[Adopted 5-2-1949 by Ord. No. 414; amended in its entirety 12-8-1997 by Ord. No.
1622 (Ch. 13, Part 3E, of the 1997 Code of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
Any person, firm, group, partnership, corporation or association
whose avowed purpose and object is to benefit, assist, aid and further
the following causes:
Philanthropy.
Assistance to persons who are poor, impoverished, destitute,
underprivileged, needy, diseased, injured, crippled, disabled, handicapped
or in need of physical or mental rehabilitation.
Churches, religious societies or other religious sects, groups
or orders espousing spiritual and altruistic motives or conduct.
The teaching of patriotism or promoting relief and assistance
to this nation's war veterans.
Beneficial education of the mind or assistance to educational
institutions.
The protection, shelter and sustenance of animals.
Seeking money donations, pledges thereof or anything of value
to benefit, assist, aid and further the cause of a charitable organization,
either orally or by literature distribution.
Books, pamphlets, handbills, tracts, cards, circulars, pictures,
films, magazines or any other written or printed material.
It shall be unlawful for any charitable organization to solicit funds, as defined in § 349-11 of this article, on streets, sidewalks, parks, playgrounds and government-owned property within the limits of the City of Warren without first applying for and obtaining a permit therefor and wearing at all times an identification card as provided herein.
A.
A sworn application in writing for a permit under this article must
be filed in duplicate with the Mayor at least three days in advance
of the first day sought for solicitation on a form to be furnished
by the City of Warren, and shall state:
(1)
The full name and address (legal and local) of the person or organization
sponsoring, conducting or promoting the fund drive.
(2)
Whether or not the applicant is a branch or division of a national
organization, and if so, the name thereof and the mailing and street
address of same.
(3)
The purpose or object of the charitable solicitation.
(4)
The dates of the solicitation.
B.
No fee shall be required for the filing of the application.
The application shall be registered in a book called the "Registry
Book." The application shall be granted and the permit issued within
48 hours after the application has been filed, unless, upon investigation
by the Mayor, one or more of the following facts are found to exist:
A.
That one or more of the statements in the application is not true.
B.
That the applicant who will participate under the permit has been
convicted of engaging in a fraudulent transaction or enterprise, a
felony or other criminal offense involving moral turpitude, in which
case the permit shall be denied to the applicant or to the agent or
representative so convicted.
C.
When the applicant who will participate under the permit has previously
violated any of the terms and provisions of this article or any prior
permit issued hereunder.
Any permit granted hereunder may be canceled after issuance
if any of the reasons for prior refusal should be discovered or become
apparent during the solicitation period.
It shall be unlawful for a charitable organization to distribute literature or any other article within the limits of the City of Warren, whether or not solicitation for money or anything of monetary value is involved, without first applying for and obtaining a permit in accordance with §§ 349-13 through 349-15 set forth above for charitable solicitation.
Within 10 days after notice of the action has been mailed and
hand delivered, the applicant shall notify the Mayor in writing of
his intent to contest said action. Within 30 days after receipt of
said notice to contest, the City Council shall hold a hearing on the
appeal petition and render a decision or may institute a proceeding
for temporary, preliminary and permanent injunction to restrain the
denied solicitation or distribution in a court of competent jurisdiction,
which action shall be governed by the applicable rules of procedure
and the time limits thereunder.
Upon issuance of a permit, the Mayor shall note his/her approval
in the Registry Book and shall note on the permit and Registry Book
the termination date of the permit.
When permits for charitable solicitation or charitable literature
distribution or a combination of the two are granted, the following
rules and standards shall apply:
A.
Location. Such permits shall be restricted to public areas of the
City of Warren and shall not be construed as permission by any private
property owner to conduct said activity on private premises.
B.
Time. Permit holders shall be restricted to the hours of 9:00 a.m.
to 8:00 p.m. on the days of operation.
C.
Manner of operation.
(1)
Each person included in a permit shall not initiate any physical
contact with prospective donors unless said donor has either consented
to such contact or agreed to make a contribution.
(2)
Permittees are at all times subject to all laws, statutes and ordinances,
federal, state or local, regarding fraud, assault, battery, theft,
littering and any other law relating to the conduct of persons in
public places.
A permit shall expire after the date shown as the termination
date on the permit. A permit may be renewed for successive thirty-day
intervals if written request for the same is received by the Mayor
within the period of 10 days prior to the expiration date and the
request for renewal contains a statement that the request is predicated
on the same information as contained in the original application.
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600 plus costs and, in default of payment,
to imprisonment for a term not to exceed 30 days. Each day on which
a violation of this article shall continue shall be deemed a separate
offense.
