HomeMy WebLinkAboutOrd 05-07 Charitable Solicit & Sales
ORDINANCE NO.5 - 07
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ADDING CHAPTER 4.18 TO THE
DUBLIN MUNICIPAL CODE RELATING TO
CHARITABLE SOLICITATION AND SALES
WHEREAS, the City of Dublin Municipal Code (DMC) Chapter 4.16 provides for the regulation
of commercial peddlers and solicitors within the City of Dublin ("City") to protect the public health,
safety and welfare against unlawful activities or operations by individuals falsely representing themselves
as peddlers or solicitors, and from criminal activity including fraud and burglary; and
WHEREAS, from time to time the City receives applications for permits for solicitation and sales
for charitable purposes; and
WHEREAS, the concerns for the public health, safety and welfare involved in commercial
peddler and solicitor activities are similarly applicable to charitable solicitation and sales activities; and
WHEREAS, the City Council desires to regulate charitable solicitation and sales to protect the
public against criminal activity including fraud and burglary, at the same time protecting the right of
persons to make charitable solicitations and sales within the City to support philanthropic, social service,
benevolent, patriotic, and religious activities; and
WHEREAS, the City Council desires to encourage, in particular, charitable support for residents
of the City and organizations based in the City.
NOW, THEREFORE, the City Council ofthe City of Dublin does hereby ordain as follows:
Section 1. Chapter 4.18 of the Dublin Municipal Code is hereby added to read as follows:
Chapter 4.18. CHARITABLE SOLICITATION AND SALES
4.18.010 Purpose.
The purpose of this chapter are:
A. To regulate individuals entering upon private property, particularly residential property, to engage
in the conduct of Charitable Solicitor or Salesperson;
B. To protect the public health, safety and welfare against unlawful activities or operations by
individuals falsely representing themselves as Charitable Solicitors or Salespersons, and from
criminal activity including fraud and burglary; and
C. To balance the rights and interests of those engaged in charitable activities with the rights and
interests of those residents who do not want to be disturbed by such activities.
Ord No. 5-07, Adopted 3/20/07, Item 4.3
Page 1 of6
4.18.020 Definitions.
For the purposes ofthis chapter, the words set out in this section shall have the following meanings:
A. "Charitable Purposes" means and includes activities for the benefit of non-profit philanthropic,
social service, benevolent, patriotic, educational, or religious activities, including, but not limited
to, non-profit organizations, tax-exempt organizations, public and private schools.
B. "Charitable Solicitor or Salesperson" means and includes any person, who for Charitable
Purposes, travels by foot, automotive vehicle, or any other type of conveyance, from place to
place, from house to house, or from street to street, soliciting funds, assets, or property, or
carrying, conveying, transporting, taking or attempting to take subscriptions, contracts for sale, or
orders for the sale of food, goods, wares, merchandise, publications, or other personal property or
services or offering and exposing the same for sale, or making sales and delivering articles to
purchasers. A "Charitable Solicitor or Salesperson" includes a "Commercial Fundraiser for
Charitable Purposes."
C. "Commercial Fundraiser for Charitable Purposes" means any individual, corporation,
unincorporated association, or other legal entity who for compensation does any of the following:
1) solicits funds, assets, or property in this state for charitable purposes; 2) as a result of a
solicitation of funds, assets, or property in this state for charitable purposes, receives or controls
the funds, assets, or property solicited for charitable purposes; 3) employs, procures, or engages
any compensated person to solicit, receive or control funds, assets, or property for charitable
purposes, except as provided in California Government Code Section 12599.
D. "Engage in the conduct" means and includes conducting, managing or carrying on of any such
conduct or helping therewith, by any person in any capacity.
4.18.030 Permit Required.
It is unlawful for any person to engage in the conduct of Charitable Solicitor or Salesperson without first
obtaining a written permit as provided in this chapter.
