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HomeMy WebLinkAboutNS-2024 - Adding Section 10-110 to the Santa Ana Municipal Code to Prohibit Picketing Focused on Private Residences201 REL:mb(33) 8/7/89 ORDINANCE NO. NS-2024 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTION 10-110 TO THE SANTA ANA MUNICIPAL CODE TO PROHIBIT PICKETING FOCUSED ON PRIVATE RESIDENCES. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 10-110, which said section reads as follows: Sec. 10-110. Picketing of private residences. (a) It is unlawful for any person to engage in picket- ing before or about the residence or dwelling of any individual, where such picketing is focused on that particu- lar residence or dwelling. (b) In enacting this section the city council finds and determines as follows: (1) The protection of the well-being, tranquility and privacy of the home is a significant govern- ment interest. (2) Picketers who focus upon a particular residence or dwelling generally do not seek to disseminate a message to the general public, but to intrude upon the targeted resident, and to do so in an especially offensive way. (3) Such picketers inherently and offensively intrude on residential privacy. (4) The purpose of this section is to protect and preserve the home through assurance that members of the community enjoy in their homes and dwell- ings a feeling of well-being, tranquility and privacy. ORDINANCE NO. PAGE TWO NS-2024 SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sent- ence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconsti- tutional. SECTION 3: This ordinance is hereby declared by the city ~ouncil to be necessary as an emergency for preserving the public peace, health or safety, for the following reasons: (a) The Santa Ana Police Department has obtained in- formation that a certain group intends to commence picketing the homes of members of the city council in order to pres- sure such councilmembers into taking actions desired by such group regardless of legal constraints faced by the city council with respect to such actions. (b) Unless this ordinance is adopted as an emergency ordinance, there is a strong liklihood that such picketing will occur prior to the effective date of this ordinance, to the detriment of the privacy of the home to which all persons, including members of the city council, are entitled. SECTION 4: If this ordinance is approved by affirmative vote of two-thirds or more of the full membership of the city council, it shall be deemed adopted and effective immediately upon such vote, in accordance with sections 415 and 417 of the Charter of the City of Santa Ana. SECTION 5: If this ordinance is approved by affirmative vote of a majority of the full membership of this city council, but less than two-thirds thereof, it shall be effective, as an emergency ordinance within the meaning of section 417 of the Charter of the City of Santa Ana, immediately upon adoption. SECTION 6: If this ordinance is adopted by the city council in the manner prescribed for the adoption of ordinances other than emergency ordinance by the Charter of the City of Santa Ana, and if this ordinance is held, for any reason, not to qualify as 203 ORDINANCE NO. NS-2024 PAGE THREE an ordinance which takes effect immediately upon adoption pur- suant to said Charter by a court of competent jurisdiction, then this ordinance shall be deemed to be effective on the date thirty (30) days following the date of its adoption. ADOPTED this 7th day of Au§ust , 1989. ~-~ice C. Guy / Clerk of the Council COUNCILMEMBERS: Young Aye Acosta Aye Griset Aye May A e McGuigan ~ Norton Aye Pulido Aye Mayor APPROVED AS TO FORM: