Hillsborough Municipal Code Ch. 5.16 Fundraising Events

The purpose of this chapter is to regulate the holding of fundraising events so as to avoid or minimize (1) traffic, parking and public safety problems relating to the events; (2) disturbance or inconvenience to the neighbors and the neighborhoods where the fundraising events will take place; and (3) any other adverse consequences to the public health, safety or welfare resulting from holding the events.

(Ord. 603 § 1 (part), 1999)

A. An "event" is an activity sponsored by one or more organizations, individuals, or other entities, held on one or more days at one or more locations within the town of Hillsborough to which the general public or more than thirty individuals are invited (except that in the case of an activity within the town sponsored by a public or private elementary, middle, or high school located within the town "seventy-five" shall be substituted for "thirty" in the above definition).

B. "Fundraising" means raising funds (1) for the benefit of an organization or entity with tax exempt status under section 501(c)(3), (4), or (5) of the Internal Revenue Code, or successor section, (2) for the benefit of any public or private school or any private club having an established, nonresidential location in town, or (3) for a candidate for public office, for a political party or other political organization, or to support or oppose a ballot measure.

C. "Political fundraising" means the fundraising described in subsection B(3) of this section.

D. Notwithstanding subsection B of this section, a "fundraising event" shall not include fundraisers held by a public or private school on the school's own grounds that are primarily aimed at and for the most part involve only the school's own community (e.g., the school's students and the students' family members, the school's teachers and other staff). Examples of the kinds of events intended to be excluded by this subsection from the permit requirements of this chapter are bake sales, pancake breakfasts, canned goods drives, toy collections, hot lunches, book fairs, school dances, script sales, jog-a-thons, theatrical events (plays, concerts, dances, choral performances), T-shirt sales, collections for national and international relief efforts, sales of produce raised on school grounds, and computer fairs.

The key elements of the fundraisers intended to be excluded by this subsection from the permit requirements of this chapter are that the fundraisers have little or no impact on parking and traffic outside of the school grounds and are generally integrated into the day-to-day school schedule and are generally part of the traditional school experience.

The fundraisers excluded by this subsection from the permit requirements of this chapter contrast with major fundraisers designed to attract the attendance of significant numbers of the public at large, i.e., outside the school's own community, instead of or in addition to attendance by family members of school students, and raise substantial funds for the school. Such major fundraisers typically are organized and conducted by adults and not by the students themselves and are not part of the day-to-day school schedule and experience. Such major fundraisers are subject to the permit requirements of this chapter.

(Ord. 603 § 1 (part), 1999)

A. Subject to the provisions of subsection B of this section, it is unlawful for any person, organization, society, association, corporation, or any agent or representative thereof, (hereafter "applicant") to hold a fundraising event in any residence, private school, private club, or public building or place, including, without limitation, public streets or rights-of-way in the town, (but not including public school grounds) unless the applicant has first obtained a permit for such event under this chapter.

B. Notwithstanding subsection A of this section, except for the requirement to pay for the services provided by the Hillsborough police department and Central County Fire, as set forth in Sections 5.16.040(C) and (D) of this chapter, and to provide the information described in Section 5.16.040(E) of this chapter, as applicable to the particular event, to the Hillsborough police department and Central County Fire, this chapter shall not apply to any fundraising event involving the services of the United States Secret Service or the services of counterpart federal, state or local law enforcement agencies providing security services to elected officials or foreign dignitaries.

(Ord. 661 § 9 (part), 2005; Ord. 603 § 1 (part), 1999)

A. Any applicant seeking a permit under Section 5.16.030 of this chapter shall file with the city clerk a written application, under oath, on the standard form prescribed and furnished by the town, by the following deadline as applicable:

The city manager may for good cause reduce the number of days in the deadline for a given application, provided that, in the city manager's opinion, a reasonable time is allowed to make necessary studies, reports, and give adequate notice, if required.

B. The application shall be accompanied by a fee in an amount set from time to time by resolution of the city council and determined by the city council to be a reasonable fee for covering the town's costs associated with the event, including, but not limited to, the costs of processing the application and giving the required notice, if any.

C. If the fundraising event involves the installation of one or more tents, the applicant shall be responsible for paying the town the required tent permit fees and standby firefighter fees, if applicable, in accordance with the town's fee schedule and the Uniform Fire Code.

