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HomeMy WebLinkAboutORD 110ORDINANCE NO. 110 AN ORKRAM OF TNt Ct "f COUNCIL OF TNt CITY OF PALM DURRT, CALIFORNIA, REGULATING CHARI- TAELt, ULIGIOVS AND NONPR61M SOLICITATIONS The City Council of the City of Pals Desert, California DORS NMBY ORDAIN as followst ISections: 1. Definitions 2. Charitable Solicitations Permit - Exemption• 3. Application for Charitable Solicitations Permit 4. Permit Foe 5. Investigation 6. Organisation Location 7. Standards to be Applied in Granting or Denying Permits S. Appeals from Action of Code Enforcement Supervisor 9. aritable Solicitation Permit - Form 10. Permit Nontransferable or Assignable 11. Agents' and Solicitors' Credentials 12. Unlawful to Solicit Without a Permit 13. Receptacles 14. Written Receipts Required 15. Hours of Solicitation in Residential Areas 16. Conduct on Private Property 17. Solicitation by Children 18. Books and Records of Permit Holders 19. Suspension and Revocation of Permits 20. Report Required from Permit Holder 21. Use of Fictitious Name - Fraudulent Misrepresentation and Misstatements Prohibited 22. Waiver of Requirements in Extraordinary Emergency 23. Religious Solicitations - Registration and Certificate Reqaired 24. Religious.Solicitation Certificate of Registration - Contents - Credentials for Solicitors - Exemptions 25. Religious Solicitation - Hourly Restrictions 26. Religious Solicitations - Investigation of Affairs.of Person Soliciting for Religious Purposei 27. Bond 28. Penalties 29. Severability Section 1. Definitions. As used in this Ordinance the following term sb&LL have the meanings indicated. (a) SOLICIT OR SOLICITATION. The term "solicit" or "solicitation" shall mean the request directly or indirectly of money, credit, property, including discarded household furnishings, newspapers, magazines, castoff materials, or financial assistance of any kind, including donations or pledges of donations, on the re- presentation that such money, credit, property or thing of value will be used for a charitable or religious purpose as those purposes are defined in this Ordinance, or to sell or offer for sale or to exhibit say thing or object whatever to raise monsys or to secure or attempt to secure money or donations or other property by promoting an basaar oats, done*, card party, supper or entertainment whether any of P;U acts occurs on the streets, iA any office or pubiie building, by house-tc-bouse canvass, or in any public or private place b7 bpersonal solicitation. Solicitations conducted b mail, by telephone, y radio or television, or upon bona fide Invitation of the person solicited shall be exempt from the provisions of this Ordinance. AMENDED ORDINANCE 0.... /. G............ DATtD.... : JJ'?............. A "solicitation" as defined herein shall be d*wed completed w%m s►a8e whether or not the person slaking the sans receives any contribution or slakes any sale referred to in this section. (b) CHARITABLE. The term "charitable" shall mean and Include the words patriotic, philanthropic, scientific rearch, social service, welfare, benevolent, educatise onal. civic or fraternal, either actual or purported. (c) RELIGIOUS and RELIGION. The terms "religious" and "reli�Lon" as used herein shall not mean and include the word "charitable" as herein defined, but shall be given their commonly accepted definitions. (d) CONTRIBUTIONS. The term "contribution" shall mean and include the words alms. food, clothing, money. subscription, property or donations under the guise of a loan of money or property. (a) PERSON. The term "person" shall mean any individual, firm. copartnership, corporation, 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. (f) PROMMR. The term "promoter" shall mean any person who promotes. manages,"supervises, organizes, or attempts to promote, manage. supervise or organize a campaign of solicitation. (g) PROFESSIONAL SOLICITOR. The term "professional solicitor" shall mean any person other than a promoter who is employed or retained for compensation to make solicitations for charity or who directs or supervises other persons who are engaged in making solicita- tions for charity. Section 2. Charitable Solicitation Permit - Exe io ns. No person as a ne a Section o this Ordinance shall c t contributions for any charitable purpose within the City without first obtaining a permit as required by this Ordin nce, provided, howevsr,tha• upon pplica- tion and determination by the Cote Enforcement Supervisor that suc�i orgafiiiations fall in the -categories hereinafter set forth; -the permit requirements.shall not apply to: (a) Local bona fide religious or educational organizations which have been in existence and have regularly maintained a place of worship or an educational facility in the Coachella Valley/County of Riverside for a period of at least one (1) year. (b) Solicitation activities conducted on promises owned or occupied by, or among the members of, a charitable, religious, or educational organization. (e) Activities relating to the relief of person. specified by name at the