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HomeMy WebLinkAboutORD 255ORD 255ê79wV ×PîÁ ORDINANCE NO. 255 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 6700, 6700.1, 6700.2, 6700.3, AND 6700.4 OF THE BALDWIN PARK MUNICIPAL CODE; AND ADDING SECTIONS 6700.5, 6700.6 AND 6700.7 TO SAID CODE, RELATING TO CHARITABLE AND RELIGIOUS SOLICITATIONS. URGENCY ORDINANCE) THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. That Sections 6700, 6700.1, 6700.2, 6700.3, and 6700.4 of the Baldwin Park Municipal Code are hereby amended to read, respectively, as follows: 6700. Charitable Religious Solicitations. Permit Required. o person, without having rs obtalned- aa permit therefor, as herein provided, shall make any appeal to the public for a charity or charitable or religious purpose, either by soliciting or collecting gifts, contributions, donations, or subscriptions, or by promoting or conducting any sale, bazaar or exhibition by any other means, at any place or to any person within the City. 6700.1. Same. Tickets. No person, without first having ob a ned a pe t therefor, as hereinafter provided, shall sell or solicit for or on behalf of any person, by telephone cr otherwise, for the sale of any ticket or right to admission to any amusement, show, entertainment, lecture or other enterprise not regularly carried on for private profit or gain by any person at a fixed place of business in the City, or solicit any contribution or gift in connection with such amusement, show, entertainment, lecture or other enterprise, where such sale or solicitation is for other than a charitable purpose and is made to persons other than the bona fide members of the firm, association or corporation, causing such solici- tation or sale, or for or on whose behalf such solicitation or sale is made and where, in connection with any such amusement, show, entertainment, lecture or other enterprise, it is represented, advertised, held out, implied, or made to appear that such sale, solicitation, contriubtion or gift or any part of the proceeds therefrom shall belong to or be devoted or used for the benefit of any person, firm, association or corporation. 6700.2. Same. Application. Any person desiring a permit to do any acts referred to in Sections 6700 and 6700.1 hereof, shall file a written applica- tion therefor with the City Clerk of the City con- taining the following information: 1) Name and address of applicant if applicant is a corporation, partnership or association, the names and addresses of all officers, partners, and/or principals). 1- FIRST READING /.r.r.?:....~~.:3.. ORD 255ê79wV ×PîÁ 2) Location of national, state and local headquarters, if any. 3) The names and addresses of all persons directly interested in or who in any manner will be engaged in the activity. 4) The purpose for which the proceeds of the solicita- tions, sale, bazaar, exhibition, promotion, amuse- ment, show, lecture, entertainment or other enter- prise, or any part thereof, are to be used, includ- Irg the manner and amount of any compensation intended to be paid to any person, firm,association or corporation, out of such gross proceeds. 5) The total amount sought to be raised, and the bank or place where all or any part of such funds will be placed on deposit or invested. 6) The type of records proposed to be kept of funds received and the location of such records and the custodian thereof. 7) The type of identification to be carried or uniform to be worn by persons engaged in the activity. 8) Such other information relating to applicant and the parties directly interested or engaged in the activity, as may be necessary to enable a full and complete investigation to be conducted, including but not limited to suitable photographs and fingerprints. 6700.3. Same. Investigation, The City Clerk of the City, upon receiptor such an application, shall refer the same to the Police Department for investigation. After the investigation has been conducted, the Chief of Police or his authorized deputy shall transmit to the City Clerk, for referral to the City Council, the report of the investigation. 6700.4. Same. Qranti Denying. The City Council shall eon-slder t e application an investigation report and such other information as may be relevant, and if it finds that the applicant has not stated true facts in the application or that if a permit were to be granted to applicant, a fraud, in all probability, would be perpetrated on the public, the Council shall refuse the issuance of a permit to such applicant. If the Council finds that the application is truthful, that the applicant is acting in good faith and that in all probability a fraud would not be perpetrated on the public, a permit shall be issued to such applicant for such period of time as applicant may request, not to exceed a period of three( 3) months from the date of issuance of said permit. Provided, that as a condition to granting such permit, the Council may require applicant to file a bond with the City Clerk, in a sum not to exceed $1,000.00, in a form to be approved by the City Attorney, conditioned so that if applicant should fail to devote, pay or use the entire proceeds or percentage thereof, as specified in the application, derived from the activity, to the personfbr or on whose behalf or benefit such activity was carried on, as indicated on the application, then the surety will pay to such person the amount of such bond." 2- ORD 255ê79wV ×PîÁ MEN SECTION 2. That the Baldwin Park Municipal Code is hereby amended by adding thereto, as Sections 6700.5, 6700.6, and 6700.7, respectively, the following: 6700.5. Same. Exce tion. No permit shall be required r any acts or activities described in Sections 6700 and 6700.1 hereof by the members of any religious or charitable organization which has been in existence in, and which regularly has maintained a headquarters or a place of worship in the City, for a date period dwhichtsleast five 5) years next preceding the y proposed to be commenced; provided that the Council has issued a permit authorizing the acts or activities described in Sections 6700 and 6700.1 hereof by such organization. Permits issued to organizations as described in this section shall be valid until revoked by the Council. 