Ordinance No. 7903
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
271
28
29
301
31
32
ORDINANCE NO. 790
AN ORDINANCE OF THE CITY OF VERNON REGULATING SOLICITATIONS FOR
CHARITABLE, PATRIOTIC, PHILANTHROPIC, AND OTHER PURPOSES; REQUIRING
REGISTRATION OF THOSE ENGAGED IN SOLICITATION FOR SUCH PURPOSES;
PROHIBITING SOLICITATIONS BY FALSE OR FRAUDULENT STATEMENTS; AND
PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE.
THE CITY COUNCIL OF THE CITY OF VERNON DOES ORDAIN AS FOLLOWS:
SECTION 1: DEFINITIONS.
For the purpose of this Ordinance, certain
words and phrases shall be construed as herein set forth unless
it is apparent from the context that a different meaning is in-
tended. The definitions adopted by this Ordinance are as follows:
(a) Philanthropic includes "charitable ", " social
service ", "benevolent ", "Patriotic ", "civic activity ", or "pur-
ported philanthropic ", "purported social. service", "purported
benevolent ", "purported patriotic ", "purported charitable", or
"purported civic activity".
(b) Contribution includes food, clothing, money,
property, anything of value or donations under the guise of a
loan of money or property.
(c) Solicit or solicitation shall mean to request,
directly or indirectly, contributions, or to sell or offer for
sale, or to exhibit, anything or object whatsoever to raise money,
including any article, tag, service, emblem, publication, ticket,
advertisement, or subscription; or to secure or attempt to secure
money or donations or contributions by promoting any bazaar,sale,
dance, card party, supper, or entertainment; whether any of such
acts occur on the streets or in any office or private or public
building, or by house to house or building to building canvass,
or in any public or private place, or by telephone,except as may
be exempted by the provisions of this Ordinance.
SECTION 2: No person, without having first applied for
and received a permit from the Chief of Police of the City of
Vernon as provided for in this Ordinance, shall make any appeal
1.
.1
2
3
4
5
6
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
to the public or any individual or representative thereof for a
philanthropic or religious purpose, either by soliciting or
collecting gifts, contributions, donations or subscriptions or by
promoting or conducting any sale, bazaar or exhibition, or by any
other means whatsoever, at any place or to any person within the
City of Vernon.
SECTION 3: No person or persons or corporations or
representatives thereof, or other business entities, without having
first applied for and received a permit from the Chief of Police
of the City of Vernon as provided for in this Ordinance, shall sell
or solicit, for or on behalf of any person, firm, association or
corporation, by telephone or 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 such person, firm, association, or corporation, except
as the same may be exempted under this Ordinance.
SECTION 4: Any person or persons, firm, association or
corporation desiring to do any of the acts set forth in Sections
2 and 3 above shall file an application with the Chief of Police
of the City of Vernon upon a form prescribed by said Chief of
Police. Said application shall set forth the following information:
The name and address of the applicant; Whether the applicant is
affiliated with or working for any other organization than the one
for which the solicitation is intended; The location of the
national, state, and local headquarters of the applicant, if any;
The name or names and addresses of all persons in charge of the
applicant's activities within the City of Vernon, a specific
statement and, if available, financial statements showing the need
for the contribution proposed to be solicited; the total amount
which is sought to be raised; the bank or place where all or any
part of the funds raised by such activity will be placed on deposit
or invested; what records of funds received will be kept and where;
2.
.1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
where such records will be open to the public, including but not
limited to representatives of the Police Department of the City of
Vernon; the expenses of solicitation, including all commissions,
costs of collection, salaries, and other items, if any, regardless
of from what funds such expenses are payable; whether a uniform
or identification will be worn or carried by the solicitors, and
whether the uniform or identification worn or carried resembles
that of any other group in the City of Vernon conducting a similar
type of activity; such other information in respect to the
character and past or proposed activity of the applicant and /or
the parties directly interested in or engaged in the work as may
be necessary to enable the Chief of Police of the City of Vernon
to make a full and complete investigation.
