§ 4-8-15. AFFIRMATIVE DEFENSES.

(A)

It is an affirmative defense to a prosecution for a failure to register under this chapter that:

(1)

the person owns, publishes, or is employed by a news medium that in the ordinary course of business disseminates news, editorial, or other comment, or paid advertisements that directly or indirectly oppose or promote municipal questions, if:

(a)

the person's only activity is in connection with the preparation and publication of the news medium; and

(b)

the position taken or advocated by the news medium does not directly affect or seek to influence a municipal question in which the news medium outlet has a direct financial interest;

(2)

the person's only activity is to encourage or solicit a member, employee, or stockholder of an entity by whom the person is reimbursed, employed, or retained to communicate directly with a City official to influence a municipal question;

(3)

the person's only activity is an expenditure to attend a meeting or entertainment event attended by one or more City officials, if the cost of the meeting or entertainment event is not paid, in whole or in part, by the person or the person's client;

(4)

the person's only activity is an expenditure for the purchase of copies of City documents;

(5)

the person's only activity is in connection with employment by a registrant for the purpose of assisting in lobbying, the person does not communicate with a City official on a municipal question, and the person's reportable activity is reported by the registrant;

(6)

a person whose only activity is public testimony at a meeting open to the public, regardless of whether the person is compensated for the testimony, or whether the person makes expenditures in connection with preparation for the testimony;

(7)

a person who is appointed to a City board or task force, whose communication with a City official is solely and directly related to that public service, and who does not otherwise meet a threshold under § 4-8-3 ( Registration Requirement );

(B)

It is an affirmative defense to a prosecution under this chapter that compensation is an element of the offense and the alleged compensation is solely from sources described in § 4-8-3(C) ( Registration Requirement ).

(C)

It is an affirmative defense to a prosecution for filing a late report, incomplete, or incorrect report that the person responsible for filing the report filed a complete and correct report not later than the 14th business day after the date the person responsible for filing the report becomes aware of the error or omission, other than by or after a filed complaint or an audit under § 4-8-10 ( Audit ), in the registration or report originally filed.

Source: Ord. No. 20160922-005, Pt. 1, 6-1-17 .

Editor's note

Ordinance No. 20160922-005 takes effect on June 1, 2017.