Chapter 1.28
DISRUPTION OF PUBLIC MEETINGS
Sections:
1.28.010 General prohibition.
No person(s) or group(s) shall be allowed to disrupt a public meeting of the city council, or of any city commission, board or committee. (Ord. 291 § 2, 2004)
1.28.020 Definitions.
A. “Disrupt a public meeting” or “disruptive conduct” shall mean and include addressing the council, commission, board or committee without first being recognized; not addressing the subject before the council, commission, board or committee; repetitiously addressing the same subject; shouting at or threatening the members of the council, commission, board or committee in a manner which makes it difficult or impossible to maintain decorum, or which places the member(s) of the council, board or commission in fear for their lives or safety or for the lives or safety of other persons in attendance at the meeting; failing to relinquish the podium when requested to do so; or otherwise preventing the council, commission, board or committee from conducting its meeting in an orderly manner, as determined by the presiding officer of the council, commission, board or committee, or by a majority of the members thereof.
B. “Sergeant at arms” for a public meeting shall mean the city manager or his designee at any meeting of the city council, and the department head assigned to attend any public meeting of a commission, board or committee.
C. “Willful disruption” of a public meeting shall mean persistent disruptive conduct, after a verbal warning has been issued by the officer presiding over the meeting; or conduct which is violent and which immediately jeopardizes the public health and safety. (Ord. 291 § 2, 2004)
1.28.030 Procedure.
A. In the event that any meeting of the city council, or of any city commission, board or committee, is willfully disrupted by a person or by a group or groups of persons so as to render the orderly conduct of the meeting impossible, the officer presiding at the meeting may recess the meeting or order the person, group or groups of persons wilfully disrupting the meeting to leave the meeting or be removed from the meeting.
B. In the event that an individual or group of individuals violates the limits of permissible conduct during a public meeting in a manner determined by the presiding officer to constitute disruptive conduct, the presiding officer of the meeting may issue a verbal warning. If the individual or group refuses to adhere to the direction of the presiding officer, the presiding officer may direct the sergeant at arms to summon a law enforcement deputy and to request that the law enforcement deputy remove the individual or individuals from the meeting room for disrupting a public meeting.
C. When the presiding officer of a public meeting determines that unlawful disruption of a public meeting has occurred or is occurring, and when so requested by the sergeant at arms for the meeting, upon his or her confirmation that such disruption of the public meeting has occurred or is occurring, the law enforcement deputy should approach the individual or group of individuals and instruct the person(s) to leave immediately or be subject to arrest.
D. Any person who is requested to leave the meeting and does so without being physically removed should not be arrested, so long as he/she does not return to that meeting and unless other unlawful conduct is involved. Any person who is requested to leave the meeting and refuses to do so voluntarily, so that physical force is required to remove the individual from the meeting, may be placed under arrest and charged with a violation of Penal Code Section 403 (Disturbing a Public Meeting) and/or Penal Code Section 148 (Obstructing a Peace Officer). (Ord. 291 § 2, 2004)