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HomeMy WebLinkAbout6.p. Targeted Picketing Ordinance Adoption EXECUTIVE SUMMARY City Council Meeting: January 19, 2020 AGENDA SECTION: AGENDA ITEM: Targeted Picketing Ordinance Adoption Consent PREPARED BY: Mikael Dahlstrom, Chief of Police AGENDA NO. 6.p. ATTACHMENTS: Ordinance APPROVED BY: LJM RECOMMENDED ACTION: Motion to adopt the Targeted Picketing ordinance to City Code Title 7 Chapter 11. BACKGROUND Throughout 2020, City staff were involved with assisting and/or responding to a variety of events that arose in response to the death of George Floyd. These events encompassed a wide spectrum that spanned from peaceful protests to violent and destructive civil unrest; these events occurred both within the City limits and the surrounding metropolitan area. Staff continually strives to uphold the Federal and State rights of all individuals no matter how challenging or difficult the situations. As a result, staff facilitated several events and gatherings in Rosemount that provided opportunities for protected freedoms of speech and expression. Similarly, staff responded to several gatherings, incidents of civil unrest, and complaints from residents who were in fear of their safety even when in the privacy of their own home. As a result, staff believes the Targeted Picketing Ordinance helps provide a balance between rights of free speech, safety, and privacy. RECOMMENDATION Staff recommends the Council approve the adoption of the Targeted Picketing Ordinance. CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA ORDINANCE NO. ________ AN ORDINANCE ADDING TITLE 7, CHAPTER 11, OF THE CITY CODE RELATING TO AND REGULATING TARGETED PICKETING IN RESIDENTIAL NEIGHBORHOODS IN THE CITY OF ROSEMOUNT THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Title 7 of the Rosemount City Code is amended by adding the following new Chapter 11: Chapter 11 TARGETED PICKETING 7-11-1: Purpose 7-11-2: Definitions 7-11-3: Prohibited Activity 7-11-4: Violation/Penalty 7-11-1: 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. 7-11-2: DEFINITIONS: For the purpose of this Chapter, the term “targeted residential picketing” means: 1. Marching, standing or patrolling by one or more persons directed solely at a particular residential building 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 occupant or occupants. 1 7-11-3: PROHIBITED ACTIVITY: No person shall engage in targeted residential picketing within the City. 7-11-4: VIOLATION/PENALTY: Every person convicted of a violation of any provision of this Chapter shall be guilty of a misdemeanor. 7-11-5: SEVERABILITY: Should any section, clause or other provision of this Chapter be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the Chapter as a whole, or of any part thereof, other than the part held to be invalid Section 2. This ordinance shall be effective following its passage and publication. Adopted this ___ day of _______________, 2021, by the City Council of the City of Rosemount. ___________________________ William H. Droste, Mayor ATTEST: ___________________________ Erin Fasbender, City Clerk 2