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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