal contact in public places or upon public property.
(Ord. 1036 § 2, 1988)
(a)
It
is unlawful for any person to solicit contributions within the city
for any charity or charitable purpose without first obtaining a permit
as provided in this chapter.
(b)
No
permit is required for solicitations by one member of an organization
to another when the solicitation is conducted on behalf of that same
organization.
(Ord. 1036 § 2, 1988)
(a)
Any
person desiring to solicit charitable contributions within the city
shall file an application with the chief of police at least fifteen
days prior to the proposed effective date of the permit; provided,
however, that the chief of police, for good cause shown, may permit
the filing of an application less than fifteen days prior to the proposed
effective date of the permit.
(b)
The
application shall contain the following information, or, in lieu thereof,
a statement satisfactory to the chief of police of the reasons why
such information cannot be furnished:
(1)
The name and address of the applicant and any organization on whose
behalf the solicitation is conducted;
(2)
If the applicant is not an individual, the names and addresses of
the applicants’ principal officers and managers;
(3)
The names and addresses of the person or persons who will be in direct
charge of conducting the solicitation;
(4)
The purposes for which the proceeds of the solicitation are to be
used;
(5)
The method or methods by which the solicitation shall be made (i.e.,
door-to-door, telephone, etc.) as well as the location of the solicitation;
(6)
The period of time when the solicitation will be made, giving the
preferred beginning and ending dates;
(7)
A list of other counties or cities where similar permits have been
applied for in the last two years;
(8)
A statement indicating whether the applicant or any organization
represented by the applicant has been granted tax-exempt status; and
(9)
A statement indicating whether any of the solicitors are salaried
or commissioned and if so, the compensation to be paid.
(c)
If
any of the information provided on the application changes either
while the application is pending or during the effective period of
the permit, the applicant shall notify the chief of police in writing
within twenty-four hours of the change.
(d)
Upon
filing, the application shall become and remain a public record.
(Ord. 1036 § 2, 1988)
(a)
Prior
to the date on which solicitation is to begin, a permit shall be issued
unless the chief of police makes one or more of the following findings:
(b)
If
the application is denied, the applicant shall be immediately notified
in writing by the chief of police. Within five days after receipt
of the notice, the applicant may request a hearing before the city
manager. The hearing shall be scheduled within five days after receipt
of the applicant’s request. At the hearing the applicant may
present evidence in support of the application to the city manager
or the manager’s designee. Within five days after the hearing,
the manager shall issue a written decision either granting or denying
the application. The manager’s decision shall be final.
(c)
The
permit shall be valid for a maximum of thirty days and may be renewed
once after review by the chief of police. Each renewal period shall
be for a maximum of thirty days.
(Ord. 1036 § 2, 1988)
(a)
The
chief of police may immediately revoke any permit issued upon finding
that any person to whom a permit was issued has violated any provisions
of this chapter, engaged in fraudulent practices, has trespassed upon
private property or is not conducting solicitations in accordance
with the methods listed in the application. Written notice of revocation
shall be immediately mailed to the applicant.
(b)
Should the applicant desire to appeal the revocation, the procedure used shall be the appeal procedure in Section 6.40.040(b).
(Ord. 1036 § 2, 1988)
Each person actively engaged in soliciting shall carry a copy
of the permit issued by the chief of police. In addition, each solicitor
shall carry a card or badge containing the name and address of the
solicitor, a description of the purpose of the solicitation and the
period of time during which the solicitation will be conducted.
(Ord. 1036 § 2, 1988)
(a)
It
is unlawful for any person to solicit at any time at any building
where there is a posted sign stating “no solicitors,”
or words to that effect, unless the occupant has previously granted
permission.
(b)
It
is unlawful for any person to solicit between the hours of nine p.m.
and nine a.m.
(c)
It
is unlawful for any person to solicit in a congested area where the
solicitation impedes the public. For the purpose of this section,
the judgment of a police officer, exercised in good faith, shall be
deemed conclusive as to whether the area is congested or the public
impeded.
(Ord. 1036 § 2, 1988; Ord. 1080 § 2, 1990)
Any person violating any provision of this chapter shall be
guilty of an infraction and upon conviction shall be subject to payment
of a fine not to exceed the limits set forth in Section 36900 of the
Government Code.
(Ord. 1036 § 2, 1988)
