HomeMy WebLinkAbout11/19/1991 (3) VICE MAYOR REFERRAL
(PROPOSED ORDINANCES ONLY)
DATE OF REFERRAL: November 19, 1991
REFERRED TO: BUDGET AND FINANCE COMMITTEE - JOHN W. STINSON
ITEM: RESIDENTIAL SOLICITATIONS
(PROPOSED)
AMENDMENT TO CHAPTER 5.18 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO RESIDENTIAL SOLICITATIONS.
BACKUP MATERIAL ATTACHED: YES
STATUS:
TO COUNCIL COMMITTEE ON
COMMITTEE REPORT NO.
SENT TO COUNCIL ON
PUBLIC HEARING ON
ORDINANCE ADOPTED (DATE)
PROPOSED ORDINANCE CANCELED (DATE)
OTHER
'PLEASE RETURN TO JEAN IN THE CITY MANAGER'S OFFICE WHEN COMPLETED.
cc: City Clerk
City Attorney
REFER91.14
MEMORANDUM
November 13, 1991
TO: VICE-MAYORKEN PETERSON 4n~j
FROM: LAWRENCE M. LUNARDINI, CITY ATTORNEY
SUBJECT: AMENDMENT TO CHAPTER 5.18 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO RESIDENTIAL SOLICITATIONS.
Please refer the following proposed ordinances to
whichever committee you deem appropriate:
AMENDMENT TO CHAPTER 5.18 RELATING TO RESIDENTIAL SOLICITATIONS.
Background:
The current charitable solicitation ordinance requires
each non-profit organization that solicits to have
obtained federal and/or state tax exemption as the sole
basis for permit issuance. Other possible requirements
~/ such as financial reporting and contribution percentages
to be realized by a charity are constitutionally
prohibited. The character of each solicitor cannot be
investigated as a basis for permit issuance. Moreover,
,~! certain worthwhile fund raisers cannot obtain a permit
\~%~%~% because they cannot obtain tax exempt status. This
complicates uniform code enforcement.
Working in conjunction with the Police Department Vice
Division, the proposed Residential Solicitation Ordinance
was drafted to address the concerns meant to be covered
by the current ordinance. It requires registration of
every person over age 16 who.intends to solicit.
It is recommended the Residential Solicitation Ordinance
replace the current Charitable Solicitation Ordinance.
LCM/meg
ORD-REF\
RES-SOLI.VM
Attachment
cc: Chief R. A. Patterson, Police Department
Bill Descary, Treasurer
DRAFT
].1/7/91
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 5.18 OF
THE BAKERSFIELD MUNICIPAL CODE
RELATING TO RESIDENTIAL SOLICITATIONS.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Chapter 5.18 of the Bakersfield Municipal Code is hereby
amended to read as follows:
Chapter 5.18
RESIDENTIAL SOLICITATIONS
Sections:
5.18.010 Definitions.
5.18.020 Registration required.
5.18.030 Registration.
5.18.040 Regulations.
5.18.010 Definitions.
Whenever used in this chapter, unless a different
meaning clearly appears from the context, the words set forth in
this section shall have the following meanings:
A. "Person" means any individual, .partnership,
corporation or association of any nature whatsoever.
B.' "Residential solicitation" means the uninvited entry
onto property in a residential zone to sell goods or services, or
to'request or collect donations.
C.. "Residential zone" means the following zones in the
city: R-l, R-2, R-3, R-4, R-S, E and RH.
5.18.020 Registration required.
It is unlawful for any person over the age of sixteen
years.to' conduct or participate in a residential solicitation in
violation of this chapter, or without having first registered with
the city manager or his designee.
5.18.030 Registration.
,A. Each person shall, no less than twenty-four hours
prior to commencing any residential solicitation, register with
the city manager or.his designee.
B. Each registrant shall provide his name, address,
driver's license number, social security number, the name and
address of each organization on behalf of which the solicitation
will be.made, and the specific dates during which the residential
solicitation will be conducted, not to exceed ninety days.
C. The city manager or his designee shall issue a
registration card to each registered person. Such card shall
contain the name of the registered person, the name of the
organization on behalf of which the solicitation will be'conducted
and the dates during which such solicitation may be conducted.
'D. There shall be no fee' for registration under this
chapter.
5.18.040 Regulations.
A. Each registered person shall obtain all other
permits required by federal, state and local law for the
activities he or she intends to conductl if any are so required.
B. All residential solicitations shall be conducted in
accordance with federal, state and local law.
C. No registered person shall conduct a residential
solicitation on dates other than those specified on the
registration card.
D. Any registration card issued pursuant tO this
chapter shall be non-transferrable, and shall be valid only as to
the person whose name appears on the card.
E. No residential solicitation may be conducted between
8:00 p.m. and 8:00 a.m. of the following day.
SECTION 2.
)
This Ordinance shall be posted in accordance with the
Bakersfield Municipal Code and shall become effective thirty (30)
days from and after the date of its passage.
-o0o
- 2 -
I ~RRY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on , by the
following vote:
CITY.CLERK and Ex Officio Clerk of the
Council of'the City of Bakersfield
APPROVED
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M.'LUNARDINI
CITY ATTORNEY of the City of Bakersfield
LCM/meg
BUS-ORD\
SOLICIT.O-4
11/7/91
- 3 -