Loading...
O-159-C · e CODE ORDINANCES N~ 459 ORDINANCE NO. 159-C AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, REGULATING SOLICITATIONS FOR CHARITABLE, PAT- RIOTIC, PHILANTHROPIC AND OTHER PURPOSES: RE- QUIRING REGISTRATION OF THOSE ENGAGED IN SOLI- CITATIONS FOR ANY PURPOSE: PROHIBITING SOLICI- TATIONS BY FALSE OR FRAUDULENT STATEMENTS: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING FOR AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION. THE CITY COUNCIL OF TilE CITY OF CLERMONT HEREBY ORDAINS THAT: SECTION 1. Solicitations permit required. No person shall solicit contributions for any charitable, religious, philanthropic or other purpose within the City of Clermont without a permit from the City Manager authorizing such solicitation. Provided, however, that this section shall not apply to solicitations conducted among the members of organizations or if the solicitations are in the form of collections or contributions at the regular assemblies or services of any establishment. SECTION 2. Application for permit. An application for a permit to solicit as provided by Section 1 of this Ordinance shall be made to the City Manager upon forms provided by the City of Clermont. Such application shall be filed with the City Managër at least 7 days prior to the time at which the permit applied for shall become effective; provided, however, that the City Manager may, for good cause shown, allow the filing of an application less than the 7 days herein prescribed. The application herein required shall contain the purpose for which such solicitation is to be made, an outline of the method or methods to be used in conducting the soli- tations; the time when such solicitations shall be made giving the dates for the beginning and ending of such solicitation; a statement of the character and nature of the charitable or religious work or other types of work for which the solicitations are made, done by the applicant; such other information as may be reasonably required by the City Manager in order to determine the kind and character of the proposed solicitation and whether such solicitation is in the interest of the public welfare. . . CODE ORDINANCES ORDINANCE NO. 159-C N~ 460 SECTION 3. Standards for City Manager in granting or denying applications for permits. The City Manager shall issue the permit provided for in Section 1 hereof whenever he shall find the following: 1. That all of the statements made in the application are true; 2. That the applicant has a good character and reputation for honesty and integrity; 3. That the control and supervision of the solicitation will be under responsible and reliable persons; 4. That the applicant has not engaged in any fraudulent trans- åëíiöti or enterprise and that the solicitation will not be a fraud on the public; 5. That the solicitation is prompted by a desire to finance the charitable or religious cause described in the application and will not be conducted primarily for private profit. SECTION 4. Denial of application. If the application does not meet the requirements enumerated in Section 3, the City Manager shall deny the applicatÅ“on. Any decision of the City Manager to deny an application may be appealed to the City Council. SECTION 5. Revocation of permits. Whenever it shall be shown or whenever the City Manager has knowledge that any person to whom a permit has been issued under this Ordinance has violated any of the provisions hereof or that any promoter, agent or solicitor has misrepresented the pur- þò§j ôf the solicitation, the City Manager shall immediately suspend the permit and give the permit holder written notice by hand delivery or by registered mail of such suspension. Any revocation or suspension may be appealed to the City Council. SECTION 6. Definitions. a. Solicit and solicitations shall mean the request directly or indirectly of money, credit, property, financial assistance or other thing of value on the representation that such money, credit, property, financial assistance or other thing of value will be used for a charitable or religious purpose. These words shall also mean and include the following: . . CODE ORDINANCES ORDINANCE NO. 159-C N~ 461 1. Any oral or written request; 2. The distribution, circulation, posting or· publishing of any handbill, written advertising or publication; the sale of, offer or attempt to sell, any advertisement, advertising space, book, card, chance, coupon, device, magazine, membership, merchandise, subscription, ticket or other thing in connection with which any appeal is made for any charitable or religious purpose. - - 3. A solicitation as defined herein shall be deemed completed when made, whether or not the person making the same receives any contributio~ or makes any sale referred to herein. 1/' .~ b. Charitable or religious shall mean and include the words patriotic, philanthropic, social service, welfare, benevolent, educational, civic, or fraternal, either actual or purported. c. Contributions shall mean and include the words food, clothing, money, subscription, property or donation under the guise of a loan of money or property. SECTION 7. All ordinances or parts of this ordinance in conflict herewith are hereby repealed. SECTION 8. Should any section or part of this section be declared invalid by any Court of competent jurisdiction, such adjudications shall not apply or affect any other provision of this Ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. SECTION 9. This Ordinance shall be published as provided by law and shall become law and take effect 30 days from the date of its Second Reading and Final Passage. LAKE COUNTY, FLORIDA, this First Reading this 24th day of February, 1977. Second Reading this /¡;¿~ day of f{7f~Þ./ ,1977. PASSED AND ORDAINED BY THE CITY COUNCIL oV THE CITY OF CLERMONT, l,l-r! day of r¡-¡þ~jJ./ CITY OF CLÍiRM NT & , 1977. ATTEST: D~~ 't¿/~:&~ity By: Clerk . . CODE ORDINANCES N~ 462 ORDINANCE NO. 159-C APPROVED by me this /.2~ day of ;:z~ , 1977. CERTIFICATE OF PUBLICATION I HEREBY CERTIFY that a certified copy of the foregoing Ordinance No. 159-C was published on the 3rd day of March, 1977, in a newspaper of general circulation located within the City of Clermont, Florida, as required by Florida Statute 166.041 (3)(a), said date of publication being 14 days prior to the Second Reading and final adoption of this Ordinance. Oß~il.1) J~ C~ City Clerk