HomeMy WebLinkAboutRegulating the Solicitation of Funds Residents of the City of South Bend and Providing Penalties Where such Solicitation Fraudulently Conducted of RespentedORDINANCE No. 4997 -67
Passed by the Common Council of the City of South Bend,
ig 67
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Presented by me to the Mayor of the City of South Bend,
June 27, in g 67
Approved and signed by
Clerk
of Common Council
Clerk
IDEAL 0011§1110 PRESS
FILED IN CLERK'S OFFICE
ORDINANCE N0. 4927 -67
APR 2 51967
AN ORDINANCE REGULATING THE SOLICITATION
OF FUNDS FROM RESIDENTS OF THE CITY OF KATHRYN L. BLOUGH
SOUTH BEND AND PROVIDING PENALTIES WHERE CITY CLERK, SOUTH BEND, IND.
SUCH SOLICITATION HAS BEEN
FRAUDULENTLY CONDUCTED OR REPRESENTED, AS AMENDED
WHEREAS, it is hereby found and determined by the Common Council of
the Municipal City of South Bend:
1. That numerous persons and organizations have been and are
soliciting funds in the Municipal City of South Bend on the
representation that such funds are to be used for charitable
purposes, when in truth and in fact such funds are being
used in large part for the private profit of unscrupulous
individuals promoting such solicitation;
2, That a variety of frauds and misleading devices are employed
in such solicitations;
3. That persons engaged in the business of promoting solicita-
tions fail to properly account for funds solicited;
4. That telephone solicitations by professional solicitors and
professional promoters are a cause of annoyance to the in-
dividuals solicited and, in many cases, tactics used by such
solicitors are coercive, abusive or misleading;
5, That as a result of such pernicious activities honest, deserv-
ing and needed charities suffer;
6. That residents of the city have been and are in constant peril
of being defrauded and imposed upon due to a lack of adequate
regulation of charitable solicitations, and
WHEREAS, the Common Council believes that if the public were given
full information concerning the solicitations, it could protect itself against
victimization by disreputable fund raisers, and
WHEREAS, it is necessary in the interest of the public welfare of the
Municipal City of South Bend for the Common Council to regulate solicitations
for charitable purposes,
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE MUNICIPAL
CITY OF SOUTH BEND THAT:
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DEFINITIONS
The following definitions shall be controlling with reference to
the provisions of this ordinance:
1. "Person" means any individual, firm, partnership, corporation,
company, association, society, organization, or league, and includes any
trustee, receiver, assignee, agent, or other representative thereof.
2. "Solicit" and "solicitation" means the request, directly or
indirectly, of money, credit, property, financial assistance, or other thing
of value on the plea or representation that such money, credit, property,
financial assistance, or other thing of value will be used for a charitable
purpose as those purposes are defined in this section. These words shall also
mean and include, but not be limited to, the following methods of securing
such money, credit, property, financial assistance, or other thing of value:
a. Any oral or written request;
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b. The making of any announcement to the local press
or by telephone concerning a local appeal or cam-
paign to which the public is requested to make a
contribution for any charitable purpose connected
therewith;
c. The distribution, circulation, posting, or publishing
of any handbill, written advertisement, or other local
publications.
d. The sale of, or the offer or attempt to sell any ad-
vertisement, advertising space, book, card, chance,
coupon, device, membership, merchandise, subscription,
ticket or other thing.
3. "Solicitation" as defined herein shall be deemed to have taken
place when the request is made, whether or not the person making the same
receives any contribution referred to in this section.
4. "Charitable" means and includes the words patriotic, philan-
thropic, social service, welfare, benevolent, educational, civic, or fraternal,
either actual or purported.
S. "Contributions" neans and includes the words slms, food, clothing,
money, property, subscription or pledge, and also donations under the guise of
loans of money or property.
