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 '-! [
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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
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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
,