Ordinance - 1652ORDINANCE NO. 1652
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE
BY REPEALING ARTICLES VIII AND IX OF THE WEST COVINA
MUNICIPAL CODE, CONSISTING OF SECTIONS 14-178 THROUGH
14-280, INCLUSIVE AND ADDING ARTICLE VIII CONSISTING
OF SECTIONS 14-178 THROUGH 14-186, INCLUSIVE,
RELATING TO RELIGIOUS, CHARITABLE AND OTHER NON-
COMMERCIAL SOLICITATIONS.
THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES ORDAIN AS FOLLOWS:
SECTION 1. The West Covina Municipal Code is hereby amended by
repealing Articles VIII and IX of the West Covina Municipal Code, consisting of
Sections 14-178 through 14-290 inclusive. -
SECTION 2. The West Covina Municipal Code is hereby amended by
adding Article VIII, consisting of Sections 14-178 through 14-186, inclusive;
to read as follows:
"ARTICLE VIII: NONCOMMERCIAL SOLICITATION
Section 14-178. Definitions.
(A) "Noncommercial purpose" means the purpose of any nonprofit
organization which has obtained recognized state or federal tax
exempt status.
(B) "License Collector" means the person exercising that function
or any City employee designated by the License Collector to
perform such functions hereunder.
(C) "Contribution" means the giving of anything of value, including
• money, property or any other type of financial assistance, or
the pledging of anything of value, including money, property or
any other type of financial assistance, or the purchasing or
offering to purchase anything of value or not, including, but
not limited to goods, services, books, pamphlets, tickets,
subscriptions to publications, upon the implied or express
representation that the proceeds, or a portion thereof, of the
gift, pledge, or purchase will be used for a noncommercial purpose.
(D) "Permit Holder" means the person on whose behalf the solicitation
will be conducted.
(E) "Applicant" means the person applying to the License
Collector for a solicitation permit on behalf of the permit holder.
(F) "Person" means any individual, partnership, corporation or
association, including any firm, company, society, organization,
church, congregation, assembly, or league, and shall include any
director, officer, trustee, receiver, assignee, agent, or other
similar representative thereof.
(G) "Organization" means any partnership, corporation, or
association, including any firm, company, society, church,
congregation, assembly, or league, and shall include any director,
officer, trustee, receiver, assignee, agent, or other similar
representative thereof.
• (H) "Solicit" and "Solicitation" means the request, directly
or indirectly, for any contribution, when the request is made
from door-to-door of residential dwellings, in any place of
public accommodation, in any place of business open to the
public, on any public street or sidewalk, or in any place or
building. A "solicitation" shall be complete when the request
is made, whether or not the person making the request receives
any contribution.
(I) "Solicitor" means an individual who solicits or who engages
in a solicitation as defined in this section.
Section 14-179. Permit Required for Noncommercial Solicitation.
(A) No Person shall, within the City, conduct or knowingly allow
to be conducted on such person's behalf the solicitation of
contributions for any noncommercial purpose, unless the person
• holds a valid permit issued pursuant to the provisions of this
article and the solicitation is conducted in accordance with all
of the provisions of this article.
(B) No individual shall, within the City, solicit or engage in
the solicitation of contributions for any noncommercial purpose,
unless the person on whose behalf the solicitation is being
made holds a valid permit issued pursuant to the provisions of
this article and the solicitation is made in accordance with all
of the provisions of this article.
(C) Nothing set forth in this article shall be construed as granting
to the License Collector or the City Council any discretion to
grant, deny, suspend, revoke or renew any permit by reason of
disapproval or agreement with the philosophy, opinion or belief of
the permit holder.
Section 14-180. Exemptions.
The following are exempted from the operation of this article:
(1) Solicitation by any organization from its members;
(2) Solicitation by a person when such solicitation occurs on
premises owned or controlled by the solicitor or with the
permission of the person who owns or controls the premises.
• (3) Solicitation which is subject to disclosure under state or
federal political disclosure laws.
(4) The issuance of any announcement or advertisement that such
solicitation as described in subsections (1), (2) or (3)
above will occur or which announces or advertises an event
at which unannounced solicitation as described in subsections
(1), (2) or (3) above occurs.
Section 14-181. Application for Permit.
(A) Application for noncommercial solicitation permits shall be
made to the License Collector upon forms prescribed by the City.
The application shall be declared to under penalty of perjury
and filed with the License Collector. The application shall be
accompanied by an application fee, in an amount to be set by
resolution of the City Council. The application fee will not
be refunded if a permit is not issued.
