Rancho Santa Margarita Municipal Code Ch. 2.07 Public Meeting Decorum

Footnotes:

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Editor's note— Section 5 of Ord. No. 19-05, adopted Oct. 23, 2019, states that Chapter 2.07 shall take effect on the 31st day following its adoption.

(a) Any person who engages in disorderly behavior that actually disrupts, disturbs, or otherwise impedes the orderly conduct of any City Council or Planning Commission meeting shall, upon an order by the presiding officer, law enforcement, or a majority of the respective body, be ejected and barred from further audience before the City Council or Planning Commission during that meeting, pursuant to Section 2.07.020 below.

(b) Disorderly behavior under subsection (a) may include, but is not limited to, the following:

(1) Speaking without being recognized by the presiding officer;

(2) Continuing to speak after the allotted time has expired;

(3) Speaking on an item at a time not designated for discussion by the public on that item;

(4) Throwing objects;

(5) Speaking on an issue that is not within the subject matter jurisdiction of the respective body;

(6) Attempting to engage the audience rather than the City Council or Planning Commission; and/or

(7) Refusing to modify conduct after being advised by the presiding officer or law enforcement that the disorderly behavior is actually disrupting, disturbing, or otherwise impeding the meeting, or disobeying any other lawful order of the presiding officer, law enforcement, or a majority of the City Council or Planning Commission.

(Ord. No. 19-05, § 2, 10-23-2019)

Section 2.07.010 shall be enforced in the following manner:

(1) Call to order and warning to desist. Whenever practicable, the presiding officer, law enforcement, or a majority of the City Council or Planning Commission shall give a warning to the person who is breaching the rules of conduct to immediately cease such disruptive behavior. Such a warning should articulate the rule of conduct being violated and the manner in which the person must comply.

A warning shall not be necessary when it would not be effective under the circumstances, including when, but not limited to, the disturbance is such that the warning cannot be heard above the noise, or the conduct of the person or persons constitutes an immediate threat to public safety, such as throwing of objects or specific threats of harm and the apparent, present ability to carry out such threats. A warning shall also not be necessary when an individual violates the rules of conduct more than once during a single City Council or Planning Commission meeting.

(2) Order ejecting and barring person from meeting. A person who engages in disorderly behavior shall be ejected and barred from the remainder of that public meeting and directed to leave by the presiding officer, law enforcement, or a majority of the City Council or Planning Commission when that person:

a. Continues the disorderly behavior after receiving a warning pursuant to subsection (a);

b. Ceases the disorderly behavior upon receiving a warning pursuant to subsection (a), but later during the same public meeting resumes such disorderly behavior; or

c. Engages in disorderly behavior and no warning is necessary under the circumstances, pursuant to subsection (a).

(3) Removal. If the person ejected and barred from the public meeting does not voluntarily remove him/herself from the public meeting upon being instructed to do so by the presiding officer, law enforcement, or a majority of the City Council or Planning Commission, then law enforcement may remove that person from the public meeting.

(Ord. No. 19-05, § 2, 10-23-2019)

The following conduct shall be unlawful and shall be punishable as a misdemeanor:

(1) Continuing to engage in disorderly behavior that actually disrupts, disturbs, or otherwise impedes the orderly conduct of any City Council or Planning Commission meeting after receiving a warning to desist, as warranted, pursuant to subsection 2.07.020(a).

(2) Refusing to leave a City Council or Planning Commission meeting after being ejected and barred and directed to leave pursuant to subsection 2.07.020(b).

(3) Returning to a City Council or Planning Commission meeting after being ejected and barred from such meeting pursuant to subsections 2.07.020(b) and (c).

(Ord. No. 19-05, § 2, 10-23-2019)