HomeMy WebLinkAboutOrdinance #3192 ORDINANCE NO. 3192
AN EMERGENCY ORDINANCE OF THE
CITY OF HUNTINGTON BEACH, CALIFORNIA, ADDING
SECTION 9.20.030 TO CHAPTER 9.20 OF THE HUNTINGTON BEACH
MUNICIPAL CODE PROHIBITING PICKETING FOCUSED
ON SPECIFIC PRIVATE RESIDENCES AND ESTABLISHING
CRIMINAL PENALTIES THEREFOR
WHEREAS, the City Council of the City of Huntington Beach
wishes to implement measures to prohibit picketing of private
residences in the City of Huntington Beach;
NOW, THEREFORE, the City Council of the City of Huntington
Beach does hereby ordain as follows :
SECTION 1: Section 9 .20.030 is hereby added to Chapter
9 .20 of the Huntington Beach Municipal Code, said section to
read as follows :
9 .20. 030 Picketing of Private Residences
In enacting this section, the City Council finds as
follows :
(a) Protecting the well-being, tranquility, and
privacy of the homes of residents of the
City is a significant governmental interest.
(b) A special benefit of the privacy all
residents enjoy within their homes is the
ability to avoid intrusions and unwanted
speech.
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(c) Picketing which targets the dwellings of
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specific residents of the City is an
inherent and offensive intrusion on
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residential privacy.
(d) Picketing before or about dwellings
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obstructs and interferes with the free and
safe use of public sidewalks and public
streets .
(e) The purpose of this section is to protect
and preserve the well--being, tranquility and
privacy of the home by ensuring the
residents of the City are free from
picketing directed specifically at them.
(f) This section is enacted for the further
purpose of protecting the free and safe use
of public sidewalks and streets .
It is unlawful for any person to engage in
picketing before or about the residence or dwelling of
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any individual, where such picketing is focused or
targeted against that residence dwelling or
individual .
Violations of this section shall constitute a
misdemeanor punishable by fine or imprisonment, or
both. No fine imposed pursuant to this section for
any single violation thereof shall exceed Five Hundred
dollars ($500) , nor shall imprisonment exceed six
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3192
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months for each violation hereof and each day that any
such separate violation continues shall constitute a
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separate violation.
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SECTION 2 : In adopting this Emergency Ordinance, the
City Council finds :
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(a) That picketing focused on specific residences has
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already occurred within the City, to the
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detriment of the well-being, tranquility and
privacy of the residents thereof; and
(b) The City Council has been presented with
reasonable and credible evidence that, unless
adopted as an Emergency Ordinance, such picketing
will again occur before the prohibitions
established by this Ordinance would otherwise
become effective.
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Based upon the above findings, the City Council declares
that this Emergency Ordinance is required for the immediate
preservation of the public peace, health or safety. Therefore, F
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this Ordinance shall become effective immediately upon its
affirmance by at least five of the members of the City Council,
in accordance with Section 501 of the City Charter.
SECTION 3 . This ordinance shall take effect immediately
upon its adoption.
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3192
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 19th
day of April 1993 .
Mayor `
ATTEST: APPROVELAS TO FORM:
City Clerk City Attorney6;—
REVIEWED AND APPROVED:
City A ministrator
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3192
Emergency Ord. No. 3192
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio. Clerk of
the City Council of the said City, do herby certify that the
foregoing ordinance was read to the City Council of the City
of Huntington Beach at a regular meeting thereof held on the
19th day of April 19 93 and was Dassed and adopted by
at least four-fifths (4/5) affirmative votes of said City Council .
AYES: Councilmembers:
Robitaille, Bauer, Moulton—Patterson, Winchell, Lej2zig
NOES: Councilmembers;
Silva, Sullivan
ABSENT: Councilmembers:
None
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City Clerk and ex-officiff Clerk
of the City Council of the City
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