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HomeMy WebLinkAboutOrd 1981-1940 · Revised 4/8/81 ORDINANCE NO. 1940 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.20 OF THE CHULA VISTA MUNICIPAL CODE, AMENDING SECTIONS 9.20.020, 9.20.030, 9.20.060, 9.20.070, 9.20.100, 9.20.120, 9.20.150, AND 9.20.160 AND REPEALING SECTIONS 9.20.050, 9.20.080, 9.20.090, 9.20.130, 9.20.200, 9.20.210, 9.20.220 AND 9.20.230, ALL RELATING TO THE REGULATION OF CHARITABLE SOLICI TATIONS The City Council of the City of Chula Vista does ordain as follows: SECTION I: That Sections 9.20.020, 9.20.030, 9.20.060, 9.20.070, 9.20.100, 9.20.120, 9.20.150 and 9.20.160 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 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. "Established" means that the charitable or religious activities of such person or organization have been carried on in the city for not less than twelve months continuously; D. "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; E. "Promoter" means any person who promotes, manages, supervises, organizes or attempts to promote, manage, supervise or organize a campaign of solicitation; F. "Religious" and "religion" are not included within the meaning of the word "charitable" as herein defined, but shall be given their ordinary definition; G. "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 chief of police authorizing such solici- tation and an identification card as provided herein. Provided that the provisions of this section shall not apply to any established person organized and operated exclusively for religious and charitable purposes and not operated for the pecuniary gain 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 contributions, of if the solici- tations are in the form of collections or contributions at the regular assemblies or services of any such established person. Sec. 9.20.060 Identification card to be carried -Contents-Term. Such established persons, their agents, employees and all persons acting on behalf of or under their control shall at all times when soliciting carry an identifi- cation card issued by the chief of police and bearing the date of issue thereon. Such identification card shall be effective not longer than one year from date of issue. Such identification card shall clearly state on the face thereof that the issuance of such an identification card in no way constitutes endorsement or approval by the City of Chula Vista of the solicitation being conducted. Sec. 9.20.070 Permit-Application required- Contents. An application for a permit to solicit as provided in Section 9.20.030 shall be made to the chief of police. Such an application shall be verified before a notary public and filed with the chief of police at least two days prior to the time at which the permit applied for shall become effective. The application herein required shall contain the following information, or in lieu thereof, a detailed statement of the reason or reasons why such information cannot be furnished: A. The name, address or headquarters of the persons applying for 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, authorizing such solicitations, certified to as a true and correct copy of the original by the officer having charge of the applicant's records; C. The purpose for which such solicitation is to be made; D. A specific statement, supported by reasons and, if available, figures, showing the need for the contribution to be solicited; E. The names and addresses 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 promoters connected with the proposed solicitations; G. An outline of the method or methods to be used in conducting the solicitations; The time when such solicitation shall be made, giving the preferred dates for the beginning and ending of such solicitation; I. If any individual engaged in and about such solici- tations receives, or is to receive, directly or indirectly, any wages, fees, commissions, expenses or emoluments therefor, the following information shall be required: 1. The names and addresses of all such individuals, 2. The amount of such wages, fees, commissions, expenses, or emoluments. J. 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 by any department or officer thereof; K. A list of other cities or counties where similar permits have been applied for in the past two years, indicating whether such applications were granted or denied. If, while any application is pending, or during the term of any permit granted thereon, there is any change in fact, policy, or method which would alter the infor- mation given in the application, the applicant shall notify the chief of police in writing thereof within twenty-four hours after such change. Sec. 9.20.100 Permit-Time limit for granting- Notice of decision required. The decision of the chief of police, granting or denying a permit, shall be made within two days after the application therefor is filed. Notice of such decision shall be mailed forthwith to the applicant, and in the case of a denial, a statement of the reasons therefor. Sec. 9.20.120 Permit-Grounds for revocation. A permit once granted may be revoked upon any one of the follcwing grounds: A. That a statement made in the application is not true; or B. That the permittee has not operated in accordance with the provisions of his application; or C. That any promoter, agent or solicitor of the permittee has misrepresented the purpose of the solicitation; or D. That the permittee has violated any one of the provisions of this article or of this code. Sec. 9.20.150 Appeal from denial or revocation -Public Hearing-Notice. Any applicant or permittee dissatisfied with a decision of the chief of police under Section 9.20.140 may appeal such decision to the council. Such appeal shall be in writing, shall set forth in detail the facts relied upon to shc~ that the decision of the chief of police is erroneous, shall be verified before a notary public, and shall be filed with the city clerk within five days after the service of the notice of decision upon the applicant or permittee. The city clerk shall set the appeal for public hearing before the council, to be held within ten days after its filing, and shall serve a notice of such hearing upon the applicant or permittee filing the appeal. Sec. 9.20.160 Appeal from denial or revocation -Action by council to be final -Notice. After a public hearing, and such investigation as it may wish to make, the council shall take its action upon an appeal within twenty days after its filing, and it may reverse or affirm, wholly or partly, or modify the decision appealed from and, to that end, may make such order, requirement or decision as the chief of police could have made in the first instance. The action so takenby the council shall be final, and notice thereof shall be served forthwith upon the applicant or permittee filing the appeal. SECTION II: That Sections 9.20.050, 9.20.080, 9.20.090, 9.20.130, 9.20.200, 9.20.210, 9.20.220 and 9.20.230 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 and effect on the thirty-first day from and after its adoption. Presented and Approved as to form by George Di Lindberg, City Attorney FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE LITY OF CHULA VISTA· CALIFORNIA~ HELD April 7 19 81 AND FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD April 14 · 19 81 , BY THE FOLLOWING VOTE· TO-WIT: AYES: Councilmen: Hyde, Cox, McCandliss, Scott, Gillow NAYES: Councilmen: None ABSTAIN: Councilmen: None ABSENT: Councilmen: None Mayor of the Cify of Chulo Vista , City Cl~r~' ~ STATE 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 ORD I NANCE NO, 1940 ,ond that the some has not been amended or repealed. DATED (seal) City Clerk CC--GGO ORDINANCE 1940 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.20 OF THE CHULA VISTA MUNICIPAL CODE, AMENDING SECTIONS 9.20.020, 9.20.030, 9.20.060, 9.20.070, 9.20.100, 9.20.120, 9.20. 150, AND 9.20,160 AND REPEALING SECTIONS 9.20.050, 9.20.080, 9.20.090, 9.20.130, 9.20.200, 9.20.210, 9.20.220 AND 9.20.230, ALL RELATING TO THE REGULATION OF CHARITABLE SOLICITATIONS By a unanimous vote on April 14, 1981, the City Council placed the ordinance on second reading and adoption. The California Appellate Court has ruled that the standard ordinance adopted by most cities regulating charitable solicitations is unconstitutional on its face as an abridgment of First Amendment rights. For this reason, the City Council voted to repeal the major sections of the City's regulatory ordinance in this area and signifi- cantly amend those provisions which still have validity. Copies of the ordinance are available at the office of the City Clerk, City Hall, 276 Fourth Avenue, Chula Vista.