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HomeMy WebLinkAboutOrdinance No. 2076 ORDINANCE NO. 2076 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING CHAPTER 5.21 CONSISTING OF SECTIONS 5 .21.010, 5. 21.020 , 5. 21.030 , 5 .21.040 , 5. 21.050 , 5. 21.060 , 5. 21.070 , 5.21.080 , 5. 21.090 , 5 . 21.100 , 5.21.110 , 5. 21.120, 5.21. 130, 5.21. 140, 5. 21.150, 5. 21.160, 5 .21.170, 5.21. 180 , 5.21.190 , 5.21.200, and 5. 21.210 AND AMENDING SECTIONS 5.08. 070 (b) (2) , 5. 20.070 and 5 .20 .075 OF THE AZUSA MUNICIPAL CODE RELATING TO RELIGIOUS SOLICITATION. The City Council of the City of Azusa does ordain as follows : SECTION 1. Chapter 5 .21 consisting of Sections 5.21. 010 , 5. 21.020, 5 .21. 030 , 5. 21 .040 , 5 . 21.050 , 5. 21 .060 , 5. 21. 070 , 5.21.080 , 5. 21.090 , 5 .21.100 , 5.21.110 , 5 . 21.120, 5.21. 130, 5 .21. 140, 5. 21. 150 , 5 .21.160, 5 .21.170, 5 . 21.180 , 5.21.190 , 5 .21. 200 , and 5.21.210 of the Azusa Municipal Code is added to read as follows: Chapter 5 . 21 Religious Solicitation "SECTION 5 .21.010 . Definitions. (a) 'Solicit' and ' solicitation' mean the request, directly or indirectly, of money, credit, property, financial assistance or other things of value on the plea or representation that such money, credit, property, financial assistance or other thing of value will be used for a religious purpose as those purposes are defined in this section, conducted door to door, in any place of public accommodation, in any place of business open to the public generally, on the City streets and sidewalks, in the public parks , on the public beaches or in any public places. These words also mean and include the following methods of securing such money, credit, property, financial assistance or other thing of value, when conducted in the manner stated above: " (1) Any oral or written request; " (2) The local distribution, circulation, posting or publishing of any handbill, written advertisement or other local publication; " (3) The sale of any goods or services. " (b) 'Solicitation' as defined herein shall be deemed to have taken place when the request is made, whether or not the person making the request receives any contribution referred to in this section; " (c) 'Religious ' or 'religion' shall have the meaning established by the Supreme Court of California or the Supreme Court of the United States . It shall not mean and include the word 'charitable' . " (d) 'Person' means any individual, firm, partnership, corporation, company, association, society, organization, church, congregation, assembly or league, and includes any trustee, receiver, assignee, agent or other similar representative thereof; " (e) 'Contributions ' means and includes the words alms, food, clothing, money, property, subscription or pledge, and also donations under the guise of loans of money or property; " (f) 'City Clerk' shall mean and include the person exercising that function or any City em- ployee designated by the City Clerk to perform such functions hereunder. "SECTION 5. 21.020. Permit Required for Religious Solicitation. No person shall, directly or indirectly, solicit nor authorize any other person to solicit contributions for any religious purposes within the City without a permit therefor as provided in this Ordinance. "SECTION 5. 21.030 . Exemption. The provisions of this Ordinance shall not apply to any person where religious solicitations are conducted among the members thereof by other members, whether at regular assemblies or services or otherwise. "SECTION 5. 21.040 . Filing Application for Permit. An application for a religious solicitation permit shall be made to the City Clerk upon forms prescribed by him. The application shall be sworn to or affirmed and filed with the City Clerk not less than ten (10) days prior to the time at which the permit applied for shall become effective; provided, however the City Clerk may for a good cause shown allow such filing less than ten (10) days prior to the effective date the permit applied for. "SECTION 5. 21.050. Information Required in Application. The application shall contain the following information: " (1) Name, residence address and principal office of the person applying for the permit. " (2) If the applicant is not an individual, the names arid addresses of the applicant' s principal officers and 'executives . -2- " (3) A statement that the purpose for which the solicitation is made is exclusively for and in connection with the exercise of religion. " (4) The total amount of funds proposed to be raised by solicitation. " (5) The name and residence address of the person or persons who will be in charge of conducting the solicitation and the names of all of fund raisers connected to or to be connected with the proposed solicitation. " (6) A short outline of the method or methods to be used in conducting the solicitation. " (7) The time when such solicitations will be made, giving the preferred dates and hours of the day for the commencement and termination of solicitation. " (8) A statement to the effect that if a permit is granted it will not be used or represented in any way as an endorsement by the City or any department or officer thereof. If while the application is pending or during the term of any permit granted there is a change in fact, policy or method that would alter the information to be given in the application the applicant shall notify the City Clerk in writing thereof within twenty-four (24) hours after such change. "SECTION 5. 