By Lauren McSherry

Former mayors Marge Bruno and Roy Lave aren’t happy about Los Altos’ newest ordinance.

Members of the public who speak out of turn, over their time limit or are disruptive can be slapped with jail time or up to a $1,000 fine. And displays such as clapping, stomping, loud talking, hissing and booing are prohibited.

Bruno and Lave assert the ordinance goes against the democratic process.

“I wouldn’t be surprised if this is a violation of the First Amendment,” Bruno said. “People have a right to be heard, even when you’ve heard it lots of times before and you don’t want to hear it. If you don’t think you can deal with it, then you shouldn’t run for council.”

Councilman Ron Packard, who voted for the ordinance, said the ordinance does not hinder anyone’s First Amendment rights.

“It seemed prudent to have some provision if something gets out of hand,” he said. “I would be opposed if it infringed on (the public’s) ability to speak and it doesn’t.”

Other cities are experiencing a problem, and it seemed a good idea to have something in place if the council is faced with disorderly conduct, he said, adding, “The public by and large have been very educated and professional.”

Lave doubted the ordinance would bring about a change in decorum, even though the mayor can order a resident removed from a meeting and bar him or her from future meetings.

“We have an issue in town with some uncivil behavior, but I don’t think its something that can be affected by legislation,” he said. “Legislation avoids dealing with it as an interpersonal matter. Rather than passing an ordinance, it might be better for the mayor to sit down with folks who haven’t been behaving and have a chat.”

Asked whether the misdemeanor charge takes things too far and whether a small fine might have been more appropriate, Packard said, “I left that to the city attorney - either would have been fine with me.”

Bruno called the possibility of a misdemeanor charge “extreme.”

“Just being removed, that’s humiliating enough,” she said. “It’s too heavy handed.”

Los Altos Hills has a similar ordinance whereby a disorderly person can be barred from meetings for “making impertinent, slanderous, or profane remarks,” according to municipal code. A member of the audience can be arrested and charged with a misdemeanor for similar behavior, including whistling, using profanities and yelling.