ORD 458 ORDINANCE NO. 458
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING TITLE 9
OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO ADD REGULATIONS
GOVERNING PICKETING IN RESIDENTIAL ZONES IN THE CITY.
WHEREAS, residential picketing that is targeted at a particular residence is a
phenomenon that is harmful to the public health, safety and welfare, and must be
limited; and
WHEREAS, picketing at or near the borders of a private residence, directed at
the inhabitants of the residence is a disfavored activity that is not entitled to a high level
of First Amendment protection, according to decisions by State and Federal courts; and
WHEREAS, unreasonably noisy picketing at or near the borders of a private
residence, using noise directed at the inhabitants of the residence for the purpose of
threatening and harassing such inhabitants, is a disfavored activity that is not entitled to
a high level of First Amendment protection, according to decisions by State and Federal
courts; and
WHEREAS, picketing that is directed at particular individual homes and picketing
that is unreasonably noisy and is intended to harass and intimidate the occupants, are
inherently and unreasonably offensive to and intrusive upon the right to privacy in one's
home; and
WHEREAS, a 300-foot "buffer zone" as established herein, creates a minimum
zone of protection for residents from unwanted harassment and intimidation, but does
not prevent picketers from disseminating their message to the general public or to local
residents, from a lawful distance; and
WHEREAS, in adopting this ordinance, it is the intent of the City Council to
protect what the courts have called the "captive audience" inside the targeted homes;
however, the City Council does not intend to stifle any speech that is protected by the
First Amendment; and
WHEREAS, the prohibitions and buffer zones adopted herein leave open ample
alternative avenues for communicating messages and ideas by those who wish to
picket or protest in the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
SECTION 1. Title 9 of the Rancho Palos Verdes Municipal Code is hereby amended by
adding new Chapter 9.32, entitled "Residential Picketing," thereto, to read as follows:
"9.32 Residential Picketing
"9.32.020 Definitions.
The following words and phrases, whenever used in this Chapter shall be
construed as defined in this Section, except where the context clearly requires
otherwise:
A. The term "residential dwelling" shall mean any permanent building being
used by its occupants solely for non-transient residential uses.
B. The term "picketing activity" shall mean the demonstration by one or more
persons to protest the activities or policies of a person or entity.
C. The phrase "picketing activity that is targeted at" shall mean picketing
activity that is targeted at a particular residential dwelling and proceeds on
a definite course or route in front of or around that particular residential
dwelling.
"9.32.030 Targeted Residential Picketing Prohibited.
A. No person shall engage in picketing activity that is targeted at and is within
three hundred feet of a particular residential dwelling.
B. This chapter does not and shall not be interpreted to preclude picketing in
a residential area that is not targeted at a particular residential dwelling.
"9.32.040 Loud and Raucous Noise Prohibited.
No person shall willfully make or cause to be made any loud and raucous noise
at or within 300 feet of any residence in the City which is intended to harass,
threaten or intimidate any person living therein.
"9.32.050 Remedies Not Exclusive.
The remedies provided by this Chapter are in addition to any other legal or
equitable remedies any aggrieved person may have and are not intended to be
exclusive.
"9.32.060 Violation.
A violation of this Chapter is punishable pursuant to Section 1.08.010 of the
Municipal Code."
Ordinance No. 458
Page 2 of 3
SECTION 2. If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this Ordinance, or the application thereof to any person or place, is for any
reason held to be invalid or unconstitutional by a court of competent jurisdiction, such
decision shall not affect the validity of the remainder of this Ordinance. The City Council
hereby declares that it would have adopted this Ordinance, and each and every section,
subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, sentences, clauses,
phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 3. The City Clerk is directed to certify to the enactment of this Ordinance and
to cause this Ordinance to be posted as required by law.
SECTION 4. This Ordinance shall go into effect and be in full force and effect at 12:01
a.m. on the thirty-first (31st) day after its passage.
PASSED, APPROVED AND ADOPTED THIS 29TH AY 201/
1 /
Mayor
Attest:
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, do hereby
certify that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. 458 passed first reading on May 15, 2007, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
May 29, 2007, and that the same was passed and adopted by the following roll call
vote:
AYES: Clark, Stern, and Mayor Long
NOES: Gardiner
ABSENT: Wolowicz
ABSTAIN: None
geLa-
City Clerk
Ordinance No. 458
Page 3 of 3
RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES )
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on June 1, 2007, she caused to be posted the following document entitled:
ORDINANCE NO. 458—AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES,
AMENDING TITLE 9 OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO ADD
REGULATIONS GOVERNING PICKETING IN RESIDENTIAL ZONES IN THE CITY, a
copy of which is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
/ZdAt—ir"
f
City Clerk
W:\City Council Ordinances\affidavits\Ordinance 458-Regulations Governing Picketing in Residential Zones.doc