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
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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
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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
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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
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" — 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
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