Ord. 863ORDINANCE NO. 863
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF POWAY, CALIFORNIA, ADDING CHAPTER 8.22 TO
TITLE 8 (HEALTH AND SAFETY) OF THE POWAY MUNICIPAL
CODE REGARDING HATE LITTER
WHEREAS, pursuant to Government Code sections 36934 and 36937, a city may adopt
an urgency Ordinance for the immediate preservation of the public peace, health, or safety;
WHEREAS, as forth below in the declaration of the facts constituting the urgency, recent
and unprecedented levels of hate -motivated activities pose numerous threats to the public peace,
health, and/or safety;
WHEREAS, the City of Poway desires to keep members of the community safe from non -
protected hate speech and hate -containing writings; and
WHEREAS, the City Council desires to adopt Chapter 8.22 of the Poway Municipal Code,
establishing regulations for the distribution of written material containing specified hate speech
including violations, penalties, and enforcement.
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: The City Council finds and determines that the adoption of this urgency
Ordinance is exempt from the California Environmental Quality Act (CEQA) under State CEQA
Guidelines Section 15060(c)(2), in that the adoption of this Ordinance will not result in a direct or
reasonably foreseeable indirect physical change in the environment, and is further and
independently exempt from the California Environmental Quality Act under State CEQA
Guidelines Section 15061(b)(3), in that it can be seen with certainty there is no possibility the
adoption of this Ordinance will have a significant effect on the environment.
SECTION 3: The City Council has the power to enact an urgency Ordinance, not in conflict
with general laws, as necessary to protect public peace, health, and safety, via exercise of the
powers provided to cities in Article XI, Section 7, of the California Constitution, and in compliance
with Government Code section 36937, subdivision (b). The adoption of this urgency Ordinance is
necessary for the immediate preservation of the public peace, health, and safety as those terms
are used in Government Code Section 36937, subdivision (b) in at least the following respects:
A. On April 27, 2019, during Passover, an armed gunman fatally shot one woman
and injured three other people inside the Chabad of Poway, located in the City of
Poway. Shortly before committing this crime, the shooter posted an antisemitic and
racist open letter on the internet.
B. Beginning in June 2023 and continuing to the present day, there is a local (San
Diego County) surge in the distribution of antisemitic and homophobic flyers in
neighborhoods, causing severe distress to residents leaving and arriving home.
Ordinance No. 863
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C. On October 7, 2023, armed HAMAS fighters breached border security fences and
stormed beaches in Israel, leading to the death of over 1,400 in Israel, including at
least 32 Americans. Since that time, at least 3,400 people have been killed in
Gaza. Antisemitic and anti -Palestinian incidents have since spiked across the
United States.
D. On October 25, 2023, the Department of Homeland Security ("DHS") and Federal
Bureau of Investigation ("FBI") issued a Public Service Announcement to highlight
potential threats in the United States from a variety of actors in response to the
HAMAS attacks on Israel on October 7, 2023, and subsequent activities in that
region. The Public Service Announcement stated: "the volume and frequency of
threats to Americans, especially those in the Jewish, Arab American, and Muslim
communities in the United States, have increased, raising our concern that violent
extremists and lone offenders motivated by or reacting to ongoing events could
target these communities. These threats have included hoax bomb threats
targeting houses of worship and violent rhetoric online encouraging attacks against
the Jewish, Arab American, and Muslim communities across the United States."
E. Residents of the City of Poway have spoken to the City about the increase of and
threat posed by distribution of hate litter to the members of the community.
The above -identified facts constitute a current and immediate threat to the public peace,
health, and safety of the City, within the meaning of Government Code section 36937,
subdivision (b). In light of these facts, the City Council finds that an urgency Ordinance is
necessary and essential. The City Council declares that this urgency Ordinance is necessary for
immediate preservation of the public peace, health, and safety of the community.
SECTION 4: The new Chapter 8.22 is hereby added to Title 8 of the Poway Municipal
Code to read as set forth on Exhibit 1 hereto.