SECTION 5: The Chief of Police of the City of Vernon,
upon the receipt of the application as set forth in Section 4
above, shall conduct such investigation as he may deem necessary.
In connection with such investigation, the Chief of Police of the
City of Vernon shall have the powerto investigate the allegations
contained in the application, or any statements or reports filed
therewith pertaining to said solicitation, and to have access to
and inspect and make a copy of all of the books, accounts and
papers of the applicant and shall further have the power to
investigate at any time the methods of making or conducting any
such solicitation.
SECTION 6: The Chief of Police of the City of Vernon
may if he so desires, demand of the applicant additional informa-
tion, records, books, reports, material or testimony which may
reasonably be necessary to enable the Chief of Police of the City
of Vernon to complete his investigation, and the failure of the
applicant to supply such books, records, reports, material, or
testimony shall be deemed to be an abandonment of the application,
unless the same is provided within a reasonable time after demand
3.
.1
2
3
4
5
6
7
8
9
10
11!,
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
therefor.
SECTION 7: The Chief of Police of the City of Vernon
shall, after his investigation, issue a permit to solicit philan-
thropic or religious contributions within the City of Vernon if
he makes the following findings of fact:
(a) That all of the statements made in the application
or supplements thereto are true.
(b) That the applicant has a good character and
reputation for honesty and integrity or, if the applicant is not
an individual, that the responsible members thereof or managing
officer or agent have a good character or reputation for honesty
and integrity.
(c) That the control and superasion of the solicitation
will be under responsible and reliable persons.
(d) That the applicant has not engaged in any
fraudulent transaction or enterprise.
(e) That the solicitation will not be a fraud on the
public.
(f) That the solicitation is prompted solely by a
desire to finance the philanthropic cause or religious cause
described in the application and will not be conducted primarily
for private profit.
(g) That the cost of raising the funds will be
reasonable.
SECTION 8: If the Chief of Police of the City of
Vernon cannot make the findings as set forth in Section 7 above,
he shall refuse to grant the permit as set forth in Section 2 above
and shall thereafter notify the City Council of the City of Vernon
of his refusal to grant said permit. Further, if, after issuing
a permit, the Chief of Police of the City of Vernon should deter-
mine that the public welfare and convenience require the revocation
of said permit, he shall immediately notify the applicant of the
revocation of said permit forthwith, and shall further communicate
the fact of such revocation to the City Council of the City of
Vernon.
SECTION 9: Any applicant aggrieved by the decision
of the Chief of Police of the City of Vernon, either to deny the
permit required or to revoke one having previously been issued,
4.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
may thereupon and thereafter communicate said grievance to the
City Clerk of the City of Vernon. The City Clerk of the City of
Vernon shall then notice said grievance for the next convenient
Council meeting of the City of Vernon, and shall notify the
applicant of the fact that the City Council of the City of Vernon
shall take under consideration the grievance as set forth in the
notification to the City Clerk. Thereafter, any applicant
aggrieved by the decision of the Chief of Police of the City of
Vernon may appear before said City Council meeting and present
such evidence, either oral or documentary, as may be necessary to
support the applicant's position. The City Council of the City
of Vernon shall then be the final determining body as to whether
said application should be granted or, in the alternative, whether
the revocation of an existing permit shall be rescinded.
SECTION 10: No permit issued under this Ordinance
shall be transferable.
SECTION 11: The revocation of a permit or the failure
to grant a permit as herein provided shall not be a bar to the
prosecution of the holder thereof for a violation of any provision
of this Ordinance.
SECTION 12: Individuals soliciting contributions for a
philanthropic or religious purpose as set forth in this Ordinance
are not required to obtain individual permits or apply for the
same so long as they solely solicit for philanthropic or charitable
contributions upon behalf of an applicant who has received a valid
permit pursuant to this Ordinance.