4.18.040 Permit-Exceptions.
The following activities are exempt from the permit requirement set forth in Section 4.18.030:
A. Any person who engages in the conduct of Charitable Solicitor or Salesperson upon premises
owned or occupied by the Charitable Purposes organization(s) for which the solicitation is made;
and
B. Any person who engages in the conduct of Charitable Solicitor or Salesperson solely from the
members ofthe Charitable Purposes organization(s) for which the solicitation is made.
4.18.050 Enforcement Officer Designated.
It shall be the duty of the Chief of Police of the City, or his or her designee, to enforce the provisions of
this chapter.
Ord No. 5-07, Adopted 3/20/07, Item 4.3
Page 2 of6
4.18.060 Place of registration.
The applicant for a permit under this chapter must register and obtain a permit from the Chief of Police.
4.18.070 Permit Application.
A. Applicants for a permit under this chapter must file with the Police Chief at Dublin Police
Services a sworn application in writing on a form to be furnished by Dublin Police Services,
which shall set forth the following information:
1. Name, birth date, and driver's license or other state-issued photo identification card of the
applicant;
2. Permanent home address and telephone number, and local address and home and mobile
telephone numbers, if available, of the applicant;
3. Name, address and telephone number of the Charitable Purposes organization(s) for which
the applicant intends to make solicitations;
4. Name and telephone number, where available, of each person who will engage in the
conduct of Charitable Solicitor or Salesperson pursuant to the permit;
5. Item(s) or services to be sold for Charitable Purposes, if applicable;
6. The length of time for which the permit is desired;
7. A statement as to whether or not the applicant has been convicted of any felony or
misdemeanor involving injury to person(s) or property, theft, fraud, or misrepresentation
within ten (10) years preceding the application date;
8. A statement as to whether any person intending to engage in the conduct of Charitable
Solicitor or Salesperson under a permit issued pursuant to this chapter is a Commercial
Fundraiser for Charitable Purpose, and, if so, documentation from the California Attorney
General that the applicant has complied with the requirements of California Government
Code Section 12599, or its successor; and
9. Any additional information as required by the Chief of Police.
B. In addition to the permit application requirements set forth in Section 4.18.070.A, applicants for
permits under this chapter who are not residents of the City or who are not engaging in the
conduct of Charitable Solicitor or Salesperson on behalf of an organization located within the City
shall provide the following information:
1. Photo identification for each person who will engage in the conduct of Charitable Solicitor
or Salesperson pursuant to the permit, such as a state-issued identification card or student
body identification card; and
2. A letter from each Charitable Purposes organization set forth in Section 4.18.070.A.3
certifying the applicant's authority to engage in the conduct of Charitable Solicitor or
Salesperson on behalf of the Charitable Purposes organization.
Ord No. 5-07, Adopted 3/20/07, Item 4.3 Page 3 of 6
3. If a vehicle is to be used, a description of the same, together with license number or other
means of identification, proof of automobile insurance to the satisfaction of the Chief of
Police, and any additional vehicle identification or vehicle safety information that the
Chief of Police finds reasonably necessary
4.18.080 Permit Issuance.
A. Upon receipt of such application the Chief of Police shall cause such investigation of the
application as he or she deems necessary. The Chief of Police shall approve or deny the permit
within thirty (30) calendar days of receipt of an application deemed complete by the Chief of
Police or his or her designee.
B. Such permit shall contain the signature of the issuing officer and shall show the name and address
of the applicant and the name and address of the Charitable Purposes organization(s) for which the
applicant intends to make solicitations, the date of issuance, and the length of time the same shall
be operative.
C. The permit shall not be effective unless and until the applicant obtains proof of compliance with
Chapter 4.04 relating to business registration, including proof of payment of all applicable fees, as
applicable.
D. A permit application shall be denied by the Chief of Police on the following grounds:
1. The applicant has been convicted of a felony or misdemeanor involving injury to person( s)
or property, theft, fraud or misrepresentation within ten (10) years preceding the
application date.
2. The application for permit under this chapter contains fraud, misrepresentation or false
statement.
3. The applicant or any person who will engage in the conduct of Charitable Solicitor or
Salesperson under the permit has violated the provisions of this chapter.
