Ord. 1104 04-14-03ORDINANCE NO. 1104
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING CHAPTER 20, OFFENSES AND MISCELLANEOUS
PROVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS
IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO ADD
SECTION 20-14, TO BE ENTITLED FOCUSED RESIDENTIAL PICKETING;
HAVING A PENALTY CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION
AND AN EFFECTIVE DATE, AND DECLARING AN EMERGENCY
BECAUSE THE NEED TO REGULATE FOCUSED RESIDENTIAL
PICKETING INURES TO THE BENEFIT OF THE PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND
WELFARE OF THE CITIZENRY.
WHEREAS, the unique nature of the home is that it is the last citadel of the tired, the
weary and the sick, and it is the one retreat to which individuals can escape from the
tribulations of their daily pursuits; and
WHEREAS, protection and preservation of the home is the keystone of democratic
government, because the public health, safety and welfare and good order of the
community require that residents of the city be able to enjoy a feeling of well-being,
peacefulness, tranquility, safety, and privacy in their homes, and when absent from their
homes carry with them the sense of security inherent to the assurance that they may return
to the enjoyment of their homes; and
WHEREAS, the practice of picketing before or about residences causes emotional
disturbance and distress to the occupants, obstructs and interferes with the free use of
public sidewalks and public ways of travel, and such practice destroys the well-being,
peacefulness, tranquility, safety and privacy associated with the home and has as its object
the harassing of such occupants; and
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WHEREAS, without resort to such practice full opportunity exists, and under the
terms and provisions of this ordinance, will continue to exist, for the exercise of freedom of
speech and other constitutional rights; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Chapter 20, Offenses and Miscellaneous Provisions, of the City
of Pearland Code of Ordinances, is hereby amended to ADD Section 20-14, to be entitled
Focused Residential Picketing, to read as follows:
"20-14. Focused Residential Picketing, Prohibited.
a. It shall be unlawful for any person to engage in focused picketing in that portion of
any street which abuts on the property upon which the targeted dwelling is located,
or which abuts on property within fifty feet (measured from the lot line) of the
property upon which the targeted dwelling is located.
b. For purposes of this section, the following definitions shall apply
1. Focused picketing shall mean picketing directed toward a specific person or
persons including, but not limited to, marching, congregating, standing,
parading, demonstrating, parking, or patrolling by one or more persons, with
or without signs.
2. Sidewalk space shall mean that portion of a street between the curb line and
the adjacent property line.
3. Street shall mean the entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of public for
purposes of vehicular travel.
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4. Targeted dwelling shall mean any building or dwelling unit within a building,
in which the target or targets of focused picketing reside.
c. This section shall not apply to any picketing, focused or otherwise, which lawfully
occurs before or about any commercial or industrial establishment or business,
regardless of where located.
d. This section shall not be construed to authorize conduct which is otherwise
prohibited by law."
Section 2. Penalty. Any person who shall violate the provisions of this section
shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of
competent jurisdiction, be punished by a fine in any sum not exceeding Five Hundred
Dollars ($500.00).
Section 3. Savings. All rights and remedies which have accrued in favor of the
City under this Ordinance and amendments thereto shall be and are preserved for the
benefit of the City.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity
of the remaining portions thereof.
Section 5. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
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Section 6. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official
Code of Ordinances as provided hereinabove.
Section 7. Effective Date. The City Secretary shall cause this Ordinance, or its
caption and penalty, to be published in the official newspaper of the City of Pearland, upon
passage of such Ordinance. The Ordinance shall then become effective ten (10) days
from and after its publication, or the publication of its caption and penalty, in the official City
newspaper.
Section 8. Emergency. The Council finds and determines that the need to
regulate focused residential picketing inures to the benefit of the public and, therefore,
bears directly upon the health, safety and welfare of the citizenry; and that this Ordinance
shall be adopted as an emergency measure, and that the rule requiring this Ordinance to
be read on two (2) separate occasions be, and the same is hereby waived.
PASSED and APPROVED on First and Only Reading this the 14th day of
Apri 1 , A.D., 2003.
ATTEST:
APPROVED AS TO FORM:
. —
DARRIN M. COKER
CITY ATTORNEY
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TOM REID
MAYOR