Ord 1949 - Urgency Ordinance - Amending Section 16.20.040 of the Town Code Regulating Amplified Sound and Adding a New Section 18.50.100 to Limit Focused Picketing of a ResidenceORDINANCE 1949
URGENCY ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
SECTION 16.20.040 OF THE TOWN CODE REGULATING AMPLIFIED
SOUND AND ADDING A NEW SECTION 18.50.100 TO LIMIT
FOCUSED PICKETING OF A RESIDENCE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
This ordinance is an urgency ordinance to take effect immediately. The ordinance
is adopted for the immediate preservation of the public peace, health and safety. The facts
constituting the urgency are as follows:
1. The use of all amplified sound equipment when attached to a vehicle, boat
or aircraft, used for events and in special events is restricted by existing
ordinance;
2. The use of amplified sound by hand carried devices such as bull horns or
other portable devices can create just as significant a disturbance and has
been used by various groups and individuals to incite groups or persons
involved in protests to violence or lawlessness;
3. There is a significant probability that hand held amplified sound devices will
be used in commercial districts and in or adjacent to resident's neighborhood
in the immediate future.
4. Picketing of individual residences has also been adopted as a means of
harassment by various groups although other forums exist, and this tactic
disrupts entire neighborhoods and families.
5. There is a substantial probability that picketing of individual residences by
various groups will occur in the immediate future.
6. If these provisions are not adopted, large numbers of citizens will suffer from
noise and disruption and the potential for violence will be unnecessarily
heightened.
SECTION II
Picketing of residences of persons who hold certain political opinions, who are
officials in companies or public agencies, or who are involved in controversial employments
has become a means of harassment and intimidation in some areas of the nation. Such
picketing invades the legitimate privacy interests of the residents while also adversely
affecting neighbors; at the same time, it can lead to violent confrontations. In every
instance, alternative forms of providing information and asserting positions on issues exist,
whether by peaceful marching and protest, or picketing and leafletting at the actual sites
involved in the controversy. At the same time, the Town is aware that some controversies
may involve the residence itself, such as a labor protest over work actually being performed
at the site. Therefore, this ordinance is intended to narrowly limit picketing of a single
residence and to conform to the parameters set forth in the United States Supreme Court
case of Frisby vs. Schultz (1988) 487 U.S. 474 (108 S.Ct. 2495) and the California Appellate
decision in Annenberg vs. Southern California Dist. Council of Laborers (1974) 38 Cal.App.
3d 637 (113 Cal.Rptr. 519).
SECTION III
Sections 16.20.040 is hereby amended, to read as follows:
Section 16.20.040. Amplified Sound.
(a) It shall be unlawful for any person other than authorized personnel of law
enforcement or government agencies, to install, use, or operate within the Town any hand-
held or portable voice amplification device or sound amplifying equipment attached to or
housed within any vehicle, boat or aircraft, including sound trucks for the purposes of giving
instructions, directions, addresses, lectures or transmitting music to any persons or
assemblies in or upon any street, alley, sidewalk, park or public property or any open space
generally available to the public, without prior approval through a special events permit or
conditional use permit granted by the Town.
(b) Under such a permit, the commercial and noncommercial use of sound
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amplifying equipment shall be subject to the following limitations:
(1) Only music, human speech or, a combination of the same shall be permitted.
(2) The operation of sound amplifying equipment, including outdoor paging
systems, for commercial purposes shall be limited to no greater than the hours
of 8:00 a.m. to 7:00 p.m. weekdays, 9:00 a.m. to 6:00 p.m. Saturdays and 10:00
a.m. to 4:00 p.m; Sundays and holidays.
(3) Sound amplifying equipment shall not be operated within two hundred (200)
feet of any church, school, or hospital while any of these facilities are in
operation.
(4) In all events, the volume of sound and the hours of operation shall be so
controlled that the sound will not be unreasonably loud, raucous, jarring,
disturbing or a nuisance as defined by the Town Code.
(5) Such conditions as are imposed on time of usage, level of volume, and
quantity of equipment in the permit approval because of location of the.usage.
SECTION IV
A new Section 18.50.100 is added to read as follows:
Section 18.50.100. Picketing of Single Residence Prohibited.
It is unlawful for any person to engage in picketing before a specific residence or
dwelling in the Town, except that individuals may picket before a specific residence
regarding a labor dispute involving work actually performed on the site of the residence or
dwelling. Violation of this section shall be punishable as a misdemeanor.
SECTION V
It is hereby declared to be the intention of the Town Council that the sections,
paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of the Urgency Ordinance.
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SECTION VI
This Urgency Ordinance was passed and adopted at a regular meeting of the Town
Council of the Town of Los Gatos on July 7, 1993 by the following four- fifths vote as an
urgency ordinance of the Town of Los Gatos. This ordinance takes effect immediately
after it is adopted.
COUNCIL MEMBERS
AYES: Randy Attaway, Steven Blanton, Linda Lubeck,
Mayor Joanne Benjamin
NOES: None
ABSENT: Patrick O'Laughlin
ABSTAIN: None
SIGNED:
M OR OF THE TOWN LOS GATOS
L S GATOS, CALIFORN
ATTEST:
W 6 LA� - J
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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