4. The activity as proposed by the applicant would not comply with any provision of this
chapter, or any other provision in this Code, or any other State of federal law.
E. The Chief of Police shall notify the applicant of a denial of a permit application by depositing
written notice of such decision in the first-class U.S. mail, postage prepaid, addressed to the
applicant, not later than three (3) calendar days following the decision to deny the permit. The
notice of denial must contain a statement of the facts upon which the denial is based and must
contain a statement of the appeal procedure set forth in Section 4.18.110.
F. If the applicant employs minors to engage in the conduct of Charitable Solicitor or Salesperson,
the applicant shall obtain a copy of a pamphlet or other materials which summarize the child labor
laws of California prior to the issuance of the permit.
4.18.090 Permit Use.
Charitable Solicitors or Salespersons shall comply with the following:
Ord No. 5-07, Adopted 3/20/07, Item 4.3 Page 4 of 6
A. All permits issued under the provisions of this chapter shall expire on the date specified in the
permit.
B. Applicants for permits under this chapter shall maintain the permit on their person and exhibit
such permit upon request. Persons who engage in the conduct of Charitable Solicitor or
Salesperson pursuant to the permit shall maintain proof of permit, such as duplicate copy of
permit, student body identification card, or other proof of school or organizational enrollment, as
required by the Chief of Police or his or her designee.
C. No permit issued under the provisions of this chapter shall be used at any time by any person other
than the one for whom it was issued.
D. It is unlawful for any person to engage in the conduct of Charitable Solicitor or Salesperson before
9:00 a.m. or after 8:00 p.m.
E. No person shall engage in the conduct of Charitable Solicitor or Salesperson at any premise which
is posted with clearly visible signs prohibiting sales or solicitation, and in the event that the posted
sign expressly prohibits one such activity, the sign shall be construed as prohibiting the activities
of both sales and solicitation, unless otherwise indicated on the sign.
F. No permit holder shall create any public nuisance or disturb the peace and quiet of the community.
G. Permit holders shall comply with all state and federal laws and all local ordinances, including the
Supervision of Trustees and Fundraisers for Charitable Purposes Act (Gov. Code 9 12580 et seq.),
or its successor.
4.18.100 Permit Revocation.
A. Permits issued under the provisions of this chapter may be revoked by the Chief of Police at any
time for any of the following causes:
1. Subsequent determination of facts or subsequent occurrence that would have required a denial
of the permit at the time of application pursuant to Section 4.18.080.C;
2. The applicant or any person who will engage in the conduct of Charitable Solicitor or
Salesperson pursuant to the permit engages in fraud, misrepresentation, or false statement;
3. The applicant or any person who will engage in the conduct of Charitable Solicitor or
Salesperson pursuant to the permit performs in an unlawful manner or in such a manner as to
constitute a breach of the peace or to constitute a menace to the health, safety, or general
welfare of the public.
B. The Chief of Police shall notify the permit holder of a revocation of a permit by depositing written
notice of such revocation in the first-class U.S. mail, postage prepaid, addressed to the applicant,
not later than three (3) calendar days following the decision to revoke the permit. The notice of
revocation must contain a statement of the facts upon which the revocation is based and must
contain a statement ofthe appeal procedure set forth in Section 4.18.110.
Ord No. 5-07, Adopted 3/20/07, Item 4.3
Page 5 of6
4.18.110 Appeal Procedure.
Any person objecting to the denial or revocation of a permit applied for or held by him or her pursuant
this chapter shall have the right to appeal to the City Manger in accordance with Section 1.04.050.
4.18.120 Violation-Penalty.
Any violation of the provisions of this chapter shall constitute an infraction and shall be punished as such
in accordance with Section 1.04.030.
Section 2. Severability. The provisions of this Ordinance are severable and if any provision,
clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any
person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect
or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the
ordinance or their applicability to other persons or circumstances.
Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days
following its adoption.
Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this 20th day of March, 2007, by the following vote.
AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
Mayor
ATTE~~
City Clerk
Ord No. 5-07, Adopted 3/20/07, Item 4.3
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