HomeMy WebLinkAbout71.125 ORDINANCE NO. 71-125
AN EMERGENCY ORDINANCE OF THE CITY OF SARATOGA
PROHIBITING THE TARGETED PICKETING
OF RESIDENCES
RECITALS
WHEREAS, the preservation and protection of the right to
privacy in the home and the quiet enjoyment, well-being and sense
of security in the home are in the public interest and are
uniquely and critically important 'to the public health, safety.
and welfare; and
WHEREAS, picketing activity that is targeted at a particular
residence or hoUSehold whose occupants do not welcome such
activity may harass and intimidate such occupants, is inherently
and unreasonably offensive to, and intrusive upon, the right to
privacy in the home and may cause the occupants of such home to
experience great emotional distress; and
WHEREAS, SUCh unwelcome and targeted picketing activity
creates a "captive audience" situation due to the occupants of a
residence Or household being unable to readily move to another
residence or household in order to avoid the unwelcome picketing
activity being directed at them; and
WHEREAS, the "captive audience" situation and the protection
of the right of pri~acy in the home requires the enactment of a
reasonable time, place and manner restriction upon such unwelcome
picketing activity~ that is targeted at a particular residence or
household; and
WHEREAS, this ordinance is a necessary time, place and
manner restriction intended to reconcile and protect the First
Amendment rights of pickstars to peacefully communicate and
express their opinions and the rights of persons to enjoy privacy
in their h~mes; and -
WHEREAS, 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 residence
or .household; and
WHEREAS, existing law does not adequately protect the right
to privacy in the home against such targeted picketing activity;
and
Jul~ 12, 1993
mars \ i~ ~ 3 \orfi \picke~,ng. ms r i
WHEREAS, on the morning of July 10, 1993 a representative of
the Santa Clara County Sherifles Department contacted city
officials to advise that targeted picketing by a large number of
persons was taking place at that time within three hundred (300)
feet of a residential dwelling in the City of Saratoga; and
WHEREAS, for the immediate preservation of the public peace,
health and safety, an emergency meeting of this Council was held
On the morning of July 10, 1993 and this Council acted to adopt
this ordinance as an urgency measure to take effect immediately
upon adoption~ and
WHEREAS, although the July 10, 1993 emergency meeting of
this Council was Conducted in substantial compliance with
applicable laws, this Council finds it appropriate to place this
ordinance on the agenda of a special meeting in order to ratify
its July 10,-1993 action, and to provide the public and the media
with advance notice of this intended ratification.
NOW, THEREFORE, the City Council of the City of Saratoga
does ordain as follows:.
Section 6-15.150 is hereby added to Chapter 6, Article 6-15
of the City of Saratoga Municipal Code, to read as follows:
"(a) No person shall engage in picketing activity that is
targeted at, and is within three hundred (300) feet of,
a residential dwelling. A "residential dwelling" is a
permanent building being used by its occupants solely
for nontransient residential uses. "Targeted"
picketing..is picketing activity that is directed at a
particular residential dwelling and proceeds on a
definite course or route in front of or around that
residential dwelling.
(b) .A person who is aggrieved by acts prohibited by this'
section may bring an action in a court of competent
Jurisdiction for.injunctive or declaratory relief
and/or damages. The damages may include costs,
attorneys' fees and such other relief as allowed by the
court, including, but not limited to, a civil penalty
in the amount of up to one thousand dollars
($1,000.00). These remedies are in addition to any
other equitable or legal remedies available to the
aggrieved person, and are in addition to remedies that
may be available in the criminal process."
July 13, 1993
turs\273\Ord\pieket~g.msr 2
Section 2: This Ordinance shall be in full force and
effect immediately upon its adoption.
The action takenby this Council on July 10, 1993 was hereby
ratified and the above foregoing ordinance was adopted at a
special meeting of the City Council of Saratoga held on the 13th
day of July, 1993 by the following vote.
AYES: Councilmembers Anderson, Burger, Kohler, Monia and MayOr Tucker
NOES: None
ABSENT-' None
· ~' MAYOR
ATTEST:
City C~rk
12, 1993 The above ant! fnrec. oing is a true and correct
murs\lV3\Ord~l)~eke~-ng.asr 3 copy [fi ~ ..... ,' 21~/2~_ W;j,:h has been