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Item 24 - Ordinance Establishing Distance Requirements for Targeted Residential Picketing
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Item 24 - Ordinance Establishing Distance Requirements for Targeted Residential Picketing
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3/13/2024 4:15:35 PM
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Agenda Packet
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City Manager's Office
Item #
24
Date
3/19/2024
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<br /> <br />beyond doubt”.; and City of San Jose v. Superior Court of Santa Clara County (1995) 21 <br />Cal.App.4th 330, the Court of Appeal for the 6th District, upheld an ordinance of the City of San <br />Jose prohibited targeted residential picketing within three hundred feet (300’) of the targeted <br />residential dwelling; and <br />WHEREAS, establishing a distance which must be maintained between residential dwellings <br />and demonstrators targeting those dwellings will serve both these ends and the distance <br />restriction for targeted picketing proposed within this Ordinance preserves ample alternative <br />channels of communication for protestors and demonstrators to disseminate their message(s) <br />and/or idea(s); and <br />WHEREAS, this Ordinance establishes a clear and precise buffer zone between picketers and a <br />targeted residences so as to preserve Santa Ana residents’ right to privacy and prevent siege upon <br />target residents while providing a space for picketing. <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES <br />ORDAIN AS FOLLOWS: <br />SECTION 1. Recitals. The recitals above are true, correct and each incorporated herein by <br />reference and adopted as findings by the Santa Ana City Council (“City Council”). <br />SECTION 2. Chapter 10, Article 1, Section 10-110 of the Santa Ana Municipal Code shall be <br />hereby amended and restated to read as follows: (new language is underlined and deleted <br />language is stricken): <br />Sec. 10-110. - Picketing of private residences. <br />(a)It is unlawful for any person to engage in picketing before of about the residence or dwelling <br />of any individual, where such picketing is focused on that particular residence or dwelling.(b)In <br />enacting this section, the city council finds and determines as follows:(1)The protection of the <br />well-being, tranquility and privacy of the home is a significant government interest.(2)Picketers <br />who focus upon a particular residence or dwelling generally do not seek to disseminate a <br />message to the general public but to intrude upon the targeted resident and to do so in an <br />especially offensive way.(3)Such picketers inherently and offensively intrude on residential <br />privacy.(4)The purpose of this section is to protect and preserve the home through assurance that <br />members of the community enjoy in their homes and dwellings a feeling of well-being, <br />tranquility and privacy. <br />Sec. 10-110. - Targeted Residential Picketing. <br />(a) Definitions <br />For purposes of this Chapter, the following definitions shall apply. <br />(1) The term “residential dwelling” means any permanent building situated in the <br />City of Santa Ana that is being used by its occupants solely for non-transient <br />residential purposes.
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