HomeMy WebLinkAbout6573 ORDINANCE NO. 6 5 7 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTIONS
9.18.010, 9.18.020 AND 9.18.050 OF THE AUBURN C_ ITY
CODE RELATING TO CHARITABLE SOLICITATIONS
WHEREAS, it is in the interest of the City of Auburn for charitable organizations
therein to solicit contributions for charitable purposes; and
WHEREAS, it is also in the interest of the City of Auburn for activities occurring
within its corporate boundaries to occur in a manner that accommodates public safety;
and
WHEREAS, it is appropriate for the City to address instances where solicitation
of charitable donations by such organizations could adversely impact public safety.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
SECTION 1. AMENDMENT TO CITY CODE That Section 9.18.010 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
9.18.010 Definitions.
When used in this chapter, unless the context otherwise requires, the
following definitions shall apply.
A. "Charitable organization" means any benevolent, philanthropic,
patriotic, eleemosynary, religious, educational, social, recreational or fraternal
organization
aad=which solicits or solicits and collects contributions for any charitable purpose.
The word "charitable" includes "religious" and shall otherwise have its common
law meaning unless the context in which it is used clearly requires a narrower or
broader meaning.
'B. "Contribution" means the donation, promise or grant, for
consideration or otherwise, of any money or property of any kind or value, which
contribution is wholly or partly induced by solicitation.
C. "Direct solicitation" means solicitation in which an individual making
a solicitation is in the immediate physical presence of any individual being
solicited.
D. "Solicitation" means any oral or written request for a contribution,
including the solicitor's offer or attempt to s_ell any property, rights, services, or
other thing in connection with which:
Ordinance No. 6573
September 28, 2015
Page 1
1. Any appeal is made for any charitable purpose; or
2. The name of any charitable organization or purpose is used as an
inducement for consummating the sale; or
3. Any statement is made which implies that the whole or any part of
the proceeds from the sale will be applied toward any charitable purpose or
donated to any charitable organization. (Ord. 5682 § 1, 2002.)
SECTION 2. AMENDMENT TO CITY CODE That Section 9.18.020 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
9.18.020 Exemptions.
Except as otherwise specifically provided in other sections of this chapter,
this chapter shall not apply to the following:
A. Any organizations which are organized and operated principally for
charitable purposes, other than the raising of funds, when the solicitation of
contributions is confined to the bona fide membership of the organization and
when the solicitation is managed and conducted solely by officers and members
of such organizations who are unpaid for such services. The term "membership"
shall not include those persons who are granted membership upon making a
contribution as a result of solicitation;
B. Any solicitation conducted exclusively within any premises owned,
leased, rented, or otherwise under the lawful control of the person or organization
making the solicitation.
C. -Any-public agency that has, as a temporary program, its employees
and representatives soliciting charitable donations to support _a bona .fide
charitable organization, provided that such solic_itation does not adversely impact
public safety (Ord. 5682 § 1, 2002.)
SECTION 3. AMENDMENT TO CITY CODE That Section 9.18.050 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
9.18.050 Unlawful solicitations.
A. It is unlawful to solicit without complying with the registration
requirements hereof, unless specifically exempt as provided herein.
B. No person or entity soliciting charitable donations shall have rights
to use any location in public streets, alleys on_ public ri_Qhts_-of-way. it is unlawful
to solicit
— exit of aRy building then
alley OF publeely-used dFive New charitable donations in any way that could-impede
vehicular or pedestrian traffic or that could adversely impact public safety. For the
purposes hereof, the judgment of a police officer, exercising good faith, shall be
Ordinance No. 6573
September 28, 2015
Page 2
deemed conclusive as to whether any activity impede vehicular or pedestrian
traffc, or could adversely impact_public.safety.
C. it is uniawful to solicit within any office, theater, store, factory, or
other premises where business is conducted or services are rendered without the
prior approval of the person or persons in charge of the premises.
D. It is unlawful to continue with any direct solicitation of any individual
after the individual being solicited has indicated, by words or action, that he has
no de_sire to make a contribution.
E. It is unlawful to solicit on public property or in the residential area of
the city between the hours of 9:00 p.m. and 7:00 a.m. (Ord. 5682 § 1, 2002.)
SECTION 4. IMPLEMENTATION The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
SECTION 5. SEVERABILITY The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the remainder of
this ordinance, or the validity of its application to other persons or circumstances.
SECTION 6. EFFECTIVE DATE'This Ordinance shall take effect and be in force
five days from and after its passage, approval and publication as provided by law.
FIRST READING: 0[:T
SECOND READING: Wa-rte J
PASSED: OCT_-_5 2015.
APPROVED: OCT — 5 2nis
CITY OF AUBURN
t�& I ILAI&,ku
NANCY B S, MAYOR
ATTEST:
Daniel a E. Daskarm City Clerk
Ordinance No. 6573
September 28, 2015
Page 3
APP VED O O
Daniel B. Heid, City Attorney
Published:
Ordinance No. 6573
September 28, 2015
Page 4