SECTION 13: The Chief of Police of the City of Vernon
is hereby empowered to waive the whole or any part of the pro-
visions of Section 4 above as and if the Chief of Police of the
City of Vernon shall deem such waiver necessary when, and only
in the case of any philanthropic or religious applicant applying
for such waiver for the purpose of meeting any extraordinary
5.
.1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17,
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
emergency or Calamity when time is of the essence of needed relief.
SECTION 14: No person or association or applicant, in
making any solicitation for any philanthropic or religious purpose
within the City of Vernon or in connection with such solicitation
or application for a permit as set forth herein shall use or give
to any person or association whomsoever either a fictitious name
or an alias or any other than his or its own full, true, and
correct name, or make any such solicitation without at the time
giving to the person or association solicited for such contribution
the full, true, and correct name of the person or association
soliciting, or try to impersonate any other person or association
in making such solicitation and, further, shall upon demand of the
person solicited produce for inspection by such person solicited
identification indicating the solicitor's association with an
applicant having received a permit as set forth in this Ordinance.
SECTION 15: No person shall make or perpetrate any
mis- statement, deception, or fraud in connection with the solicitati
of any contribution for any philanthropic or religious purpose or
association, or for the application for a permit to solicit con-
tributions as set forth in this Ordinance.
SECTION 16: No permit shall be required for any
solicitation through the United States mail.
SECTION 17: No person shall use or cause to be used a
telephone to accomplish any of the acts set forth in Section 2 and
Section 3 of this Ordinance unless such person is a bona fide member
of an organization in whose name a permit has been issued pursuant
to the provisions of this Ordinance.
SECTION 18; Any permit issued by the Chief of Police of
the City of
in time and
vent shall
Vernon as provided for in this Ordinance may be restricte
in geographical area within the City of Vernon and in no
any permit be granted by the Chief of Police of the City
of Vernon for a period longer than one (1) year from the date of
6.
.1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
issuance.
SECTION 19: Each and every permit granted pursuant
to this Ordinance shall contain the following language:
"THIS PERMIT HAS BEEN GRANTED PURSUANT TO ORDINANCE
790 OF THE CITY OF VERNON, AUTHORIZING PHILANTHROPIC OR
RELIGIOUS SOLICITATION WITHIN THE CITY OF VERNON. THE
GRANTING OF THIS PERMIT DOES NOT CONSTITUTE AN ENDORSEMENT
OR RECOMMENDATION BY THE CITY OF VERNON OR ITS OFFICERS,
AGENTS, OR EMPLOYEES."
SECTION 20: The following solicitations for contribu-
tions by philanthropic or religious organizations shall be deemed
exempt from this Ordinance:
(a) Solicitation by box or receptacle in an estab-
lished place of business within the City of Vernon with
the written consent of the owner or occupant of said
premises.
(b) Vending machines wherein all or a portion of
the receipts therefrom are received by charitable groups
who have been determined to be non - profit corporations
or organizations for a period in excess of five (5)
years prior to the placing of such vending machines in
any location within the City of Vernon.
(c) The solicitation of philanthropic or religious
contributions, or the promotion of any bazaar, sale, or
exhibition or other act of appeal to the public for a
charity made by members of any religious or charitable
organization which has been in existence in and which
regularly has maintained headquarters or a place of
worship in the City of Vernon for a period of at least
five (5) years next preceding the date on which such
activity shall be begun.
SECTION 21: If any section, sub - section, sentence,
clause, phrase, or portion of this Ordinance is, for any reason,
held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect
the validity of the remaining portion or portions of this Ordinance,
and the same are deemed severable.
SECTION 22: Every violation of this Ordinance is hereby
declared to be a public nuisance.
