Chapter 8.22
HATE LITTER
Sections:
8.22.030 Unlawful hate littering.
8.22.040 Public nuisance declared.
8.22.050 City Manager administrative authority.
8.22.060 Violations, penalties, and enforcement.
8.22.010 Purpose and intent.
Hate speech and hate-containing writings against anyone based on a characteristic or perceived characteristic which is protected by State or Federal law have no place in the City of Poway. Such hate speech and hate-containing writings prevent people from comfortably moving to and from their homes and throughout the City of Poway out of fear for violence. Such target activities are a threat to the health, safety, and welfare of the community. This chapter shall be interpreted in a manner that is consistent with applicable State and Federal law. (Ord. 863 § 4 (Exh. 1), 2023)
8.22.020 Definitions.
For purposes of this chapter, the words and phrases in this chapter shall have the following meanings, except where the context clearly indicates a different meaning:
“Dump” means to dump, throw, discard, place, deposit, or dispose of.
“Harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.
“Public area” means all property that is owned, managed or maintained by the City, and shall include, but not be limited to, any public street, building, grounds, lot, parcel, park, plaza or parking lot dedicated to the authorized use and enjoyment of the public, and any other public property owned, maintained or controlled by another government agency within the City where the City is authorized to enforce its police powers as described herein.
“Public street” includes but is not limited to any City right-of-way, street, road, highway, alley, sidewalk, parkway, bridge, culvert, drain, and all other facilities or areas necessary for the construction, improvement, and maintenance of streets and roads.
“Sidewalk” means that portion of the public right-of-way provided for the primary use of pedestrians along or adjacent to a street. (Ord. 863 § 4 (Exh. 1), 2023)
8.22.030 Unlawful hate littering.
A. Unlawful Hate Littering. It shall be unlawful and a public nuisance for any person to distribute or dump pamphlets, flyers, or other materials, whether for commercial or noncommercial purposes, in a public area, including outside a private residence, with the intent to willfully injure, intimidate, interfere with, oppress, harass, or threaten anyone based on a characteristic or perceived characteristic which is protected by State or Federal law, including race, religion, color, sex, gender, gender identity, gender expression, marital status, medical condition, military or veteran status, national origin, ancestry, physical or mental disability, genetic information, sexual orientation, and age. Such distribution or dumping shall be deemed “hate littering.”
B. Exception. This section shall not apply to any activity protected under the Constitution of the United States and the Constitution of the State of California. (Ord. 863 § 4 (Exh. 1), 2023)
8.22.040 Public nuisance declared.
Any hate littering established in violation of this chapter is declared to be a public nuisance, and the City is authorized to abate the nuisance and remove hate litter as authorized by law. (Ord. 863 § 4 (Exh. 1), 2023)
8.22.050 City Manager administrative authority.
The City Manager or his or her designee may develop and adopt administrative regulations that are consistent with the terms and prohibitions of this chapter. This shall include all policies and procedures for the abatement of hate litter, including the policies and procedures for ensuring safe and prompt removal of the nuisance. (Ord. 863 § 4 (Exh. 1), 2023)
8.22.060 Violations, penalties, and enforcement.
Any person who violates this chapter is guilty of a misdemeanor and punishable by a fine of not more than $1,000 and/or imprisonment not to exceed six months. This chapter may also be enforced via administrative or civil actions as authorized by the municipal code. (Ord. 863 § 4 (Exh. 1), 2023)