HomeMy WebLinkAboutOrdinance #2266 ORDINANCE NO.2266
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY AMENDING SECTIONS 9. 64. 010, 9. 64. 020 AND
9. 64. 03011_ AND ADDING TO CHAPTER 9. 64 SECTIONS
9. 64. 070 AND 9. 64.080 REGULATING CHARITABLE
SOLICITATION IN SAID CITY
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1. The Huntington Beach Municipal Code is hereby
amended by amending Sections 9. 64. 010, 9. 64. 020 and 9. 64. 030
to read as follows :
9. 64. 010 Definitions . Unless the provisions of this
chapter or the context otherwise requires :
(a) "Agent" shall include employee, representative and
any person soliciting orders or subscriptions or making sales
on a commission basis .
(b) "Canvasser" means any person not having an established
place of business in the city who, for himself, or as an agent
of another, goes from house-to-house or upon the public streets
and sidewalks or any place open to the public for the purpose of
soliciting contributions for charitable or religious purposes ,
orders , subscriptions or sales of or for any goods , wares , mer-
chandise or product , of any nature or description, for immediate
or future delivery, whether or not advance payments are col-
lected at the time the order of subscription is taken or the
sale made. "Canvasser" also means and includes "peddler" and
"solicitor" as defined in Title 5 of the Huntington Beach
Municipal Code, as amended.
(c) "Established place of business" means a place where any
person, firm or corporation conducts a retail or wholesale busi-
ness or other establishment having a permanent address and li-
censed by the city to conduct a business and being regularly
open for business from day-to-day during ordinary business hours .
9. 64 . 020 Registration--Required. It is unlawful for any
canvasser to go from house-to-house or upon the public streets
and sidewalks or any place open to the public for the purpose
f -
o soliciting contributions to be used for charitable or reli
MT:ahb
1.
gious purposes , orders , subscriptions or sales of or for any
goods, wares , merchandise or product of any nature or descrip-
tion for immediate or future delivery whether or not advance
payments are collected at the time the order or subscription is
taken or the sale made, unless he shall have previously registered
with the chief of police of the city in the manner hereinafter
specified.
9. 64. 030 Registration--Statement . Every canvasser shall,
before commencing any solicitations of contributions for re-
ligious or charitable purposes , or solicitations for any other
purpose, or making any sales in the city, personally appear
before the chief of police of the city or his authorized rep-
resentative, and file with the police department a registra-
tion statement containing at least the following information:
(a) Name in full;
(b) Address , both permanent and temporary of the canvas-
ser;
(c) Whether or not the registrant has been convicted of
a felony, a crime involving theft or larceny or a crime in-
volving moral turpitude;
(d) The articles or products to be sold or for which orders
or subscriptions are to be solicited;
(e) The charitable or religious organizations for which
contributions are to be solicited;
(f) If the canvasser is acting as an agent for another
person, firm, corporation, charitable or religious organiza-
tion, the name and address of such person, firm, corporation,
charitable or religious organization and a description of the
contract or other document authorizing him to act as such agent
or representative;
(g) The period during which the solicitations are to be
made;
(h) In addition to the registration statement as herein
required, every canvasser shall at the time of the filing of
the registration, permit and allow the chief of police or his
authorized representative to take his or her fingerprints and
photograph.
SECTION 2. The Huntington Beach Municipal Code is hereby
amended by adding Sections 9. 64. 070 and 9. 64. 080 to read as
follows :
2 .
9. 64. 070 Soliciting--Written consent required. No per-
son shall seek, beg, solicit custom, patronage, alms or do-
nations for himself or on behalf of any person or organization,
or distribute any handbills or advertising matter upon the prem-
ises or grounds of any hotel, apartment house, bungalow court ,
office building, or shopping center without first having secured
the written consent to do so from the owner, lessee, managing
agent or person having charge of the operation thereof.
9. 64 . 080 Soliciting on city property. No person shall
seek, beg, or solicit custom, patronage, sales , alms or do-
nations for himself or on behalf of any person in any manner
or for any purpose in any building, or in or on any property
or premises under the control of this city, including the city
beaches , without the written permission of the chief of police.
SECTION 3. This ordinance shall take effect thirty days
after its adoption. The City Clerk shall certify to the pas-
sage of this ordinance and cause same to be published within
fifteen days after adoption in the Huntington Beach News , a
weekly newspaper of general circulation, printed and published
in Huntington Beach, California.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 6th
day of February 1978.
r
Mayor
ATTEST: APPROVED AS TO FORM:
ALICIA M. WENTWORTN
City Clerk
Deputy City Clerk ity or m-r
REVIEWED AND APPROVED: INITIATED AND A ROVED:
Citt Administrator Chie f Police
3.
Ord. No. 2266
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on thel6th day of January
1978 , and was again read to said City Council at a regular
meeting thereof held on the 6th day of February 1978 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Bartlett, Wieder, Gibbs, Siebert, Pattinson
NOES: Councilmen:
None
ABSENT: Councilmen:
Coen, Shenkman
ALICIA M. WENTWORTH
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
By:
Deputy
1, Alicia M. Wentworth CITY CLERK of the City of
Huntin ton Reach and ex•officio Clerk of the City
Council, d • h,reby certify that this ord nnira has
been �pubhshad in the Huntington Leach Dew�fsoh
In accordla4ce'Mt �h,�,�tjt!LcSparter lll via d,Ey.
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City Claris
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