HomeMy WebLinkAboutOrdinance 1254 (Charitable Solicitations)CLERK'S CERTIFICATE
1, MARION A. GRADY, City Clerk of the City-pf San
Rafael, and Ex -officio Clerk of the Council of said City do
hereby certify that the foregoing Charter Ordinance mo. 1254
entitled:
An Urgency Ordinance of the City of San Rafael
Repealing Section 10.50.110, Charitable Solicita-
tions, Exceptions - Procedure of the San Rafael
Municipal Code and Amending the Following Sections:
10.50,020, Permits Provided for Procedure; 10.50.090
Revocation of Permit; 10.50.100 Appeals; 10.50.120
Misstatements, etc.
is a true and correct copy of an ordinance of said City, and
was introduced at a regular meeting of the
City Council of the City of San Rafael, held on,the 21st
day of March 19 77 Published as re-
quired by City Charter in the Independent Journal ,
a newspaper printed and published in the City of Sam Rafael and
passed and adopted as an ordinance of said City at a
regular meeting of the City Council of said City held on the
21st day of March 19 77 by the following
vote, to -wit:
Ayes: Councilmen- Jensen, Miskimen, Nixon and Acting Mayor Mulryan
Noes: Councilmen: None
Absent: Councilman: Mayor Bettini
WITNESS my hand and the official seal of
the City of San Rafael this 677—day of
jo? r-;/ 19-)I
14ARION A. GRADY, City Clerk
ORDINANCE NO. 1254
AN URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL
REPEALING SECTION 10.50.110, CHARITABLE SOLICITATIONS, EXCEPTIONS - PROCEDURE
OF THE SAN RAFAEL MUNICIPAL CODE
AND AMENDING THE FOLLOWING SECTIONS: 10.50,020, PERMITS PROVIDED FOR PROCEDURE;
10.50.090 REVOCATION OF PERMIT; 10.50.100 APPEALS; 10.50.120 MISSTATEMENTS, ETC.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS:
DIVISION 1. Chapter 10.50, Charitable Solicitations, Section
110, Exceptions - Procedure, of the San Rafael Municipal Code is hereby
repealed in its entirety.
Chapter 10.50, Charitable Solicitations, Section 020, Permits
Provided for Procedure, Subparagraph (f), of the San Rafael Municipal
Code is hereby amended and shall read in its entiretv as follows:
10.50.020 (f) - Whenever one person, organization, society,
association or corporation or agent or representative thereof files an
application on behalf of several affiliated or associated persons, or-
ganizations, societies, associations or corporations, for whose benefit
said solicitation is to be made, said application shall separately set .forth
the information required in this section as to said applicant and to each
of its associates or affiliates.
Chapter 10.50, Charitable Solicitations, Section 090, Revocation
of Permit, of the San Rafael Municipal Code is hereby amended and shall
read in its entirety as follows:
10.50.090 - Upon written complaint being filed with the Chief
of Police, or upon his own initiative, if it be found that any person
soliciting under a license issued under the provisions of Sections
10.50.010 through 10.50.100 inclusive, of this Chapter, or any agent or
representative of such solicitor, is misrepresenting or making untrue
statements in regard thereto, or is using such permit as an endorsement
of such solicitation, the Chief of Police may suspend or revoke such
permit.
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�t� IMP,1
Chapter 10.50, Charitable Solicitations, Section 100, Appeals,
of the San Rafael Municipal Code is hereby amended and shall read in
its entirety as follows:
10.50.100 - If the Chief of Police refuses to approve an appli-
cation for permit as provided for in Sections 10.50.010 through 10.50.100
inclusive, or if such permit already issued is revoked, the person, or-
ganization, society, association or corporation, or any agent or repre-
sentative thereof, affected thereby may appeal to the City Council.
Chapter 10.50, Charitable Solicitatons, Section 120, Mis-
statements, etc., of the San Rafael Municipal Code is hereby amended
and shall read in its entirety as follows:
10.50.120 - No person, organization, society, association or
corporation, or any agent or representative thereof, shall make or
perpetrate any misstatement, deception or fraud in connection with any
solicitation mentioned in Sections 10.50.010 to 10.50.100, inclusive.
DIVISION 2. This Ordinance is an Urgency Ordinance for the
needed preservation of the public peace, health, or safety within the
meaning of Government Code Section 25123 and shall go into effect im-
mediately. The facts constituting such necessity are: The Unification
Church, commonly known as the "Moonies" have submitted an application
under the provisions of Section 10.50.110 of the San Rafael Municipal
Code, which makes them an exempt organization. The Unification Church
is involved in litigation throughout the United States; the contents
of the litigation and the news reports indicate that the Moonies'
motives and operations are not always for the public good. Allegations
have been made that they brainwash the minds of the young, the weak,
and the old to serve the Unification Church for purposes not compatible
with the public good. Deletion of Section 10.50.110 would subject the
Unification Church and all other organizations who apply for solicita-
tions for evangelical, missionary, religious, charitable, educational,
or other eleemosynary purposes to be investigated and evaluated by the
Chief of Police as set forth in Section 10.50.040 of the San Rafael
Municipal Code. This Ordinance is urgently needed to preserve the
peace, tranquility, and order of this community.
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DIVISION 3. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid,
such decision shall not affect the validity of the remaining portions
of this Ordinance. The Council hereby declares that it would have
adopted the Ordinance and each section, subsection, sentence, clause,
or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, or phrases be declared
invalid.
�L WRENCE E. MULRYAN, Acting Mayor
Attest:
MARION A. GRADY, City C rk
The above and foregoing Ordinance No. 1254 was adopted as
an Urgency Ordinance of the City of San Rafael at a regular meeting of
the City Council of San Rafael held on the 21st day of March
1977, by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Betti ni
14ARION A. GRADY Cit Cl�rk
City
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From the desk of
J
JEANNE LEONCINI
Thursday, October 18, 1979
MAYOR'S EXECUTIVE ORDER issued
suspending further enforcement
of the CHARITABLE SOLICITATION
ORDINANCE - URGENCY ORDINANCE NO,1254
SEE FILE NO, 13--18-1 FOR FULL
EXPLANATION