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AN ORDINANCE TO AMEND CHAPTER 26 OF THE CODE OF THE CITY OF <br />PORTSMOUTH, 1988, BY AMENDING SECTIONS 26-46, 26-54, 26-66, <br />26-67(a), 26-72(b), AND 26-73 THEREOF, AND BY ADDING SECTION <br />26-74, THERETO, PERTAINING TO SOLICITATION OF CONTRIBUTIONS. <br /> <br /> BE IT ORDAINED by the Council of the City of Portsmouth, <br />Virginia: <br /> <br /> 1. That Section 26-46 of the Code of the City of <br />Portsmouth, Virginia, be amended by amending subsection (4) <br />the definition of "solicit" and "solicitation" to read as <br />follows: <br /> <br />of <br /> <br />Section 26-46~ <br /> <br />Definitions. <br /> <br /> (4) The sale of, offer or attempt to sell any <br />advertisement, advertising space, subscription, ticket or any <br />service or tangible item in connection with which any appeal <br />is made for any charitable purpose or where the name of any <br />charitable or civic organization is used or referred to in any <br />such appeal as an inducement or reason for making any such <br />sale, or when or where, in connection with any such sale, any <br />statement is made that the whole or any part of the proceeds <br />from any such sale will be donated to any charitable purpose. <br /> <br /> 2. That Sections 26-54, <br />26-73 of the Code of the City <br />be amended to read as follows: <br /> <br />26-66, 26-67(a), 26-72(b), and <br />of Portsmouth, Virginia, 1988, <br /> <br />Section 26-54. Actions to enjoin violations of article. <br /> <br /> (a) Whenever the City Attorney has reason to believe <br />that any charitable or civic organization, professional <br />fund-raising counsel or professional solicitor is operating in <br />violation of the provisions of this article, he may, in <br />addition to all other actions authorized by law, bring an <br />action in the name of the Commonwealth against such charitable <br />or civic organization such professional fund-raising counsel <br />or professional solicitor, or their officers, directors, or <br />other agents to enjoin the continuation of such violation, <br />solicitation or collection, or ~he engaging therein, or the <br />conducting of any acts in furtherance thereof and for such <br />other relief as the court deems appropriate. <br /> <br /> (b) In any action brought under subsection (a), the <br />court may also award to the Commonwealth a civil penalty of <br />not more than $5,000 per violation, to be paid to the state <br />Literary Fund, and reasonable expenses incurred by the City in <br /> <br /> <br />