HomeMy WebLinkAbout14-09 Regarding Disruptive Conduct During City Council MeetingsORDINANCE NO. 14-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, REPEALING AND REPLACING SECTION 2-61 OF CHAPTER
III (CITY COUNCIL MEETINGS AND PROCEDURES) AND ADDING SECTION
2-87 (SEVERABILITY) TO TITLE 2 (ADMINISTRATION) OF THE COSTA
MESA MUNICIPAL CODE REGARDING DISRUPTIVE CONDUCT .DURING
CITY COUNCIL MEETINGS
WHEREAS, the City of Costa Mesa has the authority, under its police
power, to enact regulations for the public peace, morals, and welfare of the city,
Cal. Const. art. XI, § 7; and
WHEREAS, the City Council of the City of Costa Mesa finds that conduct
by persons addressing the City Council during City Council meetings which
interferes with, disrupts, disturbs or otherwise impedes the orderly conduct of
City Council meetings, prevents the City Council from conducting its business,
and inhibits the ability of Costa Mesa's citizens to petition their government for
the redress of grievances; and
WHEREAS, City Council meetings are limited public fora, White v.
Norwalk, 900 F.2d 1421 (9th Cir. 1990), and the Council may adopt regulations
related to conduct at Council meetings that are reasonable to the purpose of the
forum and viewpoint neutral. Norse v. City of Santa Cruz, 629 F.3d 966, 975 (9th
Cir. 2010) and
WHEREAS, prohibited conduct at City Council meetings must be limited to
conduct that actually disrupts the orderly operation of such meetings. Acosta v.
City of Costa Mesa, 718 F.3d 800 (2013).
WHEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 2-61 of Chapter III (City Council Meetings and Procedures)
of Title 2 (Administration) is hereby repealed and replaced in its entirety with the
following:
2-61 Conduct while addressing the council.
(a) Any person who engages in disorderly behavior that actually disrupts,
disturbs or otherwise impedes the orderly conduct of any city council
meeting shall, upon an order by the presiding officer or a majority of the
city council, be barred from further audience before the city council during
that meeting, pursuant to the provisions of subdivision (c), below.
Ordinance No. 14-09 Page 1 of 6
(b) Disorderly behavior under subdivision (a) may include, but is not limited to,
the following:
(1) Speaking without being recognized by the presiding officer.
(2) Continuing to speak after the allotted time has expired.
(3) Speaking on an item at a time not designated for discussion by the
public of that item.
(4) Throwing objects.
(5) Speaking on an issue that is not within the jurisdiction of the city
council.
(6) Attempting to engage the audience rather than the City Council.
(7) Refusing to modify conduct after being advised by the presiding
officer that the conduct is disrupting the meeting, or disobeying any
other lawful order of the presiding officer or a majority of the city
council.
(c) Enforcement. The rules of conduct while addressing the city council set
forth above shall be enforced in the following manner:
(1) Call to order and warning to desist. Whenever practicable, the
presiding officer or a majority of the city council shall give a warning
to the person who is breaching the rules of conduct to be orderly
and to comply with the rules of conduct hereunder. Such a warning
shall articulate the rule of conduct being violated and the manner in
which the person must comply.
A warning shall not be necessary when it would not be effective
under the circumstances, including when, but not limited to, the
disturbance is such that the warning cannot be heard above the
noise, or the conduct of the person or persons constitutes an
immediate threat to public safety, such as the throwing of objects or
specific threats of harm and the apparent, present ability to carry
Ordinance No. 14-09 Page 2 of 6
out such threats. A warning shall also not be necessary when an
individual violates the rules of conduct more than once during a
council meeting, or continuously violates the rules of conduct
council meeting after council meeting.
(2) Order barring person from meeting. A person who engages in
disorderly behavior shall be barred from the remainder of that
council meeting by the presiding officer or a majority of the city
council when that person: (i) continues the disorderly behavior after
receiving a warning pursuant to subdivision (c)(1); (ii) ceases the
disorderly behavior upon receiving a warning pursuant to
subdivision (c)(1), but later in the same council meeting resumes
such disorderly behavior; or (iii) engages in disorderly behavior and
no warning is practicable under the circumstances, pursuant to
subdivision (c)(1).