6. "Cost of Solicitation" means all costs of whatever nature in-
curred in raising the funds solicited except bona fide educational material
in such instances where the solicitation plan involves the promotion or sale
of merchandise or an entertainment event; the cost of such merchandise or
entertainment shall not be considered as part of the cost of solicitation,
a
Compensation in whatever form paid to a "Professional Promoter or Profess-
ional Solicitor" is part of the "Cost of Solicitation ",
?. "Cost of Promotion" means, in connection with a charitable
solicitation, the reasonable cost of acquiring goods or merchandise or an
entertainment event when such is used in connection with the solicitation
but does not include the cost of selling the goods or admissions nor the
cost of bona fide educational materials. No cost included in the definition
of "Cost of Solicitation" shall be considered a "Cost of Promotion ",
8. "Professional Promoter" means a person who for compensation
plans, promotes, conducts, manages or carries on or attempts to plan, pro-
mote, conduct, manage or carry on any drive or campaign for the purpose of
solicitation contributions for or on behalf of any charitable person or en-
gages in the business of solicitating contributions for charitable purposes,
A bona fide officer or regular employee of a charitable person shall not be
deemed a profess onai promoter by reason of his participation in charitable
solicitations made by or on behalf of his employer,
9, "Professional Solicitor" means any person other than a pro-
fessional promoter who is employed or retained for compensation to make
solicitations in connection with a charitable solicitation or soiicitationso
A bona fide officer or regular employee of a charitable person shall not be
deemed a professional solicitor by reason of his participation in chari-
table solicitations made by or on behalf of his empioyer.
10. "Religious" and "Religion" or "Church" means any activity dir-
ectly involving the promulgation or observance of any system of worship or
to the building or maintenance of places of worship. The words "Religious"
and "Religion" or "Church" as used herein do not include "Charitable" activ-
ities as defined herein, even though cared on or sponsored by a religious
organization.
11, "Commission" means the Charitable Solicitations Commission
of the Municipal City of South Bend, Indiana°
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12. "Political Parties" as defined by Indiana law, their subdivisions,
and their bona fide candidates for public office are specifically exempted
from and shall not be subject to the provisions of this ordinance as the in-
tent of the ordinance is to regulate the solicitation of charitable contribu-
tions
13, Charitable Solicitations which raise less than $500°00 in total
contributions shall not be subject to the provisions of this ordinance,
II
CHARITABLE SOLICITATIONS COMMISSION
There is hereby created, for the administration of this ordinance,
a Charitable Solicitations Commission. Members of this Commission shall be
appointed by the Mayor to serve for a period of four years and any vacancy
occurring shall be filled in the same manner as provided for in the original
appointment except that the first Commission shall be appointed as follows:
Three of the members shall be appointed for a term of one(1) year; two shall
be appointed for a term of two (2) years; and two shall be appointed for a
term of three (3) years Thereafter, all terms shall be for a period of
four (4) years as hereinabove provided. The members of this Commission shall
serve without remuneration and any member thereof may be removed by the Mayor.
The Charitable Solicitations Commission shall be composed of seven members
and shall consist of one member who shall be an officer of the Police Depart-
ment who shall be designated by the Chief of Police and six additional members
to be appointed by the Mayor, one on recommendation of the St. Joseph County
A.P.L,- C,I,0. Council, one on recommendation of the Better Business Bureau,
one on recommendation of the Council of Churches of St. Joseph County, one on
recommendation of the St. Joseph County Veteran Commander's Council and two
from the citizenry -at large; provided, however, that the Mayor is not required
to appoint all or any of the candidates so recommended. It is further provided
that no one shall be appointed as a member of the commission who is the organi-
zer or local head of any charitable, educational or philanthropic agency,
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The Commission shall organize by electing its own officers, deter-
mine its time and place of meetings and shall adopt such other regulations
as in its own judgment shall be necessary for the successful administration
of the terms and conditions of this ordinance. Five of the members shall
constitute a quorum. All actions of the Commission may be by a simple
majority of the members except as otherwise provided. The Commission shall
have power to issue permits and revoke permits as herein after provided and
further, have the power to summon witnesses, take testimony, to make in-
vestigations, conduct hearings and do and perform all other acts which may
be necessary and proper within the scope of its duties and functions.
The Commission shall give to the public full information, from
time to time, about its activities and shall publish an annual report
analyzing the effectiveness of its regulations and the activities of per-
sons registered under this ordinance.
III
REGISTRATION AND PERMIT REQUIRED; EXCEPTION
No person shall solicit contributions within the Municipal City
of South Bend, Indiana, for any person or charitable purpose unless the
person for whose benefit the solicitation is conducted is registered with
the Commission and a permit for such solicitation has been issued by the
Commission; provided, however, that the provisions of this section shall
not apply:
(1) To any solicitation made by and on behalf of a person or
charitable purpose if conducted by members or officers there-
of voluntarily and without remuneration for such solicitation,
among the established and bona fide membership thereof or the
normal constituency or supporters thereof, or
(II) If the solicitation is in the form of collections or contribu-
tions of regular assembly or services of such person or chari-
table purpose.
