Los Gatos Municipal Code Div. 2 Picketing

No person shall beset or picket the premises of another, or any approach thereto, where any person is employed or seeks employment, or any place or approach thereto where such employee or person seeking employment lodges or resides, for the purpose of inducing such employee or person seeking employment, by means of threats of violence or acts of violence, to quit such employee's employment or to refrain from seeking or freely entering into employment.

(Code 1968, § 17-26)

Peaceful picketing is lawful. Peaceful picketing is defined as the lawful dissemination of information concerning the facts of a dispute by a person or persons in the vicinity of the place of business of an establishment where an alleged dispute exists. A picket is defined as a person engaged in picketing.

(Code 1968, § 17-27)

It shall be unlawful for any picket to sit, stand or march to and fro before any place of business involved in a dispute other than upon the outer one-third of the sidewalk in front of such place of business, such outer one-third being defined as that one-third portion of the sidewalk next to the curb; provided, that in areas within the Town where no curb exists it shall be unlawful for any picket to sit, stand or march to and from before any place of business involved in a dispute within an area of five (5) feet of the entrance of the building in which such business is located.

(Code 1968, § 17-28)

No person, individually or in concert with other persons, within the Town, shall block or obstruct any public street, sidewalk or place or any entrance, exit or approach to any place of business in or upon any public street, sidewalk or place in a manner calculated or with the intent to prevent the free passage therealong or therethrough of any other person who is entering, occupying or leaving any place of business, or who is performing any services or labor, or who is seeking or obtaining employment, or who is purchasing, selling, using, delivering, transporting or receiving any goods, wares, merchandise, services, entertainment, ac-commodations or articles, or who is attempting or seeking to do any of the foregoing, or to prevent the free passage therealong or therethrough of any vehicle or conveyance operated by or in the custody of any such other person or in which any such person is riding or attempting to ride.

(Code 1968, § 17-29)

(a) Any person having possession or control of any of the facilities, plants or utility properties enumerated in this section, may post, at each entrance to any structure devoted to any use so enumerated, at each entrance to any fenced or enclosed area devoted to any such use and at intervals of not more than three hundred (300) feet around any area devoted to such use, substantial signs not less than one (1) square foot in area, displaying prominently in addition to such other information as may be deemed desirable, the words, "Trespassing—Loitering—Forbidden by Law" in legible letters not less than two (2) inches in height; provided, that any public waiting room, dining room, office or other portion of any such structure or premises to which general public access is required in the normal use and operation thereof or where materials are delivered to or received by the public shall not be so posted.

(b) The posted boundary of any area shall be a line running from sign to sign, and such line need not conform to the legal boundary or legal description of any lot, parcel or acreage of land.

(c) The places which may be so posted are as follows:

(1) Every airport, and every plant, field and structure used for the manufacture, assembling or testing of aircraft.

(2) Every tank farm, refinery, compressor plant or absorption plant, marine terminal, pipeline, pumping station and reservoir used for the bulk treatment, bulk handling or bulk storage of petroleum products.

(3) Every reservoir, dam, pumping station, aqueduct, main canal or pipeline of a public water system.

(4) Every reservoir, dam, generating plant, receiving station, distributing station and transmission line of a company or agency furnishing electrical energy.

(5) Every gas generating plant, compressor plant, gas holder, gas tank and gas main used for the production, storage and distribution of gas.

(6) Every plant or vital part thereof or other principal property essential to rendering telephone or telegraph service.

(7) Every radio, broadcasting central plant or station.

(8) Every railroad bridge or tunnel.

(9) Every plant for the bulk storage of dynamite, giant powder, gun powder or other explosive.

(Code 1968, § 17-30)

When any premises is posted as provided in section 18.50.075, it shall be unlawful for any person to go upon or to remain upon any place within the posted boundary of any such premises, or to enter or to remain in any such posted structure, without personally having the express written consent of the person lawfully in possession or control thereof.

(Code 1968, § 17-31)

No person shall loiter in the immediate vicinity of any premises posted as provided in section 18.50.075 while having in possession any explosive, tool or device, of whatever character, capable of doing harm or damage to any structure, machinery, equipment or other property of a similar or dissimilar character, installed or located upon such posted premises or area.

(Code 1968, § 17-32)

Nothing in section 18.50.080 or 18.50.085 shall prohibit any lawful picketing, solicitation or activity by any labor union, its agents or members, or those in sympathy therewith, or by employee groups employed, or formerly employed, by any of the industries, utilities and businesses set forth in section 18.50.075 in any organizing effort, strike, lock-out labor controversy.

(Code 1968, § 17-33)

No person shall tear down, deface, destroy, or cause to be torn down, defaced or destroyed, any sign placed or posted under the provisions of section 18.50.075 without the consent of the person having possession or control of the premises on which such sign has been erected.

(Code 1968, § 17-34)

(a) No person shall engage in picketing activity that is targeted at and is within three hundred (300) feet of a residential dwelling.

(b) For purposes of this chapter, the term "residential dwelling" means any permanent building being used by its occupants solely for non-transient residential uses.

(c) For purposes of this chapter, the term "targeted" picketing means picketing activity that is targeted at a particular residential dwelling and proceeds on a definite course or route in front of or around that particular residential dwelling.

(d) 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.

(Ord. No. 1949, § IV, 7-7-93; Ord. No. 2323, § 1, 11-16-21)

(a) It is unlawful for any person to engage in picketing before or about a residential dwelling of any individual in the Town of Los Gatos.

(b) Enforcement of this section shall be limited to those situations where the picketing proceeds on a definite course or route in front of a residential dwelling and is directed at that residential dwelling.

(c) This section does not and shall not be interpreted to preclude general marching through residential neighborhoods.

(Ord. No. 2323, § 1, 11-16-21)

(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.

(b) Any aggrieved person who prevails in such an action shall be entitled to recover from the violator those damages, costs, 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 ($1,000.00) 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. No. 2323, § 1, 11-16-21)

In addition to any civil remedy created herein, the violation of any provision of Sections 18.50.100 or 18.50.110 shall constitute a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of those sections. In addition to the foregoing, any violation of Sections 18.50.100 or 18.50.110 shall constitute a public nuisance and shall be subject to abatement as provided by all applicable provisions of law.

(Ord. No. 2323, § 1, 11-16-21)