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HomeMy WebLinkAboutNS-1189ORDINANCE NO. NS-1189 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA PERTAINING TO THE REGULATION OF SOLICITATIONS FOR CHARITABLE AND RELIGIOUS PURPOSES, REPEALING AND RE-ENACTING ARTICLE II OF CHAPTER 26 OF THE SANTA ANA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Article II of Chapter 26 of the Santa Ana Municipal Code, consisting of Sections26-11 through 26-17 thereof, is hereby repealed. SECTION 2: That the Santa Ana Municipal Code is hereby amended by adding an Article II to Chapter 26, consisting of Sections 26-11 through 26-44 which said sections read as follows: ARTICLE II SOLICITING-BEGGING-CHARITABLE SOLICITATIONS Sec. 26-11. Public Charitable and Religious Solicita- tions - Policy and Definitions. A. PURPOSE AND INTENT. In order to prevent the public from being subjected to fraud and misrepresentation in connec- tion with solicitation of contributions for charitable and religious purposes, and in order to approve the solicitation for legitimate charitable and religious purposes and to recog- nize worthwhile charities, and in order to furnish guidance to the Chief of Police, this Article of the Santa Ana Municpal Code is adopted. It is intended that legitimate and recognized charitable and religious organizations should not be hampered by the pro- visions contained herein. B. DEFINITIONS. For the purpose of this Article, cer- tain terms used herein are defined as follows: CHARITABLE shall mean and include the words patriotic, philanthropic, social service, welfare, health, benevolent, educational, civic or fraternal, either actual or purported. RELIGIOUS AND RELIGION as used herein shall not mean and include the word CHARITABLE as herein defined, but shall be given their commonly accepted definitions. CONTRIBUTION shall mean and include the words alms, food, clothing, money, subscription, property or donations under the guise of a loan of money or property. PERSON shall be construed as defined in Sec. 1-2 of this Code. SOLICITATION shall mean and include the following: (a) Any oral or written request, directly or telephoni- cally, for money, property or anything of value or any finan- cial assistance of any kind; ORDINANCE NO. NS-1189 PAGE TWO (b) The distribution, circulation, mailing to an address within the City of Santa Ana, posting or publishing of written or printed matter for the purpose of soliciting funds; (c) The making or announcing to the press or over the radio, television, telephone or telegraph of or concerning an appeal or assemblage, or any event or gathering which the public or any portion thereof is invited to attend or patronize or to make a contribution entirely or partially by reason of or because of any charitable or religious purpose. Cd) The sale of, offer or attempt to sell, any adver- tisement, advertising space, article or service, book, card, chance, coupon, device, magazine, membership, merchandise, sub- scription, ticket or thing whatsoever in connection with which or when or where any appeal is made for any charitable or reli- gious purpose whatever or for other purpose, or the name of any charity or person is used or referred to in any such appeal as an inducement or reason for the making of any such sale, or when or where in connection with any such sale, offer to sell or attempt to sell, any statement is made that the whole or any part of the proceeds from any such sale will go to or be donated to any charitable or religious purpose or association. (e) A solicitation as defined herein shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale referred to in this Article. PROMOTER shall mean any person who, for pecuniary compensa- tion or consideration received or to be received, solicits, or is engaged in the business of soliciting contributions for or on be- half of any other person; or does or agrees to conduct, manage or carry on, or is engaged or holds himself out as engaged in the business of conducting, managing or carrying on any drive or cam- paign for any such purpose, or gives advice, counsel or other aid to any association or institution in connection with any solicita- tion; provided, that no person who is a bona fide paid officer or employee of a social service agency or recognized religious acti- vity shall be considered a promoter within the meaning of this Article. Sec. 26-12. Public Charitable Solicitation - Permit Necessary - Procedure (a) No person shall conduct, carry on, or manage any solicitation for a charitable purpose within the City of Santa Ana unless a permit therefor has been issued by the Chief of Police. (b) Application for such permit shall be made upon forms provided by the City of Santa Ana, notarized or affirmed, and filed with the Police Department at least fifteen (15) days prior to the date of commencement of the proposed solicitation unless, upon good cause shown, the Chief of Police allows such filing within a shorter period but not less than three (3) days. (c) The application for the permit shall contain the following information, or in lieu thereof, a detailed state- ment of reasons why such information cannot be furnished: (1) The name and address of the applicant; ORDINANCE NO. NS-1189 PAGE THREE (2) If the applicant is not an individual, the names and addresses of the applicant's principal officers and managers, together with written authorization to make the application signed by two of the applicant's principal officers; (3) The exact purpose for which the solicitation is to be made, the estimated total