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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7, Chapter 7.32, Sections 7.32.030, 7.32.040 and 7.32.050 of the Anaheim Municipal Code be, and the same are hereby, repealed.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. -2- 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