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HomeMy WebLinkAboutOrdinance 4768 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 4753, BEING AN ORDI- NANCE REGULATING SOLICITATIONS FOR CHARITABLE, PATRIOTIC, RELIGIOUS, EDUCATIONAL OR PHILANTHROPIC PURPOSES IN THE CITY OF FORT WORTH, TEXAS, BY REDEFINING WHEN A PERMIT SHALL BE NECESSARY; CHANGING THE REQUIREMENTS APPLICABLE TO CHARITABLE CORPORATIONS; REQUIRING ADDITIONAL INFORMA- TION TO BE FURNISHED TO CHARITABLE SOLICITATIONS COMMIS- SION; AMENDING THE RESTRICTIONS AGAINST CERTAIN METHODS OF SOLICITATION; PROVIDING THAT THE COST OF SOLICITATION SHALL NOT BE EXCESSIVE IN RELATION TO THE GROSS AMOUNT RAISED, THAT SAME SHALL BE REASONABLE, AND THAT ANY COST IN EXCESS OF TWENTY PER CENT (205/o) OF THE AMOUNT COL- LECTED SHALL BE DEEMED TO BE UNREASONABLE EXCEPT FOR SPECIAL CIRCUMSTANCES; PROVIDING THAT SOLICITATION WILL NOT BE INCOMPATIBLE WITH THE PROTECTIONrOF THE PUBLIC HEALTH, SAFETY, MORALS AND GENERAL WELFARE; REPEALING SECTION 12 OF ORDINANCE NO. 4753; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 1 of Ordinance No. 4753 be and the same is hereby amended so that hereafter the same shall be and read as follows: PERMIT NECESSARY -- It shall be unlawful for any person, organization, society, association or cor- poration, or for any agent, member or representative thereof, to solicit property or financial assistance of any kind, to sell or offer to sell any article, tag, service, emblem, publication, ticket, advertise- ment, subscription, or any thing of value on the plea or representation that such sale or solicitation, or the proceeds therefrom, are for a charitable, educa- tional, religious, patriotic or philanthropic purpose, on. the streets, in any office building or any other public or private place, by house to house canvass, or by telephone in the City of Fort Worth, Texas, un- less such person, organization, society, association or corporation shall have first obtained a permit in M compliance with the terms of this ordinance; pro- vided, however, that the provisions hereof shall not apply to: (a) Any church congregation, religious society, sect, group or order which solicits funds for its own use solely from its own members or from its own congregation; and (b) Any fraternal, social, patriotic, cultural or educational organization which solicits funds solely from its own members or from its own assemblies. SECTION 2. That Paragraphs (m) and (o) of Section 2 of Ordinance No. 4753 be and the same are hereby amended so that hereafter they shall be and read as follows: (m) If the applicant is a charitable corporation, a copy of its charter from its state of in- corporation as a charitable corporation. (o) Such other information as may be required by the Charitable Solicitations Commission .in order for such Commission to determine fully the kind, character and worthiness of the proposed solicitation. SECTION 3. That Paragraphs (b) and (d) of Section 5 of Ordinance No. 4753 are hereby expressly repealed and held for naught so that the same shall be of no further force and effect. SECTION 4. That Paragraphs (6) , (7) and (8) of section 6 of Ordinance No. 4753 be and the same are hereby amended so that hereafter they shall be and read as follows: (6) That the cost of solicitation for a chari- table purpose in the City of Fort worth dur- ing any of the three (3) years immediately preceding the date of application has been excessive in relation to the gross amount raised. -2- (7) That the expected cost of solicitation will be excessive in relation to the expected gross amount to be raised. [Any such cost in ex- cess of twenty per cent (20%) of the amount collected shall be deemed to be unreasonable unless special facts or circumstances are presented showing that a cost higher than twenty per cent (201%) is not unreasonable.] (6) That such solicitation will be incompatible with the protection of the health, life, property, safety, welfare or morals of the citizens of the City of Fort Worth, Texas. SECTION 5. That Section 12 of Ordinance No. 4753 is hereby expressly repealed and held for naught so that the same shall be of no further force and effect. SECTION 6. Any person, organization, society, association or corpora- tion, or any agent or representative thereof, who violates, dis- obeys, omits, neglects or refuses to comply with, or who resists the enforcement of, any of the provisions of this ordinance, or who shall give false information on any application from or re- port made pursuant to this ordinance shall be fined not to ex- ceed Two Hundred Dollars ($200.00) for each offense. Each day that a violation exists or is permitted to exist shall consti- tute a separate offense. Notwithstanding any penal provision of this ordinance, the City Attorney is authorized to file suit on behalf of the City of Fort Worth or the Charitable Solicitations Commission, or both, for such injunctive relief as may be neces- sary to prevent solicitation in violation of the terms of this ordinance. In any prosecution for any violation of this ordinance, it shall not be necessary for the prosecution to negative any pro- -3- e visions of exception, but the Blame may be raised by the defend- ant by way of defense. SECTION 7. If any provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set of circumstances, is for any reason held to be unconstitutional, void or invalid, or for any reason unen- forceable, the validity of the remaining portions of this or- dinance or their application to other persons or sets of cir- cumstances shall not be affected thereby, it being the intent of the City Council of the City of Fort Worth in adopting this ordinance to provide that no portion thereof, nor pzbvis'ion or regulation contained herein, shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision or regulation, and to this end all provisions of this ordinance are declared to be severable. SECTION 8. This ordinance shall repeal every prior ordinance in con- flict herewith, but only insofar as the portion of such prior ordinance shall be in conflict, and as to all other sections of ordinances not in direct conflict herewith, this ordinance shall be and is hereby made cumulative. SECTION 9. This ordinance shall become effective and be in full force and effect from and after its passage and publication as required by law. APPROVED AS TO FORM: �yr Y City Attorney -4- ORDYN"ANCE No. Title Adopted �� Final Adoption _ Published%�= Filer] Day of � �` , 19�-I City Secretary P- 0. :2216-A