Chapter 9.13
PROHIBITION OF PICKETING DIRECTED AT A RESIDENCE OR DWELLING
Sections:
9.13.005 Picketing focusing upon a particular residence is prohibited.
9.13.010 Penalty for violation.
9.13.000 Purpose.
The City Council of the City of Elk Grove makes the following findings:
A. It is the purpose of this chapter to protect and preserve the home through assurance that the State and Federal constitutional right of members of this community to enjoy their homes and dwellings with a feeling of well-being, tranquility, privacy, and lack of coercion is maintained while at the same time preserving the right of citizens of this community to peacefully exercise their free speech rights as granted under the Federal First Amendment and the California Constitution. At times these rights can become competing interests as when, for example, picketing and demonstrating are directed and targeted at a particular residence or dwelling.
B. One important aspect of the right to residential privacy, well-being and tranquility is protection of the unwilling resident listener. Although in many locations citizens are expected to simply avoid speech they do not want to hear in order to protect free speech rights of others, the home is different as it is the citizen’s last citadel when he or she is weary or tired of the world’s cares. Thus, a special benefit of which all citizens have a right to enjoy within the privacy of their homes is the right to avoid unwanted intrusions and unwanted speech. The preservation and protection of the right to privacy in the home and the enjoyment of tranquility, well-being, and a sense of security in the home is in the public interest and is uniquely and critically important to the public health, safety, and welfare.
C. Picketers and demonstrators who focus upon a particular residence or dwelling generally do not seek to disseminate a message to the general public, but to harass and intrude upon the targeted resident, and to do so in an especially offensive way.
D. Even if some picketers or demonstrators have a broader communicative purpose, their activity and medium of expression when targeted at a particular residence inherently and offensively intrudes on residential privacy. Such unwelcome picketing activity creates a situation where the resident becomes captive within his or her home and the resident and household cannot readily move to another dwelling to avoid the disturbance.
E. Such picketing and demonstrating also obstructs and interferes with the free and safe use of public sidewalks and public ways of travel.
F. Therefore it is incumbent upon the City to restrict this unwelcome picketing activity that is targeted at a particular residence or dwelling by providing the resident and household therein with a boundary of protection from such unwelcome intrusions.
G. Without resort to picketing or demonstrating before or about the residence of an individual, ample alternative channels of communication exist, and will continue to exist, under the terms and provisions of this chapter to ensure the exercise of the right of free speech and assembly under the Federal and State Constitutions. This chapter does not ban general picketing or demonstrating in residential areas. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 27-2007 §4, eff. 10-12-2007]
9.13.005 Picketing focusing upon a particular residence is prohibited.
A. It is unlawful for any person to engage in picketing within one hundred (100' 0") feet of a residence or dwelling of any individual within the City when such picketing is focused upon that particular residence or dwelling.
B. The term “picketing” as used in subsection (A) of this section does not require that the individual picketing carry a sign to come within the restrictions of subsection (A) of this section.
C. The term “focused upon” as used in subsection (A) of this section means picketing that is targeted at a residential dwelling and is fixated on that dwelling or proceeds on a definite course or route in front of or anywhere around the perimeter of that particular residence or dwelling.
D. The terms “within one hundred (100' 0") feet of a residence or dwelling” as used in subsection (A) of this section shall be measured around the perimeter of the residence or dwelling measured from the outer walls of the structure. An attached garage shall be considered part of the dwelling or residence.
E. Subsection (A) of this section does not prohibit picketing in a residential neighborhood so long as the picketing is not focused upon a particular residence or dwelling. Picketing activity such as, but not limited to, marching, parading, demonstrating, and walking a route in front of an entire block of houses is not prohibited by subsection (A) of this section so long as the picketing is not focused upon a particular residence or dwelling.
F. Subsection (A) of this section shall not apply to a residence which is used as a place of business, or is used for a public meeting, or when picketers are present at the invitation and with the consent of the resident.
G. Nothing within this chapter shall be construed so as to permit entry into private property without the resident’s consent for picketing purposes. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 27-2007 §4, eff. 10-12-2007]
9.13.010 Penalty for violation.
Violation of this chapter shall be an infraction which shall be enforced pursuant to the provisions of EGMC Chapter 1.04. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 27-2007 §4, eff. 10-12-2007]