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HomeMy WebLinkAboutORD 1108 (1993)1 ORDINANCE NO. 1108 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF 3 THE CITY OF TUSTIN, CALIFORNIA, ADDING CHAPTER 5 TO ARTICLE 6 OF THE TUSTIN MUNICIPAL CODE 4 PROHIBITING PICKETING FOCUSED ON SPECIFIC PRIVATE RESIDENCES AND ESTABLISHING CRIMINAL 5 PENALTIES THEREFOR 6 The City Council of the City of Tustin hereby ordains as 7 'follows: 8 Section 1. Chapter 5, Section 6500 et seq., is hereby added to Article 6 of the Tustin Municipal Code, which shall read as 9 follows: 10 "CHAPTER 5 !1 PICKETING OF PRIVATE RESIDENCES 12 6510 PURPOSE 13 In enacting this chapter, the City Council finds as follows: 14 (a) Protecting the well-being, tranquility, and 15 privacy of the homes of residents of the City is a significant governmental interest. 16 (b) A special benefit. of the privacy all residents 17 enjoy within their homes is the ability to avoid intrusions and unwanted speech. 18 (c) Picketing which targets the dwellings of 19 specific residents of the City is an inherent and offensive intrusion.on residential privacy- 20 (d) Picketing before or about dwellings obstructs 21 and interferes with the free and safe use of public sidewalks and public streets. (e) The purpose of this chapter is to protect and 23 preserve the well-being, tranquility and privacy of the home by ensuring that residents of the City are free from 24 picketing directed specifically at them. 25 (f) This chapter is enacted for the further purpose of protecting the free and safe use of public sidewalks 26 and streets. 27 6520 PICKETING OF TARGETED PRIVATE RESIDENCES PROHIBITED 28 It is unlawful for any person to engage in picketing 1 Ordinance No. 1]08 Page 2 2 5 before or about the residence or dwelling of any individual, where such picketing is focused or targeted 4 against that residence, dwelling or individual. 5 6530 VIOLATIONS 6 Violations of this chapter shall constitute a misdemeanor punishable by fine or imprisonment, or both. No fine 7 imposed pursuant to this section for any single violation thereof shall exceed one thousand dollars ($1,000). 8 Imprisonment shall not exceed six months for each vioIation of this chapter." Section 2. In adopting this Urgency Ordinance, the City 10 Council finds: !1 a. That picketing focused on specific residences has already occurred within the City, to the detriment of the well-being, '12 tranquility and privacy of the residents thereof; and 15 b. The City Council has been presented with reasonable and credible evidence that, unless adopted as an Urgency Ordinance, 14 such picketing will again occur before the prohibitions established by thi-s Ordinance would otherwise become effective. 15 Based upon the above findings, the City Council declares that 16 this Urgency Ordinance is required for the immediate preservation of the public peace, health or safety. Therefore, this Ordinance 17 shall become effective immediately upon its affirmance by at least four-fifths of the members of the City Council, in accordance with 18 California Government Code Section 36937. 19 PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this 5th day of April, 1993. 19~5. 22 ZE~iE ANNE PUNTIOUS, Mayor 24 ~2Y E. WYNN, City Clerk 25 26 2 City of Tustin ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) URGENCY' ORDINANCE NO. 1108 Mary E. Wynn, 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 Urgency Ordinance No. 1102 was duly passed and adopted at a regular meeting held on the 5th day of April, 1993, by the following vote: COUNCILMEMBER AYES: Pontious, Potts, Puckett, Saltarelli, Thpmas COUNCILMEMBER NOES: None COUNCILMEMBERABSTAINED: None COUNCII/fEMBER ABSENT: None e~E. Wynn, City Clerk