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IV
APPLICATION FOR REGISTRATION AND PERMIT
An application for registration and a permit to solicit shall be
made to the Commission upon forms prescribed by it. Such application shall
be sworn to or affirmed and filed with the Commission not less than sixty
(60) days prior to the time at which the permit applied for shall become
effective, provided, however, that the Commission may, for good cause shown,
allow the filing of an application less than sixty (60) days prior to the
effective date of the registration and permit applied for. The application
herein required shall contain the following information:
1. The name, address or principal office of the person
applying for the permit;
2. If the applicant is not an individual, the names and
addresses of the applicant's principal officers and executives and a copy
of the resolution, if any, authorizing such solicitation, certified to as
a true and correct copy of the original by the officer having charge of
the applicant's records;
3. The purpose for which solicitation is to be made, the total
amount of funds proposed to be raised thereby, and the use or disposition
to be made of any receipts therefrom;
4. A specific statement, supported by facts, and figures, if
any, showing the need for the contributions to be solicited;
5. The names and addresses of the person or persons by whom
the receipts of such solicitations will be disbursed;
6. The name and address of the person or persons who will be
in direct charge of conducting the solicitation, and the names of all fund
raisers connected or to be connected with the proposed solicitation if
said fund raisers shall receive any paid compensation for their services;
7. An outline of the method or methods to be used in conducting
the solicitation;
8. The time when such solicitation will be made, giving the
preferred dates and the hour of day for the commencement and termination
of such solicitation.
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9. The estimated cost of the solicitation;
10. The amount of any wages, fees, commissions, expenses, or
emoluments to be expended or paid to any person in connection with such
solicitations, and the names and addresses of all such persons. The Com-
mission may elect not to require such information as to regular staff or
charitable organizations maintaining a permanent office in said Municipal
City of South Bend;
11. A financial statement for the past preceding fiscal year of
any funds collected for charitable purposes by the applicant, said state-
ment giving the amount of money so raised, together with the cost of rais-
ing it, and final distribution thereof;
12. A full statement of the character and extent of the chari-
table work being done or to be done by the applicant, and showing how much
thereof is being done or to be done in the Municipal City of South Bend;
13. A statement to the effect that if registration and a permit
is granted, it will not be used or represented in any way as an endorsement
by the Municipal City of South Bend or by any department or officer thereof;
14. Such other information as may be reasonably required by the
Commission in order for it to determine the kind, character, and method of
the proposed solicitation, and whether such solicitation is in the interest
of, and not inimical to, the safety, convenience, or welfare of the resi-
dents of the Municipal City of South Bend;
15. If, while any application is pending, or during the term of
any permit granted thereon, there is any substantial change in fact, policy,
or method that would materially alter the information given in the appli-
cation, the applicant shall notify the Commission in writing thereof within
seventy -two (72) hours after such change. Should the applicant fail to so
notify the Commission, any permit issued to said applicant prior thereto
shall stand suspended until a hearing is had pursuant to Article XVIII
hereinafter set forth.
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V
FEES
Each person registered for each applicant, at the time of appli-
cation for registration and permit shall pay to the Controller of the
Municipal City of South Bend a fee fixed by the Commission which shall not
be less than one dollar ($1 <00) nor more than five hundred dollars ($500.00).
The Commission shall establish a schedule of fees based upon the
amount raised by solicitations on behalf of the person during its preceeding
fiscal year and the City's total expense of regulating charitable solici-
tations during the preceeding calendar year,
VI
INVESTIGATION
The Commission shall examine all applications filed under Section
IV hereof and shall make, or cause to be made, such further invest g.�Ltion
of the application and the applicant as the Commission shall deem necessary
in order for it to perform its duties under this ordinance. Upon request
by the Commission, the applicant shall make available for inspection by the
Commission, or any person designated in writing by the Commission as its
representative for such purpose, all of the applicant's books, records,
and papers at any reasonable time before the application is granted, during
the time a permit is in effect, or after a permit has expired
VII
STANDARDS
The Commission shall grant the registration and permit provided
for in Section IV hereof whenever it finds or reasonably believes:
1. That all of the statements made in the application are true;
2. That the applicant, or if the applicant is not an individual
person, that its managing officers and managing agents be of good character
and reputation for honesty and integrity;
3. That the local control and supervision of the solicitation will
be under local, responsible and reliable persons;
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4. That the applicant is not engaged in any fraudulent trans-
action or enterprise;
S. That the solicitation will not be a fraud on the public;
6. That the solicitation is prompted solely by a desire to
finance the charitable cause described in the application, and will not be
conducted primarily for private profit;
7. That the cost of solicitation and /or promotion shall be
reasonable and shall not exceed a reasonable portion of the receipts to
be realized from the solicitation. Whenever any Professional Promoters
or Professional Solicitors are employed in connection with the solicita-
tion a copy of the contract between the applicant and such Professional
Promoters or Professional Solicitors must be submitted to the Commission
with the application for registration and permit in order that the Com-
mission may determine whether said contract is in compliance with the
provisions of this ordinance.
