ATTACHMENT 2-1
Eff.: ORDINANCE NO.________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BURBANK AMENDING TITLE 5 (POLICE AND PUBLIC
SAFETY) CHAPTER 3, ARTICLE 3 OF THE BURBANK
MUNICIPAL CODE ESTABLISHING A PROHIBITION ON
CARRYING OR POSSESSING SPECIFIED ITEMS WHILE
ATTENDING OR PARTICIPATING IN ANY PUBLIC
DEMONSTRATION, RALLY, PROTEST, PICKET LINE OR
PUBLIC ASSEMBLY
City Attorney’s Synopsis
This ordinance amends § 5-3-301 of the Burbank Municipal Code by establishing a prohibition on carrying or possessing specified items while attending or participating in any public demonstration, rally, protest, picket line or public assembly
THE COUNCIL OF THE CITY OF BURBANK FINDS:
A. In recent years, the increase in public demonstrations and protests, along with incidents of violence and vandalism, has led several neighboring cities to adopt ordinances that regulate or prohibit the possession of weapons or items that could easily be weaponized. These ordinances seek to establish clear boundaries for lawful Fi rst Amendment activities while prioritizing public safety by restricting the possession of items that could be used as weapons.
B. The City of Burbank has minimal restrictions on items allowed at protests or demonstrations. Any legally possessed and carried item is permitted at such events. This lack of regulation poses significant challenges for the Burbank Police Department , as action can only be taken when a weapon or potentially dangerous item is brandished in a threatening manner or used unlawfully. This reactive approach compromises public safety and may lead to increased violence before officers can intervene effectively.
C. Adopting an updated ordinance would enable the Burbank Police Department to take proactive measures, such as educating the public on allowable items, installing signage in demonstration areas, and monitoring participants for prohibited items upon entry. If prohibited items are identified during a demonstration, offic ers would have the authority to intervene and remove these items or individuals before tensions escalate into violence. These proactive steps are critical to ensuring public safety during demonstrations and protests.
D. This amendment prioritizes public safety while upholding First Amendment rights.
ATTACHMENT 2-2
E. City council therefore desires to amend the Burbank Municipal Code to prohibit the carrying or possessing of specified items while attending or participating in any public demonstration, rally, protest, picket line or public assembly.
THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
1. Burbank Municipal Code Title 5, Chapter 3, Article 3, Division 4, amended and restated to read as follows:
“5-3-301: PROHIBITION ON CARRYING OR POSSESSING SPECIFIED
ITEMS WHILE ATTENDING OR PARTICIPATING IN ANY PUBLIC
DEMONSTRATION, RALLY, PROTEST, PICKET LINE OR PUBLIC ASSEMBLY
(A) No person shall carry or possess the following items or articles while attending or participating in any demonstration, rally, protest, picket line or public assembly:
1. Any length of lumber, wood, or wood lath unless that object is 1/4 inch or less in thickness and 2 inches or less in width, or if not generally rectangular in shape, such object shall not exceed 3/4 inch in its thickest dimension. Both ends of the lumber, wood or wood lath shall be blunt;
2. Any length of metal or plastic pipe, whether hollow or solid; provided, however, that hollow plastic piping not exceeding 3/4 inch in its thickest dimension and not exceeding 1/8 inch in wall thickness, and not filled with any material, liquid, gas or solid may be used solely to support a sign, banner, placard, puppet or other similar expressive display. Both ends of any plastic pipe permissible under this subsection shall be blunt;
3. Signs, posters, banners, plaques or notices, whether or not mounted on a length of material permitted under Subdivisions 1. and 2. of this section, unless such sign, poster, banner, plaque or notice is constructed solely of soft material, such as cloth, paper, soft plastic capable of being rolled or folded, or cardboard material no greater than 1/4 inch in thickness;
4. Baseball or softball bats, regardless of composition or size; provided, however, that such items are permissible when configured of cloth, cardboard, soft plastic, foam or paper for expressive purposes;
5. Any aerosol spray, tear gas, mace, pepper spray or bear repellent;
6. Any projectile launcher or other device, such as a catapult or wrist rocket, which is commonly used for the purpose of launching, hurling or throwing any object, liquid, material or other substance, whether through force of air pressure, spring action or any other mechanism;
ATTACHMENT 2-3
7. Weapons such as firearms, knives, swords, sabers or other bladed devices, axes, hatchets, ice picks, razor blades, nunchucks or martial arts weapons of any kind, box cutters, pellet or BB guns, conducted electrical weapons, including, but not limited to, T asers or stun guns, metal/composite/ wooden knuckles, or any chain greater than 20 inches in length or greater than 1/4 inch in diameter. This subsection also includes toy or replica firearms unless such toy or replica is florescent colored or transparent;
8. Balloons, bottles or any other container such as water cannons or super - soakers, filled with any flammable, biohazard or other noxious matter which is injurious, or nauseous, sickening or irritating to any of the senses;
9. Glass bottles, whether empty or filled;
10. Open flame torches, lanterns or other devices that utilize combustible materials such as gasoline, kerosene, propane or other fuel sources;
11. Shields made of metal, wood, hard plastic or any combination thereof;
12. Bricks, rocks, pieces of asphalt, concrete, pellets or ball bearings; and/or
13. Laser pointers or laser-style devices emitting any color beam, milliwatt output level, intensity class level or any visibility level, including infrared, or nonvisible.
(B) When feasible, excluding exigent circumstances, a warning shall be issued before enforcement of the provisions of this section. Such warning shall be sufficient if provided orally, by posted signs or by amplified announcement.
(C) Authorized peace officers, or employees, agents or representatives of the City, shall be exempt from the provisions of this section when such officers, employees, agents or representatives of the City are engaged in official business of the City.
(D) Nothing in this section shall prohibit an individual from carrying a cane or using a walker or other device necessary for providing mobility so that the person may participate in a public protest, demonstration, rally, picket line or public assembly. Further, nothing in this section shall prohibit the imposition of specific conditions for activities expressly authorized under permit issued by the City of Burbank.
(E) If any provision of this Ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end each phrase, section, sentence, or word is declared to be severable.”
ATTACHMENT 2-4
2. This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption.
PASSED AND ADOPTED this ____ day of ________, 2024.
__________________________
Nick Schultz
Mayor
Approved as to Form
Attest: Office of the City Attorney
_____________________________ By:________________________ Kimberley Clark, City Clerk Ray Johal Senior Assistant City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. __________ was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the ____ day of ______, 2024, by the following vote:
AYES:
NOES:
ABSENT:
I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Burbank, California within 14 days following the Ordinance’s adoption on _______________, 2024.
______________________________
Kimberley Clark, City Clerk