6700.6. Same. Suspension. Revocation. The Chief of Police shalT-hav power to suspendany permit if he finds that the Permittee is not operating in conformity with the application pursuant to which the permit was issued, or if he finds that further activity of the Permittee would, in all probability allow fraud to be perpetrated upon the public or any portion thereof. Notice of such suspension shall be given to Permittee by registered mail, directed to the Permittee at his last known address, postage prepaid and deposited in the United States mail. The said permit in such a case shall be suspended and no further activity otherwise ermitted thereunder shall be permitted, effective three 3) days after date of mailing said letter. In such a case, Permittee shall have a right of immediate appeal to the Council and at the next regularly scheduled Council meeting after such suspension, said Permittee shall show cause before the Council why the permit should not be revoked. If the Council finds that the suspension was justified, the permit shall forthwith be revoked. No formal public notice need be given by the Council in connection with the denying or revocation of such permit provided that notice of such hearing is givsito applicant be depositing in the United States mail a registered letter directed to the last known address of such applicant, at least 48 hours prior to the holding of such hearing. 6700.7. Solicitation b Mail. No permit shall be required o~ ranany solicitation through the United States mail,'.' SECTION 3. That this Ordinance is declared to be an urgency ordinance necessary for the immediate preservation of the public peace and safety, and a statement of the facts con- stituting its urgency is as follows: a) that suitable and legal regulations of charitable and religious solicitation within the City of Baldwin Park must be imposed to protect the citizens and residents of said City from the perpetration of fraud by such solicitors; and b) that the present regulations which apply to such solicitation are in many respects unworkable and unsuitable to prevent such fraud from being perpetrated on citizens and residents of the City of Baldwin Park; and 3- ORD 255ê79wV ×PîÁ c) that the regulations herein contained are necessary to prevent the unlawful activities or operations of dissolute persons of criminal habits or tendencies, representing themselves as charitable or religious solicitors, by requiring the registration of all such persons, together with the names and proper identi- fication of their principals; and d) that the said regulations are necessary to protect the people of the City of Baldwin Park against the menace to their person and to their property in their absence from such dissolute persons claiming to be bona fide charitable and/or religious solicitors; and e) that the public interest, convenience, necessity, and general safety require that such regulations, as herein set forth, be adopted. SECTION 4. That based upon the foregoing facts, this Ordinance is declared to be an Urgency Ordinance, within the meaning of Section 36937 of the Government Code, and upon its adoption by the City Council of the City of Baldwin Park, the same shall take effect immediately. SECTION 5. That the City Clerk shall certify to the adoption of this ordinance and shall post or publish the same in the manner prescribed by law. ADOPTED and APPROVED this 4 day of February 1963. y ATTEST: City ClerF STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS CITY OF BALDWIN PARK I, THELMA L. BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No, 255 was regularly adopted, after being read in full, at a regular meeting of the City Council on the 4 day of February 1963, by the following vote, to wit. AYES: Councilmen: BLOXHAM, MOREHEAD, HOLMES AND MAYOR BISHOP NOES: Councilmen: NONE ABSENT: Councilmen: TAYLOR City Clirk 4- ORD 255ê79wV ×PîÁ ORD. NO. 255 CERTIFICATE OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, hereby CERTIFY that I am the duly elected and qualified City Clerk of the City of Baldwin Park; that on the 14th day of February 1963, I caused to be posted in three conspicuous places a copy of Ordinance No. 255, as required by law and the Baldwin Park Municipal Code. THELMA L. BALKUS, CITY CLERK Subscribed and sworn to before me this dad of---. 19.b° 5~0 tar Public In and for the County of Lcof California EVA ELDER PUGH, Notary Public, state of California Principal offico, Los Angeles County My Commission Expires A4ar:h 6, 1967 4657 North Mewed Ave., Baldwin Park. Calif. BIB] 39008-U01 ORD-U02 255-U02 LI2-U03 FO31549-U03 FO94593-U03 DO94779-U03 C5-U03 ORDINANCES-U03 10/17/2006-U04 ROBIN-U04