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HomeMy WebLinkAbout1043ORDINANCE NO. 1043 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 5, BY ADDING A NEW CHAPTER 9 RELATING TO AND REGULATING TARGETED PICKETING IN RESIDENTIAL NEIGHBORHOODS IN THE CITY OF LAKEVILL WHEREAS, the City Council finds that targeted residential picketing in front of or about a residential dwelling causes emotional distress to the dwelling occupants, obstructs and interferes with the free use of public rights-of-way and has as its object the harassment of the dwelling occupants; and, WHEREAS, the City Council further finds that, without resorting to targeted residential picketing, ample opportunities exist for those otherwise engaged in targeted residential picketing to exercise constitutionally protected freedom of speech and expression; and, WHEREAS, the protection and preservation of the home is the keystone of democratic government; the public health and welfare and the good order of the community require that members of the community enjoy, in their homes and dwellings, a feeling of wellbeing, tranquility and privacy and, when absent from their homes and dwellings, carry with them the sense of security inherent in the assurance that they may return to the enjoyment of their homes and dwellings; the practice of picketing before or about residences and dwellings causes emotional disturbance and distress to the occupants, obstructs and interferes with the free use of public sidewalks and public ways of travel; such practice has as its object the harassing of such occupants and, without resort to such practice, full opportunity exists, and under the terms and provisions of this section, will continue to exist for the exercise of freedom of speech and their constitutional rights; and that the provisions hereinafter enacted are necessary for the public interest to avoid the detrimental results herein set forth. THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Title 5 of the Lakeville City Code is hereby amended to add a new Chapter 9 to read as follows: CHAPTER 9 TARGETED RESIDENTIAL PICKETING SECTION: 5-9-1: Defmitions 5-9-2: Purpose 5-9-3: Prohibited Activity 213686v2 5-9-4: Violation/Penalty 5-9-5: Severability 5-9-1: DEFINITIONS: 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 occupants. 5-9-2: PURPOSE: The City has interest in the protection of residential privacy, the wellbeing and tranquility of the home. 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. 5-9-3: PROHIBITED ACTIVITY: No person shall engage in targeted residential picketing within the City. 5-94: VIOLATION/PENALTY: Every person convicted of a violation of any provision of this Chapter shall be guilty of a misdemeanor. 5-9-5: SEVERABILITY: Should any section, subdivision, 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 immediately upon its passage and publication. 2 213686v2 ADOPTED this 3rd day of May 2021 by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE BY: Douglas P. derson, Mayor ATTEST: Charlene Friedges, City 3 213686v2 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF DAKOTA Diane Erickson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspapers) known as: STW Lakeville with the known office of issue being located in the county of. DAKOTA with additional circulation in the counties of SCOTT and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 05/07/2021 and the last insertion being on 05/07/2021. MORTGAGE FORECLOSURE NOTICES Puramt to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Lame_ L".,L, Designated Agent Subscribed and sworn to or affirmed before me on 05/07/2021 by Diane Erickson. Notary Public IOTARY PUBLIC - MWOM My W1111111lilldh EiOU JhR 31, 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $27.40 per column inch Ad ID 1136565 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ORDINANCE NO.1043 AN ORDINANCE AMENDING TITLE 5, BY ADDING ANEW CHAPTER 9 RELATING TO AND REGULATING TARGETED PICKETING IN RESIDENTIAL NEIGHBORHOODS IN THE CITY OF LAKEVILLE WHEREAS, the City Council finds that targeted residential pick- eting in front of or about a resi- dential dwelling causes ennotbnrel distress to the dwelling occupants, obstructs and interferes with the free use of public rights-of-way and has as its object the harassment of the dwelling occupants; and, WHEREAS, the City Council further finds that, without resorting to targeted residential picketing, ample opportunities exist for those otherwise engaged in targeted res- idential picketing to exercise con- stitutionally protected freedom of speech and expression; and, WHEREAS, the protection and preservation of the hone is the key- stone of democratic government the public health and welfare and the good order of the community require that members of the com- munity enjoy, In their homes and dwellings, a feeling of welbeing, tranquility and privacy and, when absent from their hones and dwel- Inge, carry with them the sense of security Inherent in the -assurance that they may return to the enjoy- ment of their homes and dwellings; the practice of picketing before or about residences and dwellings causes emotional disturbance and distress to the occupants, ob- structs and interferes with the free use of public sidewalks and public ways of travel; such practice has as its object the harassing of such occupants and, without resort to such practice, full oppty ex- ists, and under the terms and pro- visions of this section, will continue to exist for the exercise of freedom of speech and their constitution- al rights; and that the provisions hereinafter enacted are necessary for the public interest to avoid the detrimental results herein set forth. THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESO- TA ORDAINS: SECTION 1. Title 5 of the Lakeville City Code is hereby amended to add a new Chapter 9 to read as follows: CHAPTER 9 TARGETED RESIDENTIAL PICKETING SECTION: 541-1: Definitions 549-2: Purpose 5-9-3: Prohibited ActMty 54141: ViclatbNPsnalty 541.6: saverebift 5.9-1: DEFINITIONS: TARGETED RESIDENTIAL PICKETING: means (1) Marching, standing, or pe - trolling by one or more persons directed solely at a particular res- idential building in a manner that adversely affects the safety, securi- ty, or privacy of an occupant of the buldiing; or (2) Marching, standing, or pe - trolling by one or more persons which prevents an occupant of a residential building from gaining access to or exiting from the prop- erty on which the residential build - Ing is located: or (3) Standing, marching, pa- trolling or picketing by one or mora persons focused In front of or ad- jacent to a particular residential dwelling without the consent of that dwelling's occupants. S-9-2• PURPOSE The Clay has Interest In the protection of residential privacy, the welbeing and tranquility of the home. The City Council finds that, without resorting to targeted residential picketing, ample oppor- tunities exist for those otherwise engaged In targeted residential picketing to exercise constitu lon- aily protected freedom of speech and expression. 5.9,'!k PROFMBITEDACTNITY: No person shall engage in tar- geted residential picketing within the City. 5-9-4:1HOLATIO WPENALTY Every person convicted of a violation of any provision of this Chapter shall be gully of a misde- nroanor. 5-9-5: SEVERABILITIF Should any section, subdivision, clause or other provision of this Chapter be told to be invalid by any court of competent Jurisdiction, such decision shall riot affect the validity of the Chapter as a whole, or of any part thereof, other than the part hold to be Invalid. SECTION 2 This ordinance shall be effective Immediately upon its passage and pubboatiom ADOPTED this 3fd day of May 2021 by the City Council of the City of Lakeville, Minnesota CITY OF LAKEVILLE BY: Douglas P. Anderson Mayor ATTEST: Charlene Friedges City Clerk Published in the Sun Thisweek May 7, 2021 113&555