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HomeMy WebLinkAbout1993-05-18; City Council; 12229; INTRODUCTION OF AN ORDINANCE TO PROHIBIT PICKETING OF PRIVATE RESIDENCESl_i _--_L, z- INTRODUCTION OF AN ORDINANCE TO PROHIBIT PICKETING RESIDENCES ---- -__ _.__ - - ---=- __? Introduce Ordinance No. NS - 2q / adding Chapter 8.54 tc Carlsbad Municipal Code to prohibit picketing of prj residences. ITEM EXPLANATION In Frisbv v. Schultz (1988) 487 U.S. 474, the United States SUI Court upheld a town ordinance which expressly made it Vnlawfu any person to engage in picketing before or about the residenc dwelling of any individual in the Town.Il The Supreme ( construed the ordinance narrowly and found that if the scope o ordinance was limited to picketing directed at a single residc the ordinance survived constitutional scrutiny. In that c although the picketing in question was orderly and peaceful generated substantial controversy and numerous complaints. The rationale of the Supreme Court was that the ordinance content-neutral, reasonable regulation of protected s' regulating only the time, place and manner of the con Picketing on residential streets is not generally prohibited, picketing focused on a particular individual's residence. the ordinance permits the general dissemination of the me which picketers wish to communicate, but serves the st legitimate interest in protecting the llwell-being, tranquilit privacy of the homet1, an interest Ifof the highest order in a and civilized society." The First Amendment to the constit permits the government to prohibit speech as intrusive to pr when there are Itunwilling listeners" held l!captivelt in thei homes. The court also held that the ordinance in questio narrowly drawn to protect the privacy interest in one's hom was therefore not overbroad in the constitutional sense. In 1990 the County of Los Angeles adopted an ordinance essentially mirrored the language of the ordinance in Frisbv. City Council of Poway recently passed an ordinance in the same as the proposed ordinance which is attached. Other Calif cities and counties have adopted similar ordinances. Pick focused on a single individualls home has been a problem throu the nation, and has occurred in cities throughout San Diego Cc FISCAL IMPACT There will be enforcement costs incurred by the Police Depai and the City Attorney. EXHIBIT Ordinance No. n/S " 2 '-! [ I 1 2 3 4 5 6 7 8 9 1o 11 12 &ug m> 13 am :E$ A;g2 ZdZ =->E 15 5g20 E:; QOJ $035 '4 :;$2 oou. aru~~ 16 >?% 17 so 18 19 20 21 22 23 24 25 26 27 28 e q 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 prote the well-being, tranquility and privacy of the home c 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 prc picketing focused on and taking place in front of a parti residence; and WHEREAS, it is the intent of athe City Council of thc of Carlsbad in enacting this ordinance to prohibit pick focused on and taking place in front of a particular residen order to preclude intrusion upon the privacy of the tax resident. NOW, THEREFORE, the City Council of the City of Carl 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 follob "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 SE 8.54.020 to adopt a limited prohibition against targeted pic1 which shall be construed and applied in accordance wit1 1 2 3 4 5 6 7 8 9 1~ 11 12 00, Su% o>,- 13 &E& 408 Ow8 ju, $045 14 ZrZ K->K 2;s: 6,"2:0 16 iki$ <--I 17 18 19 nun2 15 n~qn zq - 0 20 21 22 23 24 25 26 27 28 e rn interpretation given to a similar ordinance by the United S Supreme Court in Frisby v. Schultz (1988) 487 U.S. 474. SE 8.54.020 shall only prohibit picketing focused on and taking prohibition is to preclude intrusion upon the constitutic protected privacy rights of the targeted resident. in front of a particular residence. The limited purpose c 8.54.020 Picketinq private residence prohibited. It is unlawful for any person to engage in pic1 before or about the residence or dwelling of any individual : City of Carlsbad." EFFECTIVE DATE: This ordinance shall be effective t days after its adoption, and the City Clerk shall certify t adoption of this ordinance and cause it to be published at once in the Carlsbad Sun within fifteen days after its adopl INTRODUCED AND FIRST READ at a regular meeting c Carlsbad City Council on the 18th day of MAY I and thereafter PASSED AND ADOPTED at a regular meeting of the Council of the City of Carlsbad on the day of 1993, by the following vote, to wit: AYES : NOES : ABSENT: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk ,