Key legal question
Whether applying Basel-Stadt Police Penal Code section 113 to the collection was arbitrary.
Extracted holding
No arbitrariness: the conduct met the ordinary meaning of prohibited collection, and the statutory elements of lack of police permit and collection for a non-exempt purpose were present.
Extracted reasoning
Collection means door-to-door solicitation of monetary contributions, especially where the amount is left to the giver's discretion. The appellant's conduct fit this definition and the exemption for local public, charitable, or communal institutions did not apply.