HomeMy WebLinkAbout21 - Residential Picketing Ordinance�2�WPOR = CITY OF
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City Council Staff Report
Agenda Item No. 21
August 13, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, City Manager
949 - 644 -3002, dkiff @newportbeachca.gov
PREPARED BY: Dave Kiff, City Manager
APPROVED: 0`
TITLE: Consideration of an Ordinance Adding Chapter 10.68 to the
Newport Beach Municipal Code Pertaining to Targeted Residential
Picketing
ABSTRACT:
Should the City Council introduce an ordinance prohibiting targeted picketing of
residential dwelling units within the City of Newport Beach ( "City').
RECOMMENDATION:
Introduce Ordinance No. 2013 -16 adding Chapter 10.68 to the Newport Beach
Municipal Code ( "NBMC ") pertaining to targeted residential picketing and pass to
second reading on September 10, 2013.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
In recent years, there has been an increase in the number of protests occurring in
residential neighborhoods that target particular homes and the residents within. The
City is not immune to these targeted protests, as several have occurred in residential
neighborhoods within the City. Protests generally consist of groups of people standing
on the sidewalk outside a home holding signs, yelling and chanting protests.
Sometimes protestors make threats, or write statements or messages about their
protest on the public street and sidewalk.
Consideration of an Ordinance Adding Chapter 10.68 to the Newport Beach Municipal
Code Pertaining to Targeted Residential Picketing
August 13, 2013
Page 2
These protests have an extremely adverse impact on the targeted residents. The
protests interfere with a person's right to privacy in their home, as well as their right to
the enjoyment of tranquility, well -being and sense of security in their home.
In response to this form of demonstration, many cities and counties throughout the
State of California have adopted local laws that establish buffer zones to protect the
well -being of residents in their homes and also respect the First Amendment rights of
those protesting. These buffer zones require protestors to maintain a specified distance
from the targeted residence. Some of these jurisdictions with regulations regarding
protests in residential areas include the counties of Los Angeles and Riverside as well
as the cities of Huntington Beach, Rancho Palos Verdes, San Diego, San Marino, San
Jose, and Santa Monica. These regulations reduce the risk that targeted residents will
become captives in their own homes or forced to endure threats from protestors, in what
should be a place where the residents enjoy peace and tranquility.
Legal challenges have been filed against similar protest laws in various courts. The City
Attorney's Office reviewed the various court opinions and assisted staff to draft a narrow
law that protects both residents' and protestors' rights. The proposed ordinance is
content neutral, meaning it applies to all protestors, regardless of the protestors'
intended message. Additionally, the proposed 300 foot buffer zone for targeted protests
is meant to ensure there is a reasonable distance between those protesting and those
being protested. This allows the protestors to be close enough to their intended
audience to express their message while still preserving the sanctity of the targeted
resident's home.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find the introduction and 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.
2
Consideration of an Ordinance Adding Chapter 10.68 to the Newport Beach Municipal
Code Pertaining to Targeted Residential Picketing
August 13, 2013
Page 3
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:
Dave K� iff
City Manager
Attachment: Example of a 300' buffer
Ordinance No. 2013 -16
This example shows a random property in a residential area with a 300' buffer. It is
not intended to suggest that the residence here would be picketed for any reason.
i
300 Foot Buffer
Newport
Beach Disclaimer: Every reasonable effort has been made to assure the
accuracy of the data provided, however, The City of
G I $ Newport Beach and its employees and agents
0 disclaim any and all responsibility from or relating to
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Imagery: 2009.2011 photos provided by Eagle
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ORDINANCE NO. 2013-
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
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
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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.
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
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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.
B. "Dwelling Unit" shall mean the same as that term is defined in Title
20 of this Code.
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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 ( "CEQK) 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.]
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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 10`h day of
September, 2013, by the following vote, to -wit:
AYES, COUNCILMEMBERS
NOES,COUNCILMEMBERS
ABSENT, COUNCILMEMBERS
MAYOR
Keith D. Curry
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORN S 4?FMCE
B
Y:
R N C. HARP, CITY ATTORNEY
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