(B) Such application shall contain the following information and
documentation:
(1) The full name, mailing address, principal business or residential
address and telephone number, date of birth, and physical
• description of the applicant and the nature of the relationship
between.the applicant and the permit holder, including whether
the applicant is a volunteer, a paid officer or employee, an
independent contributor, or an agent of the permit holder;
(2) Documentation from the United States Internal Revenue Service
or from the California Franchise Tax Board that the permit
holder is tax exempt under federal or state income tax laws;
(3) A statement that the applicant has received and read a copy of
this article.
(4) If the permit holder is:
(a) An individual, the full name, mailing address, and
principal business or residential address and telephone
number.
(b) A partnership, the full name, mailing address, and
principal business or residential address and telephone
number of each partner. However, if there are more
• than ten (10) partners, only the ten (10) principal
partners need be listed.
(c) A corporation, whether it is organized under the laws
of California or is a foreign corporation, and, if a
foreign corporation, the place of incorporation, the
full name, mailing address, and principal business
address and telephone number of the individual in charge
of the local office of the corporation and of all officers,
directors and trustees, of the corporation. However,
if there are more than ten (10) officers, directors and
trustees, only the ten (10) principals among the officers,
directors and trustees of the corporation need be listed.
(d) An association, the mailing address and principal business
address and telephone number of the association and the
full name, mailing address, and principal business or
residential address and telephone number of each member
of the association. However, if there are more than
ten (10) members of the association, only the ten (10)
principal members of the association need be listed.
If the association is part of a multi -state association,
the mailing address and business address and telephone
number of its central office shall also be given.
(5)
If the permit holder intends to use a paid solicitor to solicit
•
contributions on behalf of the permit holder, the information
required by subsection (4) (b) above shall also be applicable
to the paid solicitor;
(6)
The full name, mailing address, and principal business or
residential address and telephone number, of each individual
who will be in charge of supervising the solicitation;
(7)
The full name, mailing address, and principal business or
residential address and telephone number, of each individual
who will be in direct charge or control of the contributions
solicited and of their disbursement.
(8)
The exact purpose of the solicitation and the exact geographic
area in which the solicitation will be conducted;
(9)
The total monetary value of contributions projected to be
raised by the solicitation, and the estimated percentage of
the total monetary value of the projected contributions that
will be used for the noncommercial purpose;
(10)
The total monetary value of contributions raised by solicitation
during the preceding year, and the percentage of the total
monetary value of the contributions solicited that were used
for the noncommercial purpose;
•
(11)
A description of the records which will be kept of the contributions
received and the revenues and expenses of the permit holder,
including administrative and fund raising costs, and whether
such records will be open to the public, and if so, the address
and telephone number of the place where they may be inspected;
(12) The time during the day when the solicitation will be made,
and the dates for the commencement and termination of the
solicitation;
(13) A short outline of the method or methods to be used in
conducting the solicitation, including the number of
solicitors;
(14) A statement that none of the solicitors have been convicted
• of any of the crimes specified in Section 14-184 (D');
(15) A statement that the permit holder assumes responsibility
that all solicitors comply with all the requirements of
Section 14-184;
(16) A statement 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; officer or employee thereof;
(17) The address of the applicant and of the permit holder where
the License Collector can send notices required by this arti:cle.
(C) 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 on the application,
the applicant shall notify the License Collector in writing thereof
within 24 hours after such. ch'ange:.... .
Section 14-182. Issuance of Permits.
(A) The License Collector shall issue the permit to the applicant
within ten (10) days after the date the application is filed,
unless he finds that:
• (1) The applicant has not provided the information required
by Section 14-181 and has failed to provide an amended
application with the missing information after being
requested to do so; or
(2) The applicant indicates on the application that the proposed
solicitation will violate any provision of Section 14-184
and has failed to amend the application to indicate compliance
with said sections after being requested to do so; or
(3) The applicant failed to file the sworn financial statement
required under Section 14-184 (C) after the expiration
of the applicant's previous solicitation permit.
(B) The License Collector shall have the duty to make the requests
specified in subsection (A) above and shall do so by serving written
notice upon the applicant within the time period for issuance of the
permit. Every such request. shall state the time period within which
th'e application may be amended, and shall be served by personal
service or by deposit in the United States postal service, certified
mail, return receipt requested.
