HomeMy WebLinkAbout04 - Residential Picketing OrdinanceAgenda Item No. 4
September 10, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, City Manager
949- 644 -3000, dkiff@newportbeachca.gov
PREPARED BY: Dave Kiff, City Manager
APPROVED:
TITLE: Adoption of Ordinance NO. 2013 -16 Adding Chapter 10.68 to the
Newport Beach Municipal Code Pertaining to Targeted Residential
Picketing
ABSTRACT:
On August 13, 2013, the City Council conducted first reading of Ordinance No. 2013 -16
pertaining to targeted picketing of residential dwelling units within the City of Newport
Beach ( "City"). The City Council passed Ordinance No. 2013 -16 to second reading at
the September 10, 2013 meeting.
RECOMMENDATION:
Conduct second reading and adopt Ordinance No. 2013 -16 adding Chapter 10.68 to the
Newport Beach Municipal Code pertaining to targeted residential picketing.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find the adoption of the attached ordinance is not
subject to the California Environmental Quality Act ( "CEQA ") pursuant to Section
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title
14, Chapter 3, because it has no potential to have a significant effect on the
environment.
Adoption of Ordinance NO. 2013 -16 Adding Chapter 10.68 to the Newport Beach
Municipal Code Pertaining to Targeted Residential Picketing
September 10, 2013
Page 2
NOTICING:
This agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers this item).
Submitted by:
City Manager
Attachment: Ordinance No. 2013 -16
ORDINANCE NO. 2013 -16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADDING CHAPTER
10.68 TO THE NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO TARGETED RESIDENTIAL PICKETING
WHEREAS, the City of Newport Beach ( "City ") is a charter city, governed by a
charter adopted by the citizens of the City; and
WHEREAS, Article XI, Section 5 of the Constitution of the State of California
authorizes charter cities to enact ordinances with respect to their municipal affairs; and
WHEREAS, the City Council finds and declares that the preservation and
protection of the right to privacy in a residential dwelling unit and the enjoyment of
tranquility, well -being and sense of security in a residential dwelling unit are in the public
interest and are uniquely and critically important to the public health, safety and welfare;
and
WHEREAS, the City Council finds and declares that picketing targeted at a
particular residential dwelling unit is harmful to the public health, safety and welfare, and
must be limited; and
WHEREAS, the City Council finds and declares that picketing at or near the
borders of a private residence and directed at the inhabitants of the residential dwelling
unit is a disfavored activity that is not entitled to a high level of First Amendment
protection, according to decisions by State and Federal courts; and
WHEREAS, the City Council finds and declares that picketing directed at a
particular residential dwelling unit and intended to harass and intimidate the occupants,
is inherently and unreasonably offensive to and intrusive upon the right to privacy in
one's home; and
WHEREAS, the City Council finds and declares that a three hundred foot (300').
"buffer zone" creates a minimum zone of protection for residents from unwanted
harassment and intimidation, but does not prevent picketers from disseminating their
message to the general public or to local residents from a lawful distance; and
WHEREAS, the City Council finds and declares that it is the intent of this
ordinance to protect what the courts have called a "captive audience" inside a targeted
residential dwelling unit without stifling any speech that is protected by the First
Amendment; and
-1- 3
WHEREAS, the City Council finds and declares that the enactment of this
ordinance is intended to establish time, place and manner restrictions that reconcile and
protect the First Amendment rights of picketers to peacefully communicate and express
their ideas and opinions with the rights of persons to enjoy the right to privacy in their
homes; and
WHEREAS, the City Council finds and declares that the enactment of this
ordinance is not intended to preclude the right to picket in a residential area generally
and in such a manner that does not target or focus upon a particular residential dwelling
unit; and
WHEREAS, the City Council finds and declares that the prohibitions and buffer
zones adopted herein leave open ample alternative avenues for communicating
messages and ideas by those who wish to picket or protest in the City.
