§ 6-56-7 — False or misleading solicitation

Sec. 6-56-7. - False or misleading solicitation.

A. Any person who knowingly makes any false, misuse, or misleading representation in the course of soliciting a donation is guilty of a misdemeanor. False or misleading representations include, but are not limited to, the following: 1. Stating that the donation is needed to meet a specific need, when the solicitor already has sufficient funds to meet the need and does not disclose that fact; 2. Stating that the donation is needed to meet a need which does not exist; 3. Stating that the solicitor is from out of town and stranded, when that is not true; 4. Wearing a military uniform or other indication of military service, when the solicitor is neither a present nor former member of the service indicated; 5. Wearing or displaying an indication of physical disability, when the solicitor does not suffer the disability indicated; 6. Use of any makeup or device to simulate any deformity; 7. Stating that the solicitor is homeless, when he is not; 8. Stating the donation is for food but in reality is used for "sidewalk" drugs, or illegal contraband; 9. Using and exposing minors/children and animals to hazardous conditions (i.e., cold, heat, animals, weather and/or strangers), to solicit funds; or 10. To offer to sell newspapers, magazines, periodicals, pamphlets for a price, which are offered free of charge to the general public. B. Any person who solicits a donation stating that the funds are needed for a specific purpose and then spends the funds received for a different purpose is guilty of a misdemeanor. C. This chapter and section establish a single offense. Evidence which establishes beyond a reasonable doubt that the defendant violated this chapter or section is sufficient for conviction and need not establish which section or subsection was violated.

(Code 1985, § 20-28(g); Ord. No. 4211, § 1, 12-14-1993; Ord. No. 4352, § 4, 8-15-1995; Ord. No. 5348, § 1(f), 4-13-2010)