Ordinance - 1409ORDINANCE NO. 1409
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AMENDING
THE WEST COVINA MUNICIPAL CODE BY ADDING
A NEW CHAPTER 6 TO ARTICLE VI, AND AMENDING
SECTION 6226 OF THE WEST COVINA MUNICIPAL
CODE,RELATING TO RELIGIOUS SOLICITATION.
The City Council of the .City of West Covina does
ordain as follows:
SECTION 1. The West Covina Municipal Code is hereby
amended by the addition thereto of a new Chapter 6 to Article
VI, relating to religious solicitation to read as follows:
"CHAPTER 6 - RELIGIOUS SOLICITATION
6600. 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 fora 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-th'e 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:
'(-I) 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;
11A
(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
I word 'charitable'.
• (d) 'Person' means any individual, firm, partnership,
corporation, company, assocation, society, organization, church,
congregation, assembly or league, and
(e) 'Contributions' means and includes the words alms,
X, food, clothing, money, property, subscription or pledge, and
also donations under the guise of loans of money or property;
(f) 'City License Collector' shall mean and include
the person exercising that function or any City employee
designated by the City License Collector to perform such functions
hereunder.
6601. 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.
6602. 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 otherwile.
6603. FILING APPLICATION FOR PERMIT.
An application for a religious solicitation permit
shall be made to the City License Collector upon forms prescribed
• by.him. The application .shall be sworn to or affirmed and filed
with the City License Collector not less .than ten (10) days
prior to the time at which the permit applied for shall become
effective; provided, however the City License Collector may for
a good.cause shown allow such filing less than ten (10) days
prior to the effective date bf the permit applied for.
IWZ
6604. INFORMATION REQUIRED IN APPLICATION
The application shall contain the following
information:
(a) Name, address and principal office of the person
applying for the permit.
• (b) If the applicant is not an individual, the names
and addresses of the applicant's principal
officers and executives.
(c) A statement that the purpose for which the solici-
tation is made is exclusively for and in connection
with the exercise of religion.
(d) The total amount of funds proposed to be _raised
by solicitation,
(e) The name and address of the person or persons who
will be in charge of conducting the solicitation
' and the names of all fund_,raisers.connected .with
onto be connected.with.the proposed.1solkcitation.
(f ) A short outline of the method or methods to be
• used in conducting the solicitation.
(g) The time when such solicitations will be made,
giving the preferred dates and hours of the day
for the commencement and termination of solicitation.
(h) 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
• License Collector in writing thereof within twenty-
four (24) hours after such change.
6605. INVESTIGATION
The City License Collector shall investigate all
applications to the extent he deems necessary for him to perform
his duties hereunder. Upon request by the City License Collector,
-3-
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 determination of the factual accuracy of the
information contained in the application. Failure to make any
such information available within ten :(10) days of the City
License Collector's request to inspect same shall automatically
result in revocation of the permit.
6606. LIMITATIONS ON SOLICITATION.
Solicitation-.pur.suant._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'
or similar indication that no solicitation contact is desired
• by the occupant thereof.
6607. ISSUANCE OF PERMIT.
The City License Collector must issue the permit unless
any of the following have been demonstrated:
incorrect.
(a) Any statement made in the application is factually
(b) That the proposed solicitation will violate any
of the requirements of Section 6606 above.
(c) That applicant has not provided the information
required by this ordinance.
6608. TIME OF ISSUANCE.
• The City License Collector shall either grant or deny
the reqested permit within ten (10) days of the date the
application is made. In the event the City License Collector
fails to act within the time prescribed, the permit shall be deemed
granted.
SEAM
6609. RENEWAL OF PERMIT.
On the expiration of any permit, and if requested in
writing to do so, the City License Collector must renew the
permit within ten (10) days of such request,if the factual
information upon which the original application was granted
remains unchanged.andit.no violations have been committed. Upon
• such request for renewal applicant must state that no change has
occurred since issuance of the original.permit.
6610. 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.
6611..:� 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.,
6612. NON -TRANSFERABILITY. OF PERMITS.
No permit issued hereunder shall be transferred or
assigned and any such attempt of assignment or transfer shall be
void.
6613. 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
• 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.
- 5 -
r
LJ
6614. DENIAL OF PERMIT.
In the event the City License Collector denies a permit
to any applicant,the City License Collector shall give the
applicant a written notice, stating with specificity the reasons
for such denial.
6615. 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 License Collector 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.
6616. APPEAL TO CITY COUNCIL
Any applicant or permit holder aggrieved by any action
of the City License Collector to deny, revoke or refusal to
renew a permit, may appeal to the City Council by filing with
0 the City Clerk a statement addressed to the City Council setting
forth the facts and circumstances regarding the action of the
City License Collector. Such appeal shall be filed within ten
(10) days after the disputed action of the City License Collector
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 License Collector, 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.
6617. 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 6617 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.
6618. 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, sidewalk or
other public place or any place open to the public generally.
6619. AUTHORITY OF CITY LICENSE.COLLECTOR.
Nothing hereunder shall be construed as granting to
the City License Collector 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.
6620. PENALTIES.
Any person, as hereinbefore 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
-7-
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 misdeameanor 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.
6621. 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 all other provisions will remain in full force and
effect.
SECTION 2. Section 6226 of the West Covina Municipal
Code is hereby amended to read as follows:
""6226. CHARITABLE INSTITUTIONS.
• A license may be obtained without payment of the fee
required under the provisions of this Chapter by the following:
(a) Any institution or organization which is conducted,
managed, or carried on wholly for the benefit of charitable,
eleemosynary, or benevolent purposes, and from which no profit
is derived, either directly or indirectly, subject to compliance
with the other provisions of this Chapter.
(b). Any non-profit institution or organization, as
to a particular enterprise or entertainment or fund-raising
venture or solicitation, when
1. Such institution or organization is principally
located or composed in the majority of members
40 or associates residing or maintaining places of
business within the City, and more than one-half
of the benefits are set aside for a school or a
benevolent, charitable, or eleemosynary purpose, or
ME
PF
2. The entire benefits are.set aside for any of
such purposes wholly within the City;.provided,
however, that no.profit is derived therefrom by
any person, directly or.indirectly and that no
solicitation of funds shall be engaged in within
the City except in conformance,with the provisions
of any ordinance of the -City regulating such
activities."
SECTION 3. The City Clerk_shall..certify to the adoption
of this Ordinance and cause the same to be published in the manner
prescribed by law.
PASSED and APPROVED this 23rd-.day.of October , 1978.
Mayor
• ,ATTEST:
City ClefIC
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) Ss.
CITY OF WEST COVINA )
I, LELA W. PRESTON, City Clerk of the City of West Covina
do hereby certify that the foregoing Ordinance NO. 1409 was
regularly introduced and placed upon its first reading at a
regular meeting -of the City Council on the 9th day of
October ,
1978. That, thereafter, said ordinance was duly adopted and
passed at a regular meeting of the City Council on the 23rd day of
October , 1978, by the following vote, to wit:
AYES: Councilmen: Miller, Shearer, Browne, Chappell, Tice.
NOES: Councilmen: None
ABSENT: Councilmen: None
APPP� AS FORM: City Cler
_S
City Attorney
- 9 -