NOW, THEREFORE, the City Council of the City of Newport Beach, California,
does ordain as follows:
Section 1: Chapter 10.68, Targeted Residential Picketing, is hereby added to
the Newport Beach Municipal Code to read as follows:
Chapter 10.68
TARGETED RESIDENTIAL PICKETING
Sections:
10.68.010 Legislative Findings and Statement of Purpose.
10.68.020 Definitions.
10.68.030 Targeted Residential Picketing Prohibited.
10.68.040 Public Nuisance.
10.68.010 Legislative Findings and Statement of Purpose
A. The City Council finds that the preservation and protection of the
right to privacy in a residential dwelling unit and the enjoyment of
tranquility, well -being and sense of security in a residential dwelling
unit are in the public interest and are uniquely and critically
important to the public health, safety and welfare.
B. The City Council finds that picketing targeted at a particular
residential dwelling unit is harmful to the public health, safety and
welfare, and must be limited.
-2- a
C. The City Council finds that picketing at or near the borders of a
private residence and directed at the inhabitants of the residential
dwelling unit is a disfavored activity that is not entitled to a high
level of First Amendment protection, according to decisions by
State and Federal courts.
D. The City Council finds that picketing that is directed at a particular
residential dwelling unit and is intended to harass and intimidate the
occupants, is inherently and unreasonably offensive to and
intrusive upon the right to privacy in one's home.
E. The City Council finds that a three hundred -foot (300') "buffer zone"
creates a minimum zone of protection for residents from unwanted
harassment and intimidation, but does not prevent picketers from
disseminating their message to the general public or to local
residents, from a lawful distance.
F. The City Council finds that it is the intent of this Chapter to protect
what the courts have called a "captive audience" inside a targeted
residential dwelling unit without stifling any speech that is protected
by the First Amendment.
G. The City Council finds that this Chapter is intended to establish
time, place and manner restrictions that reconcile and protect the
First Amendment rights of picketers to peacefully communicate and
express their ideas and opinions with the rights of persons to enjoy
the right to privacy in their homes.
H. The City Council finds that this Chapter is not intended to preclude
the right to -picket in a residential area generally and in such a
manner that does not target or focus upon a particular residential
dwelling unit.
I. The City Council finds that the prohibitions and buffer zones
adopted herein leave open ample alternative avenues for
communicating messages and ideas by those who wish to picket or
protest in the City.
10.68.020 Definitions
For the purposes of this Chapter, the following definitions shall apply:
A. "Picketing" means the presence of a person or a group of people
for a demonstration or protest.
-3- 5
B. "Dwelling Unit" shall mean the same as that term is defined in Title
20 of this Code.
C. "Targeted Picketing" means Picketing that is directed at a particular
Dwelling Unit and either proceeds on a definite course or route in
front of or around that particular Dwelling Unit or remains within
three hundred feet (300') of a particular Dwelling Unit without
substantial movement.
10.68.030 Targeted Residential Picketing Prohibited
No person shall engage in Targeted Picketing activity within three
hundred feet (300') of a particular Dwelling Unit. This section does not
and shall not be interpreted to prohibit Picketing in a residential area
that is not targeted at a particular Dwelling Unit.
10.68.040 Public Nuisance
Any violation of this Chapter is hereby declared to be a public nuisance.
Section 2: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, clause or phrase hereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Section 3: The City Council finds the adoption of this ordinance is not subject
to the California Environmental Quality Act ( °CEQA ") pursuant to Section 15060(c)(2)
(the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential to have a significant effect on the environment.
Section 4: The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to
be published pursuant to Charter Section 414.
(Continued on next page.]
-4- 6
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 13`h day of August, 2013, and adopted on the 10th day of
September, 2013, by the following vote, to -wit:
AYES, COUNCILMEMBERS.
NOES,COUNCILM EMBERS
ABSENT, COUNCILMEMBERS
MAYOR
Keith D. Curry
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S O C
By:
6;�'
AARON C. HARP, CITY ATTORNEY
-5- 7