Hawaiian Gardens Municipal Code Art. III Religious Solicitations

No person shall, directly or indirectly, solicit or authorize any other person to solicit contributions for any religious purposes within the City without a permit therefore as provided by this chapter.

(Ord. 412 § 3, 1993)

The provisions of this chapter shall not apply to any person where religious solicitations are conducted among the members thereof by other members, whether at regular assemblies or services or otherwise.

(Ord. 412 § 3, 1993)

An application for a religious solicitation permit shall be made to the City Administrator upon forms prescribed by him. The application shall be sworn to or affirmed and filed with the City Administrator not less than ten days prior to the time at which the permit applied for shall become effective; provided, however, the City Administrator may for a good cause shown allow such filing less than ten days prior to the effective date of the permit applied for.

(Ord. 412 § 3, 1993)

The application shall contain the following information:

A. Name, address and principal office of the person applying for the permit;

B. If the applicant is not an individual, the names and addresses of the applicant's principal officers and executives;

C. A statement that the purpose for which the solicitation is made is exclusively for and in connection with the exercise of religion;

D. The total amount of funds proposed to be raised by solicitation;

E. The name and address of the person or persons who will be in charge of conducting the solicitation and the names of all fundraisers connected with or to be connected with the proposed solicitation;

F. A short outline of the method or methods to be used in conducting the solicitation;

G. The time when such solicitations will be made, giving the preferred dates and hours of the day for the commencement and termination of solicitation;

H. A statement to the effect that if a permit is granted it will not be used or represented in any way as an endorsement by the City or any department or officer thereof. If while the application is pending or during the term of any permit granted there is a change in fact, policy or method that would alter the information to be given in the application, the applicant shall notify the City Administrator in writing thereof within 24 hours after such change.

(Ord. 412 § 3, 1993)

The City Administrator shall investigate all applications to the extent he/she deems necessary for him/her to perform his/her duties under this chapter. Upon request by the City Administrator, applicant shall make available for inspection at any reasonable time before the application is granted or during the time the permit is in effect, which books, records and papers will be inspected solely for the determination of factual accuracy of the information available within ten days at the City Administrator's request to inspect same shall automatically result in revocation of the permit.

(Ord. 412 § 3, 1993)

Solicitations pursuant to the permit hereunder:

A. Shall take place only between the hours of 9:00 a.m. and 5:00 p.m.;

B. Shall not be conducted by any person under the age of 16 years;

C. Shall not be made at any house, apartment or other dwelling to which is affixed a sign indicating "No Solicitors" or similar indication that no solicitation contact is desired by the occupant thereof.

(Ord. 412 § 3, 1993)

The City Administrator must issue the permit unless any of the following have been demonstrated:

A. That any statement made in the application is factually incorrect;

B. That the proposed solicitation will violate any of the requirements of Section 5.06.540;

C. That applicant has not provided the information required by this chapter.

(Ord. 412 § 3, 1993)

The City Administrator shall either grant or deny the requested permit within ten days of the date the application is made. In the event the City Administrator fails to act within the time prescribed, the permit shall be deemed granted.

(Ord. 412 § 3, 1993)

On the expiration of any permit, and if requested in writing to do so, the City Administrator must renew the permit within ten days of such request, if the factual information upon which the original application was granted remains unchanged and no violations have been committed. Upon such request for renewal applicant must state that no change has occurred since issuance of the original permit.

(Ord. 412 § 3, 1993)

Permits issued under this chapter shall bear the name and address of the person to whom it is issued, the number of the permit, the date issued, the dates within which the permit holder may solicit and the statement that the permit does not constitute an endorsement by the City or any of its departments, officers or employees of the purpose of or for the person conducting the solicitation.

(Ord. 412 § 3, 1993)

Permits issued under this chapter shall be valid for a period of 30 days unless renewed, revoked or suspended pursuant to the provisions hereof.

(Ord. 412 § 3, 1993)

No permit issued under this chapter shall be transferred or assigned and any such attempt of assignment or transfer shall be void.

(Ord. 412 § 3, 1993)

All persons to whom permits have been issued under this chapter shall furnish proper credentials to their agents and solicitors for such solicitation. The credential shall include the name of the permit holder, the date, a statement of the religious purpose of the solicitation, signature of the permit holder or its executive officer and the name and the signature of the solicitor to whom such credentials are issued and the specific period of time during which the solicitor is authorized to solicit on behalf of the permit holder. No person shall solicit under any permit granted under this chapter without credentials required under this chapter.

(Ord. 412 § 3, 1993)

In the event the City Administrator denies a permit to any applicant, the City Administrator shall give the applicant a written notice, stating with specificity the reasons for such denial.

(Ord. 412 § 3, 1993)

Whenever it shall be shown that any person to whom a permit has been issued has violated any of the provisions of this chapter, the City Administrator may revoke such permit and the exempt license issued thereunder. The revocation shall be in accordance with the procedure set forth in Chapter 1.14.

(Ord. 412 § 3, 1993)

Any person aggrieved by a decision of the City Administrator with respect to the issuance or refusal to issue such license may appeal to the City Council by filing a notice of appeal pursuant to Chapter 1.14.

(Ord. 412 § 3, 1993)

Any person receiving money or anything of value in excess of $5.00 from any contributor by means of solicitation made pursuant to a permit shall give each contributor a written receipt signed by the solicitor showing plainly the name and the permit number of the person under whose permit the solicitation is conducted, the date and the amount received; provided, however, this section shall not apply to any contribution collected by means of a closed box or receptacle where it is impractical to determine the amount of such contributions.

(Ord. 412 § 3, 1993)

No person to whom a permit has been issued nor any agents or solicitors of such person:

A. Shall affix any object to the person of any contributor or member of the public without first receiving express permission therefor;

B. Shall persistently and importunately request any donation from any member of the public after such member of the public expresses his/her desire not to make a donation; and

C. Shall intentionally and deliberately obstruct the free movement of any person on any street, sidewalk, or other public place or any place open to the public generally.

(Ord. 412 § 3, 1993)