Staff Report with attachments
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
ATTACHMENT 1
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Ordinance 2021- Council Meeting Date
DRAFT
ORDINANCE NO. ____
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING SECTION 18.50.100 OF THE TOWN CODE
TO PROHIBIT TARGETED RESIDENTIAL PICKETING
WHEREAS, pursuant to the Town’s police power, as granted broadly under Article XI,
Section 7 of the California Constitution, the Town Council has the authority to enact and enforce
ordinances and regulations for the public peace, morals and welfare of the Town and its
residents; and
WHEREAS, picketing activity that is targeted at a particular residence or household whose
occupants do not welcome such activity 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; and
WHEREAS, 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; and
WHEREAS, the purpose of this ordinance is to reasonably regulate the time, place and
manner of picketing activity targeted at a particular residential dwelling. The regulations are
content neutral and are intended to protect against the devastating effect of targeted picketing
on the quiet enjoyment of the home; and
WHEREAS, this ordinance is not intended to and do not restrict the rights of free speech
or alternative channels of communication. The ordinance leaves ample room for dissemination
of ideas in a general way through marches, demonstrations, and placards employed in residential
neighborhoods and other places, provided individuals are not targeted within 300 feet of their
home; and
WHEREAS, in developing this ordinance, the Town Council has been mindful of legal
principles relating to the regulations of targeted residential picketing. The Town Council has
considered decisions of the United States Supreme Court, including but not limited to: Frisby vs
Schultz (1988) 487 U.S. 474, and Village of Belle Terre vs Boraas (1974) 416 U.S. 1, 9; several
California cases, including but not limited to: City of San Jose vs Superior Court (1995) 32
Cal.App.4th 330; Sundance Saloon, Inc. vs City of San Diego (1989) 213 Cal.App.3d 807; and,
Concerned Citizens of Murphys vs Jackson (1977) 72 Cal.App.3d 1021; and
ATTACHMENT 1
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Ordinance 2021- Council Meeting Date
WHEREAS, the California Appellate Court decision in the City of San Jose vs Superior
Court, referenced above, supports the language of this chapter on its face and in its application
as a content neutral time, place and manner restriction. Consistent with the City of San Jose
decision, the Town Council has reasonably chosen this 300 foot buffer zone to provide a minimum
degree of protection to the residents of targeted homes.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as
follows:
SECTION 1. Section 18.50.100 of the Los Gatos Town Code is amended to read as follows:
Sec. 18.50.100. - Targeted residential picketing prohibited.
A. No person shall engage in picketing activity that is targeted at and is within three hundred
feet of a residential dwelling.
B. For purposes of this chapter, the term "residential dwelling" means any permanent
building being used by its occupants solely for non-transient residential uses.
C. For purposes of this chapter, the term "targeted" picketing means 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.
D. 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.
Sec. 18.50.110. - Picketing before or about a residential dwelling prohibited.
A. It is unlawful for any person to engage in picketing before or about a residential dwelling
of any individual in the Town of Los Gatos.
B. Enforcement of this section shall be limited to those situations where the picketing
proceeds on a definite course or route in front of a residential dwelling and is directed at
that residential dwelling.
C. This section does not and shall not be interpreted to preclude general marching through
residential neighborhoods.
Sec. 18.50.120. - Private right of action.
A. Any person who is aggrieved by an act prohibited by this Chapter may bring an action for
damages, injunctive and/or declaratory relief, as appropriate, in a court of competent
jurisdiction against any person who has violated, has conspired to violate, or proposes to
violate the provisions of this chapter.
B. Any aggrieved person who prevails in such an action shall be entitled to recover from the
violator those damages, costs, attorneys' fees and such other relief as determined by the
court. In addition to all other damages or relief, the court may award to the aggrieved
person a civil penalty of up to one thousand dollars for each violation of this chapter.
ATTACHMENT 1
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Ordinance 2021- Council Meeting Date
C. The remedies provided by this chapter are in addition to any other legal or equitable
remedies the aggrieved person may have and are not intended to be exclusive.
Sec. 18.50.130 - Penalty.
In addition to any civil remedy created herein, the violation of any provision of Sections 18.50.100
or 18.50.110 shall constitute a misdemeanor and shall be punishable by a fine not to exceed one
thousand dollars or by imprisonment for a period not to exceed six months, or by both such fine
and imprisonment. Each and every day such a violation exists shall constitute a separate and
distinct violation of those sections. In addition to the foregoing, any violation of Sections
18.50.100 or 18.50.110 shall constitute a public nuisance and shall be subject to abatement as
provided by all applicable provisions of law.
SECTION 2. The approval of this ordinance is exempt from the California Environmental
Quality Act (Public Resources Code §§ 21000 et seq., "CEQA," and 14 Cal. Code Reg. §§ 15000 et
seq., "CEQA Guidelines"). This ordinance imposes a general tax that can be used for any
legitimate governmental purpose; it is not a commitment to any particular action. As such, under
CEQA Guidelines section 15378(b)(4), the ordinance is not a “project” within the meaning of
CEQA because it creates a government funding mechanism that does not involve any
commitment to any specific project that may result in a potentially significant physical impact on
the environment. If revenue from the tax were used for a purpose that would have either such
effect, the Town would undertake the required CEQA review for that project. Therefore, pursuant
to CEQA Guidelines section 15060, CEQA analysis is not required.
SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this ordinance
is for any reason held to be unconstitutional or otherwise invalid by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance. The Town Council of the Town of Los Gatos hereby declares that it would have
adopted the remainder of this ordinance, including each section, subsection, sentence, clause,
phrase, or portion irrespective of the invalidity of any other article, section, subsection, sentence,
clause, phrase, or portion.
SECTION 4. This Ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on the 2nd day of November 2021 and adopted by the following vote as an
ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los
Gatos on the 16th day of November 2021. This ordinance takes effect 30 days after it is adopted.
In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage a
summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days
after adoption by the Town Council and a certified copy shall be posted in the office of the Town
Clerk, pursuant to GC 36933(c)(1).
ATTACHMENT 1
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Ordinance 2021- Council Meeting Date
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the ______ day of ________ 2021, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________