amount of funds proposed to be raised thereby, and the use or disposition to be made of any receipts therefrom; (4) The names and addresses of all persons by whom the receipts of solicitation are to be disbursed and the addresses or locations of all places from which disbursement of funds are to be made; (5) The names and addresses of all persons who will be in charge of conducting the solicitation and the names and addresses of all promoters connected or to be connected with the proposed solicitation; (6) The names and addresses of all solicitors to whom "Information Cards" required by Section 26-22 are to be issued, unless in the opinion of the Chief of Police the solicitation campaign is of such magnitude and involves such a great number of volunteer solicitors as to make it impractical to provide the same; (7) An outline of the method or methods to be used in conducting the solicitations; and where solicitors under the age of sixteen (16) are to be used, a statement of the manner in which such solicitors shall be supervised; (8) The time when the solicitation is to be made, Giving the dates for the beginning and ending of the solicitation; (9) The estimated cost of the solicitation; ti0) The amount of any compensation to be paid to any promoter or person in connection with the solicitation and the names and addresses of all such person other than bona fide staff. (11) A statement of all funds from all sources collected for charitable (or religious) purposes by the applicant during the applicant's last preceding fiscal year, giving the amount of money raised, together with the cost of raising it, and the final dis- tribution thereof; (12) A full statement of the character and extent of the charitable (or religious) work being done by the applicant within the City of Santa Ana; (13) A statement that the estimated cost of the solicitation will not exceed twenty-five (25) per cent of the total amount to be raised; or, if the solicitation is by the sale of merchandise or advertising, entertainment, athletic or sports event, bazaar, benefit, card party, contest, dance, exhi- bition, exposition, lecture, party performance, or picnic, a statement to the effect that the estimated cost of the solicita- tion will not exceed fifty (50) per cent of the total amount to be raised. Any costs in excess of the stipulated percentages ORDINANCE NO. NS- 1189 PAGE FOUR shall be considered unreasonable, except that for good cause shown the Chief of Policel may waive the stipulated percentages in a particular case; (14) A statement to the effect that the permit re- quired by Subsection (a) and the "Information Card" required by Section 26-22 will not be used or represented in any way as an endorsement by The City of Santa Ana or by any department or officer thereof; (15) Any other information as may be reasonably re- quired by the Chief of Police in order for him to determine the kind and character of the solicitation proposed. (d) If there is any change in fact, policy or method that would alter the information given in the application the appli- cant shall notify the Chief of Police in writing thereof within five (5) days. (e) Ail applications filed hereunder shall become and remain a public record open to the inspection of all persons. Sec. 26-13. Same - Investigation by Chief of Police - Powers. (a) Upon receipt of an application for a permit required by Sec. 26-12(a), the Chief of Police or his authorized repre- sentative shall have the power to determine by investigation the truth of the statements contained in the application. (b) The Chief of Police shall have the power to inves- tigate the conduct of any solicitation for a charitable purpose. (c) The Chief of Police shall have the power to inspect all books, records and papers of any person by whom or on whose behalf any solicitation is to be made. kd) The Chief of Police shall have the power to make copies of all books, records and papers pertaining to any solicitation for a charitable purpose. Sec. 26-14. Same - Standards for Granting or Denying Permits, Appeals. La) The Chief of Police shall issue the permit required by Sec. 26-12(a) whenever, to the best of his knowledge, he finds that the following facts exist: (1) That all the statements made in the application are true; (2) That the applicant has.a good character and repu- tation for honesty and integrity, or if the applicant is not an.individual person that every member, managing officer or agency of the applicant has a good character or reputation for honesty and integrity; (3) That the control and supervision of the solici- tation and the distribution or disbursement of the proceeds will be directed by reliable and responsible persons; ORDINANCE NO. NS- 1189 PAGE FIVE (4) That the applicant has not engaged in any frau- dulent transaction or enterprise; (5) That the solicitation will not be a fraud on the public; (6) That the solicitation is promoted solely by a desire to finance the charitable cause described in the applica- tion and will not be conducted for private profit; (7) That the applicant has not violated this Code in the conduct of any prior solicitations. (b) The Chief of Police shall deny a permit whenever he finds that any of the foregoing facts do not exist. (c) Before the Chief of Police denies a permit, he shall, within fifteen (15) days of the date of the application, serve upon the applicant by registered or certified mail a written statement of his findings of fact and decision. Sec. 26-15. Same - Fee Paid to City Treasurer Upon the granting of a permit, the Chief of Police