Chapter 10.09
San Jose Zoning Code · 2026-06 edition · ingested 2026-07-07 · San Jose
TARGETED RESIDENTIAL PICKETING
Sections:
10.09.010 Targeted residential picketing prohibited. ¶
10.09.015 Picketing before or about a residential dwelling prohibited. ¶
10.09.020 Private right of action. ¶
10.09.010 Targeted residential picketing prohibited. ¶
A. No person shall engage in picketing activity that is targeted at and is within three hundred 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 nontransient 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.
T10:4
2025-Supplement 3
PUBLIC PEACE, MORALS AND WELFARE
§ 10.10.030
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.
(Ords. 24292, 24321, 24671.)
10.09.015 Picketing before or about a residential dwelling prohibited. ¶
A. It is unlawful for any person to engage in picketing before or about a residential dwelling of any individual in the City of San José.
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.
D. This section shall be and remain in effect and operative during that period of time that the enforcement of Section 10.09.010 is suspended.
(Ord. 24671.)
10.09.020 Private right of action. ¶
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 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.
(Ords. 24292, 24321.)