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Home My WebLink AboutORD FOR INTRO 2 04-05-93AGENDA. _RDINANCE FOR INTRODUCTION NO. 2 5-93 DATE: MARCH 311 1993 Inter -Com TO:- HONORABLE MAYOR AND CITY COUNCZLMEMBERS FROM: CITY ATTORNEY SUBJECT: PICZZTINo or raxvATa BOXES This Memorandum is intended to respond to the City Council's recent request for a review of the City's options regarding the prohibition of picketing in front of or around private homes within the City. The City Council's request was prompted by a March 15, 1993, letter from Mrs. Naomi Hardin, a City resident whose home has become a target for picketing by Operation Rescue and/or the Pro - Life Coalition of Tustin. Ms. Hardin has requested that the City consider an ordinance banning picketing in front of City residences. It is the opinion of this office that, should the City _- Council so desire, such an ordinance may be legally adopted. Although the practico of picketing has been accorded broad protection under the free speech and assembly provisions of both the state and federal constitutions, that protection is not unlimited. In Frisby V. Schultz (1988) 487 U.S. 474, 101 L.Ed.2d 420, the United States Supreme Court upheld a municipal ordinance which banned picketing directed at and carried out. in front of a specific dwelling. The Court noted the unique nature of the home as "the last citadel of the tired, the weary, and the sick," and stated that the public interest in prooerving and protecting the well-being, tranquility and privacy of the home "is of the highest order in a free and civilized society." The importance of these interests, the Court held, outweighs the competing free speech and assembly rights of those engaged in picketing. It is important to note that, while the City may prohibit picketing directed at and carried out in front of specific individual homes, the City may not enact a more general ban on picketing in residential neighborhoods. Thus, a regulation banning picketing in front of a few houses will likely be upheld. But a regulation banning picketing through an entire neighborhood would likely be stricken. Attached for your review are two proposed Ordinances prohibiting picketing which is focused on specific private residences. Both Ordinances are based in lwrrye part upon the Frisby decision, and upon a similar ordinance adopted by the City 03-31-93 12:02PM FROM ROURKE,WOODKI-F,SPRA TO TUSTIN CITY HALL Honorable Mayor and City Councilmembers March 31, 1993 Peg* Two P003/006 of Davis in October of 1992. The first is a regular, non -urgency Ordinance which, if adopted, will go into effect thirty days after its adoption. The second is an Urgency Ordinance which if h approved by no less than 4/5 of the members of the City Council, will go into effect immediately upon its adoption. The Urgency Ordinance should be considered by the City Council if the Council believes that there is a possibility that picketing targeted at specific private residences may occur before a regularly Adopted Ordinance would become effective. JAME1 O URR CITY ATTORNEY MLB:1w:R1:3/3l/93(G573.1w) Attachment cc: William Huston OOBABMTISTY ATTORNEY 1 2 3 4 5 6 7 8 7 10 11 12 13 14 15 16 17 18 191 20 21 22 23 0zP2I 25 26 27 28 ORDINANCE NO. 1108 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING CHAPTER 5 TO ARTICLE 6 OF THE TUSTIN MUNICIPAL CODE PROHIBITING PICKETING FOCUSED ON SPECIFIC PRIVATE RESIDENCES AND ESTABLISHING CRIMINAL PENALTIES THEREFOR The City Council of the City of Tustin hereby ordains as follows: Section 1. Chapter 5, Section 6500 et seq., is hereby added to Article 6 of the Tustin Municipal Code, which shall read as follows: "CHAPTER 5 PICKETING OF PRIVATE RESIDENCES 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 homes is the ability to avoid intrusions and unwanted speech. (c) Picketing which targets the dwellings of specific residents of the City is an inherent and offensive intrusion on residential privacy. (d) Picketing before or about dwellings obstructs and interferes with the free and safe use of public sidewalks and public streets. (e) The purpose of this chapter is to protect and preserve the well-being, tranquility and privacy of the home by ensuring that residents of the City are free from picketing directed specifically at them. (f) This chapter is enacted for the further purpose of protecting the free and safe use of public sidewalks and streets. 6520 PICKETING OF TARGETED PRIVATE RESIDENCES PROHIBITED It is unlawful for any person to engage in picketing 11 2 3 41 5 6 7 8 a 10 11 12 13 141 Ordinance No. 1108 Page 2 before or about the residence or dwelling of any individual, where such picketing is focused or targeted against that residence, dwelling or individual. 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). Imprisonment shall not exceed six months for each violation of this chapter." PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this day of , 19_ MARY E. WYNN, City Clerk 20 21 22 23 24 25 26 27 LESLIE ANNE PONTIOUS, Mayor 2811 2 63-31-53 12:02PM FROM RGuat::,WOODRUFF,SPRA TO TUSLIN CITY HALL P004/006 1 2 3 4 b 6 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1108 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING CHAPTER S TO ARTICLE 6 OF THE TUSTIN MUNICIPAL CODE PROHIBITING PICKETING FOCUSED ON SPECIFIC PRIVATE RESIDENCES AND ESTABLISHING CRIMINAL PENALTIES THEREFOR The City Council of the City of Tustin hereby ordains as l follows: Section 1. Chapter 5, Section 6500 et seg., is hereby added to Article 6 of the Tustin Municipal Code, which shall read as follows: "CHAPTER 5 PICKETING OF PRIVATE RESIDENCES 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 home= in the ability to avoid intrusions and unwanted speech. (c) Picketing which targets the dwellings of specific residents of the City is an inherent and offensive intrusion on residential privacy. (d) Picketing before or about dwellings obstructs and interferes with the free and safe use of public sidewalks and public streets. (a) The purpose of this chapter is to protect and preserve the well-being, tranquility and privacy of the home by ensuring that residents of the City are fraP from picketing directed specifically at them. (f) This chapter is enacted for the further purpose of protecting the free and safe use of public sidewalks and streets. 6520 PICKETING OF TARGETED PRIVATE RESIDENCES PROHIBITED It is unlawful for any person to engage in picketing 03-31-93 12:66A FitON, iiuuRH,WOODRUFF, SHA TO TUSTIN CITY HALL P005/006 1 2 3 4 5 B 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 29 27 28 ordinance No. 1108 Page 2 before or about the residence or dwelling of any individual, where such picketing is focused or targeted against that residence, dwelling or individual. 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 exceod one thousand dollars Imprisonment shall not exceed six months for each violation of this chapter." Section 2. In adopting this Urgency Ordinance, the City Council finds: a. That picketing focused on specific residences has already occurred within the City, to the detriment of the well-being, tranquility and privacy of the residents thereof; and b. The City council has been presented With reasonable and credible evidence that, unless adopted as an Urgency Ordinanc such picketing will again occur before the prohibitions establis}. by this ordinance would otherwise become effective. Based upon the above findings, the city Council declares that this Urgency Ordinance is required for the immediate preservation of the public peace, health or safety. Therefore, this Ordinance shall become effective immediately upon its affirmance by at least four-fifths of the members of the City Council, in accordance with California Government Code Section 36937. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this day of _. , ip MARY E. WYNN, City Cler 03963W LESLIE ANNE PONTIOUS, Mayor 2