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HomeMy WebLinkAbout1993-05-25; City Council; NS-241; CMC 8.54 adds - Prohibit private residences picketing...., I I 1 2 3 4 5 6 7 8 9 10 11 - 12 U sug Y2- aaA 408 Ou2 iUU $055 kC5C 0O0B <,si zwm4 02'0 Crrqn tJZ E:; a01 t2s go 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 0 0 ORDINANCE NO. NS-241 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 8 BY THE ADDITION OF CHAPTER 8.54 TO THE CARLSBAD MUNICIPAL CODE TO PROHIBIT PICKETING OF PRIVATE RESIDENCES. WHEREAS, the City has a legitimate interest in protec the well-being, tranquility and privacy of the home ol individual member of the public; and WHEREAS, the public interest requires the adoption narrowly drawn ordinance to protect private residences picketing; and WHEREAS, this ordinance is narrowly tailored to pro? picketing focused on and taking place in front of a partic residence; and WHEREAS, it is the intent of the City Council of the of Carlsbad in enacting this ordinance to prohibit pickc focused on and taking place in front of a particular residenc order to preclude intrusion upon the privacy of the tar5 resident. NOW, THEREFORE, the City Council of the City of Carls California does ordain as follows: SECTION I: That Title 8 of the Carlsbad Municipal is amended by the addition of Chapter 8.54 to read as follows !'Chapter 8.54 Picketing Sections: 8.54.010 Intent and purpose. 8.54.020 Picketing private residence prohibited. 8.54.010 Intent and Purpose. It is the intent of the City Council in enacting Sec , 8.54.020 to adopt a limited prohibition against targeted pickc which shall be construed and applied in accordance with ,? h 1 2 3 4 5 6 7 8 9 10 11 Om Yr Err& low: 408 lkc3 4044 $WE :gg$ E22 9 (‘DL s ai OZJO SL-%a ““50 >..q 60 QOA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 interpretation given to a similar ordinance by the United St Supreme Court in Frisbv v. Schultz (1988) 487 U.S. 474. Sec 8.54.020 shall only prohibit picketing focused on and taking F in front of a particular residence. The limited purpose of prohibition is to preclude intrusion upon the constitution protected privacy rights of the targeted resident. 8.54.020 Picketins private residence prohibited. It is unlawful for any person to engage in picke before or about the residence or dwelling of any individual ir City of Carlsbad. It EFFECTIVE DATE: This ordinance shall be effective th days after its adoption, and the City Clerk shall certify to adoption of this ordinance and cause it to be published at 1 once in the Carlsbad Sun within fifteen days after its adopti INTRODUCED AND FIRST READ at a regular meeting of Carlsbad City Council on the 18th day of MAY r1 and thereafter PASSED AND ADOPTED at a regular meeting of the Council of the City of Carlsbad on the 25th day of May 1993, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, and Fi NOES: None ABSENT : None APPROVED AS TO FORM AND LEGALITY L R.f3+QaL, ATTEST: &0&.&.8-h ALETHA L. RAUTENKRANZ, City Cgrk