Maywood Municipal Code Art. 1 Charitable and Religious Organizations

* Sections 5-19.101 through 5-19.110, codified from Ordinance No. 537, as amended by Ordinance Nos. 553 and 78-175, effective September 21, 1978, repealed by Ordinance No. 81-229, effective June 11, 1981.

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:

(a) "Charitable" shall mean and include patriotic, philanthropic, social service, welfare, benevolent, educational, civic, or fraternal organizations, either actual or purported.

(b) "Contribution" shall mean and include alms, food, clothing, money, property, subscription, or pledge and also donations under the guise of loans of money or property.

(c) "Person" shall mean any individual, firm, copartnership, corporation, company, association, joint stock association, church, religious sect, religious denomination, society, organization, or league and shall include any trustee, receiver, assignee, agent, or other similar representative thereof.

(d) "Promoter" shall mean any person who promotes, manages, supervises, organizes, or attempts to promote, manage, supervise, or organize a campaign of solicitation.

(e) "Religious" and "religion" shall not mean and include charitable, as defined in subsection (a) of this section, but shall be given the interpretation established by the Supreme Court of the State or of the United States.

(§ 2, Ord. 81-229, eff. June 11, 1981)

(a) Required. No person, without first having applied for and received a permit from the City as provided in this article, or exempt as provided in this section, shall make any appeal to the public for a charity or charitable or religious purpose, either by soliciting or collecting gifts, contributions, donations, or subscriptions, or tickets or admission to any event not regularly conducted for profit, or by promoting or conducting any sale, bazaar, or exhibition, or by any other means whatsoever at any place or to any person in the City.

(b) Exemptions. 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 in, and which regularly has maintained headquarters or a place of worship in, the City for a period of at least two (2) years preceding the date on which such activity shall be begun provided the City has issued a permit authorizing the conducting or carrying on of such activity by such organization in prior years and no cause for revocation or denial exists. Entities covered by such exemption shall notify the Chief of Police of any sale, event, or solicitation not less than ten (10) days prior to its commencement. The provisions of subsection (a) of this section shall not apply to any organization operating exclusively for religious or charitable purposes and not operating for the pecuniary profit of any person if the solicitations are conducted among the members thereof by other members or officers thereof, voluntarily and without remuneration for making such solicitations, or if the solicitations are in the form of collections or contributions at the regular assemblies or services of any such organization; provided, however, proof of such exemption may be required by the Chief of Police.

(§ 2, Ord. 81-229, eff. June 11, 1981)

Any person or organization seeking to solicit funds as defined in Section 5-19.101 of this article shall apply to the Chief of Police for a permit using the forms supplied by the City.

(a) Time for applications. Charitable organizations shall apply for a permit thirty (30) days prior to the intended date of the commencement of the solicitation. For religious organizations, the application shall be filed ten (10) days prior to the commencement of the solicitation.

(b) Application form. The application shall set forth the following information:

(1) The name and address of the applicant and whether the applicant is affiliated with or working for any other organization than the one for which the solicitation is intended;

(2) The location of the national, State, and local headquarters, if any;

(3) The names and addresses of all persons directly interested in or who in any manner will be engaged in the work;

(4) The exact purpose for which the proceeds of the solicitation, sale, bazaar, exhibition, promotion, amusement, show, lecture, entertainment, or other enterprise, or any part thereof, are to be used, including the manner in which and the amount of any compensation, including percentage compensation, intended to be paid to any person, firm, association, or corporation out of such proceeds;

(5) A short description of the manner by which the funds will be solicited;

(6) What records will be kept of the funds received and the manner of request necessary for the inspection of such records;

(7) A statement that the issuance of the permit by the City does not constitute endorsement by the City of the applicant or its programs;

(8) Whether or not the applicant, or any of the persons to be involved in the proposed solicitation (including affiliated organizations), has ever been convicted of a crime involving solicitation and, if so, a description of the facts and disposition of each such conviction;

(9) Whether the uniform or identification worn or carried resembles that of any other group in the area conducting a similar type of activity;

(10) Such other information with respect to the character and past and proposed activity of the applicant and the persons directly interested in or engaged in the work as may be necessary to enable the Chief of Police to make a full and complete investigation; and

(11) The requested duration of the permit, together with the applicant's preferred dates and hours of the date for the commencement of the solicitation.

(§ 2, Ord. 81-229, eff. June 11, 1981)

The Chief of Police shall investigate all applications in order to insure compliance with this article. In order to determine the lawful status of the applicant, and that the persons who are to solicit are authorized by the applicant to do so, the applicant shall make available, upon the request of the Chief of Police, copies of its articles of incorporation, bylaws, constitution or charter, or Internal Revenue Service or Franchise Tax Board determination letters, or similar records if the applicant is unable to furnish the above-described records. Failure to make such information available within three (3) days after a request by the Chief of Police shall automatically result in the denial or revocation of the permit.

(§ 2, Ord. 81-229, eff. June 11, 1981)

The Chief of Police shall issue the permit unless any of the following has been demonstrated:

(a) That any statement made in the application is factually incorrect and the correct information was reasonably available or known to the applicant;

(b) That the proposed solicitation will violate any of the requirements of this article; or

(c) That the applicant has not provided the information required by this article.

(§ 2, Ord. 81-229, eff. June 11, 1981)

The Chief of Police shall either grant or deny the requested permit within ten (10) days after the date the application is made. In the event the Chief of Police fails to act within the time prescribed, the permit shall be deemed granted.

In the event the Chief of Police denies a permit to any applicant, the Chief of Police shall give the applicant a written notice, stating with specificity the reasons for such denial. Such decisions may be appealed to the Council pursuant to this article.

(§ 2, Ord. 81-229, eff. June 11, 1981)

Religious solicitations pursuant to permits issued pursuant to Section 5-19.105 of this article:

(a) Shall take place only between the hours of 9:00 a.m. and 7:00 p.m.;

(b) Shall not be conducted by any person under the age of fourteen (14) 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;

(d) Shall not involve misrepresentation of the purpose for which the funds are to be used; and

(e) Shall not obstruct the use or free passage upon public streets, sidewalks, or facilities.

(§ 2, Ord. 81-229, eff. June 11, 1981)

Whenever it shall be shown that any person to whom a permit has been issued pursuant to Section 5-19.105 of this article has violated any of the provisions of this article, the Chief of Police shall suspend the permit after giving written notice to the permit holder of not less than two (2) business days, in person or by certified, return receipt, special delivery mail of the proposed revocation, mailed to the address listed in the application for the permit, stating with specificity the reason for such proposed revocation.

(§ 2, Ord. 81-229, eff. June 11, 1981)

Any applicant or permit holder aggrieved by any action of the Chief of Police to deny, revoke, or refuse to renew a permit issued pursuant to Section 5-19.105 of this article may appeal to the Council by filing with the City Clerk a request for such appeal in writing within ten (10) days after the decision of the Chief of Police. The Council shall hear the appeal at its next regular meeting after the filing thereof. At the time of the appeal hearing the Council shall hear all relevant evidence and shall determine the merits of the appeal and render a decision thereon within five (5) business days following the hearing.

In the event the Council affirms the decision of the Chief of Police, the appellant shall be given written notice thereof within two (2) days thereafter stating, with specificity, the reasons for the decision. The action of the Council shall be final and appealable to the Superior Court of the State pursuant to Section 1094.6 of the Code of Civil Procedure of the State as the same is now constituted or as hereafter amended.

(§ 2, Ord. 81-229, eff. June 11, 1981)