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Home My Public Portal AboutOrdinance 78-471ORDINANCE NO. 78 -471 AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING A NEW CHAPTER 6A TO THE TEMPLE CITY CITY CODE RELATING TO RELIGIOUS SOLICITATIONS THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN: SECTION 1._ A new Section 4609 is hereby added to the Temple City Municipal Code, reading as follows: SECTION 4609. Religious Soli.citation. Each, every and all references in this Chapter 6 to religious solicitation are hereby repealed and are declared deleted from the provisions of this Chapter 6. Religious solicitation shall, from the date of the enactment of this ordinance, be governed and authorized by the provisions of Chapter 6A. SECTION 2, A new Chapter 6A is hereby added to the Temple City Municipal Code, reading as follows: CHAPTER 6A = RELIGIOUS SOLICITATIONS SECTION 4620. 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 for a 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 the public beaches or in any public place. 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: 1) 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 refe`r'red to in this section; (c) "Religious" or "religion" shall have the meaning established by the Supreme Court of California or =the - Supreme Court . of the United State's. It shall not mean and include the word "charitable ". (d) "Person" means any individual, : firm., partnership , corporation, company, association, society, organization,• church, congregation, assembly or league, and includes any trustee, receiver, assignee, agent or other similar 'representative'=thereof, (e) "Contributions means and includes• the words a ms,, food, clothing, money,, property, 'subsCription or 'pledge, and also donations under the "guise of 'loans of -money -or :property; Ordinance No a 78 -471 Page 2 (f) "City- Manager" shall mean and include the person exercising that function or any City employee designated by the City Manager to perform such functions hereunder. SECTION 46210. Permit Re uired for Reli ious 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 Chapter, SECTION 4622. Exemption The provisions of this Chapter 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 other- wise. SECTION 4623. Filing Application for Permit. An application.fo.r a religious solicitation permit shall be made to the City Manager upon forms prescribed by him, The applica- tion shall be sworn to or affirmed and filed with the City Manager not less than ten (10) days prior to the time at which the permit applied for shall become effective; provided, however the City Manager may for a good cause shown allow such filing less than ten. (10).days -prior to tha..eff-ective date the permit applied for. SECTION 4624° Information Rewired in A OS licationa The application shall contain the following information: 1) Name, address and principal office of the person applying for the permit. 2) If the applicant is not an individual, the names and addresses of the applicant's principal officers and executives.. 3) A statement that the purpose for which the solicita- tion is made is exclusively for and in connection with the exercise .of religion, 4) The total amount of funds proposed to be raised by solicitation_ 5) The name and address of the person or persons who will .be in charge of conducting the solicitation and the names of all of fund raisers connected to or to be connected with the proposed solicitation, 6) A short outline of the method or methods to be used in conducting the solicitation. 7) The time when such solicitation will be made, giving the preferred dates. and hours of the day for the commencement and termination of solicitation. 8) 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.gi.ven..in the application the applicant shall. notify the City Manager .in writing thereof within twenty - four (24) hours after such change Ordinance No, 78 -471 Page 3 SECTION.4625. Investigation. The City Manager shall investigate all applications to the extent he deems necessary for him to perform his duties hereunder. Upon request by the City Manager, applicant shall make available for inspection all of applicant's financial books, records, and paper.s,.at.any reasonable time before the application is granted or duri.ng__the time the permi.t is in. effect.,. which books, records and papers.,.will be inspected solely for the determination of the factual accur:acy..o.f the .information contained i.n :.the application. Failure to•mak.e any such information .available within ten, (10) days at the City Manager.'s:.request to inspect same shall automatically result in-.revocation of the permit SECTION 4626.. Limitations on Solicitation. Solicitations pursuant to permit hereunder: (a) Shall take place only between the hours of 9 a,m, and 5 p.om. (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_ SECTION 4627. Issuance of Permit. The City Manager must and shall issue the permit unless any of the following have been demonstrated.by substantial evidence: (a) Any statement made in the application is factually incorrect_ (b) That the proposed solicitation will the requirements. of Section 4626 above. (c) That applicant has not provided the quired by this .Chapter.. SECTION 4628. Time of Issuance. The City Manager shall either grant or deny the requested permi.t within _..ten (10) days of the date the application is made. In the event the City Manager fails to act within the time prescribed, the permit shall be deemed granted_. SECTION 4629. Renewal of Permit. On the expiration of any permit, and if requested in writing to do .so, .._the .City .Manager must renew the permit within ten (10) days of such ,request, ..if. the .factual . information . upon from which the original_ application :.was granted r.emains_unchanged and no violations have:_. been .committed. Upon such request for renewal applicant must state that no change has occurred since issuance of the original permit. . violate any of information re- SECTION 4630. .Form. of Permit Permits issued under this. Chapter shall bear the name and address .of.. the _person .to whom it.i.s. 