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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.
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WHEREAS, any city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws, in accordance with the California Constitution Article XI, §7;
WHEREAS, it is in the best interest of the City of South San Francisco (“City”) to ensure all City residents have access to information regarding the candidates running for office in an upcoming election; and
WHEREAS, 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. 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; and
WHEREAS, the City now desires to adopt an ordinance to 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES HEREBY ORDAIN AS FOLLOWS.
SECTION 1. Findings
The City Council finds that the foregoing recitals are true and correct and are incorporated into the Ordinance by this reference.
SECTION 2. Addition of Title 10, Chapter 80
The City Council hereby adds Title 10, Chapter 80 (“Campaigning in Multi-Unit Buildings”) to the South San Francisco Municipal Code to read as follows:
Chapter 10.80 CAMPAIGNING IN MULTI-UNIT BUILDINGS
10.80.010 Purpose.
This chapter provides registered candidates or candidate’s representatives with explicit authority to enter multi-unit buildings, as defined in this chapter, for the purpose of lawfully campaigning door-to-door during an election.
10.80.020 Definitions.
1. “Access” means entry to a multi-unit building through a secure common entrance so a registered candidate or a candidate’s representative can lawfully campaign at the entrance door of each individual residence in a multi-unit building.
2. “Election” shall include a local, state, or federal election.
3. “Landlord” means the owner, operator, superintendent, or manager of a multi-unit building.
4. “Long-term Care Center” means a complex that provides care to residents and where the residents’ rooms are considered bedrooms not front doors to separate apartments and therefore, canvasing door-to-door would be an invasion of personal space. Therefore, long-term care centers are not considered multi-unit buildings under this chapter.
5. “Multi-unit Building” means 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. University and college residences and long-term care centers are not considered multi-unit buildings under this chapter.
6. “Residential Center” means a complex that has more than one unit, a secure common entrance, and residents have their own unit with a secure front door. This could be an independent living residence for seniors but not a long-term care center.
7. “University and College Residences” means a multi-unit building owned by a university or college and operated as a residence for students. Individual university or college resident rooms are considered bedrooms not front doors to separate apartments and therefore, canvasing door-to-door would be an invasion of personal space. Therefore, university and college residences are not considered multi-unit buildings under this chapter.
10.80.020 Access to Multi-Unit Building for Lawful Campaigning - Prohibition.
(a) No person, landlord, or corporation who is in control of a multi-unit building may prevent a candidate or their representative from lawfully campaigning door-to-door at the doors to the housing units during an election.
(b) 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 to gain access to any multi-unit building for the purpose of lawful campaigning door-to-door.
(c) This chapter shall 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.
10.80.030 Violations; Penalty.
(a) Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction and, upon conviction, shall be punished as set forth in Chapter 1.24 <https://ecode360.com/43423586> of this code.
(b) Each and every violation of this chapter shall constitute a distinct and separate offense, is declared to be a public nuisance, and shall be 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 in accordance with Chapter 8.54 of this code.
(c) Each violation of this chapter shall constitute a separate violation.
(d) Any person violating any provision of this chapter, when such person has not previously been found to be violating this chapter, shall first receive an educational notice of the obligation established herein.
SECTION 3. Severability.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed the Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. Publication and Effective Date
Pursuant to the provisions of Government Code Section 36933, the City Attorney shall prepare a summary of this Ordinance. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s Office a certified copy of the full text of this Ordinance.
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