(C) If the License Collector requests an amended application pursuant
tc!'this section, he shall not act on the permit application for ten
(10) days after the date the request is personally served or deposited
in the United States mail. If the applicant fully complies with the
request on or before the tenth day, the License Collector shall
issue the permit within five (5) days after the amended application
is filed.
(D) If the permit is denied, the License Collector shall have the
duty to so notify the applicant and shall serve the notice within
the time period specified in subsection (C) for issuance of the
permit. Every such notice of denial shall be in writing,
shall state the grounds therefor, and shall be
served by personal service or by deposit in the United States
Postal Service, certified mail, return receipt requested.
(E) Any permit holder aggrieved by any action of the License
Collector to request an amended application or to deny a permit
-may appeal to the City Council by filing a written notice of
appeal with the City Clerk. Such appeal shall state with
specificity the reasons therefor and shall be filed within
• ten (10) days after the date the notice of denial is personally
served or deposited in the United States mail. The Council
shall hear the appeal in accordance with the provisions of
Section 14-186 (D).
(F) The filing of an appeal with the City Council shall not
stay the action of the License Collector. If the applicant
does not file a timely notice of appeal, as required by sub-
section (E) above, the permit holder shall have waived all
rights to administrative or judicial remedy.
Section 14-183. Form and Duration of Permit.
(A) The Permit, if issued, shall include the following information:
(1) The name of the permit holder;
(2) The dates the permit begins and expires;
(3) The noncommercial purpose of the solicitation, as
stated on the application;
(4) The total monetary value of contributions projected
to be raised by the solicitation;
is(5) The percentage of the contributions projected to be
raised that will be used for the noncommercial purpose;
(6) The percentage of the contributions raised by solicitation
in the preceding year that were used for the noncommercial
purpose;
(7) A statement that the permit does not constitute an
endorsement by the city, or any of its departments,
officers, or employees of the purpose of the solicitation;
(8) A permit number; and
(9) A space for the individual solicitor to type or print
his or her name on a certified copy of the permit.
(B) The permit shall be valid for the time stated in the permit
application, unless sooner revoked, or suspended pursuant to the
provisions of this chapter, but in no case shall the time exceed the
following June 30th.
(C) Certified copies of the permit shall be issued to the applicant
in a number equal to the number of solicitors that are listed on
the application.
Section 14-184. Manner of Solicitation.
• (A) Solicitations pursuant to permits under this article shall:
(1) Take place only between the hours of 9:00 a.m. and 8:00 p.m.;
(2) Not be made by any person under the age of sixteen (16)
years, unless accompanied by an adult and in compliance with
all laws of the State of California; and
(3) Not be made at any house, apartment, or other dwelling
nor at any business to which is affixed a sign indicating
"No solicitors" or similar indication that no solicitation
contact is desired by the occupant.
(B) The solicitor shall:
(1) Show a certified copy of the permit, bearing the name
• of that individual, to the person from whom a contri-
bution is sought prior to the time of the solicitation.
Before beginning to solicit contributions, the solicitor
shall print or type his or her name in the blank provided
for it.
(2) Upon receipt of a contribution valued in excess of five
dollars ($5.00), give the contributor a written receipt
signed by the solicitor showing plainly the name of the
permit holder and the solicitor, the permit number, the
date, the amount received and the amount of the contribution
which is tax-deductible. This subsection 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 contribution.
(3) Not affix any object to the person or property of any
contributor or member of the public without first receiving
express permission therefor;
(4.) Not persistently or importunately request any contribution
from any person after such person,expresses his or her
desire not to make a contribution; or
(5) Not intentionally or deliberately obstruct the free
movement of any person on any street, sidewalk, or
• other public place or any place open to the public
generally.
(C) The permit holder shall file with the License Collector,
within thirty (30) days after the expiration of solicitation permit,
a sworn financial statement showing the total monetary value of
the contributions raised by the solicitation, and the percentage
of the total monetary value of the contributions solicited that
were used for the noncommercial purpose.
(D) No individual shall solicit any contribution if that person
has been convicted in any court of competent jurisdiction of
any of the following crimes, as defined in the California Penal
Code: murder, mayhem, kidnapping, robbery, assault, battery,
rape, arson, burglary, possession of burglarous instruments or
deadly weapons or attempt to commit any of the aforementioned
crimes.
Section 14-185. Nontransferability of Permits.
No permit issued under this article shall be transferred or assigned,
and any attempt at assignment or transfer shall render the permit void.
Section 14-186. Revocation of Permits.