21. 060 . Investigation. The City Clerk shall investigate all applications to the extent he deems necessary for him to perform his duties hereunder. Upon request by the City Clerk applicant shall make available for inspection all of applicant's financial books, records, and papers at any reasonable time before the application is granted or during the time the permit is in effect, which books, records and papers will be inspected solely for the deter- mination of the factual accuracy of the information contained in the application. Failure to make any such information available within ten (10) days at the City Clerk ' s request to inspect same shall automatically result in revocation of an existing permit, or may be the basis for denial of an application. "SECTION 5 .21.070 . Limitations on Solicitation. Solicitations pursuant to permit hereunder: " (a) Shall take place only between the hours of 9 : 00 a.m. and 5:00 p.m. " (b) Shall not be conducted by any person under the age of sixteen (16) years . " (c) Shall not be made at any house, apartment or other dwelling to which is affixed a sign indicating "No Solicitors , " "No Trespassing" or similar indica- tion that no solicitation contact is desired by the occupant thereof. -3- "SECTION 5 . 21.080 . Issuance of Permit. The City Clerk must issue the permit unless any of the following have been demonstrated: " (a) Any statement made in the application is factually incorrect. " (b) That the proposed solicitation will violate any of the requirements of Section 5 . 21.070 above. " (c) That applicant has not provided the information required by this Ordinance. "SECTION 5. 21.090. Time of Issuance. The City Clerk shall either grant or deny the requested permit within ten (10) days of the date the application is made . In the event the City Clerk fails to act within the time prescribed, the permit shall be deemed granted. "SECTION 5 .21.100 . Renewal of Permit. On the expiration of any permit, and if requested in writing to do so, the City Clerk must renew the permit within ten (10) days of such request, if the factual information upon from which the original application was granted remains un- changed and no violations have been committed. Upon such request for renewal applicant must state that no change has occurred since issuance of the original permit. "SECTION 5. 21.110 . Form of Permit. Permits issued under this Ordinance shall bear the name and address of the person to whom it is issued, the number of the permit, the date issued, the dates within which the permit holder may solicit and the statement that the permit does not constitute an endorsement by the City or any of its departments, officers or employees of the purpose of or for the person conducting the solicitation. "SECTION 5 .21.120. Term of Permits. Permits issued hereunder shall be valid for a period of thirty (30) days unless renewed, revoked or suspended pursuant to the provisions hereof. "SECTION 5 .21.130 . Non-transferability of Permits . No permit issued hereunder shall be transferred or assigned and any such attempt of assignment or transfer shall be void. "SECTION 5 . 21. 140. Credentials of Solicitors . All persons to whom permits have been issued hereunder shall furnish proper credentials to their agents and solicitors for such solicitation. The credential shall include the name of the permit holder, the date, a statement of the religious purpose of the solicitation, signature of the permit holder or its executive officer and the name and the signature of the solicitor to whom such credentials are issued and the specific -4- � L period of time during which the solicitor is authorized to solicit on behalf of the permit holder. No person shall solicit under any permit granted under this Ordinance without the credentials required hereunder. "SECTION 5. 21. 150. Denial of Permit. In the event the City Clerk denies a permit to any applicant the City Clerk shall give the applicant a written notice, stating with specificity the reasons for such denial. "SECTION 5. 21.160. Revocation. Whenever it shall be shown that any person to whom a permit has been issued has violated any of the provisions of this Ordinance the City Clerk shall suspend the permit after giving written notice to the permit holder of not less than two (2) business days in person or by registered special delivery of the proposed revocation, stating with specificity the reason for such proposed revocation. "SECTION 5 .21.170. Appeal to City Council. Any applicant or permit holder aggrieved by any action of the City Clerk to deny, revoke or refusal to renew a permit, may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the action of the City Clerk. Such appeal shall be filed within ten (10) days after the disputed action of the City Clerk and the City Council shall hear the appeal at its next regular meeting, not more than fifteen (15) days after filing thereof. At the time of the appeal hearing the City Council shall hear all relevant evidence and shall determine the merits of the appeal and render a decision thereon within three (3) business days of the hearing. "In the event the City Council affirms the decision of the City Clerk, the appellant shall be given written notice thereof within two (2) days thereafter stating with specificity the reasons for the decision. The action of the City Council shall be final and appealable to the Superior Court of the State of California pursuant to Code of Civil Procedure Section 1094 . 