HomeMy WebLinkAbout11 RESIDENTIAL PIKETNG 02-02-98Inter-Com
NO. 11'
2-2-98
DATE:
FEBRUARY 2, 1998
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
OFFICE OF THE CITY CLERK
ORDINANCE NO. 1194, RESIDENTIAL PICKETING
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1194 (roll call
vote).
BACKGROUND:
The following Ordinance No. 1194 had first reading and introduction at the January
19, 19.98 City Council meeting:
ORDINANCE NO. 1194- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING ITS RESIDENTIAL PICKETING ORDINANCE
Valerie Crabill
Chief Deputy City Clerk
1 :ORDMEMO
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ORDINANCE NO. 1194
AN ORDINANCE OF THE
CITY OF TUSTIN, CALIFORNIA
AMENDING ITS RESIDENTIAL
PICKETING ORDINANCE
THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 5 of Article 6 of the Tustin City Code is amended to read
as follows:
Chapter 5
PICKETING OF RESIDENTIAL PROPERTIES
6510 Purpose.
In enacting this Chapter, the City Council finds as follows:
(a)
Protecting the well-being, tranquility, and privacy of the homes of residents of
the City is a significant governmental interest.
(b)
A special benefit of the privacy all residents enjoy within their residential
properties is the ability to avoid unwanted intrusions and unwanted speech.
(c)
The targeting picketing of a residential property creates a "captive audience"
situation because the occupants cannot readily move to another residence in
order to avoid the unwelcome picketing activity being directed at them.
(d)
Picketing which targets specific residential properties of residents of the City
is thus, an inherently and offensive intrusion on residential privacy.
(e)
The protection of the right to privacy in the home requires the enactment of a
reasonable' time, place, and manner restriction upon picketing activity.
(0
This ordinance is a necessary time, place and manner restriction intended to
reconcile and protect the First Amendment rights of picketers to peacefully
communicate and express their opinions to the public and the right of privacy
at home.
(g)
A buffer zone is a reasonable way to reconcile privacy interests and First
Amendment rights when picketing targets a specific residential property.
(h)
An ordinance prohibiting the targeted picketing of homes has been upheld by
the United States Supreme Court in Frisby vs. Schulz (1988) 487 U.S. 474,
and a 300 foot buffer zone has been upheld by a California court of appeal as
a reasonable exercise of the City's legislative discretion in regulating such
targeted picketing (City of ,San Jose v. Superior Court of Santa Clara County,
(1995) 32 Cal. App. 4th 330).
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(i)
This ordinance is not intended to preclude the right to picket in a residential
area generally and in a manner that does not target or focus upon a particular
residential property.
6520 PICKETING WITHIN 300 FEET OF TARGETED RESIDENTIAL PROPERTIES
PROHIBITED.
(a)
(b)
(c)
No person shall engage in picketing activity that is a targeted at and is within
three hundred (300) feet of a residential property.
For purposes of this Chapter, the term "residential property" means any
property being used by its occupants solely for nontransient residential uses.
For purposes of this Chapter, the term "targeted" picketing means picketing
activity that is targeted at a particular residential property and is intended to
proceed or does proceed on a definite course or route in front of or around a
particular residential property.
(d)
For purposes of this Chapter, 300 feet shall be measured from the nearest
property line of the targeted residential property to the picketing activity.
(e)
This Chapter does not and shall not be interpreted to preclude picketing in a
residential area that is not targeted at a particular residential property.
6530 VIOLATIONS
Violations of this Chapter shall constitute a misdemeanor punishable by fine or imprisonment,
or both. No fine imposed pursuant to this section for any single violation thereof shall exceed
one thousand dollars ($1,000.00). Imprisonment shall not exceed six (6) months for each
violation of this chapter.
SECTION 2. All of the provisions of this ordinance shall be construed together in
order to accomplish the purpose of these regulations. If any provison of this part is held by
a court to be invalid or unconstitutional, such invalidity or unconstitutionality shall apply only
to the particualr facts, or if a provison is declared to be invalid or unconstitutional as applied
to all facts, all of the remaining provisions of this ordinance shall continue to be fullly
effective.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held
on the~ day of ,1998.
JEFFERY THOMAS
Mayor
PAMELA STOKER
City Clerk
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