shall deliver same to the applicant upon payment of a fee of three dollars ($3.00) to the City. Sec. 26-16. Same - Content and Duration of Permit. (a) A permit issued under Section 26-14(a) shall be signed by the Chief of Police or his authorized representa- tive and bear the name and address of the applicant thereof, the number of the permit, the date of issue and expiration, and a statement that the permit does not constitute an endorse- ment by The City of Santa Ana or any of its departments, offi- cers, or employees of the purpose, or of the persons conducting the solicitation. (b) A permit issued under Section 26-14(a) shall be valid for a period not longer than three (3) months. Upon good cause shown, the Chief of Police may extend a permit for an additional period not longer than three (3) months; provided, however, that when he determines that the applicant is an organization recog- nized throughout the United States as a national charitable organization and that the public interest will not be adversely affected thereby, he may issue the permit for a period not to exceed twelve (12) calendar months. Sec. 26-17. Same - Grounds for Suspension or Revocation of Permit. Any violation of the provisions of this Code or any mis- representation in the conduct of any solicitation for a chari- table purpose shall constitute prima facie grounds for suspen- sion or revocation of a permit issued under Section 26-14 by the Chief of Police. ORDINANCE NO. NS- 1189 PAGE SIX Se~, 2~-18. Same - Public Hearing upon Denial, Suspension, Revocation - Appeal. Within five (5) days after notification by registered or certified mail of any denial, suspension, or revocation, an applicant or permittee may file a written request for a public hearing thereon before the City Council. The City Clerk shall thereupon set a time and place for the hearing and shall so notify said applicant or permittee. The hearing shall be held within thirty (30) days after request is filed. At the hearing, the applicant or permittee may present evidence in support of his contentions. Any interested persons may be allowed to par- ticipate in the hearing and present evidence. After the con- clusion of the hearing, the City Council shall either sustain or overrule the decision of the Chief of Police and its deci- sion shall be final. Sec. 26-19. Same - Permit Non-Transferrable. A permit issued under this Article shall be non-transfer- rable. Sec. 26-20. Religious Solicitation - Registration and Ceritificate Required. (a) No person shall conduct, carry on, or manage any solicitation for a religious purpose within the City of Santa Ana unless he has registered the solicitation with and secured a Ceritifcate of Registration from the Chief of Police. (b) Every registrant shall furnish to the Chief of Police, upon forms provided by the City of Santa Ana, notarized or affirmed, the same information required in Section 26-12(c) (1) through (16) for charitable solicitations, or in lieu thereof, a statement of the reason or reasons why the information cannot be given. (c) If there is any change in fact, policy or method that would alter the information given, the registrant shall notify the Chief of Police in writing thereof within five (5) days. ~) Ail information provided hereunder shall become and remain a public record open to the inspection of all persons. Sec. 26-21. Same Issuance of Certificate of Registra- tion - Content and Duration. (a} Upon registration as required by Section 26-20 the Chief of Police shall forthwith issue a Certificate of Regis- tration to the registrant. (b) A Ceritificate of Registration shall be signed by the Chief of Police or his authorized representative and bear the name and address of the registrant, number of the certifi- cate, the date of issue and expiration, and a statement that the certificate does not constitute an endorsement by the City of Santa Ana or any of its departments, officers, or em- ployees of the purpose of the solicitation or of the persons conducting the solicitation. ORDINANCE NO. NS-1189 PAGE SEVEN (c) A Certificate of Registration shall be valid for a period of three (3} months. For good cause shown, the Chief of Police may extend the Certificate of Registration for an additional period not longer than ninety (90) days. Sec. 26-22. Charitable and Religious Solicitors - Information Card Necessary (a) No person shall personally solicit any contributions for a charitable or religious purpose unless he exhibits an "Information Card" or a facsimile thereof, and either reads it to or presents it for the perusal of the individual solicited, except as provided in subsection ~) hereof. (b) The "Information Card" or a facsimile as required by Subsection ~) above shall be in a form and size approved by the Chief of Police and shall contain the following information: (1) The total amount of funds proposed to be raised; (2) The estimated cost of solicitations, including all compensation to be paid anyone in connection with the solici- tation; (3) The estimated amount which will remain for the desig- nated charitable or religious purpose; (4) The total amount of funds raised in the preceding year, the cost of solicitation, and the amount which remained for the designated charitable or religious purpose as reported in the application for charitable solicitation permit or certi- ficate of registration of religious solicitation. (5) Any additional information which in the opinion of the Chief of Police may be of assistance to the public in determining the nature and purpose of the solicitation. (c) Approved "Information Cards" may be obtained from the City at cost. ~) When the Chief of Police determines that no useful purpose would be served by adhering to the requirements of this section and that the public interest would not thereby be adversely affected, he may waive the requirement that all persons soliciting contributions for a charitable or religious purpose exhibit an "Information Card." Sec. 26-23. Same - Soliciting by Printed Matter or Tele- graph Restricted. No person shall solicit any contribution for a charitable or religious purpose by printed matter, published article, or telegraph unless he includes therein the information required by Section 26-22. Sec. 26-24. Same - Soliciting by Mail Restricted. No person shall solicit any contribution for a charitable or religious purpose by mail unless he includes therein an "Information Card" or a facsimile thereof approved by the Chief of Police. ORDINANCE NO. NS-1189 PAGE EIGHT Sec. 26-25. Same - Soliciting by Radio, Television or Telephone, Restricted. No person shall solicit any contribution for a charitable or religious purpose by radio, television or telephone unless he audibly and understandably announces in each cu~u. unication the information required by Section 26-22. Sec. 26-26. Same - Soliciting by Minors Restricted. No person under sixteen (16) years of age shall personally solicit any contribution for a charitable or religious purpose after sundown unless he is accompanied by a person of the age of eighteen (18) years or older, to whom an "Information Card" also has been issued. Such "Information Card" shall be read or pre- sented to the individual solicited as provided in Section 26-33. Sec. 26-27. Same - Permission to Solicit for Another. No person shall conduct, carry on, or manage any solici- tation for a charitable or religious purpose in the name of or on behalf of any other person without first obtaining express written permission of that person and filing it with the Chief of Police. Sec. 26-28. Same - Written Receipt (a) table or receipt. No person shall accept any contribution for a chari- religious purpose without tendering in exchange a signed (b) Exceptions: (1) No receipt need be given or tendered if a donation of money is made by placing the same in a box or receptacle pre- viously approved by the Chief of Police. (2) No receipt need be given for any donation the value of which is less than one dollar ~$1.00) Sec. 26-29. Same - Box or Receptacle. No person shall solicit any contribution for a charitable or religious purpose by means of any box or receptacle in or upon any public street or place, or any place open or accessible to the public without first obtaining a permit therefor from the Chief of Police. Sec. 26-30. Same - Accounting System. No person shall conduct, carry on or manage any solicita- tion for a charitable or religious purpose unless he establishes and maintains a system of accounting in which all income, contri- butions and disbursements are recorded. Sec. 26-31. Same - Exceptions. Nothing in Sections 26-12 through 26-30 shall be deemed to apply to any solicitation for a charitable or religious pur- pose conducted by an organization solely upon premises owned or occupied by it, or solely among its officers and members or employees. ORDINANCE NO. Ns-l189 PAGE NINE Sec. 26-32. Complaints - Investigation by Chief of Police - Powers. (a) Upon receipt of a written complaint, the Chief of Police or his authorized representative is authorized to in- vestigate the affairs of any person soliciting for a charitable purpose under a permit issued under Section 26-14 or a religious purpose under a Certificate of Registration as required by Sec- tions 26-21 or unlawfully without said permit or Certificate of Registration. (b) The Chief of Police has the power to inspect all books, records and papers of any person soliciting for a charitable or religious purpose. (c) The Chief of Police may make public his written findings in order that the public may be fully informed as to the affairs of the person investigated. (d) Within five ~5) days before the public release of any findings under this section, the Chief of Police must first serve a copy of said findings upon the person or persons in- vestigated. Sec. 26-33. Solicitation - Reports Required (a) Any person who has received a permit for charitable solicitation under Section 26-14 or a Certificate of Registra- tion under Section 26-21 shall file with the chief of Police within thirty ~30) days after the close of the solicitation, upon forms provided by the City of Santa Ana a detailed report and financial statement notarized or affirmed, showing the amount raised by the solicitation, the amount expended in the solicitation, including compensation paid to any person in connection with the solicitation; and the disposition of the balance of the funds collected by the solicitation. The time for filing of the report required by this section may be ex- tended by the Chief of Police upon good cause being shown. Lb) Any person issued a permit under Section 26-14 or a Certificate of Registration under Section 26-21 shall make available to the Chief of Police or to anyone designated by him, all books, records and papers by which the accuracy of the report required by Section 26-33(a) above may be ascertained. Lc) Any report filed hereunder shall become and remain a public record. Sec. 26-34. Promoters - License Required. It shall be unlawful for any promoter, in any manner what- soever, to solicit in public within the City of Santa Ana any contribution for