Chapter 12.55 - PICKETING OF A PRIVATE RESIDENCE IN A RESIDENTIAL ZONE

Footnotes:

--- (4) --- Editor's note— See editor's note at Ch. 12.54.

12.55.010 - Definitions.#

As used in this chapter, the terms set forth below shall mean the following:

"Directed, focused, or targeted at" means that a particular private residence or any of its occupants has been made the sole object of picketing and that the picketing takes place directly in front of the particular private residence or the private residence on either side of the targeted residence.

"Picket" means to station or post one or more persons, with or without a sign, before or about a particular residence.

"Private residence" means a single-family, duplex, or multifamily dwelling.

"Public meeting" means a gathering announced in advance to the public, or a portion of the public, which is held to discuss matters of public interest and which is attended by at least three people who do not reside where the assembly is held.

"Residential zone" means a section of the city which has been designated for residential use pursuant to the city's zoning ordinance.

(Ord. 2008-18 (part))

(Ord. No. 2025-01, § 1(Exh. A), 1-22-2025)

12.55.020 - Picketing of private residence prohibited.#

It shall be unlawful for any person to engage in picketing which is directed, focused, or targeted solely at a particular private residence located in a residential zone and which takes place directly in front of the particular private residence or the private residence on either side of the targeted residence.

(Ord. 2008-18 (part))

(Ord. No. 2025-01, § 1(Exh. A), 1-22-2025)

12.55.030 - Exemptions.#

Nothing herein shall prohibit: A.

The picketing of a residence which is used as the occupant's sole place of business;

B.

The picketing of a residence used as a place of public meeting;

C.

A person or group of persons from marching in a residential zoned area without stopping at a particular private residence; or

D.

A person or group of persons from marching in a residential zoned area on a defined route without stopping at any particular private residence or residences.

(Ord. 2008-18 (part))

(Ord. No. 2025-01, § 1(Exh. A), 1-22-2025)

12.55.040 - Time restrictions.#

Picketing in residential zoned areas is permitted only during the following hours: A.

Monday through Friday.

Nine a.m. to twelve noon

One p.m. to four p.m.

Seven p.m. to eight p.m.;

B.

Saturday.

Nine a.m. to five p.m.; and

C.

Sunday.

One p.m. to five p.m.

(Ord. 2008-18 (part))

(Ord. No. 2025-01, § 1(Exh. A), 1-22-2025)

12.55.050 - Warning.#

Before a person may be arrested for violating Section 12.54.020, the person must have been ordered to move, disperse, or otherwise remedy the violation by: A.

A police officer;

B.

A member of the fire department; or

C.

A person with authority to control the use of the residence which is the "focus" or "target" of the picketing.

(Ord. 2008-18 (part))

(Ord. No. 2025-01, § 1(Exh. A), 1-22-2025)

12.55.060 - Defense to prosecution.#

It is a defense to prosecution under this section that a person: A.

Was not given a warning as provided in Section 12.54.050; or

B.

Promptly obeyed a warning as provided in Section 12.54.050.

(Ord. 2008-18 (part))

(Ord. No. 2025-01, § 1(Exh. A), 1-22-2025)

12.55.070 - Penalty for violation.#

Violation of this chapter shall be a class C misdemeanor.

(Ord. 2008-18 (part))

(Ord. No. 2025-01, § 1(Exh. A), 1-22-2025)

12.55.080 - Severability.#

If any provision in this chapter is determined to be invalid by a court of competent jurisdiction, such determination shall not effect any of the remaining provisions of this chapter.

(Ord. 2008-18 (part))

(Ord. No. 2025-01, § 1(Exh. A), 1-22-2025)