time of the solicitation where the solicitor represents in each case that the entire amount collected, without any deduction for expense incurred during the activity, ehall be turned over to the named beneficiary. Section._ Application for Charitable Solicitations Permit. An app ca on or a perm o to e t or any Charitable purpose shall be wade to the Code Enforcement Supervisor upon forms supplied by the City. Such application shall be verified and filed with the License an Tesait Dision at least thirty (30) days prior to the time at which the permit applied for is requested to become effeetivai provided. how..... that the Code Enforcement Supervisor way for good cause shown allow the Min of an application lass than thirty (30) days prior to the re gqwsted affective date of the permit applied for. The applica- tion herain required shall contain the following information, or in lieu thereof a detailed statement of the reason or seasons why such informa- tion cannot be furnishadt -Z. (a) The name, and address or headquarters. of the person applying for the permit. addresses of the applicant princiipaindividuals officer and managers and a copy of the resolution, if any, authorising such solicitation, certified to as a true and correct copy of the original by the officer having charge of applicant's records. (e) The rpose for which the solicitation is to be made, the total amount o funds proposed to be raised in pals Desert, and the use or disposition 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. (a) The names and addresses of the person or persons by whom the receipts of such solicitations shall be disbursed. (f) The names and addresses of the person or persons who will be in direct charge of conducting the solicitation and the names and addresses of all promoters and paid fund raisers or professional solicitors connected or to be connected with the proposed solicitation. (g) A general outline of the method or methods to be used In conducting the solicitation. (h) The time when such solicitations shall be made, giving the dates for the beginning and ending of such solicitations. (I) An itemization of the estimated cost of the solicitation. (j) The amount of any wages, fees, commissions, expenses or emoluments to be expected or paid to any person in connection with such solicitation and the names and addresses of all such persons. (k) A financial statement for the last precedin fiscal year indicating any funds collected in this City or elsewhere for charitable purposes by the applicant, giving the amount of money so raised, the cost of raising it, and the final distribution thereof. In addition, if the applicant conducted a solicitation in this City at any time during the preceding twelve (12) months, a separate financial statement of any funds collected thereby shall be submitted, containing information showing the amount of money so raised, the cost of raising it, and the final distribution thereof. (1) A statement that the solicitation will be so conducted as to reasonable guarantee that any minors acting as solicitors will be adequately supervised by responsible adults, together with an explanation of how this shall be accomplished. (s) A statement that not less than seventy -live percent (75%) of the total amount of money or property collected. will be devoted to charitable purposes or, if it is expected that less than seventy-five percent (75%) of the total amount of the money or property to be collect- ed will be devoted to charitable purposes. a statement indicating what percentage of such honey or property to be collected will be devoted to pea 11 purposes, together with an explanation of any special facts showing that said lesser percentage is reasonable in the particular case. (a) A statement to the effect that if a permit is granted it will not be used or represented in an way as an endorsement by the City or say officer of department thereof. (o2 Such other information as may reasonably be required by the Code Enfsorc~t Supervisor. -s- v • • s Its *bits the application is pending or during the term of say permit granted thereon, there is any change in fact, policy or aNthod that would alter the information given in the application, the applicant shall notify the Code Enforcement Supervisor in writing thereof Within twanty-four (24) hours after such change. Section 4. Permit Let, At the time of filing an application for a permit, atee ofTen" Dollars ($10.00) shall be paid to partially cover the cost of investigating and processing the application and issuing the permit. Section S. Investigation. The Code Enforcement Supervisor or his es tec reppresents ve, shall examine all applications filed pursuant to thos Ordinance and shall cause such further investigation to be made of the application and the applicant as the Code Enforcement Supervisor may deem necessary to perform his duties under this Ordinance. Supervisor, the applicant shall make available for inspection by the Code Enforcement Supervisor, or any person designated in writing by the Code U nforcement Supervisor as his representative