Atherton Municipal Code Ch. 9.18 Targeted Residential Picketing

TARGETED RESIDENTIAL PICKETING

Sections:

• 9.18.010 Definitions.

• 9.18.020 Targeted residential picketing prohibited.

• 9.18.030 Picketing before or about a residential dwelling prohibited.

• 9.18.040 Private right of action.

• 9.18.050 Penalties.

A. “Picketing” means when a person or a group of people stands, marches, or patrols inside, in front of, or about any premises with the intent to persuade an occupant or patron of the premises regarding some point of view or to protest an action, attitude, or belief, or to publicly express any sentiment directed at an occupant or patron of said premises.

B. “Picketing before or about a residential dwelling” means picketing activity that proceeds on a definite course or route in front of or adjacent to a residential dwelling and is directed at or about that residential dwelling.

C. “Residential dwelling” means any permanent building being lawfully used by its occupants for residential uses.

D. “Targeted residential picketing” means picketing activity that is targeted at a particular residential dwelling and proceeds on a definite course or route in front of, adjacent to or around that particular residential dwelling. (Ord. 658 § 2, 2023)

A. No person shall engage in any picketing activity that is targeted at, and is within, three hundred feet of a residential dwelling.

B. This chapter does not and shall not be interpreted to preclude picketing in a residential area that is not targeted at a particular residential dwelling.

C. This chapter does not and shall not be interpreted to preclude canvassing, advertising, or any other form of speech besides targeted residential picketing or picketing before or about a residential dwelling.

D. This chapter does not, and shall not be interpreted to, preclude targeted picketing of individual residents of the town of Atherton in locations other than the targets’ private residential neighborhoods, or in nonresidential areas, to the extent permitted by law. (Ord. 658 § 2, 2023)

A. It is unlawful for any person to engage in picketing before or about a residential dwelling of any individual in the town of Atherton.

B. Enforcement of this section shall be limited to those situations where the picketing proceeds on a definite course or route in front of or adjacent to a residential dwelling and is directed at that residential dwelling. The intent of this section is to prohibit picketers from evading the requirements set forth in Section 9.18.020 by attempting to march around or past the targeted residence.

C. This section does not and shall not be interpreted to preclude general marching through residential neighborhoods, provided no specific residential dwelling is targeted by the march. (Ord. 658 § 2, 2023)

A. Any person who is aggrieved by an act prohibited by this chapter may bring an action for damages, injunctive and/or declaratory relief, as appropriate, in a court of competent jurisdiction against any person who has violated, has conspired to violate, or proposes to violate the provisions of this chapter. Such action will be a civil dispute between the affected parties.

B. Any aggrieved person who prevails in such an action shall be entitled to recover from the violator those damages, costs, reasonable attorneys’ fees and such other relief as determined by the court. In addition to all other damages or relief, the court may award to the aggrieved person a civil penalty of up to one thousand dollars for each violation of this chapter.

C. The remedies provided by this chapter are in addition to any other legal or equitable remedies the aggrieved person may have and are not intended to be exclusive. (Ord. 658 § 2, 2023)

It shall be unlawful for any person to violate or fail to comply with this chapter. Any person violating the provisions of this chapter shall first be verbally warned. If, after the warning, the person continues to violate this chapter, he or she will be guilty of a misdemeanor and separately subject to the provisions of Chapter 8.20, Nuisance Abatement. Whenever in this chapter any act or omission is made unlawful, it shall include causing, permitting, aiding, or abetting another to violate this chapter. (Ord. 658 § 2, 2023)