HomeMy WebLinkAboutORD 1194 (1998) I ORDINANCE NO. 1194
2 AN ORDINANCE OF THE
CITY OF TUSTIN, CALIFORNIA
3 AMENDING ITS RESIDENTIAL
PICKETING ORDINANCE
4
5 THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
6
SECTION 1. Chapter 5 of Article 6 of the Tustin City Code is amended to read
7 as follows:
8 Chapter 5
9 PICKETING OF RESIDENTIAL PROPERTIES
10 6510 Purpose.
11 In enacting this Chapter, the City Council finds as follows:
12 (a) Protecting the well-being, tranquility, and privacy of the homes of residents of
the City is a significant governmental interest.
13
(b) A special benefit of the privacy all residents enjoy within their residential
14 properties is the ability to avoid unwanted intrusions and unwanted speech.
15 (c) The targeting picketing of a residential property creates a "captive audience"
situation because the occupants cannot readily move to another residence in
16 order to avoid the unwelcome picketing activity being directed at them.
17 (d) Picketing which targets specific residential properties of residents of the City
is thus, an inherently and offensive intrusion on residential privacy.
18
(e) The protection of the right to privacy in the home requires the enactment of a
19 reasonable time, place, and manner restriction upon picketing activity.
20 (f) This ordinance is a necessary time, place and manner restriction intended to
reconcile and protect the First Amendment rights of picketers to peacefully
21 communicate and express their opinions to the public and the right of privacy
at home.
22
(g) A buffer zone is a reasonable way to reconcile privacy interests and First
23 Amendment rights when picketing targets a specific residential property.
24 (h) An ordinance prohibiting the targeted picketing of homes has been upheld by
the United States Supreme Court in Fri~by vs. Schulz (1988) 487 U.S. 474,
I court as
25 and a 300 foot buffer zone has been upheld by a Ca ifornia of appeal
a reasonable exercise of the City's legislative discretion in regulating such
26 targeted picketing (City_ of San Jose v. Superior Court of Santa Clam County_,
(1995) 32 Cal. App. 4th 330).
27
28
1t00-12
57399_1
I (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
2 residential property.
3 6520 PICKETING WITHIN 300 FEET OF TARGETED RESIDENTIAL PROPERTIES
PROHIBITED.
4
(a) No person shall engage in picketing activity that is a targeted at and is within
5 three hundred (300) feet of a residential property.
6 (b) For purposes of this Chapter, the term "residential property" means any
property being used by its occupants solely for nontransient residential uses.
7
(c) For purposes of this Chapter, the term "targeted" picketing means picketing
8 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
9 particular residential property.
10 (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.
11
(e) This Chapter does not and shall not be interpreted to preclude picketing in a
12 residential area that is not targeted at a particular residential property.
13 6530 VIOLATIONS
14 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
15 one thousand dollars ($1,000.00). Imprisonment shall not exceed six (6) months for each
violation of this chapter.
16
SECTION 2. All of the provisions of this ordinance shall be construed together in
17 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
18 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
19 effective.
20
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held
21 on the 2nd day of Feb., 1998.
22
RyrrHOM S
24 Mayor
25 "~~~ ~
R
26 PAMELA STOKE '.' ~ "
City Clerk.
27
28
1100-12 , .?., ,
57399_1
City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS ·
CITY OF TUSTIN )
ORDINANCE NO. 1194
Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of
the City of Tustin, California, does hereby certify that the whole
number of the members of the City Council of the City of Tustin is
five; that the above and foregoing Ordinance No. 1194 was introduced at
at regular meeting of the City Council on January 19, 1998, and was
passed and adopted at a regular meeting of the City Council held on
February 2, 1998 by the following vote:
COUNCILMEMBER AYES: Thomas, Saltarelli, Doyle, Potts, Worley
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
Pamela Stoker, City Clerk