for that purpose, all of the applicant's books, records and papers relevant to the applica- tion at any reasonable time before the application is granted, during the time a permit is in effect, or within one year after a permit has expired. Section 6. Organization Location. All solicitation activities shall be conducted under the respons lity, direction and sponsorhsip of a local charitable organization maintaining offices or headquarters in the Coachella Valley/County of Riverside. ens was an=arcemenz auperviaor snatt Issue the permit provided f in Section 2 hereof whenever he shall find the following facts to exist: (a) All of the statements made'in the application are true. (b) The applicant has a good character and reputation for honesty and integrity. (c) The control and supervision of the solicitation will be under responsible and reliable persons, (d) The applicant has not engaged in any fraudulent trans- action or enterprise. (a) The solicitation will not be a fraud on the public. (f) The solicitation i• prompted solely by a desire to finance the charitable cause descriibed in the application, and is not to be conducted primarily for private profit. (S) The total amount of funds or property to be devoted to charitable purposes will be reasonable. If ti appears that less than seventy-five percent (75%) of the $roes amount collected within the City will be devoted to charitable purposes, it shall be considered to be unreasonable nalose special facts are presented showing that such tester percentage is reasonable in the particular case. •4. (h) That if the applicant has collected or intends to collect Funds or property in other cities or derives revenue from other sources, the appiicent`a total overhead and administrative costs are not exceaRva. Any such cost in excess of two.t -five per- cent (an) of the =stoss amount of money and/or property collected by the applicant in a� Hacal year shall be considered to be unreasonable an ems special faeta are presented showing that such higher costs are reasonable in the particular case. section a. Aoneals from Action of Code Enforcement Supervisor. If an applicant s aggrieved y any action or failure o act upon the part of the Code Enforcement Supervisor in issuing, failing to issue, suspending or revoking any permit under this ordinance, such applicant say appeal to the City Council by filing with the City Clerk a state - sent addressed to the Cit Council setting forth the facts and circum- stances regarding the act on or failure to act on the part of the Code Enforcement Supervisor. The City Clerk shall notify the applicant in writing of the time and place set for hearing his appeal. The City Council at its next regular meeting held not less than five (5) days from the data on which such appeal shall have been filed with the City Clerk shall hear the applicant, Code Enforcement Supervisor and all relevant evidence and shall determine the merits of the appeal. In making its determination with respect to the granting or denial of such permits, the City Council shall be guided by the standards set forth in Section 7. The action of the City Council thereon shall be final. The right to appeal to the City Council from the denial or revocation of any permit required by this Ordinance shall terminate upon the expiration of fifteen (15) days following the deposit of a registered letter in the United States Post Office advising the applicant of the action of the Code Enforcement Supervisor and of his - right to appeal such action to the City Council. t_. Section 9. Charitable Solicitation Permit - Form. Permits issued under this Ordinance shall ear the name an a ress of the person by whom the solicitation is to be made, the number of the permit, the date Issued, the dates within which the permit holder may solicit, a state- ment that the permit does not authorize the conduct of any event or activity prohibited by law, and a statement that the permit does not constitute an endorsement by tte City or by any of its departments, officers or employees of the Cityy for the person condyating the solicitation. All permits must be signed by the Code Enforcement Supervisor and by the permit holder, or such holder's chief executive officer. The Code Enforcement Supervisor may by permit grant the right to solicit on one or more single, nonconsecutive days in any calendar year, and may grant the right to solicit for any number of consecutive days not to exceed one year from the data of the permit. Upon the expiration of any permit, and if requested in writing so to do, the Code Enforcement Supervisor may renew the permit if he is satisfied that the requirements of this Ordinance are still being met and that no violation of this Ordinance has been committed. A new application shall be required unless waived by the Code Enforcement Supervisor. section 10. larmit tlontransferable. Any permit issued pursuant to MILS 0rdUwMC0 shalL not be transferable or assignable. as. turnish credentials rovided by the City to such solicitation. �uch credentials shall organisation represented a