The continuation of disorderly behavior after receiving a warning,
repeated disorderly behavior during a council meeting, disorderly
behavior at council meeting after council meeting, or disorderly
behavior that is so significant that a warning cannot be given,
constitutes the type of behavior that actually disrupts, disturbs or
otherwise impedes the orderly conduct of a city council meeting.
(3) Removal. If the person barred from the meeting does not voluntarily
remove him/herself upon being instructed to do so by the presiding
officer or a majority of the city council, the presiding officer or the
majority of the city council may direct the sergeant -at -arms to
remove that person from the council chambers.
(d) The following conduct shall be unlawful and shall be punishable as a
misdemeanor:
Ordinance No. 14-09 Page 3 of 6
(1) Continuing to engage in disorderly conduct, which disrupts, disturbs
or otherwise impedes the orderly conduct of any city council
meeting, after receiving a warning pursuant to subdivision (c)(1) of
this section.
(2) Refusing to leave a city council meeting after being directed to do
so pursuant to subdivision (c)(2) of this section.
(3) Returning to a council meeting after being barred, removed or
directed to leave such meeting pursuant to subdivisions (c)(2) and
(c)(3) of this section.
Section 2. Section 2-87 of Chapter III (City Council Meetings and Procedures) of
Title 2 (Administration) is hereby added as follows:
Section 2-87Severability.
If any chapter, article, section, subsection, subdivision, sentence, clause, phrase,
word, or portion of this Chapter III of Title 2, or the application thereof to any
person, is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portion of this Chapter III of Title 2 or its application to other
persons. The City Council hereby declares that it would have adopted this
Chapter III of Title 2 and each section, subsection, subdivision, sentence, clause,
phrase or portion thereof, irrespective of the fact that any one or more
subsections, subdivisions, sentences, clauses, phrases, words, or portions of the
application thereof to any person, be declared invalid or unconstitutional. No
portion of this Chapter III shall supersede any local, State, or Federal law,
regulation, or codes dealing with life safety factors.
Section 3. Inconsistencies. Any provision of the Costa Mesa Municipal Code
or appendices thereto inconsistent with the provisions of this Ordinance, to the
extent of such inconsistencies and no further, is hereby repealed or modified to
that extent necessary to affect the provisions of this Ordinance.
Ordinance No. 14-09 Page 4 of 6
Section 4. Severabilitv. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, word, or portion of this Ordinance, or the application
thereof to any person, is for any reason held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portion of this Ordinance or its application to other
persons. The City Council hereby declares that it would have adopted this
Ordinance and each chapter, article, section, subsection, subdivision, sentence,
clause, phrase, word, or portion thereof, irrespective of the fact that any one or
more subsections, subdivisions, sentences, clauses, phrases, or portions of the
application thereof to any person, be declared invalid or unconstitutional. No
portion of this Ordinance shall supersede any local, State, or Federal law,
regulation, or codes dealing with life safety factors.
Section 5. This Ordinance shall take effect and be in full force thirty (30) days
from and after the passage thereof, and prior to the expiration of fifteen (15) days
from its passage shall be published once in the DAILY PILOT, a newspaper of
general circulation, printed and published in the City of Costa Mesa or, in the
alternative, the City Clerk may cause to be published a summary of this
Ordinance and a certified copy of the text of this Ordinance shall be posted in the
office of the City Clerk five (5) days prior to the date of adoption of this
Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause
to be published the aforementioned summary and shall post in the office of the
City Clerk a certified copy of this Ordinance together with the names and
member of the City Council voting for and against the same.
PASS E�ND_46.DOPTED this 15th day of July, 2014.
Mayor
Ordinance No. 14-09 Page 5 of 6
ATTEST: APPROVIUAS TO FORM:
Brenda Green, City Jerk Thom s Duarte, -City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk and ex -officio clerk of the City Council of the City
of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 14-09
was introduced at a regular meeting of said City Council held on the 1st day of
July, 2014, and thereafter passed and adopted as a whole at a regular meeting
of said City Council held on the 15th day of July, 2014, by the following roll call
vote:
AYES: COUNCIL MEMBERS: Genis, Monahan, Mensinger, Righeimer
NOES: COUNCIL MEMBERS: Leece
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 16th day of July, 2014.
(3 Al(&yiil'-u�
Brenda Green, Oty Clerk
Ordinance No. 14-09 Page 6 of 6