5. "SECTION 5. 21. 180 . Receipts . Any person receiving money or anything of value in excess of five dollars ($5.00) from any contributor by means of solicitation made pursuant to a permit shall give each contributor a written receipt signed by the solicitor showing plainly the name and the permit number of the person under whose permit the solicitation is conducted, the date, and the amount received; provided, however this Section shall not apply to any contribution collected by means of a closed box or receptacle where it is impractical to determine the amount of such contributions. -5- "SECTION 5 . 21. 190. Manner of Solicitation. No person to whom a permit has been issued nor any agents or solicitors of such person: " (a) shall affix any object to the person of any contributor or member of the public without first receiving express permission therefor; " (b) shall persistently and importunately request any donation from any member of the public after such member of the public expresses his desire not to make a donation; and " (c) shall intentionally and deliberately obstruct the free movement of any person on any street, side- walk or other public place or any place open to the public generally. "SECTION 5. 21. 200. Authority of City Clerk. Nothing hereunder shall be construed as granting to the City Clerk or any other person the authority to grant, deny, revoke, renew or suspend any permit by reason of disapproval or agreement with the philosophy, opinion or belief that the applicant, permit holder, or person soliciting therefor, or for any other reason not specifically provided for herein. "SECTION 5. 21. 210 . Penalties . Any person, as herein- before defined or any agent, servant, employee, or officer thereof violating any of the provisions of this chapter, or who aids or abets in the procuring of a violation of any provision, part or portion of this Ordinance, or who files or causes to be filed an application for a permit containing false or fraudulent statements of fact, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred dollars for each offense, or undergo imprisonment for not more than six months, or both. Each violation shall be deemed a separate offense, and shall be punishable as such. " SECTION 2. Severability. It is the intention of the City Council that each separate provision of this Ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the City Council that if any provision of this Ordinance is declared invalid, the other provisions thereof shall remain valid and enforceable. SECTION 3. Section 5 .08 .070 (b) (2) is hereby amended to read as follows: -6-- Section 5. 08.070 (b) (2) "The provisions of this title shall not require a license fee to be paid by any person for engaging in commerce with foreign nations or among the several States or with the Indian tribes . "The provisions of this title shall not require a license fee to be paid by any clergyman or church or religious , fraternal, charitable, benevolent or nonprofit corporation for activities carried on by him or it for religious , charitable or benevolent purposes, provided, however, that nothing in this section shall exempt any such person from complying with the provisions of Sections 5 .20 . 070 and Chapter 5 .21 requiring such person to obtain a permit (but without paying a license fee) from the City Council or officer, to carry on any such religious, charitable or benevolent activity; " SECTION 4. Section 5. 20. 070 is hereby amended to read as follows : "5. 20 .070 . CHARITABLE SOLICITATIONS -- PERMIT. Except as otherwise granted by the City Council, or provided by Chapter 5. 21 of this Code no fee- exempt permit shall be issued to any charitable, philanthropic, benevolent organization or non- profit corporation to solicit contributions of cash or property or to engage in the sale of merchandise within the City unless the following information is filed annually in the office of the City Clerk: " SECTION 5. Section 5.20.075 is hereby amended to read as follows : "5. 20 . 075 . CHARITABLE SOLICITATIONS PERMIT -- DURATION. Except as may be otherwise specifically authorized by the City Council or by Chapter 5 . 21 of this Code, no fee-exempt permit shall be issued to any philanthropic or benevolent association or nonprofit corporation to solicit contributions of cash or property or to engage in the sale of merchandise within the City for a period of more than thirty calendar days during any fiscal year. " SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner required by law. APPROVED and ADOPTED this 7th day of May , 1979 . / - ,/,i / �, MAYOR -7- ime STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS . CITY OF AZUSA I, ADOLPH A. SOLIS, City Clerk of the City of Azusa, do hereby certify that the above Ordinance No. 2076 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 16 day of April , 1979 , and that there- after, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 7th day of May , 1979 , by the following vote to wit: AYES: Councilmen: Decker, Fry, Cruz, Moses, Solem NOES: Councilmen: None ABSENT: Councilmen: None zy / CITY CLERK Publish Azusa Herald May 17, 1979 -8-