Ord 830ORDINANCE NO. 830
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
RESCINDING CHAPTER 2.30 OF THE POWAY MUNICIPAL
CODE (MUNICIPAL ELECTION PETITION CIRCULATION)
WHEREAS, the City Council approved Ordinance No. 338 in 1991 to adopt Chapter 2.30
of the Poway Municipal Code ("PMC"), which was adopted with the express purpose of
supplementing existing state law with additional restrictions on the circulation of initiative,
referendum, and recall petitions;
WHEREAS, Chapter 2.30 of the PMC (1) requires petition circulators to be registered
voters in the City; (2) requires paid signature gatherers to wear ID badges; and (3) imposes
restrictions on fact sheets used by signature gatherers that are all unenforceable under state
and/or federal law;
WHEREAS, in the years following the adoption of Chapter 2.30, both state and federal
courts have struck down restrictions similar to those set forth in Chapter 2.30 for violating the First
Amendment, and based on these cases, the City Attorney's Office has determined that the
regulations in Chapter 2.30 are unenforceable; and
WHEREAS, due to its unenforceability, the City has not been enforcing any of the
restrictions set forth in Chapter 2.30, and, therefore, the entire Chapter's continued existence in
the PMC only causes confusion.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN
AS FOLLOWS:
SECTION 1: The above recitations are true and correct.
SECTION 2: Chapter 2.30 of the Poway Municipal Code (Municipal Election Petition
Circulation) is hereby deleted in its entirety.
SECTION 3: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after
its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it or a summary of it, to be published with the names of the City Council
members voting for and against the same in the Poway News Chieftain, a newspaper of general
circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified
copy of this Ordinance in the Office of the City Clerk in accordance with Government Code §
36933.
Ordinance No. 830
Page 2
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of
Poway, California, held the 6th day of August 2019, and thereafter,
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 20th day of August, 2019 by the following vote, to wit:
AYES: MULLIN, LEONARD, FRANK, GROSCH, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
Faviola Wdirfp, CMC, City Clerk