HomeMy WebLinkAboutORD 1384 ORDINANCE NO. 1384
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,
CALIFORNIA, AMENDING SECTIONS 39.02 (A), 39.03 (A) AND 39.04 OF
CHAPTER 39, TITLE III, ADMINISTRATION, OF THE BALDWIN PARK
MUNICIPAL CODE RELATING TO THE RULES OF DECORUM AT COUNCIL
MEETINGS.
WHEREAS, Section 39.02(A) and 39.03(A) of the Baldwin Park Municipal Code
establishes rules of decorum and order for the audience and speakers at City Council
Meetings and other public meetings of the City's boards, commissions, committees or
other agencies created by formal action of the City Council; and
WHEREAS, Section 39.04 of the Baldwin Park Municipal Code establishes the
enforcement of decorum at City Council Meetings and other public meetings of the
City's boards, commissions, committees or other agencies created by formal action of
the City Council; and
WHEREAS, the City Council wishes to amend Sections 39.02 (A), 39.03 (A), and
39.04 of the Baldwin Park Municipal Code to improve and clarify the rules that govern
the manner in which the public participates at its City Council Meetings; and
WHEREAS, the City Council amends Sections 39.02 (A), 39.03 (A), and 39.04 of
the Baldwin Park Municipal Code to require persons who address the City Council and
members of the audience of public meeting to do so in an orderly and respectful
manner; and
WHEREAS, the City Council amends Sections 39.02 (A), 39.03 (A), and 39.04 of
the Baldwin Park Municipal Code in an effort to foster and encourage an individual's
ability to communicate with the City Council and the community, as well as protect
public safety.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 39.02(A) of the Baldwin Park Municipal Code is hereby
amended as follows:
"§ 39.02 DECORUM AND ORDER—AUDIENCE.
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.
Each person who addresses the Council shall do so in an orderly
manner and shall not make personal, impertinent, slanderous or profane
remarks to any member of the Council, staff or general public. Any
person who makes such remarks, or who utters loud, threatening,
personal or abusive language, or engages in any other disorderly
conduct which disrupts, disturbs or otherwise impedes the orderly
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conduct of any 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 2. Section 39.03(A) of the Baldwin Park Municipal Code is hereby
amended as follows:
"§ 39.03 PUBLIC COMMENT.
A. Addressing the Council. Subject to compliance with rules of order and
decorum, members of the public have an absolute right to address the
Council at open meetings during oral communications segments of the
agenda, subject to reasonable time constraints imposed by the presiding
officer or a majority of Council members present. Consistent with the
Brown Act, speakers are limited to speaking on items presented on the
agenda and to items within the subject matter jurisdiction and authority
of the City Council and/or City. . . ."
Section 3. Section 39.04 of the Baldwin Park Municipal Code is hereby
amended as follows:
"§ 39.04 ENFORCEMENT OF DECORUM.
A. The Police Chief, or other member of the Police Department designated by
the Chief, serves as Sergeant-at-Arms of the Council and may attend
meetings at the request of the presiding officer of the meeting or the Chief
Executive Officer. The Sergeant-at-Arms will be available to serve at all
meetings immediately upon call, and will carry out all lawful orders given by
the presiding officer of the meeting or Council for the purpose of maintaining
order and decorum at meetings.
(1) Warning. The presiding officer shall request that a person who is
breaching the rules of decorum be orderly and silent. If, after receiving a
warning from the presiding officer, a person persists in disturbing the
meeting, the presiding officer shall order him or her, to leave the
Council meeting. If such person does not remove himself or herself, the
presiding officer may order any law enforcement officer who is on duty
at the meeting as sergeant-at-arms of the Council to remove that person
from the Council chambers.
(2) Removal. Any law enforcement officer who is serving as sergeant-at-
arms of the Council shall carry out all orders and instructions given by
the presiding officer for the purpose of maintaining order and decorum
at the Council meeting. Upon instruction of the presiding officer, it shall
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be the duty of the sergeant-at-arms to remove from the Council meeting
any person who is disturbing the proceedings of the Council.
(3) Resisting Removal. Any person who resists removal by the sergeant
at-arm shall be charged with a violation of this section."
Section 4. Except as expressly modified pursuant to this Ordinance, all other
provisions of Chapter 39 shall remain unmodified and in full force and effect. All
ordinances in conflict with the provisions hereof are suspended to the extent of such
conflict.
Section 5. If any section, subsection, sentence, clause, phrase or word of this
ordinance 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 portions of this ordinance. The City Council hereby declares that it would
have adopted this ordinance, and each and every section, subsection, sentence,
clause, or phrase not declared invalid or unconstitutional without regard to whether any
portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 6. This Ordinance shall go into effect thirty (30) days after final adoption.
PASSED, APPROVED AND ADOPTED ON THE 1 :t" day of March, 2016.
MANU : ' 10, MAYOR
ATTEST!
ALEiANDAVILA,
CITY CLERK
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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 March 2, 2016. Thereafter, said Ordinance No.
1384 was duly approved and adopted at a regular meeting of the City Council on March
16, 2016 by the following vote:
AYES: COUNCILMEMBER: BACA, GARCIA, LOZANO, PACHECO, RUBIO
NOES: COUNCILMEMBER: NONE
ABSENT: COUNCILMEMBER: NONE
ABSTAIN: COUNCILMEMBER: NONE
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ALEJA DRA AVILA,
CITY CLERK
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