Title
Report regarding introduction of an ordinance adding Chapter 10.80 to the South San Francisco Municipal Code prohibiting any person in control of a multi-unit building from preventing a candidate or representative from lawfully campaigning door-to-door. (Sky Woodruff, City Attorney and Ali Wolf, Assistant City Attorney)
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RECOMMENDATION
It is recommended that the City Council of the City of South San Francisco waive first reading and introduce an ordinance adding Chapter 10.80 of the South San Francisco Municipal Code prohibiting any person in control of a multi-unit building from preventing a candidate or representative from lawfully campaigning door-to-door.
BACKGROUND/DISCUSSION
Candidates for elective office are able to reach residents of single-family residences by going door-to-door, providing the residents with information and an opportunity to interact with candidates or their representatives to ask questions and learn more about the candidates, assisting them in making informed decisions. However, residents of multi-family housing and other housing types with restricted access are less likely to obtain the same information and to have the same opportunity for interaction with candidates and their representatives, diminishing the ability of residents of those housing types to get informed about elections.
It is in the best interest of the City of South San Francisco to ensure all City residents have access to information regarding the candidates running for office in an upcoming election. Therefore, staff recommend adoption of an ordinance that would provide registered candidates or candidate’s representatives with explicit authority to enter multi-unit buildings such as apartment buildings, condominium complexes, residential centers, and any other residential complex, for the purpose of lawfully campaigning door-to-door during an election. The proposed ordinance would prohibit any “person, landlord, or corporation who is in control of a multi-unit building” from “prevent[ing] a candidate or their representative from lawfully campaigning door-to-door at the doors to the housing units during an election.”
The proposed ordinance defines “Multi-unit Building” as any apartment building, condominium building, residential center, gated community, or any other residential complex that has more than one unit and a secure common entrance. The term “Election” is defined as any local, state, or federal election.
The ordinance would not apply to university and college residences and long-term care centers, or in a multi-unit building where active voting is taking place at that location at the same time.
The ordinance would establish that a registered candidate or candidate’s representatives may be required to present a copy of their documentation confirming their candidate registration as evidence of eligibility in order to gain access to any multi-unit building for the purpose of lawful campaigning door-to-door.
The enforcement provisions of the ordinance would establish that a violation of the ordinance would be a criminal infraction, and would also be declared a public nuisance, subject to all remedies and enforcement measures authorized by the South San Francisco Municipal Code, including, but not limited to, the issuance of an administrative citation and fine.
A person violating the ordinance for the first time would receive an educational notice.
FUNDING
This ordinance will have no financial impact.
ENVIRONMENTAL
The action of introduction and adoption of this ordinance does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further
environmental review is required.
CONCLUSION
It is recommended that the City Council of the City of South San Francisco waive first reading and introduce an ordinance adding Chapter 10.80 of the South San Francisco Municipal Code prohibiting any person in control of a multi-unit building from preventing a candidate or representative from lawfully campaigning door-to-door.