SECTION 5: If any provisions of this Ordinance or the application thereof to any person
or circumstances is held invalid, that invalidity shall not affect other provisions or applications of
the act which can be given effect without the invalid provisions or application, and to this end the
provisions of this act are severable.
SECTION 6: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force immediately following
its adoption by a 4/5 vote of the City Council.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it, or a summary of it, to be published in the manner required by law.
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INTRODUCED, PASSED, AND ADOPTED at a Regular Meeting of the City Council of the
City of Poway, California, held the 7th day of November, 2023, by the following vote, to wit:
AYES: DE HOFF, EDMONDSON, PEPIN, FRANK, VAUS
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CIVIC, City Clerk
Ordinance No. 863
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Exhibit 1
CHAPTER 8.22: HATE LITTER
8.26.010
Purpose and intent
8.26.020
Definitions
8.26.030
Unlawful hate littering
8.26.040
Public nuisance declared
8.26.050
City Manager administrative authority
8.26.060
Violations, penalties, and enforcement
§ 8.26.010 PURPOSE AND INTENT.
Hate speech and hate -containing writings against anyone based on a characteristic or
perceived characteristic which is protected by state or federal law has no place in the City of
Poway. Such hate speech and hate -containing writings prevent people from comfortably moving
to and from their homes and throughout the City of Poway out of fear for violence. Such target
activities are a threat to the health, safety, and welfare of the community. This chapter shall be
interpreted in a manner that is consistent with applicable state and federal law.
§ 8.26.020 DEFINITIONS.
For purposes of this chapter, the words and phrases in this chapter shall have the following
meanings, except where the context clearly indicates a different meaning.
DUMP. To dump, throw, discard, place, deposit, or dispose of.
HARASS. To engage in a course of conduct directed at a specific person which causes
substantial emotional distress to that person and serves no legitimate purpose.
PUBLIC AREA. All property that is owned, managed or maintained by the city, and shall
include, but not be limited to any public street, building, grounds, lot, parcel park, plaza or
parking lot dedicated to the authorized use and enjoyment of the public, and any other public
property owned, maintained or controlled by another government agency within the City where
the City is authorized to enforce its police powers as described herein.
PUBLIC STREET. Includes but is not limited to any city right-of-way, street, road, highway,
alley, sidewalk, parkway, bridge, culvert, drain, and all other facilities or areas necessary for the
construction, improvement, and maintenance of streets and roads.
SIDEWALK. That portion of the public right-of-way provided for the primary use of pedestrians
along or adjacent to a street.
§ 8.26.030 UNLAWFUL HATE LITTERING.
(A) Unlawful hate littering. It shall be unlawful and a public nuisance for any person to
distribute or dump pamphlets, flyers, or other materials, whether for commercial or
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noncommercial purposes, in a public area, including outside a private residence, with the intent
to willfully injure, intimidate, interfere with, oppress, harass, or threaten anyone based on a
characteristic or perceived characteristic which is protected by state or federal law, including
race, religion, color, sex, gender, gender identity, gender expression, marital status, medical
condition, military or veteran status, national origin, ancestry, physical or mental disability,
genetic information, sexual orientation, and age. Such distribution or dumping shall be deemed
"hate littering."
(B) Exception. This section shall not apply to any activity protected under the Constitution of
the United States and the Constitution of the State of California.
§ 8.26.040 PUBLIC NUISANCE DECLARED
Any hate littering established in violation of this chapter is declared to be a public nuisance
and the City is authorized to abate the nuisance and remove hate litter as authorized by law.
§ 8.26.050 CITY MANAGER ADMINISTRATIVE AUTHORITY.
The City Manager or his or her designee may develop and adopt administrative regulations
that are consistent with the terms and prohibitions of this chapter. This shall include all policies
and procedures for the abatement of hate litter, including the policies and procedures for
ensuring safe and prompt removal of the nuisance.
§ 8.26.060 VIOLATIONS, PENALTIES, AND ENFORCEMENT.
Any person who violates this chapter is guilty of a misdemeanor and punishable by a fine of
not more than $1,000 and/or imprisonment not to exceed six months. This chapter may also be
enforced via administrative or civil actions as authorized by the Municipal Code.