description of �iai�s. All persons to firma ordinance shall their Solicitors for include the new of the the purpose of the solicita- tion, the Tama of the solicitor, address, age and duration of time Mhich solicitation is authorised solicitors signature. Said creden- tials shall be worn by the oolic�tor at all times when soliciting within the City. Section it. Unlawful to Solicit Without a Permit. No agent or solicitor shall so—lieso-lielt contribUtLOnS for any charitable purpose for any person in the City of Palm Desert unless such person has been granted a permit pursuant to this ordinance. Section 13. RecO tacle@. (a) Each cash receptacle to be used to co Oct tunas or any charitable purpose shall be of a type approved by the Code Enforcement Supervisor and shall be plainly marked with a decal showing the permit number, the dates during which the solicita- tion has been approved. and such additional information as may be required by the Cods Enforcement Supervisor. Such decals shall be provided by the City. (b) Persons shall not place boxes or receptacles for charitable contributions in any publically owned place without the expressed or written consent from the Code Enforcement Supervisor. Section 14. Written Receipts Required. Any person receiving money or anything having a value or Two Dollars ($2.00) or more from any contributor under a solicitation made pursuant to a permit granted pursuant to this Ordinance shall give to the contributor a written receipt signed by the solicitor showing plainly the name and permit l number of the person under whose permit the solicitation is conducted, the date, and the amount received; provided, however, that this section shall not apply to any contribution collected by means of a closed box or receptacle used in solicitation with the approval of the Code Enforcement Supervisor -where it is impractical to determine the amount of such contribution. Section 15. Hours of Solicitation in Residential Areas. No person shall solicit contributions for any charitable purpose in any residential area of the City at a time other than between 10 a.m. and 9 p.m. on any day except Sunday and at any time except between the houxs of 12 noon and 9 p.m. Sunday, and is further prohibited in private residential areas without the expressed or written invitation from the Property Owner's Association, Condominium Management or similar body. Section 16. Conduct on Private Pro ert . (a) Solicitors shall not knock, disturb 7—or-I&T—Eampt to gain admittance too a residence, business, publically owned place or other premise posted with a sign stati in substance. purporting to prohibit or otherwise indicating the obb action of occupants to peddling, canvassing or soliciting on the pres son. (b) Solicitors shall not remain upon a private property or business within the City of Palm Desert having been requested by the owner, or his agent, to leave. lolijilation kZ r . No person under the age of six - en years s • , &nd no parson shall allow, permit, direct or encourage any person under the ago of sixteen (16) years, to go from house -to -house or from place -to -plat• within the City for the purpose of soliciting charitable contributions after sunset. -6- gegiat_ld. looks an Recorda_o_permit Holders. No arson shall so c any con riSat%nn tar any chin a • purpose without maintain - In& a system of accounting whereby all contributions to it and all dis- burse nts are entered upon the books or records of such persons' treasurer or other financial officer. section 19. Sus ension and Revocation of Permits. if at any time it onall cone to Me attention ae e city manager, or if the City Manager has reason to believe, that any person to%hom a permit has been issued 8urtuant to that Ordinance has violated any of the provisions of this rdinance or any term or condition of the permit, or that any promoter, agent or solicitor of a permit holder has misrepresented the purpose of the solicitation, the City Manager shall immediately suspend the permit and give the permit holder written notice of this action by registered, special delivery mail or by personal service. The notice shall contain a statement of the facts upon which the City Manager has acted in suspending the permit and shall advise the permit holder of the date and time of a hearing to be held within three (3) days of such suspension to determine whether the permit should be revoked. At the hearing, the permit holder and any other interested person shall have the right to present evidence as to why the permit should not be revoked and any other facts which may aid the City Manager in determining whether there has been a violation of this Ordinance or any term or condition of the permit. If, after such hearins. the City Manager finds that this Ordinance or any term or condition of the permit has been violated, or that any promoter, agent or solicitor has misrepresented the purpose of the solicitation, he shall revoke the permit. If he does not so find, the City Manager shall cancel the suspension and reinstate the permit. No person shall solicit or encourage