D. In the case of any fundraising event described in Section 5.16.030(A) or (B) of this chapter, the owner of the property (or renter or lessee of the property, if the owner is not the resident) at which the fundraising event will be held shall pay the town a fee for the town's costs of providing police personnel and police services in connection with the fundraising event. The town's police department shall determine the specific services and personnel reasonably needed for security, traffic control, crowd control and related purposes for the fundraising event. The applicable fees shall be set forth from time to time by resolution of the city council and shall be paid prior to the issuance of the permit, in the case of a fundraising event described in Section 5.16.030(A) of this chapter, or at least three working days prior to the date of the fundraising event, in the case of a fundraising event described in Section 5.16.030(B) of this chapter.

E. Among the information to be provided on the application shall be the following:

1. The names, addresses and telephone numbers of (a) the organization(s) and person(s) conducting the fundraising event, (b) the officers of the organization(s), (c) the person(s) specifically responsible for the event, and (d) emergency telephone numbers and cell phone or pager numbers of persons to be contacted in case of emergency;

2. Whether the applicant is an organization or entity with tax-exempt status under Section 501(c)(3), (4) or (5) of the Internal Revenue Code, or successor section;

3. The purpose or object of the fundraising event and the name(s) of any person, organization or entity benefiting from the event;

4. The location(s), date(s) and time during each day when the event is to be conducted, giving the beginning and ending dates, including, where applicable, the street address(es) of the residence(s) to be used for the event with the name(s) of the owner(s) of the property(ies) and, if any residence is leased, the name(s) of the lessee(s);

5. Number of guests expected per location per day; arrangements as to ticket sales, parking, transportation, traffic, tents (including how many tents and from which tent company), food and music; floor plan or layout of the house, tent(s), garden, grounds, etc., as applicable, where the event will be held (with dimensions in square feet and indicating all exits in addition to the other layout features); and related matters. (Tents will require an inspection by the Central County Fire and the obtaining of a building permit and possibly an electrical and/or mechanical permit, as applicable. A traffic permit (at no additional cost) from the Hillsborough police department is also required);

6. With respect to events described in Section 5.16.030(A) or (B) of this chapter, if the services of the Hillsborough police department for security, traffic and crowd control, and/or related purposes will be utilized, the number of mailings to be sent out, the expected response rate to such mailings, the names of any Hollywood or other celebrities who will be in attendance and whether their attendance will be advertised or otherwise made known to the general public, the names of any other persons known to the general public who will be in attendance and whether their attendance will be advertised or otherwise made known to the general public, and any other information which the applicant believes would be helpful to the town in assessing (a) the nature of the expected attendees, (b) the potential public interest in the expected attendees, (c) the potential for uninvited members of the public coming to or near the location of the fundraising event, and (d) the level and nature of police services that will be needed for security, traffic and crowd control, and related purposes. (If disclosure on the application of the names of celebrities or other persons known to the general public who may be attending would potentially create problems as to security, crowd control, etc., the applicant may indicate on the application that the names will be provided directly to the city clerk in lieu of being included on the application);

7. The time and acts required to ready the residence(s) and other location(s) for the event and the time and acts required following the event to restore the regular use of the residence(s) and other location(s);

8. Such other information as may be deemed necessary by the town relative to the event for purposes of managing traffic, parking, public health or safety, and/or disturbance or inconvenience to neighbors and the neighborhood.

F. If the applicant wishes to erect one or more signs advertising the fundraising event, the following requirements shall apply:

1. The applicant shall complete the event sign portion of the fundraising event permit application and submit the event sign filing fee, where applicable, in the amount set from time to time by resolution of the city council.

2. Fundraising event signs that have been previously approved by the city council in connection with a prior holding of the same fundraising event may be used for subsequent holdings of the same event without further approval or fee payment. The applicant shall indicate on the fundraising event permit application that the sign in question is the exact same sign (either the actual sign or a virtually exact replica) that was previously approved for the event by the city council.

3. Fundraising event signs not previously approved by the city council shall not be posted until such approval has been granted. The applicant shall provide the following information on the fundraising event permit application with respect to the proposed sign(s):

a. Location(s) where sign(s) to be posted;

b. Dimensions, colors and materials;

c. Copy of the proposed sign(s);

d. Where applicable, written permission from the home owner or, if the home owner is not the occupant, from the occupant, authorizing the placement of the fundraising event sign on such person's residential property.

4. The restrictions as to dimensions and coloring set forth in Section 10.80.030 of this code shall not apply to fundraising event signs.

5. The city council may approve, reject or modify the applicant's request based on the effect on the public safety and welfare.