8. That the kind, character, and method of the proposed solici-
tation,_ u, are such that
the solicitation will be in the interests of and not inimical to the safety,
convenience, or welfare of the residents of the said Municipal City of
South Bend;
9. That the Commission shall file with its secretary for public
inspection a written statement of its findings of fact and its decision upon
each application. If the application is denied, the Commission shall notify
the applicant by certified mail, at the address given in the application,
stating the reasons therefor.
VIII
COST OF SOLICITATIONS - LIMITATIONS
The cost of solicitation for a charitable solicitation shall not
exceed a reasonable portion of the gross amount realized from such solici-
tation after deduction of the cost of promotion. Cost of solicitation in
excess of twenty -fire percent (25 %) of the gross amount realized from the
solicitation after the deduction of cost of promotion shall establish a
prima facie case that the cost of solicitation is unreasonable.
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IX
COST OF PROMOTION - LIMITATIONS
The ccst of promotion for a charitable solicitation shall not
exceed a reasonable portion of the gross amount realized from all events
held and publications, debts and services sold, given away, or used as
prizes in connection with the solicitation. Cost of promotion in excess of
seventy -five percent (75 %) of the gross amount realized from such events,
publications, goods and services shall establish a prima facie case that
the cost of promotion is unreasonable.
X
MISREPRESENTATION
1. No person shall directly or indirectly solicit contributions
for any purpose by misrepresentation of his name, occupation, financial
condition, social position, residence, or principal place of business, and
no person shall make or cause to be made any misstatement, deception, or
fraud in connection with any solicitation of any contribution for any pur-
pose in the Municipal City of South Bend, or in any application or report
filed under this ordinance.
2. No charitable organization or professional fund raiser
soliciting contributions shall use a name, symbol, or statement so closely
related or similar to that used by another charitable organization or
governmental agency that the use thereof would tend to confuse or mislead
the public.
3. Nor shall a charitable organization or professional fund
raiser, solicit funds by the use of statements or material that would in-
dicate that such funds were being raised for an organization or agency from
which such organization or agency explicit permission for the raising of
such funds has not been received in accordance with other provisions of this
ordinance.
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EMi
BOOKS AND RECORDS
No person shall solicit any contributions for any charitable pur-
pose without maintaining a system of accounting whereby all donations to it
and all disbursements by it are entered upon the official books or records
of such person's treasurer or other financial officer.
XII
REPORTS REQUIRED
It shall be the duty of all persons registered and issued permits
under this ordinance to furnish to the Commission within sixty (60) days
after the solicitation has been completed, a report and financial statement
showing the amount raised by the solicitation, the amount expended in coll-
ecting such funds, including a report of the wages, fees, commissions, and
expenses, paid to any person in connection with such solicitation, and the
disposition of the balance of the funds collected by the solicitation. In
the case of charitable organizations maintaining a permanent office in the
Municipal City of South Bend, the wages of regular full -time staff employees
may be entered as a total figure. The entire report filed by said person
shall be available for public inspection. The permit holder shall make
available to the Commission, or to any person designated in writing by the
Commission as its representative for such purpose, all books, records, and
papers whereby the accuracy of such report may be verified.
XIII
CHARITABLE SOLICITATIONS REGISTRATION AND PERMIT - FORM
Registrations and permits issued under this ordinance shall bear
the name and address of the person to whom the permit is issued, the serial
number of the permit, the date issued, the dates within which the permit
holder may solicit, and a statement that the permit does not constitute an
endorsement by the Municipal City of South Bend or by any of its depart-
ments, officers, or employees of the purpose or of the persons conducting
this solicitation. All permits must be signed by the Chairman of the
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Commission and by the Mayor of the Municipal City of South Bend. Each
solicitor of the charitable organization will be provided with an informa-
tion card or similar identification signed by the person having control
and supervision of the solicitation. Said card or identification shall
carry on its face the name and address of the person to whom the permit
was issued, the number of the permit, the dates during which the permit
holder may solicit and shall identify by name the individual holder of
said card or identification. Any individual soliciting without said card
or identification shall be deemed to be in violation of this ordinance
and said card or identification shall be provided for said individual solici-
tor by and at the expense of the permit holder.
