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Item 11 - Status of Incidents of Picketing of Private Residences /'� AGENDA REPORT ' �� 1 G` W9y CITY OF POWAY TO: Honorable Mayor and Members of the City Council �yF���N THE ��V��{ FROM: James L. Bowersox, City Man� � DATE: February 2, 1993 SUBJECT: Status of Incidents of Picketing of Private Residences BACRGROIIND7 On July 14, 1992, the City Council reviewed an ordinance which would have prohibited picketing directed at a single residence (Attachment A) . After a lengthy discussion, no action was taken but rather staff was to monitor the matter and report back to the City Council in six months. FINDINGB: On December 5, 1992, picketing was observed. in a residential neighborhood at the intersection of Orchard Gate and Ranch Hollow Roads (Attachment B) . This picketing was directed towards Dr. Bruce J. Tarzy who resides oh Ranch Hollow Road which is a short cul-de-sac. The public access to the entire Green Valley Highlands area is via Martincoit and Orchard Gate Roads. Dr. Tarzy has requested that the City Council reconsider "an ordinance which restricts picketing in residential neighborhoods in our city" (Attachment C) . PIIBLIC NOTIFICATION: . Standard distribution and Dr. Bruce J. Tarzy. RECOMMENDATION: It is recommended that the City Council review the status report and provide staff direction with respect to preparation of an ordinance which would prohibit picketing of private residences. Attachments: A - July 14, 1992 Staff Report B - Photographs C - Letter from Dr. Bruce J. Tarzy dated 1/12/93 (REPORT\PCRTG.JLB) ACTION: �� 1 of 9 F�a z 1993 17EM i i ATTACHMENT "A" r�GENDA REPORT ' -- G�T W,�Y CITY OF POWAY TO: Honorable Mayor and Membe�s of the City Council Tyf C�,/ti,TME COV<S� FROM: James L. Boweisoz, City V INITIATID BY: Stephen M. F.cJns, City Attorne� DATE: July 14, 1992 � SUBJEC'I': �n9 ce ProW'bitine P'icketine of Private Rcsidences-First Resdina ABSTRACT• In 1988 the United States Supreme Court held constitutional a local ordinance which prohibited picketing directed at a single residence. Poway citizens have expressed a concern about the organized picketing of the homes of individuals within the community. The proposed ordinance would prohibit such picketing. BACKGROUND• On April 3 , 1992 the City of Poway received a letter on behalf of one of the local civic association's which expressed a concern about the organized picketing of a candidate's home by individuals opposed to the candidate's personal beliefs. A copy of that letter dated March 27, 1992 is attached to this staff report. The letter urged consideration of an ordinance which would prohibit such picketing. The letter was referred to the City Attorney who has drafted such an ordinance for consideration by the City Council. DISCUSSION: In Frisbv v. Schultz, 48 U.S. 474 (1988) the United States Supreme Court upheld a town ordinance which expressly made it "unlawful for any person to engage in picketing before or about the residence or dwelling of any individual in the Town . . . ." The Supreme Court construed that ordinance narrowly and found that if the scope of the ordinance was limited to picketing directed at a single residence, the ordinance survived constitutional scrutiny. in that case, althouqh the picketing in question had been orderly and peaceful, the picketing had nevertheless generated substantial controversy and numerous complaints. ACTI ON: Receive and file. Staff to investigate what other citi s are doi g d report �ck in six months, after the November 3, 1992 election. � Marie Lofton, eputy Cit,� '� FEB 2 1993 ITEM 11 2of9 4 9 _ crrY oF rownY AGENDA REPORT July 14 � lyyZ �E �IO The City Attorney has reviewed that case as well as related First Amendment cases and has reviewed various ordinances drafted to deal with this problem. In 1990 the County of Los Angeles adopted a one section ordinance which essentially mirrored the languaqe of the ordinance in Frisbv. Other California cities and counties have adopted similar ordinances. The rationale of the Supreme Cou;t was that the ordinance was a reasonable regulation of protected speech regulating only the time, place and manner of the conduct. Picketing on residential streets is not generally prohibited, but picketing focused on a particular individual's residence is prohibited. Thus, the ordinance permits the more general dissemination of the message which the picketers may wish to communicate, but serves the state�s legitimate interest in protectinq the "well-being, tranquility, and privacy of the�home, " an interest "of the highest order in a free - and civilized society. " The court held that the ordinance in question was narrowly drawn to protect the privacy interest in one's home and was therefore not overbroad in the constitutional sense. FINDINGS• In the event that the Council adopts the proposed ordinance the following findings would support such adoption: 1. The public interest requires the adoption of a narrowly- drawn ordinance to protect private residences from picketing. 2 . The proposed ordinance is narrowly drawn to prohibit only picketing focused on and taking place in front of a particular residence. 3 . There exists a legitimate state interest in protecting the well-being, tranquility and privacy of the home of an individual member of the public. IIVVIRONMIIVTAL REVIEW None reguired. ��B 2 1993 I I E1w 11 3 of 9 ,J�� 141992 ITEM 9 crrY oF rowaY AGENDA REPORT .7„i� i a . 