My WebLink
|
Help
|
About
|
Sign Out
02
City of Pleasanton
>
CITY CLERK
>
AGENDA PACKETS
>
2018
>
050118
>
02
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
4/25/2018 4:17:22 PM
Creation date
4/25/2018 4:17:20 PM
Metadata
Fields
Template:
CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
5/1/2018
DESTRUCT DATE
15Y
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
14
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
California Constitution but instead desires to enact reasonable content-neutral time, place and <br /> manner regulations that address the need to prevent dangerous and hazardous situations from <br /> arising and to promote pedestrian, bicyclists, and vehicular safety as well as the welfare and <br /> safety of the public using the City's public right-of-ways. <br /> Q. The City Council in enacting this Ordinance does hereby take legislative notice of <br /> the various decisions regarding content-neutrality, regulation of activity in the public right-of-ways, <br /> such as streets and medians, regulation of nonpublic fora, and regulation of activity on private <br /> property, including but not limited to the following: Reed v. Town of Gilbert, 135 S.Ct. 2218(2015) <br /> [regulations are content based if they apply to particular speech because of the topic discussed <br /> or the idea or message expressed]; Cutting v. City of Portland, 802 F.3d 79 (1st Cir. 2015) <br /> [prohibition against standing on medians was content-neutral but was overbroad as it applied to <br /> all medians regardless of size or location]; Norton v. City of Springfield, 806 F.3d 411 (7th Cir. <br /> 2015) [finding that in the wake of Reed regulations restricting the oral request for an immediate <br /> donation of money was content-based]; The Contributor v. City of Brentwood, 726 F.3d 861 (6th <br /> Cir. 2013) [prohibition against solicitation from occupants of vehicles was constitutional as <br /> solicitors' audience was general public and this audience could be reached through alternative <br /> channels of communication]; Houston Chronicle v. City of League City, 488 F.3d 613 (5th Cir. <br /> 2007) [prohibition on soliciting or selling material to the occupant of cars stopped in obedience to <br /> traffic lights was constitutional as it was narrowly tailored to the most congested locations with the <br /> highest traffic and safety concerns]; Comite de Jornaleros de Redondo Beach v. City of Redondo <br /> Beach, 657 F.3d 936 (9th Cir. 2011) [prohibition against solicitation on streets and highways was <br /> geographically over-inclusive]; Berger v. City of Seattle, 569 F.3d 1029 (9th Cir. 2009) [finding <br /> certain solicitation regulations for public park content-based and not narrowly tailored]; Perry <br /> Educ. Ass'n v. Perry Local Educators'Ass'n, 460 U.S. 37 (1983) [nonpublic forum is a place that <br /> does not, by tradition or designation, serve as a forum for public communication and thus content- <br /> based restrictions in nonpublic fora need only be "reasonable and viewpoint neutral"]; United <br /> States v. Kokinda, 497 U.S. 720 (1990) [finding that postal sidewalk was not a traditional public <br /> forum and that regulations met with the reasonableness test for a nonpublic forum]. <br /> R. The City Council recognizes the free speech rights of those engaged in solicitation <br /> and panhandling. At the same time, the City Council always strives to take necessary steps to <br /> protect the health and safety of the motorists, bicyclists and pedestrians who use the City's public <br /> right-of-ways and to insure their safety. This ordinance is the least restrictive means to achieve <br /> the City's important interest in accomplishing these traffic safety goals. <br /> S. The ordinance applies to all forms of activities that result in lingering and loitering <br /> regardless of the speech involved, including leafleting, vending, performing, panhandling, <br /> soliciting, and campaigning. <br /> T. These restrictions are content-neutral and are narrowly tailored to serve a <br /> significant governmental interest, but still provide alternative avenues of communication. The <br /> reasonable time, place, and manner restrictions of these regulations avoid the negative effects of <br /> lingering or loitering on narrow medians and on medians and corner islands in high-volume <br /> intersections without targeting the message or topic of speech and also allow ample alternative <br /> means of communicating including on sidewalks, public parks, and at other public forms. <br /> Page 3 <br />
The URL can be used to link to this page
Your browser does not support the video tag.