HomeMy WebLinkAbout1993-05-18; City Council; 12243; ADOPTION OF ORDINANCE NO. NS-241- PROHIBITING PICKETING OF PRIVATE RESIDENCESI%
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DEPT. I AB# ''i3-' '
MTG.-&L&Ll PROHIBITING PICKETING OF PRIVA'lX CITY A
D EPT.CM RESIDENCES CITY M
RECOMMENDED ACTION:
Adopt Ordinance No. NS-241, adding Chapter 8.54 to the Carlsbad Municipal Code to
prohibit picketing of private residences.
Tmm ADOFTION OF ORDINANCE NO. NS-241 -
J3EM EXPLANATION
Ordinance No. NS-241 was introduced at the regular City Council meeting of May 11,
1993. The second reading allows Council to adopt the ordinance which would then
become effective in thirty days. The City Clerk will have the ordinance published in the
"Carlsbad Sun" within fifteen days, if adopted.
FISCAL IMPAn
See Agenda Bill No. 12,229 on file with the City Clerk.
EXHIBIT
1. Ordinance No. NS-241.
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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
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the well-being, tranquility and privacy of the home o
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 parti
residence; and
WHEREAS, it is the intent of the City Council of the
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 tar
resident.
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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 follow
"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 pick
which shall be construed and applied in accordance wit1
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interpretation given to a similar ordinance by the United Si Supreme Court in Frisbv v. Schultz (1988) 487 U.S. 474. Sec
8.54.020 shall only prohibit picketing focused on and taking 1 in front of a particular residence. The limited purpose ol prohibition is to preclude intrusion upon the constitutio~ protected privacy rights of the targeted resident.
8.54.020 Picketins Drivate residence Drohibited. It is unlawful for any person to engage in pickc before or about the residence or dwelling of any individual i:
City Qf Carlsbad,’’
EFFECTIVE DATE: This ordinance shall be effective t!
days after its adoption, and the City Clerk shall certify tc
adoption of this ordinance and cause it to be published at
once in the Carlsbad Sun within fifteen days after its adopt
INTRODUCED AND FIRST READ at a regular meeting 01
MAY Carlsbad City Council on the 18th day of
and thereafter
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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:
NOES: None
ABSENT: None
Council Members Lewis, Stanton, Kulchin, Nygaard, an F
APPROVED AS TO FORM AND LEGALITY
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RONALD R. BALL, City Attorney
3’: 26-93,
CLAUDE A, LEWIS, Mayor
ATTEST:
(jy&-#.pL ALETHA L. RAUTENKRANZ, City Cgrk