• (A) Whenever it shall be shown that any permit holder has violated
any of the provisions of this article, the License Collector may
suspend or in accordance with Subsection (B) of this Section revoke,
the permit by serving written notice on the permit holder not less
than two (2) business days prior to the suspension or revocation.
The notice shall be served by personal service or by deposit in the
United States Postal Service, certified mail, return receipt requested,
at the address specified in the permit application or any amendment
thereto. The notice shall state with specificity the reasons for
the suspension or revocation, how it can be cured or appealed and in
the case of suspension that the permit will be revoked unless, within
ten (10) days after the notice of suspension is personally served
or deposited in the United States mail, the violation is either
cured or appealed. It shall be the responsibility of the permit
holder to provide evidence to the satisfaction of the License
Collector that the violation has been cured; otherwise, a permit
that'has been suspended shall be deemed revoked without further
notice.
(B) If the violation concerns the manner of solicitation as set
• forth in Section 14-184, subsections (A), (B), and/or (C) the
License Collector shall first suspend the permit, which suspension
and proposed revocation shall be lifted if the permit holder
discharges the offending solicitors. If the violation involves
the disclosure of information as set forth in Section 14-181, the
License Collector shall first suspend the permit, which suspension
and proposed revocation shall be lifted if the permit holder amends
the application. If the violation concerns the manner of solicitation
as set forth in Section 14-184, subsection (D), the License Collector
shall immediately revoke the permit.
(C) Any permit holder aggrieved by any action of the License
Collector to suspend or revoke a permit may appeal to the City
Council by filing a written notice of appeal with the City Clerk.
Such appeal shall state with specificity the reasons therefor
and shall be filed within ten (10) days after the notice of
suspension or revocation is personally served or deposited in
the United States mail.
(D) The appeal shall be heard at the next regularly scheduled
Council meeting held at least five (5) days after the appeal
is filed. At the time of the hearing, the City Council shall
hear all relevant evidence and shall determine the merits of
the appeal and it shall render a decision thereon within three
(3) business days after the hearing. Said decision shall be in
• writing, shall state with specificity the reasons therefor, and
shall be served upon the applicant within two (2) business days
thereafter by personal service or by deposit in the United States
Postal Service, certified mail, return receipt requested.
(E) The filing of an appeal with the City Council shall not stay
the action of the License Collector. If the permit holder does
not file a timely appeal, as required by subsection (C) above,
the permit holder shall have waived all rights to administrative
or judicial remedy.
(F) In the case of a permit which has been revoked, neither the
applicant nor the organization shall be granted a permit to solicit
for a period of one year from the date of revocation."
SECTION 3. If any provision, section, subsection sentence, clause
or phrase of this ordinance, or the application of same to any person or set of
circumstances is for any reason held to be unconstitutional, void or invalid, the
validity of the remaining portions of this ordinance or their application to other
persons or sets of circumstances shall not be affected thereby, it being the intent
of the City Council in adopting this ordinance that no portion thereof or provision,
or regulation contained herein, shall become inoperative or fail by reason of any
unconstitutionality of any other portion hereof and all provisions of this ordinance
are declared to be severable for that purpose. .
SECTION 4. The Mayor shall sign and the City Clerk shall certify
. .to the adoption of this ordinance and shall cause the same to be published in the
manner required by law.
APPROVED AND ADOPTED this 13th day of November , 1984.
i
ATTEST:
CITY CLERK
•STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF WEST COVINA )
I, HELENE M. MOONEY, City Clerk of the City of West Covina, do
hereby certify that the foregoing Ordinance No. 1652 was regularly introduced
and placed upon its first reading at a regular meeting of the City Council on
the 22nd day of October , 1984. That thereafter, said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the 13th
day of November , 1984, by the following vote, to wit:
AYES: Manners, Tennant, Bacon
NOES: None
ABSENT: Chappell, Shearer
ABSTAIN: None
CITY C ERK
APPROVED AS TO FORM:
CITY ATR Y
•
• CBRT,I F I C AT I ON
i
state of California )
County.'of Los Angeles ) ss.
City of West Covina )
I, jANET BERRY, Deputy City Clerk of the City of
West Covina., State of California, do hereby certify
that a true and accurate copy of Ordinance No. I1n5o2-
was published, pursuant,to law, in the West Covina.
Tribune, a newspaper Qf general circulation published
and circulated in the City of West Covina.
Janet Berry, Deputy City Clerk
City of West Covina, California
Dated