any actual or purported charitable or religious purpose, or for other purposes, associations, or institutions, unless said promoter shall have first obtained a license from the Chief of Police. Sec. 26-35. Same - Application. To obtain such license such promoter shall make and file, at least fifteen (15) days before the proposed commencement of such solicitation in public, an application in writing and under oath with the Chief of Police. In such application the applicant shall set forth, in addition to such other information as may be required by the Chief of Police: ORDINANCE NO. NS-1189 PAGE TEN (a) The name and address of the applicant, and if such applicant be a corporation, the name and address of each of its managing officers and agents, and if it be an unincorporated association, firm or partnership, ~he name and address of any paid agents of the applicant who will solicit under his direc- tion or control. (b) A succinct statement of facts showing that the applicant, if not a corporation or an unincorporated firm, association or partnership, and his agents are of good charac- ter and reputation, or if the applicant be an unincorporated association, firm or partnership that each of its members is of good character and reputation; (c) The general plan, character and method in or by which applicant proposes to conduct its or his business as a promoter and a statement of any and all agreements or under- standings made or had with any person or association in whose behalf such solicitation is being conducted, together with at least one copy of any such agreement or understanding which may be in writing, and specifically the amount of pecuniary compensation or consideration or percentage of any fund soli- cited or raised he or it is to receive for said promotion or solicitation. Sec. 26-36. Same - Bond. At the time of filing with the Chief of Police of an application for such license, the applicant shall file, and thereafter maintain with the City of Santa Ana if the said license is granted, a good and sufficient bond in the aggre- gate sum of five thousand dollars C$5,000.00), enuring to the benefit of the City of Santa Ana, on a form approved by the City Attorney, executed by the applicant and by two or more responsible sureties, or by a surety company authorized to do business in the State of California. Said bond shall be conditioned upon the strict compliance by the principal and his agents with the provisions of this Article and the payment of any direct pecuniary loss sustained through any act of grand or petty theft on the part of the principal, or his agents, by any donor, or by any person on whose behalf the funds or personal property were solicited or received by the principal or his agents. (a) Said bond shall remain in force and effect until said bond and undertakings in the solicitation of contributions by the promoter are cancelled by the sureties. The sureties may cancel said bond and be relieved of further liability thereunder by delivery of thirty days written notice to the Chief of Police. Such cancellation shall not affect any liability incurred or accrued thereunder prior to the termina- tion of said thirty-day period. (b) Any person who sustains any injury covered by said bond may in addition to any other remedy that he may have bring an action in his own name upon said bond for the recovery of any damage sustained by him. Lc) Upon such action being commenced, such bond shall not be void upon first recovery thereon, but may be sued upon from time to time until the whole of such penalty shall be exhausted. The Chief of Police may require the filing of a new bond, and immediately upon the recovery in any action on such bond such promoter shall file a new bond, and upon failure to file the same within ten C10) days in either case the Chief of Police shall forthwith suspend such promoter's license to solicit. ORDINANCE NO. NS-1189 PAGE ELEVEN (d) The time within which any action may be brought against a surety upon any bond filed hereunder may, by express provisions of the bond to that effect, be limited to a period of two C2) years from and after the discovery by the person aggrieved of the act of default complainedco~ Sec. 26-37. Same - Investigation. The Chief of Police shall examine such application, and shall make such further investigation of the applicant and its or his affairs as he shall deem necessary. If from such inves- tigation the Chief of Police shall be satisifed: (a) That the applicant and his agents are of good character and reputation, or that every managing officer or agent of the applicant, if the applicant is a corporation, is of good character and reputation, or if the applicant is an unincorporated association, firm or partnership, each member thereof is of good character and reputation; Lb} That applicant has sufficient financial responsibi- lity to carry out the obligations incident to any solicitation such applicant or his agents may make within the City of Santa Ana as such promoter, and that all of the statements made in such application are, and each of them is, tr~e and that neither the applicant, nor any officer, agent or member of the applicant has engaged in any fraudulent transaction or enterprise, and that the applicant intends to conduct its busi- ness fairly and honestly and agrees in writing to uphohd the provisions of this section and subsections, the Chief of Police shall issue to the applicant a license to solicit as a promo- ter within the City of Santa Ana. Otherwise, the Chief of Police shall deny the application and refuse