SECTION 23: Any person, firm, or corporation violating
7.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
any of the provisions of this Ordinance shall be deemed guilty
of a misdemeanor and upon conviction thereof shall be fined in an
amount not exceeding Five Hundred Dollars ($500.00) or be
imprisoned in the County Jail of the County of Los Angeles, or
in the City Jail of the City of Vernon, as the committing magis-
trate may direct, for not more than six (6) months, or by both
such fine and imprisonment, in the discretion of the court. Each
day such violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable as such
hereunder.
SECTION 24: There being no newspaper printed, published
and circulated in the City of Vernon, the City Clerk is hereby
directed to certify to the passage of this Ordinance and shall
post the same or cause the same to be posted, in three of the
most public places in the City of Vernon, to wit: The northwest
corner of 38th Street and Santa Fe Avenue; the northeast corner
of Leonis Boulevard and Pacific Boulevard; and on the bulletin
board in the lobby of the City Hall of said City, located at
4305 Santa Fe Avenue, all in the City of Vernon, County of Los
Angeles, California; that this Ordinance shall be in full force
and effect thirty (30) days from and after the final passage of
the same.
1968.
ATTEST:
ADOPTED and APPROVED this 20th day of February
8.
l
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF VERNON )
I, F. A. ZIEMER, City Clerk of the City of Vernon, do
hereby certify that the foregoing Ordinance No. 790 was duly and
regularly introduced at a regular meeting of the City Council of
the City of Vernon, held on February 6
, 1968, and
thereafter finally adopted at a regular meeting of the City
Council, held on February 20 , 1968, by the following
vote:
AYES: Councilmen Anderson, Furlong, Mailliard,
Ybarra
NOES: Councilmen None
ABSENT: Councilmen Malburg
9.
F. A. Ziemer, City Clerk
.1
2
3
4
5
6
8
9
10
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
I, F. A. ZIEMER, City Clerk of the City of Vernon, do
hereby certify that I did, on the 21st day of February
1968, post three (3) copies of Ordinance No. 790, one in each of
the following places, to wit: At the Northwest corner of 38th
Street and Santa Fe Avenue, at the Northeast corner of Leonis
11 Boulevard and Pacific Boulevard, and on the bulletin board in the
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
lobby of the City Hall of the City of Vernon, located at 4305
Santa Fe Avenue, in said City, there being no newspaper of general
circulation printed and published in the City of Vernon.
Signed this 21st day of February
Subscribed and sworn to before me
1968.
F.
this >1 day of , 1968.
Notary Public in and for said County
and State.
L. R. BURCH
My Commission Expires Mar. 24, 1969
!e At,IKIANM
r.1 Ir.11 ON'ICI IN
LOS ANGILI$ colony
. Ziemer, City Clerk
SUPPORTING
DOCUMENTS
VERNON POLICE DEPARTMENT
4305 Santa Fe Avenue
Vernon, California 90058
APPLICATION: PERMIT FOR CHARITABLE OR RELIGIOUS SOLICITATIONS
1. Dates solicitations are to be made:
2. Organization for whom solicitations to be made:
Name:
Address: City
Phone
3. Describe method of solicitation:
4. State exact purpose for which proceeds are to be used:
5. -What is the total amount sought to be raised?
6. List bank(s) or place(s) where all or any part of the funds
raised will be on deposit:
7. What record of funds received will be kept?
8. Where will records of solicitations & funds be open to the public?
9. Expenses of Solicitations:
On a separate sheet attached to this application, as "Exhibit A,"
list all expenses of solicitations including all commissions,
costs of collection, salaries, and other items regardless from
what funds such expenses are payable.
10. Financial Statements:
On a separate sheet(s) attached to this application, as'Exhibit B,"
provide a financial statement of your last previous solicitation, .
indicating the funds solicited and for what purpose they were
spent.
11. Identification of Officers & Persons in Charge:
On a separate sheet(s) attached to this application, as "Exhibit
C," (forms will be provided by the Police Dept.), provide all
information required to identify group or organization officers
and those persons who will be in charge of activities in the
City of Vernon.
