HomeMy WebLinkAboutORD 2753• ORIGINAL
ORDINA.~CE NO. 2153
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING CHAPTER 4. 30 Of' THE PALO ALTO MUNICIPAL
CODE PERTAINING TO SOLICI'I'ING FUNDS
The Council of the City of Palo Alto does ORDAIN as
follows:
SECTION 1. Section 4.30.030 of the Palo Alto Municipal
Code he~eby is amended to read as follows:
n4o30.030 Application. Application for a
permit to solicit shall be made to the chief of
police at least fifteen days prior to the time
of the proposed effective date of the perrnit7
provided, however, that the chief of police, for
good cause shown, may allow the filing of an
application less than fifteen days before such
date. The application shall ~ontain the follow
ing information or, in lieu thereof, a detailed
statement of reason why such information cannot
be furnished:
(1) The name, address, or headquarters 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 managers and a copy of the resolution,
if any 1 authorizing such solicitation, certified to
a~ a true a~d correct copy of tl'te original by the
officer having charge of the applicant's record.
(3) The purpose fo~ which tne solicitation
l~ to be made, the total amount of f~nds proposed
to pa raiseq thereby, and the \lSe or disposition
to be made of any receipts therefrom.
(4) A specific statement: supported by re~sons
and, if av•ilable, figures showing the ~eed for the
ao~tr~butious to be SQlioited.
(5) The names ~~d addresses of the perso~s by
whom the receipt;s of such solloitat!on shall be disbu.raed~ ·
(~) The "~a and addresses of th~ persons who
Will. b. ,tn C1irE!Ct a)l,.rge Of COliductinq the solicitation
a~d the n~ea of ~11 promoters conneoteq, or to be
c9nq~ated, witq tne propo.sed ~olicitatio~.
(7) An outline of the methods to be used in
conqucting. the;i ~olioi tation ~ · ·
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(8) The time when such solicitation shall
be made, giving the preferred dates for the be
ginning and ending of such solicitation~
(9) The estimated amount of any wages, fees,
commissions, expenses, or emoluments to be expended
or paid to any person in connection with such so
licitation and the names and addresses of all such
persons.
(10) A financial statement for the last pre
ceding fiscal year of any funds collected by the
applican·t, said statement giving the amount of
money so raised, together with the cost of raising
it, and final distribution thereof.
(11) A full statement of the character and
extent of the charitable or other nonprofit work
being done by the applicant within the cityo
{12) A statement that the actual cost of
solicitation will not exceed twenty-five percent
of the total amount to be raised, or, in lieu
thereof, a detailed st:~temsnt as to the reasons
why ths costs will exceed twenty-five percent.
(13) A statement to the effect that if a per
mit is granted, it will not be used or represented
in any way as an endorsement by the city or by any
deparbnent or officer thereof~
(14) such other information as may be reasonably
required by the chief of police in order for him to
determine the kind and character of the proposed
solicitation and whe·ther such solicitation is not
inimical to the public welfare.
If, while any application is pending or during
the term of any permit granted thereon, there is any
change in fact, policy, or method that would alter the
information given in the applicationr the applicant
shall notify th~ chief of police in writing thereof
within twenty-four hours after such change."
SECTION 2. Section 4,30.040.of the Palo Alto Municipal
Code hereby is amended to read as follows:
"4.30.040 Investigation of books and records.
Upon tha request of the chief of police or his designee
at any time before the permit is issued, during the
time the per.mit is in effect, or after the permit has
expired, ~~e applicant shall make available at the
Civic Center or at any other reasonable location
specified by the chief of police or his designee such
nonprivileged books, records, and papers as may be
required to investigate the matters relevant to the
permit."
SECTION 3. Section 4.30.050 of the Palo Alto Municipal
Code hereby is amenped to read as follows:
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"4.30.050 Standards for issuance of ermits.
The chief of pol~ce or s es~gnee s a. ~ssue
the permit unless he has cause for denying the per
mit application or issuing a probationary permit as
specified in Chapter 4.04. The following grounds
are in addition to those specified in Chapter 4.04:
(1) The solicitation is, or will be 1 a fraud
on the public.
(2) The solicitation is not, or was not,
prompted solely by a desire to finance the nonprofit
cause described in the application.
(.3) The cost of raising the funds is, or will
be, unreasonable. Any such cost in excess of twenty
five percent of the amount collected is deemed un
reasonable unless facts are presented which establish
that the cost is reasonable in the particular case."
SECTION 4. Section 4~30.070 of the Palo Alto Municipal
Code hereby is amended to read as follows:
11 4.30.070 Permit--Time limit--Renewal. Permits
issued pursuant to this chapter shall be valid a
maximum of thirty days only, and no person shall
solicit with an expired permit. The chief of police
shall prescribe procedures and standards for the re
newal of such permits, except that such standards
and procedures shall not be stricter than those re
quired for the original issuance of the permit. Each
renewal periOd shall be for a maximum of thirty days."
SECTION s. Section 4.30.080 of the Palo Alto Municipal
Cnde hereby is a.--nended to read as follows:
"4.30.080 Identification cards. The permittee
shall furnish each person engaged in the soliciting
activity in question with a suitable identification
card or badge. The cards or badges shall contain
such information as the chief of police deems neces
sary and may include the following:
(1) The n&ne of the individ~al solicitor.
(2) The name of the permittee; if different.
(3) The purpose of the solicitation activity."
SECTION 6-~ Section 4.30.0601 Section 4.30.100, Section
4.30.110, and Section 4.30.120 of the Palo Alto Municipal Code
hereby ar~repealed.
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SECTION 7, This ordinance shall become effective upon
the ~xpiration of thirty days from its passage,
INTRODUCED: October 29, 1973
PASSED: November 12, 1973
AYES: Beahrs~ Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum, Sher
NOES: None
ABSENT: Berwald
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_9?£y M~r
'-APPROVED:
2L~;., L. t:'k.tl!· «~ ClfY Treasurer
•,
f < i,
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APPROVED;
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