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NS-1464
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Last modified
1/3/2012 1:04:35 PM
Creation date
6/26/2003 10:08:06 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-1464
Date
12/4/1978
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ORDINANCE NO. NS- 1464 <br /> <br />AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING <br />SECTION 26-14 OF THE SANTA ANA MUNICIPAL CODE <br />TO PROHIBIT ISSUANCE OF A CHARITABLE SOLICITA- <br />TION PERMIT IF THE APPLICANT HAS BEEN CONVICTED <br />OF A CRIME INVOLVING MORAL TURPITUDE WITHIN <br />FIVE YEARS AND TO OMIT SUBSECTIONS (a) (2) AND <br />(a) (3) THAT REQUIRE A DETERMINATION THAT AN <br />APPLICANT BE A "RELIABLE AND RESPONSIBLE PERSON" <br />AND OF "GOOD CHARACTER" PRIOR TO GRANTING OF A <br />PERMIT FOR CHARITABLE SOLICITATION <br /> <br /> THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN <br />AS FOLLOWS: <br /> <br /> SECTION 1: That Section 26-14 of the Santa Ana Muni- <br />cipal Code is hereby amended to read as follows: <br /> <br />Sec. 26-14. Same - Standards for granting or denying <br /> permits; appeals. <br /> <br /> (a) The chief of police shall issue the permit re- <br />quired by Section 26-12(a) whenever, to the best of his know- <br />ledge, he finds that the following facts exist: <br /> <br />(1) That all the statements made in the application <br /> are true; <br /> <br />(2) <br /> <br />That the applicant or any officers of the appli- <br />cant have not been convicted of a felony or any <br />crime involving moral turpitude within five (5) <br />years preceding the date of application. <br /> <br />(3) That the applicant has not engaged in any frau- <br /> dulent transaction or enterprise; <br /> <br />(4) That the solicitation will not be a fraud on the <br /> public; <br /> <br />(5) <br /> <br />That the solicitation is promoted solely by a <br />desire to finance the charitable cause described <br />in the application and will not be conducted for <br />private profit; <br /> <br />(6) That the applicant has not violated this Code in <br /> the conduct of any prior solicitations. <br /> <br /> (b) The chief of police shall deny a permit whenever <br />he finds that any of the foregoing facts do not exist. <br /> <br /> (c) Before the chief of police denies a permit, he <br />shall, within fifteen (15) days of the date of the application, <br />serve upon the applicant by registered or certified mail a writ- <br />ten statement of his findings of fact and decision. <br /> <br /> SECTION 2: If any section, subsection, sentence, clause, <br />phrase or portion of this ordinance is for any reason held to be <br />invalid or unconstitutional by the decision of any court of compe- <br />tent jurisdiction, such decision shall not affect the validity of <br />the remaining portions of this ordinance. The City Council of the <br />City of Santa Ana hereby declares it would have adopted this ordi- <br />nance and each section, subsection, sentence, clause, phrase or <br />portion thereof irrespective of the fact that any one or more sec- <br />tions, subsections, sentences, clauses, phrases or portions be <br />declared invalid or unconstitutional. <br /> <br /> <br />
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