HomeMy WebLinkAboutTC Ord 1991-03-06
ORDINANCE NO. 365 N.S.
AN ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON AMENDING SECTION 25-4
OF THE TIBURON MUNICIPAL CODE
REGULATING DOOR TO DOOR SOLICITORS
The Town Council of the Town of Tiburon does ordain as follows:
Section 1. Section 25-4 of the Tiburon Municipal Code is hereby amended
to read as follows:
Section 25-4.
Peddlers and Solicitors Re2Ulated.
(a) It is unlawful for any person to solicit by going to private residences
within the Town without first obtaining a permit as provided in this section.
(b) Applications for the permit required by subsection (a) shall be filed
with the Chief of Police. The application shall contain the following information.
(1) The name and address of the individual or organization seeking
the permit including the names and addresses of the organization's officers and
managers;
(2) The names and addresses of the person or persons who will be
in direct charge of conducting the solicitation;
(3) A list of other cities or counties where similar permits have been
applied for in the last two years;
(4) A statement indicating whether the applicant or organization
represented by the applicant has been granted tax-exempt status and a copy of the
certification issued by the State Franchise Tax Board or, if the applicant is a for
profit seller of goods and wares, a copy of the business license issued by the Town
Clerk.
(c) Within ten (10) days after submission of the application, the Chief of
Police shall either issue the permit or deny it on one of the two following grounds:
(1) The applicant has failed to provide all of the information required
by subsection (b) in a truthful manner; or
(2) The applicant or one of the persons who shall conduct the
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solicitation has previously been convicted by a court of fraudulent activity, trespass
or crimes of violence. If the application is denied, the applicant shall have five (5)
days within which to appeal to the Town Manager. After conducting an informal
hearing, the manager shall issue a written decision either granting or denYing the
application. The manager's decision shall be final.
(d) The permit shall be valid for one (1) year unless earlier revoked. A
permit may be revoked by the Chief of Police if the permittee has violated any
provision of this section, engaged in fraudulent practices, or trespassed upon private
property. Written notice of revocation shall be immediately mailed to the permittee.
The revocation may be appealed to the Town Manager within five (5) days and shall
be processed as set forth in subsection (c).
(e) It is unlawful for any person to solicit at any time at any building
where there is a posted sign stating "no solicitors" or words to that effect.
(1) For purposes of this section "solicit" shall include:
(1) The request by any charitable non-profit organization for
contributions of money, property or other donations by calling upon residences in
person; and
(2) The peddling, hawking or offering for sale of goods for profit
by any individual or organization calling upon residences in person.
(g) Any person violating any provision of this section shall be guilty of an
infraction and upon conviction shall be subject to payment of a fine not to exceed
the limits set forth in Section 36900 of the Government Code.
Section 2.
Severa bility.
If any section, subsection, clause, sentence, or phrase of this Ordinance
is for any reason held to be invalid or unconstitutional by a decision of a Court or
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of the Ordinance. The Town Council of the Town of Tiburon hereby
declares that it would have passed this Ordinance, any section, subsection, sentence,
clause or phrase thereof, irrespective of the fact that anyone or more sections,
subsections, sentences, clauses, or phrases may be declared invalid or
unconstitutional.
Section 3.
Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after the date
of passage, and before the expiration of fifteen (15) days after its passage the same
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shall be published, with the names of the members voting for and against the same,
at least once in a newspaper of general circulation, published in the Town of
Tiburon
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Tiburon on March 6, 1991, by the following vote:
AYES:
COUNCILMEMBERS: Friedman, Thayer, Logan
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: Coxhead, Kuhn
PE(if !:~~ MAYOR
ATTEST:
~M~E~CLERK
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