Any permit issued by the Commission under this ordinance shall
not be transferable or assignable.
XIV
NOTICE OF INTENT
Any person, except churches and their directly connected
agencies, desiring to conduct a charitable solicitation or on whose behalf
a charitable solicitation is to be conducted shall file, at least sixty
(60) days prior to the commencement thereof, with the Commission, a Notice
of Intent containing the following information:
(1) The proposed use of the net proceeds of the solicitation
under the general headings required for reports under
paragraph five (5) hereof.
(11) The manner in which the solicitation shall be conducted,
and an estimate of the cost of solicitation and the cost
of promotion, if any and of the net proceeds expected for
the charitable purpose.
(III) If a professional Promoter or any Professional Solicitor are
to be employed a copy of the contract of each.
(IV) A certified copy of the resolution or other action authoriz-
ing the solicitation.
12
of promotion, if any and of the net proceeds expected for
the charitable purpose.
Delete- - - - - -- (III) If a professional Promoter or any Professional Solicitor are
to be employed a copy of the contract of each.
(IV) A certified copy of the resolution or other action authoriz-
ing the solicitation.
(V) A report of all the receipts of the person during his pre-
ceding fiscal year or all of its receipts from solicita-
tions during the most recent year in which a charitable
solicitation was conducted by or on behalf of such charitable
person. Such report shall show the gross amount raised by
solicitation, during the period covered, what portion thereof,
if any, is attributable to promotional activities, the cost
of promotion, the cost of solicitation and the amounts, if
any, paid to each Professional Promoter and Professional
Solicitor. The report shall also show what portion of the
proceeds, if any, was allocated for local use and what portion,
if any, was allocated to a national organization.
The proportions allocated respectively to local use or to a nat-
ional organization shall each be broken down in the report under the follow-
ing categories insofar as they are applicable or among such other categories
as may be approved by the Commission:
1. Agency administration.
2. Information and public education activities.
3. Social services.
4. Hospital care.
5. Educational institutions.
6. Research,
7. Other civic or philanthropic purposes.
8. Capital improvements.
The Commission may, in its discretion, waive the filing of such
statements as are duplicated substantially by reports already on file pur-
suant to this section or to any other section of this Ordinance.
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XV
REQUIREMENT OF WRITTEN RECEIPT
Any person receiving money or anything having a value of one
dollar ($1,00) or more from any contributor under a solicitation made pur-
suant to a permit granted under this ordinance shall give to the contribu-
tor, upon request, a written receipt signed by the solicitor showing plainly
the name and permit number of the person under whose permit the solicitation
is conducted, the date, and the amount received; provided, however, that
this section shall not apply to any contributions collected by means of a
closed box or receptacle used in solicitation with the written approval of
the Commission, where it is impractical to determine the amount of such
contributions,
i.
X
HEARINGS
If the Commission denies an application for registration and per-
mit it shall notify the applicant of its decision and the grounds therefor
by certified mail, return receipt requested, and within five (5) days after
the receipt of such notification, the applicant may fire a written request for
public hearing on the application, together with exceptions to the grounds
upon which the Commission based its denial of the application, Upon the
filing of such request, the Commission shall fix a time and place for the
hearing, which shall be within fifteen (15) days after the request is filed,
and shall notify the applicant thereof, At the hearing, the applicant may
present evidence in support of his application and exceptions. Any interested
person may be allowed to participate in the hearing to present evidence in
opposition to the application and exceptions, Within ten (10) days after the
conclusion of the hearing, the Commission shall render a written report either
granting or denying the application and shall state grounds upon which the
decision is based.
A copy of said report shall be served by certified mail, return
receipt requested, upon the applicant, Said report shall constitute a
public record.