solicitation by others for any charitable purpose after notice that a permit previously issued to such person for said charitable purpose has been suspended or revoked. Section 20. Report Re uired from Permit Holder. All persons issued peFUts pursuant to this Ordinance shall urna to the Code Enforce- ment Supervisor withln-thirty (30) days after the solicitation has been completed a report and financial statement, forms provided by the City, showing the amount raised by the solicitation, the amount expended In collecting such funds, including a report of the wages, fees, cosnissions and expenses paid to any person in connection with such soli- citation, and the disposition of the balance of the funds collected by the solicitation. This report shall be available for public inspection at the City Clerk's office at any reasonable time. The permit holder shall make available to the Code Enforcement Supervisor, or to any person designated in writing by the Code Enforcement Supervisor as his representative for such purpose, all books, records and popera whereby the accuracy of the report required by this section may be checked. solicit contributions for any purpose by misrepresentation of his name, occupation, financial condition, social condition, residence or an other material fact, and so person shall make or perpetuate any other misstatement, deception or fraud in connection with any solicitation of any contribution for any purpose in the City in any application or report filed pursuant.to this Ordinance. city rAnager nay waive the requirements or tuts vraine part when he datarniaes that such waiver is necessary charitable association applying therefore may meet an emergency or great public calamity requiring isnediats -7. meraencY. The nee n whole or in in order that the extraordinary aid. ti Reli i s solicitations - Reliptptigg and Certificate we person anall MOLLCIt COntTIbUtIOng for any re ous nrpoee M 041, the City without a certificate from the Code Enforcement twieor. Application for a certificate shall be made to the Code En etcessnt Supervisor upon forms provided by the City. Such applies- tich shall be verified and shall contain the following information. is) The name and address or headquarters of the person applying Boor the permit. (b) If the 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, authorising such solicitation. certified to as a true and correct copy of the original by the officer having charge of applicant's records. (c) The eurpose for which such solicitation is to be made, the total amount at funds proposed to be raised thereby, and the uses or disposition to be made of any receipts therefrom. (d) A specific statement supported by reason and, if avail- able. figures showing the need for the contributions to be solicited. (e) The name and address 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 promotore connected or to be connected with the proposed solicitation. (g) An outline of the.method or methods to be used in conducting the solicitation. (h) The time When such solicitation shall be made. giving L the dates for the beginning and ending of such solicitation. (1) The estimated cost of the solicitation. (j) The amount of any wages, fees. commission, expenses or emoluments to be expended or paid to any person in connection with such solicitation, and the names and addreses of all such persons. (k) A financial statement for the last preceding fiscal year of any funds collected for 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 religious work being done by the applicant within the City. (m) A statement to the effect that if a certificate is ranted it will not be used or represented in any way as an endorsement r the City or by any department or officer thereof. (n) Such other information as the Code Enforcement Supervisor may does necessary in order for his to determine the kind and character of the proposed solicitation. The applicant and any solicitors receiving compensation for their services shall be fingerprinted by the Police Department unless this requirement is waived by the Code Enforcement Supervisor. tf, while any application is pending or during the tors of say etrtifiaate $ranted thereon there is an change in fact policy, or wsthod that would alter the 6forsation given in the application, the applicant shall notify the Code Enforessient Supervisor in writing thereof within twenty-four (24) hours after such change. 