12. Location of Headquarters Offices:
National:
Address City State
State:
Address City Phone
City or County:
Address City Phone
13. Uniform and /or Identification:
Will a uniform or identification be worn or carried by the
solicitors?
Does the uniform or identification worn or carried resemble that
of any other group in this area conducting a similar type of
activity? . if yes, what group or groups does it
resemble?
1
14.
Applicant Identification:
Name: Title
Address: City
Sex Age Date of Birth Race
Hair Eyes Height Weight
Have you ever been convicted of a crime other than a minor traffic
violation (include those in which a guilty plea or plea of Nolo
Contendre was entered)?
If answer is yes, state what you were charged with, where, and dispo-
sition of the case (use extra sheets if necessary).
Phone
Date fingerprinted By whom
Are you affiliated with or working for any other organization?
If yes, state name(s)
I certify (or declare) under penalty of perjury that the foregoing is
true and correct.
Date: Signature:
Police Dept. Use Only
Permit Approved: Permit Disapproved:
Permit approved subject to following conditions:
BY
R. H. BOCKHACKER
CHIEF OF POLICE
- 2 -
VERNON POLICE DEPARTMENT
"EXHIBIT C"
1. Name Title Phone
Address City State
Sex Race Age Date of Birth
Hair Eyes Height Weight
Date Fingerprinted By whom
List crimes of which previously convicted other than minor traf-
fic violations (include those in which a guilty plea or plea of
Nolo Contendre was entered
.l. Name Title Phone
Address City State
Sex Race Age Date of Birth
Hair Eyes Height Weight
Date Fingerprinted By Whom
List crimes of which previously convicted other than minor traf-
fic violations (include those in which a guilty plea or plea of
Nolo Contendre was entered)
3. Name
Title Phone
Address City State
Sex Race Agee Date of Birth
Hair Eyes Height Weight
Date fingerprinted: By Whom
List crimes of which previously convicted other than minor traf-
fic violations (include those in which a guilty plea or plea of
Nolo Contendre was entered)
CITY COUNCIL
ROBERT J. FURLONG, MAYOR
GENEVIEVE H. ANDERSON
CHARLES H. MAILLIARD
THOMAS A. YBARRA
LEONIS C. MALBURG
TELEPHONES
CITY CLERK
POLICE DEPT.
FIRE DEPT.
BUILDING DEPT. - - -
ENGINEERING DEPT. - -
HEALTH DEPT.
583-1666
587-8135
583 -4821
583 -1666
583-1666
583 -1666
CITY HALL
4305 SANTA FE AVENUE
VERNON, CALIFORNIA 90058
January 24, 1968
City Council
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
Honorable Members:
OFFICER6
F. A. ZIEMER, CITY CLERK
L. R. BURCH, CITY TREASURER
C. H. McGOVERN, CITY ATTORNEY
ARTHUR E. NELSON, JR., CITY ENGINEER
D. D. GRAYSON, TRAFFIC ENGINEER
R. H. KING, SUPT., WATER &SEWER SYSTEMS
DR. C. E. NEMETHI, HEALTH OFFICER
VINCENT R. BUSH, BUILDING OFFICIAL
LESTER C. HOSTED, FIRE CHIEF
R. H. BOCKHACKER, POLICE CHIEF
IN REPLY REFER TO:
FEB 6 1968
FEB `? 0 196b
At the request of the City Council, Police Chief
Bockhacker and the undersigned, after discussion, have
drafted Ordinance No. 790, being an Ordinance of the City
of Vernon regulating solicitations for charitable, patriotic,
philanthropic and other purposes, and have reviewed what we
consider to be a final draft. Accordingly, we request that
the adoption of this Ordinance be placed on the next agenda
of a regular City Council meeting.
Copies of the proposed Ordinance will be supplied
to you by Mr. Ziemer.
CHM :gg
Yours very truly,
CHARLES H. McGOVERN,
City Attorney
cc: Police Chief R. H. Bockhacker