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O2247F:\M un ici pal Law\Shared\Laws\MJ M\Targeted ResidentialProtests2d City Council Meeting 2-12-08 Santa Monica, California ORDINANCE NUMBER 2247 (CCS) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING DISTANCE REQUIREMENTS FOR TARGETED RESIDENTIAL PROTESTS AND PROHIBITING THE USE OF DANGEROUS STICKS AND POLES IN DEMONSTRATIONS WHEREAS, in recent years, an increasing number of targeted, residential demonstrations or protests have occurred within the City; and WHEREAS, these demonstrations have involved demonstrators congregating on a residential sidewalk, sometimes immediately adjacent to the targeted residence, and expressing their views by shouting and chanting at the residence; and WHEREAS, such demonstrations have occurred in at least three separate residential neighborhoods of the City; and WHEREAS, this particular form of expression disturbs the tranquility of the community members living within the targeted residence, threatens their privacy, and can cause them to suffer significant emotional and even physical distress in their own homes; and WHEREAS, on one occasion, an older resident of a targeted home suffered a heart attack during or shortly after a targeted demonstration; and WHEREAS, City residents have a right to tranquility and privacy within their homes; and 1 WHEREAS, demonstrators, including those engaging in targeted protests, have the First Amendment right to express their views and to convey their message to a particular, targeted audience, including the residents or a particular home; and WHEREAS, the City Council must balance the rights of residents and demonstrators to ensure that both groups' rights are respected and fulfilled; and WHEREAS, in order to safeguard both groups' rights, the Council must ensure that targeted demonstrations may occur within the community but that such demonstrations do not force residents to become captive audiences to unwanted speech within their own homes; and WHEREAS, establishing a distance which must be maintained between residential dwellings and demonstrators targeting those dwellings will serve both those ends; and WHEREAS, this ordinance is not intended to and does not restrict the expression of views in residential neighborhoods through picketing or demonstrations which do not target particular residences or households; and WHEREAS, in addition to protecting the rights of residents and demonstrators, the Council also wishes to preserve the safety of all; and WHEREAS, demonstrators within the City frequently use signs on poles or sticks to communicate their message to others; and WHEREAS, these poles and sticks can become dangerous weapons, particularly in situations involving dispute and conflict; and WHEREAS, in the neighboring jurisdiction of Los Angeles, demonstrators have used poles or sticks as weapons and have injured others during demonstrations; and 2 WHEREAS, the City must ensure both that demonstrators can reach intended audiences with their signs and that demonstrations remain safe for all people, including demonstrators, the police and others; and WHEREAS, regulating the width of sign poles will ensure that they are not heavy enough to be used as weapons and that demonstrators will be able to continue projecting their messages above the heads of crowds to reach spectators, passersby and cameras; and WHEREAS, this. ordinance is a necessary time, place and manner restriction, intended to reconcile and protect the needs and rights of protestors to peacefully and effectively communicate and express their views, of residents to enjoy privacy and respite in their homes, and of police officers and others to be free of unnecessary risk of physical harm. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Chapter 4.08 is hereby amended by adding Section 4.08.780 as follows: Article: Demonstrations 4.08.780 Prohibition Against Using Dangerous Sticks and Poles. While participating in any demonstration, rally, picket line or public assembly, no person shall carry or possess any length of lumber, wood, or wood lath unless that object is one-fourth inch or less in thickness and two inches or less in width or, if not generally rectangular in shape, such object shall not exceed three- 3 quarter inch in its thickest dimension. Nothing in this section shall prohibit a disabled person from carrying a cane, walker, or similar device necessary for mobility so that the person may participate in a demonstration, rally, picket line, parade or assembly. SECTION 2. Santa Monica Municipal Code Chapter 4.08 is hereby amended by adding Section 4.08.790 as follows: 4.08.790 Distance Restriction for Targeted Residential Protests. (a) For purposes of this Section, the following definitions shall apply: (1) "Picketing" means the posting of a person or group for a demonstration or protest. (2) "Targeted" activity means activity that is directed at a particular residential dwelling and proceeds on a definite course or occurs at a particular location in front of or around that particular dwelling. (b) No person shall engage in a demonstration or picketing activity that is targeted at a residence and which occurs within 50 feet of the targeted residence. However, if the targeted residence is within 50 feet of the sidewalk on 4 the opposite side of the street, the demonstration or picketing activity may occur on the sidewalk on the opposite side of the street from the targeted residence. SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage pf this Ordinance. The City Clerk shall cause the same to be published once in the. official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: MA SHA J ' S M RIE Cit Attorney 5 Approved and adopted this 12th day of February, 2008. Herb State of California ) County of Los Angeles) ss. City of Santa Monica ) I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2247 (CCS) had its introduction on January 22, 2008, and was adopted at the Santa Monica City Council meeting held on February 12th, 2008, by the following vote: Ayes: Council members: Noes: Council members: Abstain: Council members: Absent: Council members: Genser, Holbrook Mayor Pro Tem Bloom, Mayor Katz McKeown Shriver O'Connor A summary of Ordinance No. 2244 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: Maria M. Stewart, ~ty Clerk