Chapter 3 — RESTRICTIONS ON TARGETED RESIDENTIAL PICKETING

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*Note—Amended by Ord. No. 9970 (N.S.), effective 3-12-09, as Chapter 3, RESTRICTIONS ON TARGETED RESIDENTIAL PICKETING. (Provisions previously codified at § 311.101 et seq.)

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The Board of Supervisors of the County of San Diego finds:

(a) The preservation and protection of the right to privacy in the home and the enjoyment of tranquility, well-being and sense of security in the home are in the public interest and are uniquely and critically important to the public health, safety and welfare.

(b) Picketing that is targeted at the occupants of a particular residence or household whose occupants do not welcome such activity may harass and intimidate the occupants, is inherently and unreasonably offensive to and intrusive upon the right to privacy in the home and may cause the occupants of the home to experience great emotional distress.

(c) Unwelcome and targeted picketing creates a "captive audience" because the occupants of a residence or household cannot readily move to another residence or household in order to avoid the unwelcome picketing being directed at them in their home.

(d) This "captive audience" situation and the protection of the right to privacy in the home requires the enactment of a reasonable time, place and manner restriction upon unwelcome picketing that is targeted at a particular residence or household.

(e) This chapter is intended to establish time, place and manner restrictions that reconcile and protect the First Amendment rights of picketers to peacefully communicate and express their ideas and opinions with the rights of persons to enjoy the right to privacy in their homes.

(f) This chapter is not intended to preclude the right to picket in a residential area generally and in such a manner that does not target or focus upon a particular residence or household.

(g) Existing law does not adequately protect the right to privacy in the home against targeted picketing.

(Added by Ord. No. 9452 (N.S.), effective 5-16-02; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

(a) "Picketing" means the posting of a person or group for a demonstration or protest.

(b) "Targeted picketing" means picketing that is directed at an occupant of a particular residential dwelling and proceeds on a definite course or route in front of or around that particular residential dwelling.

(c) "Residential dwelling" means any permanent building being used by one or more occupants solely for nontransient residential uses.

(Added by Ord. No. 9452 (N.S.), effective 5-16-02; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

No person shall engage in targeted picketing activity within 300 feet of a residential dwelling in the unincorporated areas of the County. This section does not and shall not be interpreted to bar picketing in a residential area that is not targeted at a particular occupant of a residential dwelling.

(Added by Ord. No. 9452 (N.S.), effective 5-16-02; amended by Ord. No. 9970 (N.S.), effective 3-12-09)