City Council Meeting 1-8-08
ORDINANCE NUMBER (CCS)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF
SANTA MONICA ESTABLISHING DISTANCE REQUIREMENTS FOR TARGETED RESIDENTIAL
PROTESTS AND PROHIBITING THE USE OF DANGEROUS STICKS AND POLES IN
DEMONSTRATIONS
WHEREAS,
in
recent years, an increasing number of targeted, residential demonstrations or
protests have occurred within the City; and
WHEREAS, these
demonstrations have involved demonstrators congregating on a residential
sidewalk, sometimes immediately adjacent to the targeted residence, and
expressing their views by shouting and chanting at the residence; and
WHEREAS, such
demonstrations have occurred in at least three separate residential
neighborhoods of the City; and
WHEREAS, this
particular form of expression disturbs the tranquility of the community members
living within the targeted residence, threatens their privacy, and can cause them
to suffer significant emotional and even physical distress in their own homes;
and
WHEREAS, on
one occasion, an older resident of a targeted home suffered a heart attack
during or shortly after a targeted demonstration; and
WHEREAS, City
residents have a right to tranquility and privacy within their homes; and
WHEREAS,
demonstrators, including those engaging in targeted protests, have the First
Amendment right to express their views and to convey their message to a
particular, targeted audience, including the residents or a particular home;
and
WHEREAS, the
City Council must balance the rights of residents and demonstrators to ensure
that both groups’ rights are respected and fulfilled; and
WHEREAS, in
order to safeguard both groups’ rights, the Council must ensure that targeted
demonstrations may occur within the community but that such demonstrations do
not force residents to become captive audiences to unwanted speech within their
own homes; and
WHEREAS, establishing
a distance which must be maintained between residential dwellings and
demonstrators targeting those dwellings will serve both those ends; and
WHEREAS, this
ordinance is not intended to and does not restrict the expression of views in
residential neighborhoods through picketing or demonstrations which do not
target particular residences or households; and
WHEREAS, in
addition to protecting the rights of residents and demonstrators, the Council
also wishes to preserve the safety of all; and
WHEREAS, demonstrators
within the City frequently use signs on poles or sticks to communicate their
message to others; and
WHEREAS, these poles and sticks can
become dangerous weapons, particularly
in
situations involving dispute and conflict; and
WHEREAS, in
the neighboring jurisdiction of Los Angeles, demonstrators have used poles or
sticks as weapons and have injured others during demonstrations; and
WHEREAS, the
City must ensure both that demonstrators can reach intended audiences with
their signs and that demonstrations remain safe for all people, including
demonstrators, the police and others; and
WHEREAS, regulating
the width of sign poles will ensure that they are not heavy enough to be used
as weapons and that demonstrators will be able to continue projecting their
messages above the heads of crowds to reach spectators, passersby and cameras;
and
WHEREAS, this
ordinance is a necessary time, place and manner restriction, intended to
reconcile and protect the needs and rights of protestors to peacefully and
effectively communicate and express their views, of residents to enjoy privacy
and respite in their homes, and of
police officers and others to be free of unnecessary risk of physical
harm.
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
4.08.780 Prohibition Against Using Dangerous Sticks and Poles. While participating in any demonstration, rally, picket line or public assembly, no person shall carry or possess any length of lumber, wood, or wood lath unless that object is one-fourth inch or less in thickness and two inches or less in width or, if not generally rectangular in shape, such object shall not exceed three-quarter inch in its thickest dimension
4.08.790 Distance Restriction for Targeted Residential
Protests.
(a) For purposes of this Section, the following definitions shall apply:
(1) “Picketing” means the posting of a person or group for a demonstration or protest.
(2) “Targeted” activity means activity that is directed at a particular residential dwelling and proceeds on a definite course or occurs at a particular location in front of or around that particular dwelling.
(b) No person shall engage in a demonstration or picketing activity that is targeted at a residence and which occurs within 50 feet of the targeted residence. However, if the targeted residence is within 50 feet of the sidewalk on the opposite side of the street, the demonstration or picketing activity may occur on the sidewalk on the opposite side of the street from the targeted residence.
APPROVED
AS TO FORM:
_________________________
MARSHA
JONES MOUTRIE
City
Attorney