6. Approved fundraising event signs may be put up no sooner than three weeks before the event begins and shall be taken down no later than one week after the event ends.

(Ord. 661 § 9 (part), 2005; Ord. 639 § 3, 2003; Ord. 603 § 1 (part), 1999)

No person, organization, or other entity shall make or perpetuate any misstatement, deception or fraud in connection with any application made under this chapter.

(Ord. 603 § 1 (part), 1999)

Once filed, the application, together with the reports subsequently obtained under Section 5.16.080, shall become and remain a public record open to the inspection of all persons.

(Ord. 603 § 1 (part), 1999)

The city manager or the city manager's designee shall have the power and authority to verify the information in the application and, as specifically authorized on a case by case basis by the city council (or by the mayor or, in the mayor's absence and if it is not practical to wait for the next meeting of the city council, by the vice-mayor), to have access to and make copies of all pertinent books, records, and papers of the applicant relevant to the information required in the application.

(Ord. 603 § 1 (part), 1999)

Upon receipt of the application, the city clerk shall review it for sufficiency and shall obtain, as necessary, reports from the Central County Fire, police and building departments as to the parking, traffic, public safety and related impacts that the event will create. If, based upon these reports and upon town staff's verification, as deemed necessary, of the information contained in the application, the city manager or the manager's designee determines that holding such event is not incompatible with the public health, safety and welfare of the town and its residents and property owners and would not unreasonably affect nearby neighbors' ability to enjoy their own property (such determination to include a reasonable balancing of the applicant's needs and interests and the neighbors' needs and interests), the city manager or the manager's designee shall act on such application as follows:

A. If a Category I event, issue a permit, subject to such conditions, if any, as deemed necessary to meet the purposes set forth in Section 5.16.010 of this chapter;

B. If a Category II event, set the application for approval by the city council at the next regular meeting whose date allows time for a type A notice to be given pursuant to Chapter 1.20 of this code. At the meeting, the city council shall consider any objections to the application and shall grant or deny the application or grant it with conditions, as consistent with the purposes set forth in Section 5.16.010 of this chapter.

(Ord. 661 § 9 (part), 2005; Ord. 603 § 1 (part), 1999)

(Ord. No. 733, § 1, 3-14-2016)

A. Any decision of the city manager or his designee to issue or not issue a permit, to impose or not impose a condition relative to the permit, or to suspend or revoke or not suspend or revoke a permit under this chapter may be appealed to the city council by the applicant or by any other person, organization, or entity affected by the decision.

B. Any decision by the city manager or his designee not to set for approval before the city council an application for a Category II event may be appealed to the city council by the applicant.

C. Any decision of the city council made under this chapter may be appealed by the filing by the applicant (or by any other person, organization or entity affected by the decision) of a request for reconsideration by the city council.

D. Any such appeal or request for reconsideration shall be made in writing and filed with the city clerk within ten days after the particular decision was made. The city clerk shall set the matter for hearing by the city council at the next regular council meeting at which the matter can be placed on the agenda in conformance with the time requirements of applicable law and as necessary to allow sufficient time for staff reports and recommendations to be prepared.

E. The city council's decision as to any such appeal or request for reconsideration shall be final. Any decision by the city council for which a timely appeal or request for reconsideration is not made shall be final upon the expiration of the deadline for filing an appeal or request for reconsideration.

(Ord. 603 § 1 (part), 1999)

(Ord. No. 733, § 2, 3-14-2016)

In making any decision under this chapter, the city council shall consider the public health, safety, and welfare of the residents and property owners of the town, including, but, not limited to, whether the event applied for will unreasonably and adversely affect nearby neighbors' use of their property. The city council shall also consider the applicant's needs and interests and shall strive to achieve a reasonable balance among these various factors.

(Ord. 603 § 1 (part), 1999)

Upon the filing of a written complaint with the city manager, or upon the city manager's own initiative, if it is found that any applicant has misrepresented any fact or made any untrue statement in connection with the application for a permit under this chapter or is violating any condition of the permit, the city manager may suspend or revoke the permit.

(Ord. 603 § 1 (part), 1999)

Except as allowed under this chapter or elsewhere in this code or as otherwise allowed by law, no event to raise funds shall be conducted within the town.

(Ord. 603 § 1 (part), 1999)

Violation of any provision of this chapter or of any permit issued under this chapter shall be a misdemeanor.

(Ord. 603 § 1 (part), 1999)