HomeMy WebLinkAboutNS-1464ORDINANCE NO. NS- 1464
AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING
SECTION 26-14 OF THE SANTA ANA MUNICIPAL CODE
TO PROHIBIT ISSUANCE OF A CHARITABLE SOLICITA-
TION PERMIT IF THE APPLICANT HAS BEEN CONVICTED
OF A CRIME INVOLVING MORAL TURPITUDE WITHIN
FIVE YEARS AND TO OMIT SUBSECTIONS (a) (2) AND
(a) (3) THAT REQUIRE A DETERMINATION THAT AN
APPLICANT BE A "RELIABLE AND RESPONSIBLE PERSON"
AND OF "GOOD CHARACTER" PRIOR TO GRANTING OF A
PERMIT FOR CHARITABLE SOLICITATION
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION 1: That Section 26-14 of the Santa Ana Muni-
cipal Code is hereby amended to read as follows:
Sec. 26-14. Same - Standards for granting or denying
permits; appeals.
(a) The chief of police shall issue the permit re-
quired by Section 26-12(a) whenever, to the best of his know-
ledge, he finds that the following facts exist:
(1) That all the statements made in the application
are true;
(2)
That the applicant or any officers of the appli-
cant have not been convicted of a felony or any
crime involving moral turpitude within five (5)
years preceding the date of application.
(3) That the applicant has not engaged in any frau-
dulent transaction or enterprise;
(4) That the solicitation will not be a fraud on the
public;
(5)
That the solicitation is promoted solely by a
desire to finance the charitable cause described
in the application and will not be conducted for
private profit;
(6) 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 writ-
ten statement of his findings of fact and decision.
SECTION 2: If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of compe-
tent 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 it would have adopted this ordi-
nance and each section, subsection, sentence, clause, phrase or
portion thereof irrespective of the fact that any one or more sec-
tions, subsections, sentences, clauses, phrases or portions be
declared invalid or unconstitutional.
ORDINANCE NO. NS- 1464
PAGE TWO
SECTION 3: 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
ordinance 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 cash deposit
in lieu thereof, required to be posted, filed or deposited
pursuant to any ordinance and all rights and obligations there-
under appertaining shall continue in full force and effect.
ADOPTED, this 4th day of December ,
1978, by the following vote:
AYES~ COUNCILMEN: Brandt, Ward,
Garthe, Evans
NOES: COUNCILMEN:
None
ABSENT: COUNCILMEN: 0rtiz
ATTEST:
APPROVED AS TO FORM.~
Bricken, Yamamoto,
.MAYOR