Administration - Brian Podany, Safety Services Manager/Police Chief
Title
Second Reading
Residential Picketing Ordinance
Executive Summary
The council is asked to consider second reading and adopt a proposed ordinance that would regulate residential picketing within the city.
Background
Recently multiple cities have enacted ordinances regulating targeted picketing in residential neighborhoods. This subject was given increased attention last summer after multiple high profile protests occurred in residential neighborhoods and maintaining peaceful residential neighborhoods is important to the city.
The council reviewed the topic and sample ordinance at the January 11 workshop. Staff answered questions from council that confirmed the ordinance would only pertain to residential neighborhoods including apartments, townhomes, mobile homes and single-family homes and that should picketing occur on private property the property owner could contact the police.
There are multiple cities that have enacted targeted picketing ordinances regulating this activity and multiple ordinances were reviewed in preparation of this proposed ordinance in Blaine. Some of these ordinances have been created recently while others have been around for years. Staff worked extensively with the City Attorney’s office and received input from a resident and a portion of that input was incorporated into the ordinance.
When this matter originally came up, staff was concerned due to the need to protect the Constitutional Freedoms we have in this Country and the importance of maintaining livable, peaceful neighborhoods. Legislation regarding targeted residential picketing has been addressed both at the US Supreme Court Level and at the State Court level and legislation has been upheld. Although the ordinance controls targeted picketing in residential areas, the right to peacefully protest in other areas is preserved and not affected.
Strategic Plan Relationship
A strength of the city identified in the 2020-2023 strategic plan was residential growth as well as a vibrant community. This item also relates to the effective communication priority in the strategic plan by working to keep neighborhoods safe while allowing those to exercise constitutionally protected freedoms of speech and expression.
Board/Commission Review
Not required.
Financial Impact
Adoption of this ordinance would not result in additional budgeting needs but instead provides for clearer guidelines of the right to assemble and provides a clearer process of enforcement for police to follow.
Public Outreach/Input
After the January workshop, staff communicated with one resident who had input and proposed changes to the ordinance, some of which were incorporated after consultation with the city attorney. First reading was held on April 5, 2021, and second reading is being presented now allowing for additional public input of this ordinance.
Staff Recommendation
The first reading of the proposed ordinance was completed on April 5, 2021, and staff recommends council hold second reading and adopt the ordinance.
Attachment List
None
Body
THE CITY OF BLAINE DOES ORDAIN: (Added portions are underscored and deleted portions are shown with overstrike.)
CHAPTER 50 - OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE II. - OFFENSES INVOLVING PROPERTY RIGHTS
DIVISION 2. - GRAFFITI
Secs. 50-56 - 50-90 50-70. - Reserved.
DIVISION 3. - RESIDENTIAL PICKETING.
Sec. 50-71. Findings and Purpose.
The City has an interest in the protection of residential privacy, the wellbeing and tranquility of the home, and protecting citizens from unwanted speech when they are a captive audience within their homes. The City Council finds that, without resorting to targeted residential picketing, ample opportunities exist for those otherwise engaged in targeted residential picketing to exercise constitutionally protected freedoms of speech and expression.
Section 50-72. Definitions.
The following words, terms, and phrases, when used in this division, shall have the meaning given them in this section.
“Targeted residential picketing” means:
(1) Marching, standing, or patrolling by one or more persons directed solely at a particular residential building or occupant of a building identified by name, occupation, photograph, or other means in a manner that adversely affects the safety, security, or privacy of an occupant of the building; or
(2) Marching, standing, or patrolling by one or more persons which prevents an occupant of a residential building from gaining access to or exiting from the property on which the residential building is located; or
(3) Standing, marching, patrolling, or picketing by one or more persons focused in front of or adjacent to a particular residential dwelling without the consent of that dwelling’s occupants.
Sec. 50-73. Prohibition.
No person shall engage in targeted residential picketing within the City.
Sec. 50-74. Penalty.
Any person who engages in targeted residential picketing within the City is guilty of a misdemeanor.
Sec. 50-75-50-90. Reserved.
INTRODUCED AND READ in full the 5th day of April, 2021.
PASSED by the City Council of the City of Blaine this 19th day of April, 2021.