Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Chapter 12.40 TARGETED RESIDENTIAL PICKETING
12.40.010 Findings and purpose.
12.40.010 Findings and purpose.
A. The City finds and determines that:
1. The practice of targeted residential picketing has the potential to incite breaches of the peace and may negatively affect the safety of the residents of those areas in which the targeted residential picketing occurs;
2. Many opportunities exist for individuals to exercise their important free speech rights in the City and communicate their message without resorting to targeted residential picketing, such as picketing in front of City Hall and other government buildings, picketing on sidewalks in commercial areas, picketing in public parks and open space, residential solicitation, canvassing, and proselytizing;
3. Targeted residential picketing harasses and intimidates the residents of the targeted homes, their neighbors and their guests, rendering them captive audiences, causing them emotional distress and making them fearful of going outside and enjoying the neighborhood;
4. Targeted residential picketing is inherently and unreasonably offensive to and intrusive upon residents' rights to privacy in their homes;
5. Targeted residential picketing is especially harmful and unreasonable, because it forces the residents of the targeted home and their neighbors into the role of a captive audience for the message of the picketers while the residents and neighbors are in their private homes, a location in which the residents and their neighbors have the highest constitutional interest in being free from unwanted intrusions;
6. The U.S. Supreme Court has expressly recognized the particularly harmful effects of targeted residential picketing on captive audiences in Frisby v. Schultz, 487 U.S. 474, 486 (1988), and the Colorado Supreme Court has expressly recognized the particularly intrusive nature of speech to captive audiences in Veterans of Foreign Wars, Post 4264 v. City of Steamboat Springs, 575 P.2d 835, 841 (Colo. 1978);
7. Targeted residential picketing that occurs after dark or early in the morning increases the intrusion on the privacy and sanctity of the home, is particularly harassing and intimidating, and increases the potential for breaches of the peace;
8. Picketers' interests in conducting targeted residential picketing after dark is greatly reduced, because the signs held by picketers are less visible, the picketers themselves are less visible, and the communicative value of the picketing activity is significantly diminished;
9. Unlike residential solicitation, in which individuals use the sidewalks, streets, and public rights-of-way temporarily to access private residences, individuals conducting targeted picketing remain on the sidewalks, streets and public rights-of-way, which after dark results in a substantially heightened risk of traffic conflicts between picketers and vehicles on the streets;
10. The carrying of signs of a certain size on sidewalks, streets and public rights-of-way in residential areas would block or inhibit the free movement of individuals on such sidewalks, streets and public rights-of-way; and
11. This Chapter, which imposes reasonable time, place and manner restrictions on the practice of targeted residential picketing, is the least intrusive method for the City to prevent the substantial negative effects of targeted residential picketing.
B. Based on the foregoing findings, the purpose of this Chapter is to protect and preserve the sanctity of the home and residents' privacy rights in their homes, including allowing citizens to enjoy in their homes and neighborhoods a feeling of well-being, tranquility, and privacy, without suppressing free speech rights or any particular viewpoint. (Ord. 2007-39 § 1)
For purposes of this Chapter, the following terms shall have the following meanings:
1. "Residence" means any single-family or multi-family dwelling unit that is not being used as any occupant's sole place of business or as a place for public meeting.
2. "Residential area" means any area in which residential uses are permitted under Title 15 of this Code.
3. "Targeted residential picketing" means picketing, with or without signs, that is specifically directed towards a residence, or one or more occupants of the residence, and which takes place on that portion of a sidewalk, street, or public right-of-way in front of the residence, in front of an adjoining residence, or on either side of the residence. (Ord. 2007-39 § 1)
A. It is unlawful for any person to engage in targeted residential picketing before 7:00 a.m. or after the earlier of 7:00 p.m. or sunset, as announced and published by the National Weather Service, daily.
B. It is unlawful for any person to engage in targeted residential picketing, except when such person is engaging in targeted residential picketing while marching, without stopping in front of a residence, over a route that proceeds along the entire one-way length of at least one block of a street. For purposes of this Section 12.40.030(B), "one block of a street" shall be defined as 660 linear feet, oneway, of a street or combination of streets (including the adjacent sidewalks), and shall be measured by reference to the centerline of the street(s) along the route being marched.
C. It is unlawful for any person to hold, carry or otherwise display on his or her person a sign, while on a street, sidewalk, or public right-of-way in a residential area, that does not comply with the following restrictions, except that such restrictions shall not apply to a person carrying a sign temporarily while transporting it between such person's residence or business and a vehicle:
1. The sign shall not exceed two feet (2') in width and three (3) square feet in total area; and
2. No person shall carry, hold or otherwise display more than one sign. (Ord. 2008-04 § 2; Ord. 2007-39 § 1)
A. Before a person may be charged with a first offense of a violation of this Section, the person shall have been ordered by a law enforcement official on at least one occasion prior thereto, to move or disperse or take other appropriate action to comply with this Chapter, and shall have failed to promptly comply with the warning.
B. To ensure that proper warning has been given, the Police Department shall maintain a written record indicating the name of each warned individual, the address of each targeted residence, and the date and time of each warning.
C. Any person convicted of a violation of this Chapter shall be subject to the penalties set forth in Section 1.28.010 of this Code. (Ord. 2007-39 § 1)