HomeMy WebLinkAbout1981-2531 DEFINING RELIGIOUS SOLICITATION; REQUIRING PERMITS ,•
ORDINANCE NO. 6)
AN ORDINANCE relating to licenses and business regulations; defining
religious solicitation; requiring permits for religious
solicitation in public places and private property occu-
pied as a residence; establishing unlawful acts and
providing penalties therefor; and amending Sections
5.72.010, 5.72.020, 5.72.030, 5.72.050, 5.72.060,
13.16.060 and repealing Section 5.27.070, all of the City
of Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 5.72.010 of the City of Yakima Municipal Code
is hereby amended to read as follows:
"5.72.010 Provisions of Chapter 5.56 not to apply. The provisions
of Chapter 5.56 shall not apply to persons engaged in soliciting as
defined by this chapter."
Section 2. Section 5.72.020 of the City of Yakima Municipal Code
is hereby amended to read as follows:
"5.72.020 Funds for religious purposes -- Definitions. Whenever
used in this chapter, unless a different meaning clearly appears;
A. 'Solicit 'soliciting' and 'solicitation' mean the requesting
of money, credit, goods, merchandise, time or other assistance, finan-
cial or otherwise, upon the representation that it or they will be used
for religious purposes. Requests may be oral or written and include the
offering for sale of articles and the making of annouruoaments of, and
the invitation or sales of admission, to events upon the claim that the
proceeds shall be used for religious purposes.
B. 'Religious' and 'religion,' as used herein, shall be given
their commonly accepted definitions.
C. 'Person' and 'applicant' means natural person.
D. 'Public place' means publicly owned property open to the
public."
Section 3. Section 5.72.030 of the City of Yakima Municipal Code
is hereby amended to read as follows:
• "5.72.030 Badge and permit -- Application. All persons soliciting
upon public places or any property occupied as a residence shall first
secure a permit frcu the Director of Community Development or his desig-
nee.
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Application for such permit shall be made to the Director of Com-
munity Development or his designee upon forms provided by the City of
Yakima. Such application shall be sworn to or affirmed' and shall con-
tain the following information:
1. The name, address or headquarters and telephone number of the
person applying for the permit together with the name, address and •
telephone number of the organization for which the applicant plans
to solicit.
2. The planned use to be made of solicited funds, goods or assis-
tance.
3. The name, address and telephone number of the person or per-
sons immediately in charge of such solicitation in the City.
4. The time when such solicitation shall be made, giving the
dates for the beginning and ending of such solicitation.
5. A statement to the effect that when a permit is granted, it
will not be used or represented in any way as an endorsement by the
City of Yakima, or by any department or officer thereof.
6. Each application shall be accompanied by two photographs of
each applicant plainly showing applicant's head and shoulders,
which photograph shall have been taken not less than six months
prior to the date of the application, such photograph to be two
inches by two inches (2" x 2") in size.
Section 4. Section 5.72.050 of the City of Yakima MUnicipal Code
is hereby amended to read as follows:
"5.72.050 Permit and badge issuance -- Term of permit --Defenses.
A. Upon receipt of a completed application and the payment of one
dollar ($1.00) to cover the cost of each permit to be issued, as herein-
after provided, the Director of Community Development or his designee
shall forthwith issue the applicant a permit upon a form to be furnished
by the city. The permit shall remain in force and effect upon issuance
for the period of the proposed solicitation or six months, whichever is
less. The permit shall be non-transferable, but may be renewed upon the
expiration of the period for which it was issued upon the filing of a
new application as provided for above. The permit shall bear on its
face the words "Religious Solicitor"; the name and address of the person
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by wham the solicitation is to be made; the number of the permit; its
expiration date; and a statement that the permit does not constitute an
endorsement by the City of Yakima or by any of its departments or officers
of the purpose or of the person conducting the solicitation. The permit
1111 shall also bear one of the o r hs of the person to Wham sudh Emit
ph tag ap pe permit
is issued cancelled by the signature of sud person and the city seal.
B. The issuance of a permit hereunder shall in no event be a
defense to any violation of the ordinances of the City of Yakima, in-
cluding, but not limited to, Section 6.04.315 and 6.04.330 of the City .
of Yakima Municipal Code."
Section 5. Section 5.72.060 of the City of Yakima Municipal Code
is hereby amended to read as follows:
"5.72.060 Unlawful acts -- Penalty.
. A. It is unlawful for any person to knowingly furnish false
information on the application form described in Section 5.72.030 of
this Chapter.
- ,
B. It is unlawful for any person to solicit upon any place
or any property occupied as a residence without being the holder of a
valid permit issued pursuant to this Chapter in full force and effect.
C. It is unlawful to solicit upon property occupied as a res-
idence between the hours of 9:00 o'clock in the evening and 9:00 o'clock
of the folloWing morning.
D. It is unlawful for any person to solicit in a public place or
any property occupied as a residence and fail to show a valid.permit
issued under this chapter when requested by a prospective donor or a law
enforcement officer.
E. It is unlawful for any person to solicit upon property occu-
pied as a residence where there is clearly posted at or near the en-
trance thereof the words 'no solicitation' or words of similar meaning.
F. Any person convicted of violating any provision of this dhap-
111 ter shall be punished by a fine of not more than five hundred dollars or
by imprisonment in the city jail facility for not more than ninety days
or by both such fine and imprisonment."
Section 6. Section 13.16.060 of the City of Yakima Municipal Code
is hereby amended to read as follows:
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"13.16.060 Posting of Signs and Circulars Prohibited. No person
shall post, paint, or affix any placard, bill, notice, sign, or adver-
tisement in any park, playground or parkway."
Section 7. Section 5.72.070 of the City of Yakima is hereby re-
pealed.
Section 8. This ordinance shall be in full force and effect thirty
days after its passage, approval and publication as provided by law and
by the City Charter.
SASSED BY THE CITY COUNCIL, signed and approved this /5e: day of
� , 1981.
7 /
Mayor
ATTEST
or
City C =rk
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