194'L Page 1]�ree F7SCAL IlVIPACT• Minimal enforcement costs in the event that the ordinance is violated. The exact amount of such cost is unknown PC�LI NOTIFICATION AND CORRFSPONDENCE: Poway Civic Association. � RF,COD'II1�I IIVDATION- That the City Council conduct first reading of the ordinance and continue the public hearing to August 4 , 1992 for second reading. �#� Attachments: 1) Letter `rom ^oway Civic Association 2) Proposed Ordinance FEB 2 1993 ITENi 11 JUL i 4 J992 ITEM 9 4 of 9 „ - — � — � ...._ - i I � �� ` st � ! .w. 4.�:_ �J .I �.a. �j p� ��. � �ti�( sO�� i � iT jy � POWAY C�vic • ASSOC7ATTON March 27, 1992 Mr. James Bowersox City Manager City of Poway P.O. Box 789 Poway, CA 92074 Dear Mr. Bowersox: . The Poway Civic Association is concerned about a practice begun - in a previous Pow�y election: the organized picketing of a candidate's home by groups opposed to his beliefs. We feel that home-targeted picketing is not an effort to communicate with the public, but rather an attempt to intimidate and harass a candidate and to drive him and those who share his views from the political arena. We believe that Poway needs an ordinance outlawing this kind of harassment. Enclosed you will find copies of such ordinances from other cities, which have successfully withstood legal challenqe. We request that staff prepare a model ordinance similar to these for the council 's consideration. Sincerely, C�� Mike Fry President Poway Civic Association P.O. Box 551 Poway, CA 92074-551 F�B 2 1993 ITE1w 11 5 of 9 �UL 141992 1TEM 9 ORDINANCE NO. AN ORDINANCE OF THE CITY OF POWAY• CALIFORNIA ADDING CSAPTER 9.02 TO THE POWAY MUNICIPAL CODE PROHIBITING THE PICRETING OF PRIVATE RESIDENCES WHEREAS, it is the intent of the City Council of the City of Poway in enacting this Ordinance to prohibit picketing focused on and taking place in front of a particular residence in order to preclude intrusion upon the privacy of the targeted resident; and WFIEREAS, it is the intention of the City Council that this Ordinance be interpreted consistent with the interpretation given to a similar ordinance by the United States Supreme Court in Frisbv v. Schultz, 487 U.S. 474 (1988) . NOW, THEREFORE, THE CITY COUNCYL OF THE CITY OF DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 9. 02 is hereby added to the Poway Municipal Code to read as follows: CHAPTER 9.02 PICKETING Section 9. 02 .010. Picketina Private Residence Prohibited. Picketing of a private residence is prohibited. It is unlawful for any person to engage in picketing before or about the residence or dwelling of any individual. Section 2 . This ordinance shall take effect and be in force thirty (30) days after the date of its passage; and before the expiration of fifteen (15) days after its passage, it shall be published once with the names of inembers voting for and against the same in the Powav News Chieftain, a newspaper of general circulation published in the City of Poway. INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Poway held the day of , 1992, and thereafter PASSED AND ADOPTED at a regular meeting of fE8 2 1993 REM 11 6 of 9 JUL 141992 1TEM 9 ORDINANCE NO. Paqe Tvro said City Council held the day, of , 1992 , by the following roll call vote: - AYES: NOES: ABSENT: JAN GOLDSMITH, Mayor ATTEST: , Mar7orie K. Wahlsten, City Clerk FEB 2 1993 ITENO 11 7 of 9 JUL 14 1992 ITEM 9 - '�' �y�� �,�.'�*y � . � � �� -.:�3; '� �. t - ' �n >� �,• , , .. ��. r .r ,��,�ys .f. '� '�" �" .�h.. ' '�' . � ', , �.0 5, � � < � y�, ; ,�' .�p .�� 'y,• �yj i �'�' �` :�"�'S°� � 3 �y� .../. �n �� a�i, ' � J . r � }� � '' � .• �P � � �.+K ; �it( .• �` { _'Y�� ' •�w� �♦ _�� ,y3' r- ����� � .�Jaf".'� ' I f .. ..?,�'!`:.Ii i .;�" . � . . . . � .r'�, .. � � �9 . . , �`� � ' , ' �i_.. . �1 �•� . .. i� � 1 � � R � ' ...;" � �. ..._. ,< ._,..,,.__--s-, �1 ' . , -�—.r..- --_. .__ .—._ � . -- .... --_� .,jq' }.. \ ��� :i: ' �..Y. �. ..,r � . ; � :. i '�' . .� ��� n t . �+' � . "+ . t ' ��. ti :�d ! . � i,.(i .�1' � .iJ «1 ! �. `� .� � `y � •�� F�1 ,1 � T�� l • . � � . � � , ��,�. ��'� '��n f ''• �,� � "�" . ����`'_ � _ : � ` � +r f `-� �� t ' �k . ;. � � , , • r. � I � =`Y�. � � - -- ' -�: - .. . � " — ATTACHMENT "C" William O. Quesenberry� M.D. �'a��e Verde Obat<�����yGecoPogy, and Infertility Bruce J. Tarzy, M.D. 15725 POMERADO ftOAD, SUITE 205 . � POWAY, CALIFORN[A 92064 619485•1270 BI&566-5710 January 12 , 1993 Jim Bowersox City Manager City of Poway 13325 Civic Center Drive Poway, CA 92064 Dear Jim: Some six months ago I appeared before the City Council requesting adopting of an ordinance which would prohibit picketing in residential neighborhoods . At the time the Council decided to table action on this item but directed the staff to come back with an ordinance should this type of activity appear again in the city. On December 5, 1992 pickets occurred on the corner of my street and Orchard Gate Drive . The pickets held up a large sign containing inflammatory language directed towards myself and another physician personally. It was obvious that this was not a political statment but an attempt to harass me and my family in our own neighborhood. These activities are no less inflammatory than cross burning on lawns. , I respectfully request that, as directed by the Council you bring forward to them an ordinance which restricts any picketing in residential neighborhoods in our city. As I stated previously there is more than ample opportunity for pickets to appear in commercial or business areas to express their opinions in appropriate public forums . I have enclosed a copy of pictures of the pickets taken at the time it occurred. Please feel free to contact me if I can be of any service reqarding this issue . Sincerely, 1..�/"""�-�--- Bruce J. Tarzy, M. D . fE8 2 1993 1'fEJUJ I 1 9of9