HomeMy WebLinkAbout1995-06-20; City Council; 13203; AMENDMENT TO CARLSBAD MUNICIPAL CODE SECTIONS 8.54.010 AND 8.54.020 REGARDING THE PROHIBITION AGAINST PICKETING A PRIVATE RESIDENCEh3
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"I bi ur bARLS6AD - AGE A BILL 1 mENiM DEPT. CITY A' I
CITY MI
MTG. &-do-95 SECTIONS 8.54.010 AND 8.54.020
CA REGARDING THE PROHIBITION AGAINST DEPT. PICKETING A PRIVATE RESIDENCE
R€COMM€ND€D ACTION:
Introduce Ordinance No . /l/S-J/% amending existing Carls
Municipal Code Sections 8.54.010 and 8.54.020 to prohi
targeted picketing within 300 feet of a private residence.
ITEM EXPLANATION:
The City Council, in 1993, adopted an ordinance prohibit #@picketing before or about the residence or dwelling of
individual in the City."
The City's ordinance was adopted pursuant to, Frisbv v. Schu
(1988), a United States Supreme Court case validating constitutionality of such an ordinance.
In the Citv of San Jose v. Superior Ct., a 1995 Califor
Appellate Court case, the Court upheld the constitutionalit1 San Jose's ordinance prohibiting targeted picketing within feet of a private residence.
The Sixth District Appellate Court, in upholding San Jos
ordinance, stated that a 300 foot restriction was reasonable
ordinance approved by the United States Supreme Court in m
v. Schultz, which did not specify the distance from a reside within which picketing was prohibited.
To avoid potential challenges for vagueness to the City Carlsbad's ordinance, the proposed ordinance amends Secti
8.54.010 and 8.54.020 to prohibit targeted picketing within
feet of a private residence.
FISCAL IMPACT:
None
EXHIBIT :
1. Ordinance No. .ds@J/V 2. Exhibit llA1l
precise, and therefore, preferable to the language of
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ORDINANCE NO. NS-314
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
CHAPTER 8.54 OF THE CARLSBAD MUNICIPAL
CODE BY THE AMENDMENT OF SECTIONS 8.54.010 AND
8.54.020, TO PROHIBIT TARGETED PICKETING WITHIN
FEET OF A PRIVATE RESIDENCE.
OF CARLSBAAI), CALTFORNIA, AMENDING TITLE 8,
The City Council of the City of Carlsbad, Californ
does ordain as follows:
SECTION 1: That Title 8, Chapter 8.54 of the Carls
Municipal Code is amended by the revision of Section 8.54.010
read as follows:
118.54.010 Intent and Durpose. It is the intent
the City Council in enacting Section 8.54.020 to adopt a limi
prohibition against targeted residential picketing which sh be construed and applied in accordance with the interpretat
shall only prohibit picketing focused on and taking place
front of a particular residence. The limited purpose of a prohibition is to preclude intrusion upon the constitutiona protected privacy rights of the targeted resident."
That Title 8, Chapter 8.54 of the Carlsl
Municipal Code is amended by the revision of Section 8.54.020
read as follows:
given to a similar ordinance by the United States Supreme Col in Frisbv v. Schultz (1988) 487 U.S. 474. Section 8.54.1
SECTION 2:
118.54.020 TaraetedResidential Picketins Prohibit(
It is unlawful for any person to engage in picketing activ.
that is targeted at and is within 300 feet of a resident.
dwelling. (a) For purposes of this Section, .the tc
by its occupants solely for non-transient residential uses. (b) For purposes of this Section, the tt
l'targetedll picketing means picketing activity that is targel at a particular residential dwelling and proceeds on a defin:
course or route in front of around that particular resident:
dwelling.
interpreted to preclude picketing in a residential area that not targeted at a particular residential dwelling,tl
EFFECTIVE DATE: This ordinance shall be effectj
thirty days after its adoption; and the city clerk shall certj
llresidential dwelling" means any permanent building being u!
(c) This Section does not and shall not
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the adoption of this ordinance and cause it to be publishc
least once in a newspaper of general circulation in the Cil
Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting o
Carlsbad City Council on the day of , 1995,
thereafter
PASSED AND ADOPTED at a regular meeting of the
Council of the city of Carlsbad on the day of
1995, by the following vote, to wit:
AYES:
NOES t
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L, RAUPENKRANZ, City Clerk
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EXHIBIT "A"
118.54.010 Intent and pumose. It is the intent (
the City Council in enacting Section 8.54.020 to adopt a limit( prohibition against targeted picketing which sha: be construed and applied in ith the interpretatic
given to a similar ordinance by the United States Supreme Cou: in Frisbv v. Schultz (1988) 487 U.S. 474. Section 8.54.0: shall only prohibit picketing focused on and ,taking place
front of a particular residence. The limited purpose of tl
prohibition is to preclude intrusion upon the constitutional
protected privacy rights of the targeted resident."
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(ADDITIONS ARE BIGHLIGBTED AND DELETIONS ARE LINED OUT)