As used in this article, the following terms
shall have the meanings indicated:
CHARITABLE ORGANIZATION
Any organization which has for its purpose the relieving
of the poor, healing of the sick, assistance for the distressed and
helpless and furtherance of and assistance for benevolent, philanthropic
or religious purposes.
SOLICITOR
Any person who solicits any donations of supplies, provisions
and money or pledges of supplies, provisions and money.
The purpose of this article is to prevent the
soliciting of supplies, provisions or money by unscrupulous, dishonest
or unworthy persons; to prevent misrepresentation in the soliciting
of goods or funds; and to protect the public against solicitation
by improper solicitors or by solicitors not engaged by bona fide charitable
organizations.
[Amended 12-14-2009 by Ord. No. O-46-09]
A. No person shall engage or carry on as a solicitor without first obtaining
a solicitor's permit issued by the City Clerk after prior approval
by the Business Administrator or his designee. The fee for the permit
shall be $25. The permit shall expire 30 days after issuance, subject
to an extension for a period of time not to exceed 30 additional days.
B. No solicitations shall be conducted on private property unless the
permission of the property/business owner is obtained in writing.
C. No solicitations shall be permitted in a public roadway.
D. Solicitation by minors shall only be permitted if they are accompanied
by an adult.
[Amended 12-14-2009 by Ord. No. O-46-09]
At least two weeks prior to the date when the soliciting is
to commence, any person desiring a permit to solicit shall file an
application with the City Clerk. The application shall be executed
by the authorized representative of the organization applying for
the permit and shall be accompanied by proof that the application
has been so authorized. The application shall contain the following
information:
B. The permanent home address of the applicant.
C. The name and address of the charitable organization represented by
the applicant.
D. The length of time for which a permit is desired.
E. The purpose of the charitable organization represented.
F. The purpose of the solicitation for which application is made.
G. The manner in which donations are to be solicited.
H. The date when solicitation is to begin.
I. The exact time, date and location of any solicitations.
J. The name, address and age of all persons who will solicit under the
terms of the permit.
[Amended 12-14-2009 by Ord. No. O-46-09]
A. Upon receipt of the application, the City Clerk shall notify the
Business Administrator, or his designee, forthwith of said application
and its contents.
B. Thereafter, the Business Administrator, or his designee, shall verify
the information in the application respecting the worthiness and responsibility
of the charitable organization, the purpose of the charitable organization
and the moral character of the individual solicitors. The Business
Administrator, or his designee, shall then signify his approval or
rejection of the application on the reverse side of the application.
C. Upon approval of the application by the Business Administrator, the
permit shall be issued by the City Clerk for the length of time stated
in the application and approved by the Business Administrator or his
designee.
[Amended 12-14-2009 by Ord. No. O-46-09]
All permits shall be issued on forms drawn in accord with this
article. The permit shall contain suitable blank spaces for writing
in the name of the charitable organization, the individual solicitor
and the time for which the permit is issued. There shall be sufficient
additional blank spaces for the insertion of such other pertinent
information as the Business Administrator, or his designee, in his
discretion, shall deem expedient.
Every permittee shall carry with him the permit
at all times when soliciting. He shall show the permit upon the demand
of any City official or of any person solicited.
[Amended 12-14-2009 by Ord. No. O-46-09]
The permit may be revoked or suspended by the
Business Administrator, or his designee, for misstatement in the application
or for other good cause.
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $500 or by imprisonment for a term not exceeding 90 days,
or both. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.