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HomeMy WebLinkAbout1995-06-27; City Council; 13217; ADOPTION OF ORDINANCE NO. NS-314-PROHIBITION AGAINST PICKETING A PRIVATE RESIDENCE* L L% 0 LT Q 9 2 z 0 F 0 4 d 8 z 3 CI# OF CARLSBAD - AGEF BILL @/ - AB#m =ADOPTION OF ORDINANCE NO. 1s-314 - DEPT. t CITY A1 MTG. 6/27/95 PROHIBITION AGAINST PICKETING A DEPT. CITY M( CLK PRIVATE RESIDENCE ff€GUMM€ND€D AGTION; Adopt Ordinance No. NS-314, amending Title 8 of the Carlsbad Municipal Code to prohibit targeted picketing within 300 feet of a private residence. ITEM EXPLANATION Ordinance No. NS-314 was introduced at the regular City Council meeting of June 20, 1995. 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 within fifteen days, if adopted. FISCAL IMPACT See Agenda Bill No. 13,203 on file with the City Clerk. EXHIBIT 1, Ordinance No, NS-314. e ? 1 2 3 4 5 6 7 a g 10 11 12 2m mu8 $25 13 a08 JUU2 JUa 14 $054 CdZ UG;~ 15 2;s: BYro crazd 16 E23 17 18 19 20 21 aoA Cyj ij 22 23 24 25 26 27 28 e e ORDINANCE NO. NS-314 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 8, CHAPTER 8.54 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 8.54.010 AND 6 0 54 0 020, FEET OF A PRIVATE RESIDENCE, TO PROHIBIT TARGETED PICKETING WITHIN The City Council of the City of Carlsbad, Califorr 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 54.01( read as follows: 1'8.54,010 Intent and x)urx)ose. Lt is the intent the City Council in enacting Section 8.54~020 to adopt a limi prohibition against targeted residential picketing which SI be construed and applied in accordance with the interpretat given to a similar ordinance by the United States Supreme cc in Frisbv v. Schultz (1988) 487 U.S. 474. Section 8.54. shall only prohibit picketing focused on and taking place front of a particular residence. The limited purpose of prohibition is to preclude intrusion upon the constitutiona protected privacy rights of the targeted resident.ll That Title 8 , Chapter 8.54 of the Carls Municipal Code is amended by the revision of Section 8.54.02C read as follows: SECTION 2: @18.54.020 TaraetedResidentia1PicketinuProhibi.t 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 t "residential dwelling" means any permanent building being u by its occupants solely for non-transient residential uses. (b) For purposes of this Section, the t "targeted" picketing means picketing activity that is targe at a particular residential dwelling and proceeds on a defin course or route in front of around that particular resident dwelling. (c) This Section does not and shall not interpreted to preclude picketing in a residential area that not targeted at a particular residential dwelling."' EFFECTIVE DATE: This ordinance shall be effect thirty days after its adoption; and the city clerk shall cert d z 4 1 1 2 3, 4 5 6 7 8 9 10 I1 12 pa 13 yr aab ao8 14 OUJ# iUC3 m aoqa z;g2 n9 15 ZUJU)" 8qO- 16 003 torn a02 GO SUJZ +z c22 17 18 19 20 21 22 23 24 25 26 27 28 0 the adoption of this ordinance and cause it to be published least once in a newspaper of general circulation in the City Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of Carlsbad City Council on the 20th day of JUNE , 1995, thereafter PASSED AND ADOPTED at a regular meeting of the C Council of the City of Carlsbad on the 27th day of JUNE 1995, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, E. NOES: None ABSENT: None ED AS TO FORM AND LEGALITY ATTEST: ALETHA L. RAUTENKRANB, Cityplerk I 2