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HomeMy WebLinkAboutOrd 1983-2018 ORDINANCE NO. 2018 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.20 OF THE CHULA VISTA MUNICIPAL CODE BY AMENDING SECTIONS 9.20.020 AND 9.20.030 AND REPEALING SECTIONS 9.20.040 AND 9.20.100 THEREOF RELATING TO CHARITABLE SOLICITATIONS The City Council of the City of Chula Vista does ordain as follows: SECTION I: That Sections 9.20.020 and 9.20.030 of Chapter 9.20 of the Chula Vista Municipal Code be, and the same are hereby amended to read as follows: Sec. 9.20.020 Definitions. For the purpose of this chapter, the following words and phrases when used herein shall have the meanings hereinafter respectively ascribed to them, unless a different meaning clearly appears from the context: A. "Charitable" means and includes the words "patriotic", "philanthropic", "social service", "welfare, "benevolent", "educational", "civic", or "fraternal"; B. "Contributions" means and includes the words "alms", "food", "clothing", "money", "subscriptions", "property", or donations given or solicited either directly or under the guise of a loan; C. "Person" means any individual, firm, copartnership, corporation, company, association, or joint stock organization, church, religious sect, religious denomination, society, organization or league, and includes any trustee, receiver, assignee, agent or other similar representative thereof; D. "Promoter" means any person who promotes, manages, supervises, organizes or attempts to promote, manage, supervise or organize a campaign of solicita- tion; E. "Religious" and "religion" are not included within the meaning of the word "charitable" as herein defined but shall be given their ordinary defini- tion; -1- F. "Solicit" and "solicitation" mean the direct or indirect request for money, pledges, credit, property, financial assistance or other thing of value, whether by way of donation or as considered for services of the sale of things, upon the plea that any portion thereof will be used for a charitable or religious purpose. Sec. 9.20.030 Permit Required - Exemptions. No person shall solicit contributions for any charitable or religious purpose within the city without a permit from the Director of Public Safety authorizing such solicitation and an identification card as provided in this chapter; provided, that the provisions of this section shall not apply to any charitable or religious organization not operated for the pecuniary gain of any person, if the solicitations by such organizations are conducted among the members thereof by other members or officers thereof voluntarily and without remuneration for making such solicitations, or contributions, or if the solicitations are in the form of collections or contributions at the regular assemblies or services of any such organization. SECTION II: That Sections 9.20.040 and 9.20.100 of Chapter 9.20 of the Chula Vista Municipal Code be, and the same are hereby repealed. SECTION III: This ordinance shall take effect and be in full force on the thirty-first day from and after its adoption. form by George D. Lindberg, City Attorney -2- c,I$ FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE TY OF CHULA VISTA· CALIFORNIA· HELD January 11 , 19 83 · AND FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD January 18 , 19 83 ~ BY THE FOLLOWING VOTE· TO-WIT: AYES: Councilmen: McCandliss, Scott, Cox, Moore NAYES: Counci|men: None ABSTAIN: Cotmcilmen: None ABSENT: Councilmen: Mal col m ~eCity of Chulo Vista ,,, ATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2018 ,and that the some has nor been amended or repealed. DATED (seal) City Clerk CC-660 ORDINANCE NO. 2018 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.20 OF THE CHULA VISTA MUNICIPAL CODE BY AMENDING SECTIONS 9.20.020 AND 9.20.030 AND REPEALING SECTIONS 9.20.040 AND 9.20.100 THEREOF RELATING TO CHARITABLE SOLICITATIONS By a unanimous vote of those present (Councilman Malcolm was absent), the City Council placed the ordinance on its second reading and adoption at the meeting of January 18, 1983. Chapter 9.20 of the Municipal Code which deals with charitable and religious solicitations sets up a distinction between "established" organizations and non-established organizations. "Established" organiza- tions are those which have operated in the City for over a one-year period. The Code authorizes the DireCtor of Public Safety to waive permit requirements for established organizations. This amendment repeals the provisions of the charitable solicitation ordinance which purports to "establish~" certain religious organizations and grants discretion to the Director of Public Safety to waive a permit for "established" religions, both of which are of dubious legality. Copies of the ordinance are available at the office of the City Clerk, City Hall, 276 Fourth Avenue, Chula Vista, CA. Dated: 1/19/83