Item 24 - Ordinance Establishing Distance Requirements for Targeted Residential Picketing

Home Browse Search

Distance Requirements for Targeted Residential Picketing March 19, 2024 Page 2 4 0 9 9 audience therein. City staff proposes that the City adopt an ordinance to address this eminent re-occurring issue. Targeted picketing not only harasses and intimidates occupants of a targeted home (and other homes in close proximity to the targeted residence) but is intrusive upon those individuals’ right to privacy in their home. Other municipalities have faced this issue, and as a result, have enacted laws that afford protection against such actions at private residences. In an effort to manage targeted picketing in the City so as to protect an individual’s right to privacy in their home, and to protect the safety of all involved, City staff recommends that the City adopt this urgency ordinance and approve the first reading of the ordinance prohibiting target picketing within 300 feet of the property line of a residence. Establishing a distance which must be maintained between residential dwellings and demonstrators targeting those dwellings will serve both these ends and the distance restriction for targeted picketing proposed within this ordinance preserves ample alternative channels of communication for protesters and demonstrators to disseminate their message(s) and/or idea(s).This ordinance establishes a clear and precise buffer zone between picketers and a targeted residence so as to preserve Santa Ana residents’ right to privacy and prevent siege upon target residents while providing a space for picketing. City staff proposes that the City adopt an ordinance to address this imminent re-occurring issue. The ordinance is attached for consideration as both an emergency (urgency) ordinance (Exhibit 1) and a regular ordinance (Exhibit 2). Because these actions pose an imminent threat to the public peace and safety, City staff recommend that this urgency ordinance be adopted pursuant to Santa Ana Charter sections 415 and 417 which provide that an urgency ordinance may be passed immediately upon introduction at a regular meeting if made for the immediate preservation of the public peace, health, or safety and passed by two-thirds (⅔) of the members of the City Council. If adopted, the urgency ordinance will take effect on March 19, 2024. The regular ordinance does not declare such express findings, and therefore, would be considered for a first reading and second reading; if the majority of the members affirm the passage of the first and second readings, the regular ordinance would become effective 30 days after the second reading. Staff recommends that the City Council: 1. Adopt an urgency ordinance establishing distance requirements for targeted residential picketing. 2. Approve first reading of an ordinance establishing distance requirements for targeted residential picketing.