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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 -