HomeMy WebLinkAboutReso 93-2000.... RESOLUTION NO. 93-2000
A RESOLUTION OF THE CITY OF SOUTH SAN
FRANCISCO REGARDING EXPEDITED JUDICIAL
REVIEW OF SSFMC PROVISIONS AFFECTING RIGHTS
PROTECTED BY THE FIRST AMENDMENT TO THE
UNITED STATES CONSTITUTION
The City Council of the City of South San Francisco finds as follows:
On July 1, 1999, Section 1094.8 was added to the California Code of Civil
Procedure which allows expedited judicial review of a public agency's issuance,
revocation, suspension or denial of a permit or other entitlement for expressive
conduct protected by the First Amendment to the United States Constitution.
This section was adopted by the California Legislature in response to a court case
decided by the Ninth Circuit Federal Court of Appeals entitled Baby Tam v. City
of Las Vegas (9th Cir. 1998) 154 F.3d 1097. The Baby Tam case determined that a
city ordinance affecting rights protected by the First Amendment to the United
States Constitution was facially unconstitutional because it failed to provide for
prompt judicial review.
Section 1094.8 permits local governments to designate, by ordinance or
resolution, those permits or entitlements issued by the local government that
should receive expedited judicial review because such permits or entitlements
regulate expressive conduct protected by the First Amendment to the United
States Constitution.
After reviewing the South San Francisco Municipal Code ("SSFMC"), the City
Council has determined that it is in the public interest to designate particular
provisions of the SSFMC for expedited judicial review.
NOW THEREFORE, THE City Council of South San Francisco resolves as follows:
Pursuant to California Code of Civil Procedure § 1094.8(c) and any successor
statute or regulation, the following permits and entitlements of SSFMC are
designated for expedited judicial review pursuant to the procedure set forth in
California Code of Civil Procedure § 1094.8:
A. Permits issued pursuant to Chapter 6.40 entitled "Charitable Solicitations."
Permits issued pursuant to Chapter 6.80 entitled "Business of Fortune
Telling Regulated."
Permits for amplified sound issued pursuant to Chapter 8.32 entitled
"Noise Regulations."
Do
Decisions regarding the location of adult business uses pursuant to Chapter
20.10l entitled "Adult-Oriented Businesses Locational Requirements."
Eo
Decisions regarding the use of sound systems in public parks made
pursuant to Section 10.36.160 of Chapter 10.36 entitled "Public Parks."
Permits issued for adult businesses and adult performers issued pursuant to
Chapter 10.60 entitled "Adult-Oriented Businesses."
Decisions regarding signs made pursuant to Chapter 20.76 entitled "Sign
Regulations."
Ho
Permits for signs issued pursuant to Chapter 20.86 entitled "Sign Permit
Procedure."
Any other provision of this Code as it now exists or may hereinafter be
enacted as designated by the City Council by resolution as being subject to
expedited judicial review or as so designated by City Attorney in the
exercise of his or her legal judgment.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the
City Council of the City of South San Francisco at a Regular meeting held on the 26th
day of July ,2000 by the following vote:
AYES:
Councilmembers Pedro Gonzalez, Eugene R. Mullin and John R. Penna, and
Mayor Karvl Matsumoto
NOES: None.
ABSTAIN: None.
ABSENT: Mayor Pro Tem Joseph A. Fernekes
ATTEST: