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HomeMy WebLinkAboutOrd 1036-1988ORDINANCE NO. 1036-88 AN ORDINANCE REPEALING CHAPTER 6.40 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ADDING A NEW CHAPTER 6.40 ENTITLED "CHARITABLE SOLICITATIONS" THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 6.40 of the South San Francisco Municipal Code Repealed Chapter 6.40 of the South San Francisco Municipal Code (Ordinance No. 529) is hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or omitted in violation of said chapter prior to the effective date of this ordinance. SECTION 2. Chapter 6.40 of the South San Francisco Municipal Code Added A new Chapter 6.40 entitled "Charitable Solicitations" is hereby added to the South San Francisco Municipal Code to read: CHAPTER 6.40 CHARITABLE SOLICITATIONS Sections: 6.40.010 6.40.020 6.40.030 6.40.040 6.40.050 6.40.060 6.40.070 6.40.080 Definitions Permit Required - Exception Application for Permit Issuance of Permits Revocation of Permit Credentials Required Conduct of Solicitations Penalty for violation Section 6.40.010 Definitions For purposes of this chapter, the following definitions shall be applicable: (a) "Charitable" means and includes the words political, patriotic, philathropic, social service, welfare, benevolent, educational, religious, civic or fraternal. (b) "Contribution" means any food, clothing, money, subscriptions, property or donations given or solicited. (c) "Person" means any individual, corporation, partnership, association, union or other legal entity of any kind. (d) "Solicit" and "solicitation" means the direct or indirect request for contributions by calling upon places of residence or business in person or by telephone or by direct personal contact in public places or upon public property. Section 6.40.020 Permit Required - Exception (a) It is unlawful for any person to solicit contributions within the city for any charity or charitable purpose without first obtaining a permit as provided in this chapter. (b) No permit is required for solicitations by one member of an organization to another when the solicitation is conducted on behalf of that same organization. Section 6.40.030 Application for Permit (a) Any person desiring to solicit charitable contributions within the city shall file an application with the chief of police at least fifteen (15) days prior to the proposed effective date of the permit; provided, however, that the chief of police, for good cause shown, may permit the filing of an application less than fifteen (15) days prior to the proposed effective date of the permit. (b) The application shall contain the following information, or, in lieu thereof, a statement satisfactory to the chief of police of the reasons why such information cannot be furnished: (1) The name and address of the applicant and any organization on whose behalf the solicitation is conducted; (2) If the applicant is not an individual, the names and addresses of the applicants' principal officers and managers; (3) The names and addresses of the person or persons who will be in direct charge of conducting the solicitation; (4) The purposes for which the proceeds of the solicitation are to be used; (5) The method or methods by which the solicitation shall be made (i.e., door to door, telephone, etc.) as well as the location of the solicitation; (6) The period of time when the solicitation will be made, giving the preferred beginning and ending dates; -2- (7) A list of other counties or cities where similar permits have been applied for in the last two (2) years; (8) A statement indicating whether the applicant or any organization represented by the applicant has been granted tax-exempt status; and (9) A statement indicating whether any of the solicitors are salaried or commissioned and if so, the compensation to be paid. (c) If any of the information provided on the application changes either while the application is pending or during the effective period of the permit, the applicant shall notify the chief of police in writing within twenty-four (24) hours of the change. (d) Upon filing, the application shall become and remain a public record. Section 6.40.040 Issuance of Permits (a) Prior to the date on which solicitation is to begin, a permit shall be issued unless the chief of police makes one or more of the following findings: (1) That the applicant has not provided all information required by Section 6.40.030 in a truthful manner; or (2) That the applicant or any of the persons who shall conduct the solicitation have previously been convicted by a court of fraudulent activity, trespass or crimes of violence. (b) If the application is denied, the applicant shall be immediately notified in writing by the chief of police. Within five (5) days after receipt of the notice, the applicant may request a hearing before the city manager. The hearing shall be scheduled within five (5) days after receipt of the applicant's request. At the hearing the applicant may present evidence in support of the application to the manager or the manager's designee. Within five (5) days after the hearing, the manager shall issue a written decision either granting or denying the application. The manager's decision shall be final. (c) The permit shall be valid for a maximum of thirty (30) days and may be renewed once after review by the chief of police. Each renewal period shall be for a maximum of thirty (30) days. -3- Section 6.40.050 Revocation of Permit (a) The chief of police may immediately revoke any permit issued upon finding that any person to whom a permit was issued has violated any provisions of this chapter, engaged in fraudulent practices, has trespassed upon private property or is not conducting solicitations in accordance with the methods listed in the application. Written notice of revocation shall be immediately mailed to the applicant. (b) Should the applicant desire to appeal the revocation, the procedure used shall be the appeal procedure in Section 6.40.040(b). Section 6.40.060 Credentials Required Each person actively engaged in soliciting shall carry a copy of the permit issued by the chief of police. In addition, each solicitor shall carry a card or badge containing the name and address of the solicitor, a description of the purpose of the solicitation and the period of time during which the solicitation will be conducted. Section 6.64.070 Conduct of Solicitations (a) It is unlawful for any person to solicit at any time at any building where there is a posted sign stating "no solicitors", or words to that effect, unless the occupant has previously granted permission. (b) It is unlawful for any person to solicit between the hours of 8:00 p.m. and 9:00 a.m. (c) It is unlawful for any person to solicit in a congested area where the solicitation impedes the public. For the purpose of this section, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded. Section 6.40.080 Penalty for violation Any person violating any provision of this chapter shall be guilty of an infraction and upon conviction shall be subject to payment of a fine not to exceed the limits set forth in Section 36900 of the Government Code. -4- SECTION 3. SEVERABILITY In the event that any section or portion of this ordinance shall be determined invalid or unconstitutional, that section or portion shall be deemed severable and all other sections or portions of this ordinance shall remain in full force and effect. SECTION 4 PUBLICATION AND EFFECTIVE DATE Pursuant to the provisions of Government Code Section 36933, a Summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary and (2) post in the City Clerk's Office a certified copy of this ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's office a certified copy of the full text of this ordinance along with the names of those City Council members voting for and against this ordinance or otherwise. This ordinance shall become effective thirty (30) days from and after its adoption. -5- Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 13th day of July , 19 88 . Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco, held the 27th day of AYES: NOES: ABSTAIN: ABSENT: July , 19 88 , by the following vote: Councilmembers Mark N. Addiego, Richard A. Haffey, Gus Nicolopulos. and Roberta Cerri Teqlia None Nmnm Councilmember Jack Draqo City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 27th day of July , 19 88 '"' Mayor ~ -6-