to issue a license, and shall notify the applicant of his decision by registered mail, giving him a written statement of his findings of fact, and notifying him of his right to a hearing and appeal on the denial. Said Chief of Police shall issue or refuse to issue said license within fifteen C15) days of the filing of said application; (c) Provided, however, that if the only ground for such refusal or denial is such that it does not substantially affect applicant's honesty and integrity, and if the inability of the applicant to meet any requirement will not in any way interfere with a proper performance by the applicant of his duties as such promoter, the Chief of Police may waive such grounds and grant the application. This proviso relates only to paragraphs Ca) and ObI of this section. Sec. 26-38. Same - Fee Paid to City. Upon the granting of such license the Chief of Police shall forward said license to the Director of Finance, who shall deliver said license upon payment by the applicant of a fee of twenty-five dollars ($25.00). Sec. 26-39. Same - License Revocation. Upon any complaint being filed with and verified by the Chief of Police or upon his own investigation, if it be found after a hearing upon written notice containing charges, that any person to whom a license has been issued under Section 26-34 has violated any of the requirements of this Code or any of its subsections, or of any other law or that the said license holder, or that his agent has made untrue statements ORDINANCE NQ. NS- 1189 PAGE TWELVE or misrepresented the purpose of the solicitation, the Chief of Police shall within two days after the hearing, file in his office for public inspection and serve upon the license holder a written statement of the facts upon which he bases such findings and may suspend or revoke the said license. If the said Chief of Police shall refuse to approve an application for license as provided for in Sections 26-34 to 26-38 both inclusive, or if the license already issued shall be revoked, the person, organization, society, association, corporation, firm or partnership, or any agent or represen- tative thereof, affected thereby, may appeal to the City Council within fifteen (15) days after receiving notice of such revocation or refusal. Sec. 26-49. Same - License Every such license shall terminate or expire at midnight one calendar year from date of issue. Sec. 26-41. Same - Funds. No promoter shall commingle any contribution with the promoter's own funds or property, or fail at any time to main- tain and keep all contributions separate and apart from the promoter's own funds or property. Sec. 26-42. Same - Agents. It shall be unlawful for any promoter to cause or permit any person for pecuniary compensation or consideration received or to be received by such person to solicit or receive on his behalf or at his instigation, under his direction or control, or in his employment, any contribution unless such person is of good moral character and has a good reputation for honesty. Every agent as a promoter shall keep the promoter advised of his current address and the promoter shall make this infor- mation available to the Chief of Police on request. Sec. 26-43. Fraudulent Misrepresentation. No person shall directly or indirectly solicit contribu- tions for any purpose by misrepresentation of his name, occupa- tion, financial condition, social condition or residence, and no person shall make or perpetrate any fraud in connection with any solicitation of any contribution for any purpose in the City of Santa Ana or in any application or report filed under this Article. Sec. 26-44. Same - Penalty. Violation of any provision of this Article is a misdemeanor. The sentence of any person convicted of a violation of this Article shall at the discretion of the court include an order prohibiting such person or association from soliciting within the City of Santa Ana during the period of one year from and after the date of such conviction, for any contribu- tion for any charitable or religious purpose, or any purpose whatever. ORDINANCE NO. NS-1189 PAGE THIRTEEN SECTION 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the deci- sion of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 4: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordi- nances relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or case de- posit in lieu thereof, required to be posted, filed or depo- sited pursuant to any ordinance, and all rights and obliga- tions thereunder appertaining shall continue in full force and effect. SECTION 5: The Clerk of the Council shall certify to the passage of this ordinance and cause the same to be published in some daily newspaper printed and published in the City of Santa Ana. SECTION 6: This Ordinance shall take effect thirty (30) days from and after the date of its adoption. PASSED AND ADOPTED by the City Council of Santa Ana at its regular meeting held on the~ November , 1973. the City of 19 day of ATTEST: CLERK OF THE COUNCIL ORDINANCE NO. NS-1189 PAGE FOURTEEN STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SANTA ANA ) I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the fore- going Ordinance was introduced to said Council at its regular meeting held on the 5 day of November , 1973, and was a in considered by said Council at its meeting held on the ~ day of November , 1973, and was at said meeting passed and adopted by the following vote, to wit: AYES, NOES, COUNCILMEN: Griset, Yamamoto, IV~a~kel, Garthe, Patterson, Ward COUNCILMEN: None ABSENT, COUNCILMEN: Evans