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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