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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 0 pt 4 9 k 2 0 a =! 0 z 3 5 8 "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 1 2 3 4 5 6 7 8 g 10 11 12 n sw2 ; E z 13 ps Esr 17 urn8 iL, Ow8 14 uog5 m Gg 15 sr;sa 9, $Z$z 16 002 u aPH 18 19 20 21 22 23 24 25 26 27 28 0. 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 I 1 2 3 4 5 6 7 8 9 10 4.1 12 E[T <n$ l3 n r?r -low2 aug 14 15 u55g 9 ,a5 rruqfi 16 002 kov, ;E: 17 DO 78 19 20 21 22 23 24 25 26 27 28 !;3s s& oz-l I ,. 0. 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 2 e 0 4 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." / - (ADDITIONS ARE BIGHLIGBTED AND DELETIONS ARE LINED OUT)