HomeMy WebLinkAboutORD 1358 ORDINANCE NO. 1358
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK AMENDING SECTIONS 39.01, 39.02 AND
39.03 OF THE BALDWIN PARK MUNICIPAL CODE
RELATING TO DECORUM AT CITY COUNCIL MEETINGS
WHEREAS, Chapter 39 of the Baldwin Park Municipal Code (BPMC) governs
the conduct of the City Council, staff and members of the public at City Council
meetings and prohibits certain conduct including impertinent remarks or behavior that
is rude, demeaning and unprofessional; and
WHEREAS, in Acosta v. City of Costa Mesa (2013) No. 10-56854, 2013
U.S.App.LEXIS 9066 (on rehearing of Acosta v. City of Costa Mesa (2012) 694 F.3d
960), the Court invalidated the City of Costa Mesa's decorum ordinance to the extent
that it prohibited conduct or behavior that was not disruptive and therefore in violation
of the First Amendment; and
WHEREAS, the City Council desires to amend Sections 39.01, 39.02 and
39.03 of the BPMC to remove references to behavior or conduct that is not disruptive
in accordance with the First Amendment and the Court's ruling in Acosta v. City of
Costa Mesa.
NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby
ordain as follows:
SECTION 1. Subsection (B) of Section 39.01 of the Baldwin Park Municipal
Code shall read in its entirety as follows:
(B) While the Council is in session, the Council members and city staff
shall preserve appropriate order and decorum. No person, by
conversation or otherwise, shall delay or interrupt the proceedings or the
peace of the Council, disturb any speaker, or refuse to obey the directives
of the presiding officer of the meeting. All persons must refrain from
boisterous, profane or abusive behavior which disrupts, disturbs or
otherwise impedes the orderly conduct of the Council meeting.
SECTION 2._Subsection (A) of Section 39.02 of the Baldwin Park Municipal
Code shall read in its entirety as follows:
(A) Members of the public attending Council meetings must observe the
same rules of order and decorum applicable to the Council members and
city staff. No person shall make any slanderous or profane remarks or
become boisterous, abusive, disruptive, or profane while attending the
Council meeting. Any person who makes such remarks or engages in any
other disorderly conduct which disrupts, disturbs or otherwise impedes the
Ordinance 1358 - Page 2
orderly conduct of the Council meeting shall, at the discretion of the
presiding officer or a majority of the Council, be barred from further
audience before the Council during that meeting. Unauthorized remarks
from the audience, heckling, stamping of feet, whistles, yells, applause,
and similar demonstrations which disrupt, disturb or otherwise impede the
orderly conduct of the Council meeting should not be permitted by the
presiding officer of the meeting.
SECTION 3. Subsection (B)(2) of Section 39.03 of the Baldwin Park Municipal
Code shall read in its entirety as follows:
(2) Comments should be fundamentally impersonal: the subject of the
debate is the issue, not any of its proponents or opponents. A motion and
its consequences may be attacked vigorously, but speakers should not
attack the motives, character, or personality of a member, speaker, or any
other person, either directly or by implication or innuendo, improper
language, irrelevancy, dilatory tactics, or disorderly conduct, including, but
not limited to, use of signs or other means to disrupt the meeting.
Notwithstanding the foregoing, no speaker will be censured or prohibited
from speaking based upon the content of his or her remarks, but may be
removed from the meeting if the presiding officer of the meeting or a
majority of the Council members determines the speaker is out of order
pursuant to this chapter, and the speaker's conduct is disrupting,
disturbing or otherwise impeding the orderly conduct of the Council
meeting.
SECTION 4. This ordinance shall go into affect and be in full force and
operation from and after thirty (30) days after its final reading and adoption.
PASSED AND APPROVED ON THE 19th i ay o un- 201 ..
SAPV
MANU NO, MAYOR
ATTEST:
ALEJA I A ICIILA,
CITY CLERK
Ordinance 1358 - Page 3
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) ss:
CITY OF BALDWIN PARK )
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that
the foregoing ordinance was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on June 5, 2013. Thereafter, said Ordinance No.
1358 was duly approved and adopted at a regular meeting of the City Council on June
19, 2013 by the following vote:
AYES: COUNCILMEMBER: Marlen Garcia, Mayor Pro Tem Monica Garcia,
Mayor Manuel Lozano, Ricardo Pacheco, Susan Rubio
NOES: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
/i
ALEJ R AVILA,
CITY CLERK