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XVII
REVIEW
Any action taken by the Commission shall be final, except that
any person or applicant may appeal to the Mayor for a review. The Mayor
at his discretion may review, amend, modify, affirm or reverse a Commiss-
ion action. The appeal shall be taken within twenty (20) days after the
decision of the Commission complained about is mailed to the applicant or
charitable person. Any appeal shall be initiated by filing a written not-
ice of appeal with the Mayor and a copy with the Commission, setting forth
the decision appealed from and the reason why appellant feels the decision
is erroneous. The Mayor may adopt rules establishing procedures for hear-
ing appeals taken. Any person claiming to be prejudiced by action of the
Commission or of the Mayor under this ordinance may appeal to the St. Joseph
County Cix::ult or Superior Court to reverse such action, but such appeal
shall be limited to the claim that the Commission or Mayor has violated the
appellants constitutional rights, has acted in excess of its jurisdiction,
or has acted unreasonably, arbitrarily, and beyond the limits of its reason-
able discretion. The members of the Commission and the Mayor shall not be
liable far damages or for any claim against them as individuals because of
action taken by them in performance of their duties under this ordinance.
Th-'s :rd nan-e shall be liberally construed to achieve its purpose.
XVIII
REVOCATION
Whenever it shall be shown or whenever the Commission has reason
to believe that any person registered under this ordinance has violated any
of the provisions thereof, or that any promoter, agent, or solicitor of a
permit holder has misrepresented the purpose of the solicitation, the
Commission shall immediately suspend the permit and give the permit holder
written notice in person or by certified mail, return receipt requested,
of the suspension and of a hearing to be held within seven (7) days of
such suspension to determine whether or not the permit should be re-
is
voked. This notice must contain a statement of the facts upon which
the Commission has acted in suspending the permit. At the hearing the
permit holder, and any other interested persons, shall have the right to
present evidence as to the facts upon which the Commission based the
suspension of the permit and any other facts which may aid the Commission
in determining whether this ordinance has been violated and whether the
purpose of the solicitation has been misrepresented. If, after such
hearing, the Commission finds that the ordinance has been violated or
the purpose of the solicitation has been misrepresented, it shall within
two (2) days after the hearing file in its office for public inspection
and send to the permit holder by registered mail, or serve him in any
manner provided by general law for the service of notices, a written
statement of the facts upon which it bases such a finding and shall
immediately revoke the permit. If, after the hearing, the Commission
finds that this ordinance has not been violated and the purpose of the
solicitation has not been misrepresented, it shall, within two (2) days
after the hearing give to the permit holder a written statement cancelling
the suspension of the permit and stating that no violation or misrepresent-
ation was found to have been committed.
In all cases where a suspension of the permit occurs, the Chief
of Police shall be notified forthwith by the Commission of the suspension
or revocation of any permit issued under this ordinance. In like manner,
the Commission shall immediately notify the Chief of Police, subsequent to
the hearing provided for hereinabove of the decision of the Commission.
,� 1'
PENALTIES
Any person, as hereinbefore defined, or any agent, servant,
employee, or officer thereof, violating any of the provisions of this or-
dinance, or who aids or abets in the procuring of a violation of any pro-
vision, part or portion of this ordinance, or who files or causes to be
filed an application for a permit which contains false or fraudulent
16
statements of fact, shall be deemed guilty of a misdemeanor and upon con-
viction thereof shall be fined not less than Fifty Dollars ($SO.00) nor
more than Three Hundred Dollars ($300.00) for each offense, and /or undergo
imprisonment for not more than six (6) months, or both. Each violation
shall be deemed a separate offense, and each act in violation of this ordi-
nance shall constitute a separate offense and shall be punishable as such.
XX
SEPARABILITY
If any provision, section, sentence, clause or phrase of this
ordinance shall for any reason be adjudged or declared by any court of
competent jurisdiction to be unconstitutional or invalid, such judgment or
decision shall not affect the validity of the remaining portions of this
ordinance.
XXI
EMERGENCY CLAUSE
Since an emergency exists requiring passage of this ordinance
for the protection of the residents of the Municipal City of South Bend,
said ordinance shall be in full force and effect from and after its passage
by the Councii, approval by the Mayor, and compliance with all statutory
requirements.
i
i
Member of the Common Council
let & 2nd READING 5 -8 -67
COMMITTEE OF THE WHOLE 5 -22 -67 - continued 6 -26 -67
PURLG HEARING 5 -22 -67 - 6 -26 -67
3rd READING 6 -26 -67
NOT APPROVED 17
REFERRED Ordinance Committee 5 -22 -67
PASSED 6 -26 -67