Loading...
Staff Report.Picketing Ordinance Reviewed by: Town Manager and Assistant Town Manager 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 10/19/2021 ITEM NO: 11 DATE: October 18, 2021 TO: Mayor and Town Council FROM: Robert Schultz, Town Attorney SUBJECT: Introduction and First Reading of an Ordinance Amending the Los Gatos Town Code Section 18.50.100 to Prohibit Targeted Residential Picketing RECOMMENDATION: Accept public comment then move for the introduction and first reading of an Ordinance (Attachment 1), by title only, amending the Los Gatos Town Code Section 18.50.100 to Prohibit Targeted Residential Picketing. BACKGROUND: On October 19, 2021, the Town Council enacted an urgency ordinance prohibiting targeted picketing within 300 feet of the residence of a particular person. Urgency ordiances expire in 45 days unless they are extended or are made permenant. The introduction and first reading of this ordinance will begin the process of making the urgency ordinance permanent. DISCUSSION: Targeted picketing is defined as 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. Picketing activity that is targeted at a particular residence may harass and intimidate such occupants, is inherently and unreasonably offensive to and intrusive upon the right to privacy in the home, and may cause the occupants of such home to experience great emotional distress. Such unwelcome and targeted picketing activity creates a ‘captive audience’ situation because the occupants of a residence or household cannot readily move to another residence or household in order to avoid the unwelcome picketing activity being directed at them. The ordinance, as amended, is narrowly tailored to protect the safety and tranquility of residents while leaving open ample alternative channels of communication. The ordinance is content neutral and merely restricts the time, place and manner of picketing. Adopting this PAGE 2 OF 2 SUBJECT: Introduction and First Reading of an Ordinance Amending the Los Gatos Town Code Section 18.50.100 to Prohibit Targeted Residential Picketing DATE: October 18, 2021 ordinance will protect residents from being individually targeted while not prohibiting other lawful demonstrations. Ordinances similar to this have been adopted by many cities in the State of California and around the country and have withstood legal challenge. CONCLUSION: It is recommended that the Town Council move for the introduction and first reading of an Ordinance (Attachment 1), by title only, amending the Los Gatos Town Code Section 18.50.100 to Prohibit Targeted Residential Picketing COORDINATION: This report was coordinated with the Town Manager’s Office. FISCAL IMPACT: There will be no fiscal impact to the Town at this time. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachment: 1. Draft Ordinance