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HomeMy WebLinkAboutCC ORD 1994-2073 Adds Ch. 10.10, targeted residential picketing (10.10)ORDINANCE NO. 94-2073 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 10.10 TO THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO TARGETED RESIDENTIAL PICKETING WHEREAS, the City Council of the City of National City recognizes as an important objective within the community the protection and preservation of the home; and WHEREAS, the City Council wishes to assure that members of the community enjoy in their homes a feeling of well-being, tranquility, and privacy; and WHEREAS, the practice of residential picketing which is focused on, and takes place in front of, a particular residence, known as "targeted residential picketing," causes emotional disturbance and distress to the occupants, and often has as its object the harassment of such occupants; and WHEREAS, residential picketing which is focused on, and takes place in front of, a particular residence often obstructs and interferes with the free use of public sidewalks; and WHEREAS, the United States Supreme Court, in Frisby v. Schultz 487 U.S. 474, 101 L.Ed 2d 420 (1988), upheld the authority of municipalities to prohibit residential picketing which is focused on, and takes place in front of, a particular residence; and WHEREAS, there is an urgent need to prohibit targeted residential picketing, since there have recently occurred in the community repeated incidents of residential picketing which have been focused on, and have taken place in front of, a particular residence, with resulting emotional disturbance and distress to the occupants of said residence; and WHEREAS, the City Council finds that there is a current and immediate threat to the public safety and welfare unless targeted residential picketing is prohibited. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City as follows: Continued on Page Two Ordinance No. 94-2073 Page 2 of 3 Section 1. That Chapter 10.10 is hereby added to the National City Municipal Code, to read as follows: Chapter 10.10 TARGETED RESIDENTIAL PICKETING Sections: 10.10.010 Definitions 10.10.020 Targeted Residential Picketing Prohibited 10.10.030 Violation -- Misdemeanor 10.10.010 Definition. As used in this chapter: A. "Picketing" means the posting of a person or group for a demonstration or protest. B. "Targeted residential picketing" means picketing which is focused on, and takes place in front of, a particular residence. 10.10.020 Targeted residential picketing prohibited. It is unlawful for a person or group to engage in targeted residential picketing within the city. 10.10.030 Violation -- Misdemeanor. Violation of this chapter shall be a misdemeanor, and shall be punishable by a fine not to exceed one thousand dollars or imprisonment for a period not to exceed one year or by both such fine and imprisonment. Section 2. This Ordinance is adopted as an urgency ordinance necessary for the immediate preservation of the public safety and welfare within the meaning of the Government Code and shall take effect immedi- ately. Continued on Page Three Ordinance No. 94-2073 Page 3 of 3 PASSED and ADOPTED this 1st day of February, 1994. eorge H. ATTEST: Lori Anne Peoples, City Cl rk APPROVED AS TO FORM: George H. Eiser, III City Attorney aters, Mayor Pissed and adopted by the Council of the City of National City, California, on February 1, 1994 by the following vote, to -wit: Ayes: Councilmen Nays: Councilmen Absent: Councilmen Abstain: Councilmen AUTHENTICATED BY: Dalla, Inzunza, Morrison, Zarate, Waters None None None GEORGE B . WATERS Mayor of the City of National City, California �'Lc City Clerk of the City of NaontiCity, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was adopted on February 1, 1994 , under the provisions of Sec .65858 of the Government Code. I FURTHER CERTIFY that the reading of said ordinance of fullthe wa dispensed with by a vote of not less than a majority mem- bers elected to the Council. I FURTHER CERTIFY that the above and for073eoflng is a the Cityfofl , true and nd correct copy of Ordinance No. City, passed and adopted by the Council of said City on February 1, 1994 • City Clerk of the City of National City, Calif orni a