4- Section_14._ Relitious_SeliQilation Certificate of Resistration - gm en & credo ale _ for saucuors Exemptions, (a) fton receipt of such application, the Code Enforcement Supervisor shall forthwith issue the applicant a certificate of regis- tration. The certificate shall remain in force and effect for a period of sire (6)` months after the issuance thereof, and shall be renewed upon the expiration of this period upon the filing of new application as provided for in this section. Certificates of registration shall bear the name and address of the person by whom the solicitation is to be made, the number of the certificate, the data issued, and a statement that the certificate does not constitute an endorsement by the City or by any of its departments or officers of the City for the person conduct- ing the solicitation. (b) All persons to whom permits have been issued pursuant to this Ordinance shall furnish credentials provided by the City to their solicitors for such solicitation. Such credentials shall include the new of the organization represented, a description of the purpose of the solicitation the name of the solicitor, address, age and duration of time which solicitation is authorized, solicitors signature. (c) Said credentials shall be worn by the solicitor at all times when soliciting within the City; provided, however, that the provision of this section shall not apply to any established person organized and operated exclusively for religious purposes and not operat- ed for the pecuniary profit of any person if the solicitations by such established person are conducted among the members thereof by other members or officers thereof, voluntarily and without remuneration for making such solicitations, or if the solicitations are in the forms of collections or contributions at the regular assemblies or services of any such established person. Section 25. Reli ious Solicitation - Rourly Restrictions. No person shall Solicit contributions for any charitable purpose in any residential area of the City at a time other than between 10 a.m. and 9 p.m. on any day except Sunday, and at any time, except between the hours of 12 noon and 9 p.m. Sunday, and is further prohibited in private residential areas without the expressed or written invitation of the Property Owner's Association, Condominium Manager or similar body. visor is authorized to investigate the affairs of any person soliciting for religious purposes under a certificate issued under Section 24 and to make public his written findings of any of said persons. Said person small make available to the Code Enforcement Supervisor, or to say representative designated by the Code Enforcement Supervisor in writing for such specific purpose, all books, records, or other informa- tion reasonably necessary to enable the Code Enforcement Supervisor to fully and fairly inform the public of all facts necessary to a full understanding by the public of the work and methods of operation of such persons; provided that five (S) days before the public release of any findings under this section the Code Enforcement Supervisor must first serve a copy of said findings upon the person investigated, and at the time of the release of his findings he must release a copy of any written statement said parson may fife with theCode Enforcement Supervisor in explenation, denial, or confirmation of said findings. Section 21, •ond. The Cods Enforcement Supervisor may require each Applicant requesting a solieitatioa'permit to post a bond if such arganisatioa: ato z - L•a•�Y • � x ( Was not continuously conducted business or maintained sffitea within the Coachella Valley/County of Riverside for a period eE any it �s st iwsdiatsly preossding the filing of an application !er a got citation permit; or if (b) Prior complaints have been received from local residents or other persons pursuant to solicitation activities for athe applicant organisation. Bond shall be posted in the amount of $3,000 with a surety ccoossppa�r acceptable to the City of Palm Desert. Conditions of the bond shall include provisions that the applicant organization and each solicitation shall comply with all ordinances and regulations of the City of Pals Desert. Parsons aggrieved or damaged by the action of the applicant organisation or solicitation have the right to action on the bond for recovery of money or damage. Bonding periods shall remain in effect for a period of thirty (30) days following the expiration of the solicitation permit. I Section 2g. Penalties. Any person violating any provision of this ordinances In addition to the revocation of the solicitation permit, is guilty of a misdemeanor and upon conviction thereof, shall be punish- able by a fine not to exceed the sum of $500 or imprisonment for a period of time not to exceed six (6) months, or by both fine and imprison- ment. Each person is guilty of a separate offense for each day during any portion of which any violation of any provision of this Ordinance is comitted. Section 29. Severabilit . If any provision of this Ordinance, or the application t ereo , to any person or circumstances if found to be invalid, the remainder of this Ordinance and the application of such provisions to other persons or circumstances shall not be affected. The City Clerk of the City of Palm Desert, California is bereby directed to cause this Ordinance to be published once within fifteen (15) days of adoption in the Palm Desert Post, a newspaper published and circulated within the City of Palm Desert, California. PASSED, APPROVED AND ADOPTED, this ZBth day of February , 1976, by the following vote: AYES: ASM, BENSON, BRUSH, MCPHERSON R CLARK MOES: None ABSEMt None ATIMi City of ?als Desert. California •10-