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 Ordinance No, 78 -471 Page 4 SECTION..4631a .Term of Permits° .Permits issued hereunder shall be valid for a period of thirty (3.0) days unless renewed, revoked or suspended pursuant to the pro - vis i.ons.__ hereo f SECTION 4632., Non-Transferability of Permits, No permit issued hereunder shall be transferred or assigned and any.such..attempt of assignment or. transfer.shall be void. .SECTION 4633: . Credentials of Solicitors, 16,11 persons to whom permits have been issued hereunder shall .furnish..pr.oper credentials to their agents and solicitors for such solicitation_. The credential .shall include the name of the permit h.o.lder,._.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 cre- .dentials__.are.:issued and the specific period_..of time during which the s.olicitor.is..autho.rized..to solicit.on behalf of the permit holder. No person shall solicit under any permit granted under this Chapter wi.t.haut.. credentials -_.r.equired_hereundera SECTION 4634 Denial of Permit. In_ the event- the City Manager denies a permit to any applicant, the City Manager shall give the applicant a written notice, stating with specificity- the._xeasons..for such denial. _SECTION 4635- Revocation..._. -Whenever .,it . shall be shown that any person to whom a permit has been issued .has violated any of the provisions of this Chapter, the City' Manager- .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 SECT.ION.. 4636. Appeal to. City. Council. Any applicant_or permit holder aggrieved by any action of the City= Manager _.to- deny;.. revoke . or refusal : to renew a permit, . may appeal to the City Council by filing_ with- the City Clerk a statement addressed to the.=C.i.ty:.Council setting_ forth... the facts and circumstances re- gardin.g.:.the:: action of the City_ Manager_ Such .. appeal shall be filed within ten. (10) ._days after the disputed action of the City Manager 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 o.f_ the..ap.peal_ hearing, the City Council_ shall hear all relevant evi- dence 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 Manager, .:.. 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. SECTION'-. 4637.. Receipts. . Any per:son,: receivi.n.g.money or _anythin.g of value in excess of five: dollars.. ($5,00) from any contributor _. by means of solicitation . made pursuant to a.perm.it. shall give each contributor a written receipt signed by the solicitor showing plainly the name and the 1 1 1 Ordinance No. 78-471 Page 5 permit number of the person under whose permit the - solicitation is conducted, the date, and the amount received; provided, however, this . Section 4637 shall not apply to any contribution. by means of a closed box or receptacle where- it is impractical to deter- mine- the_ amount of. such contributions., SECTION 4638. Manner of Solicitation. No persons to whom . a permit has •been is sued -4nor any agents or solicitors of such person: (a) Shall affix any object- to :the: of- any contributor or member of • the . public without- first receiving- express per- mission therefor; • (b) Shall persistently. 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 publit. generally. SECTION_ 4639:-: Authority of City Manager.. Nothing: hereunder shall be construed as- granting.. to the- City Ma.nager. .or anr_ other person_ the authority to grant , deny; revoke, renew.- or suspend: any. permit_ by reason of _ agreement or- disagreement with_. the. philosophy , opinion or belief that, the applicant, permit holder;. or person._ soliciting . thereof:, or.: for. any other::: reason not specifically provided._ for. herein _ Penaities Any personf,..,. as here-inbefOre,:: defined:.". or-7 any agent.; servant, emplOyee4 thereof:. violatingi: any'. of.' theprovisi.bnsof • this. Chap-ter..; or..who abets:, in-.. the...procuring: of, a vio lation. of any provision, . part. or_.: portion... hereof,.., . who:. files ... or.: causes.,:-. to: be filed •ani•app:lication:. for__ permit. containing:. a... fa..1§e.or. fraudulent: stater ments....o.L fact; shall:- be deemed:. guilty _. off misdemeanor .. and upon • convict ion.--....t.hereof.:: f ine& not,: more.--,:. than:. f.ive,?, hundred: dollars ense:;.., or: undergo imprisonment.' f�r not more:: th:an- six month.s., or both. Each:..viblatiOn.... deemed: separate,:, offense, and shal punistiabl _ _ SECTION:. 4641 . Severability..; . intentiem of the City that:::: each:: separate -. pro.- visibrr.ofl: this.: Chapter: shall deemed::: independen.t::. off al I other:. provisions herein .. an& it is; furtlier;: the intention; the.,, City.. COuncii . that; iff.any- p.rovision. Chapters declare& ifivalid; . the- re-- mainingf.; provisions shall remain. vi-able- and: ef f SECTI0N: 3; The; City: the; of: Temp:le:2: City: shall."L certify to the: passage; and..:: adoption:. off: this :;. ordinanca::, and 7, toi its approva.1: by the. Mayor: and:', shall:. cause, the:, same; to be.F:plabli.S.hed.] Temple-- City Times, newspaper.: of :" general:. City. of.: Temple: City ; Ordinance No, 78 -471 Page 6 APPROVED, PASSED AND ADOPTED this 19th day of December, 1978. ATTEST: GLA4n Deputy- City C er STATE. OF CALIFORNIA ) COUNTY OF .. LOS: ANGELES ) ss CITY_ OF TEMPLE:. CITY ) I. hereby certify that .. the foregoing Ordinance, being Ordinance No.. 78-a 4.71, was introduced at a regular meeting of the City Council of. tbe..C±ty. o. Temple City., held on. the 5th .. day of December, 1978, and :was ._duly ::passed, .. approved._and_adopted by said Council, approved and signed.:. by: the.. .Mayor and attested by the City Clerk at a regular meeting of said City Council held on the 19th day of December, 1978, by the following vote: AYES Councilmen- Atkins, Dennis, Gillanders, Merritt, Tyrell NOES: Councilmen- None ABSENT: Councilmen- None Chief Deputy City Clerk 1