4278FOLLOWS:
ORDINANCE NO. 42778
AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING
TITLE 7, CHAPTER 7.32, SECTIONS 7.32.030,
7.32.040 AND 7.32.050 PERTAINING TO CHARITABLE
SOLICITATION AND FUND RAISING ACTIVITIES,
ENACTING NEW SECTIONS THEREFOR, DECLARING TfIE
URGENCY THEREOF, AND DECLARING THAT THIS
ORDINANCE SHALL TAKE EFFECT IMMEDIATELY.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That Title 7, Chapter 7.32, Sections 7.32.030, 7.32.040
and 7.32.050 of the Anaheim Municipal Code be, and the same are
hereby, repealed.
SECTION 2.
That Title 7, Chapter 7.32, Sections 7.32.030, 7.32.040
and 7.32.050 be, and the same are hereby, added to the Anaheim
1,11unicipal Code to read as follows:
"7.32.030
POSTING OF SIGNS
Nothing provided in this Chapter shall permit a
solicitor to go upon any premises which has posted a
sign indicating 'No solicitors or peddlers invited."'
"7.32.040
MAXIMUM TERM FOR PERMIT
The City Council of the City of Anaheim shall act
upon all applications filed with it pursuant to the
provision of this Chapter with reasonable promptness.
Upon completion of an investigation by the Chief
of Police, the City Council shall issue a permit to
such applicant to act for such period of time as the
applicant shall request; provided, however, that no
permit shall be valid for a period of more than sixty
(60) days from the date of issuance."
"7.32.050
REVOCATION OF PERMIT
Should the City Council of the City of Anaheim
receive competent evidence that the activity of any
person, firm, association or corporation in the City
of Anaheim, pursuant to any permit issued by it in
accordance with the terms of this Chapter, is such as
to indicate the purposes set forth in the party's
application are not being subserved or that the further
activity of such person, firm, association or corpora-
tion in the City of Anaheim would operate to defraud
the public, it shall hold a hearing and determine
whether there is good cause for the revocation of the
permit.
No permit shall be revoked unless hearing and
notice thereof be given. Notice of such hearing shall
be given in writing and served at least five (5) days
prior to the date of the hearing. The notice shall
state the ground of the complaint against the holder
of such permit and shall state the time and place
where such hearing will be held.
This notice shall be served upon the permit holder
by delivering the same to such person or by leaving
such notice at the place of business or residence of
the permit holder in the custody of a person of suit-
able age and discretion. In the event the permit
holder cannot be found with due diligence and the
service of such notice cannot be made in the manner
herein provided, a copy of such notice shall be mailed,
postage fully prepaid, addressed to the permit holder
at his place of business or residence at least ten
(10) days prior to the date of such hearing."
SECTION 3. DECLARATION OF URGENCY
This Ordinance is an emergency measure and is urgently
required in order to insure the protection of the First Amendment
right of freedom of speech guaranteed by the United States
Constitution, and to further insure that a prior restraint of
such guarantee is not imposed upon charitable organizations
seeking to exercise such right by engaging in lawful fund-raising
activities in the City of Anaheim.
The adoption of this Ordinance as an emergency measure
is necessary for the immediate preservation of the public peace
and general welfare.
SECTION 4.
If any word, phrase, sentence, provision or clause of
this Ordinance or the application thereof to any person or circum-
stance is held to be unconstitutional or otherwise invalid by any
court of competent jurisdiction, such invalidity shall not affect
other ordinance provisions or clauses or applications thereof
which can be implemented without the invalid provision, clause or
application, and to this end the provisions and clauses of this
Ordinance are declared to be severable.
SECTION 5.
The City Clerk shall certify to the passage of this
ordinance and shall cause the same to be printed once within
fifteen (15) days after its adoption in the Anaheim Bulletin,
a newspaper of general circulation, printed, published and
circulated in said City, and immediately upon and after its
passage, it shall take effect and be in full force.
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THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 6th day of October, 1981.
ATTEST:
.Q i �JM �
C'ITY CLERK OF THE TY OF ANAHEIM
WPH:ROF:dh
-3-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby
certify that the foregoing Ordinance No. 4278 was introduced and
adopted at a regular meeting of the City Council of the City of
Anaheim held on the 6th day of October, 1981, by the following vote
of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed
said Ordinance No. 4278 on the 6th day of October, 1981.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Anaheim this 6th day of October, 1981.
06 "-�j
CITY)CLERK OF THE Y OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original Ordinance No. 4278 and was
published once in the Anaheim Bulletin on the 16th day of October,
1981.
)
CITY CLERK