HomeMy WebLinkAbout1995-06-27; City Council; 13217; ADOPTION OF ORDINANCE NO. NS-314-PROHIBITION AGAINST PICKETING A PRIVATE RESIDENCE*
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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.
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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
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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
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