Colton Municipal Code Ch. 5.04 Charitable and Religious Solicitations

The City Council expressly finds that in order to protect the citizens of Colton from injury and to prevent fraudulent solicitation, for religious or charitable purposes, and further to prevent wrongful diversion of funds to purposes other than those represented and to secure the citizens of Colton against waste, and in the interest of public safety, peace, comfort and convenience, certain requirements are established as a condition precedent to any Person soliciting for the aforesaid purposes in the City.

(Ord. 1195 § 1, 1964)

Any Person seeking to make any Appeal to the public collectively or in groups, or to individuals for a charitable or religious purpose by soliciting, collecting gifts, contributions, donations or subscriptions, or by promoting or conducting any Sale, bazaar, or exhibition, or by any other means whatsoever, Shall establish his identity, his authority to act for the cause which he represents and the time and manner thereof pursuant to the procedure Following for the purpose of obtaining a Permit from the City so to do.

(Ord. 1195 § 2, 1964)

Any Person hereinafter referred to as Applicant desiring to do any of the Acts mentioned in Section 5.04.020 above Shall file an Application in the form of a declaration with the Chief of Police. Such Application Shall set forth the Following information:

A. The full name and address of the Applicant and whether he is or has been known under any other name;

B. The full name and address of the Person for whom he is soliciting;

C. Names and addresses, if any, of any other Person with whom Applicant is affiliated or for whom working;

D. The Days and hours he Shall solicit;

E. The purpose or purposes for which all proceeds of the solicitation are to be Used;

F. Whether records of the result of each Person soliciting are to be kept and if so, where;

G. Whether Applicant has been arrested or convicted of a crime other than traffic Violations;

H. The source and amount of compensation paid to the Applicant for such solicitation and whether he Shall receive a percentage of any solicitations;

I. Whether any Part of the results of the solicitation Shall be paid over to a Person other than the Applicant and if so, the Part or percentage thereof;

J. A statement as to that Part or portion or whether the entirety thereof of such contribution Shall be made available for the specific purpose of such solicitation.

(Ord. 1195 § 3, 1964)

The Chief of Police, upon receipt of an Application complying with the requirements of Section 5.04.030 and containing the information required hereby Shall conduct such investigation as he May deem necessary.

(Ord. 1195 § 4, 1964)

Upon receipt of an Application, the Chief of Police May issue a temporary Permit pending completion of his investigation. Such Permit Shall be revocable at anytime and Shall not be granted for a period exceeding sixty Days.

(Ord. 1558 (part), 1979: Ord. 1535 § 2 (part), 1978)

Should the Chief of Police, after a complete investigation of the Applicant and of the representations contained in the Application, be of the opinion that the Applicant has not stated true facts in his Application, or that if a Permit should be granted to the Applicant a fraud in all probability would be perpetrated upon the public, the Chief of Police May refuse to issue such a Permit to such Applicant.

Should the Chief of Police be satisfied that the Application is truthful, that the Applicant is acting in good faith and that in all probability a fraud would not be perpetrated upon the public, a Permit Shall be issued to such Applicant for such period of time as the Applicant May request; provided, however, that no Permit Shall be valid for a period of more than six Months from the date of issuance; and provided further that as a condition to granting such Permit the Chief of Police Shall require the Applicant to pay a sum to be determined by Resolution of the City Council for each Applicant to defray costs of such investigation.

(Ord. 1535 § 2, 1978: Ord. 1195 § 5, 1964)

No Permit Shall be required for the solicitation of gifts, contributions, donations or subscriptions, or the promotion of any bazaar, Sale, or exhibition or other Act of Appeal to the public for a charity, made by the members of any religious or charitable organization which has been in existence and which regularly has maintained headquarters or a Place of Worship in the City for a period of at least one Year next Preceding the date on which such activity Shall be initiated; or Shall have a supervising organization or Committee or the membership in whole or Part Shall consist of or be open to Residents of the City and benefits therefrom Shall inure in whole or Part to Residents of the City.

(Ord. 1195 § 6, 1964)

Any Permit issued May be revoked if the Permittee is not operating in accordance with the Application pursuant to which such Permit was issued or if further activity of the Permittee would operate to defraud the public. Such revocation May be made by a registered letter signed by the City Manager at the direction of the Chief of Police and directed to the address of the Applicant as stated upon the Application pursuant to which the Permit was issued. The Permit Shall become null and void on and after the third Day from the date after which the letter is deposited in the United States Post Office in Colton.

(Ord. 1408 §§ 1 (part), 2 (part), 1972; Ord. 1195 § 7, 1964)

No Permit Shall be required for any solicitation through the United States mail.

(Ord. 1195 § 8, 1964)

No Person Shall Use or cause to be Used a telephone to accomplish any of the Acts set forth in Section 5.04.010 unless such Person is a bona fide member of an organization as described in Section 5.04.060 above; and provided further, that such Person making such solicitation does not receive any compensation therefor.

(Ord. 1195 § 9, 1964)

No Permit as herein contemplated Shall be issued to allow solicitations before nine a.m. in the morning or after sundown.

(Ord. 1195 § 14, 1964)

Any Person violating any of the provisions of this chapter Shall, upon conviction thereof, be punished by a fine not to exceed one hundred dollars, or by imprisonment not to exceed sixty Days, or both such fine and imprisonment.

(Ord. 1195 § 10, 1964)