San Marcos Municipal Code Ch. 10.23 Intimidation Free Zones

Any person who willfully intimidates or harasses any individual or who makes a credible threat with the intent to place that individual in reasonable fear for his or her safety or the safety of his or her immediate family is guilty of a misdemeanor, provided that the prohibited activity specified above occurs in a park, on school property, on any public property or facility operated by a tax-exempt organization and utilized for organized and supervised after-school recreational activities or on any public property within 1,000 feet of the boundaries of a park, school property or public property or facility operated by a tax-exempt organization and utilized for recreational activities as specified above.

(Ord. No. 2006-1264, 2-28-06)

(a)

Intimidate means a knowing and willful course of conduct directed at a specific individual for the purposes of frightening or coercing the minor into submission or obedience and that serves no legitimate purpose.

(Ord. No. 2006-1264, 2-28-06)

(b)

Harass means a knowing and willful course of conduct directed at a specific individual that alarms, torments, or terrorizes the individual and that serves no legitimate purpose.

(Ord. No. 2006-1264, 2-28-06)

(c)

Course of Conduct means two or more acts evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct".

(Ord. No. 2006-1264, 2-28-06)

(d)

Credible Threat means a verbal or written threat or a threat implied by conduct or a combination of verbal or written statements and conduct made with the intent to place the individual that is the target of the threat in reasonable fear for his or her safety or the safety of his or her family and made with the apparent ability to carry out the threat so as to cause the individual who is the target of the threat to reasonably fear for his or her safety or the safety of his or her family. It is not necessary to prove that the defendant had the intent to actually carry out the threat.

(Ord. No. 2006-1264, 2-28-06)

(e)

Immediate Family means any spouse, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.

(Ord. No. 2006-1264, 2-28-06)

Prior to the effective date of this ordinance, the City shall post signs indicating the status of areas as intimidation free zones and notifying the public as to what conduct is prohibited in these zones. The City shall post notification signs at all public schools and on all public property regularly utilized for organized and supervised after-school recreational activities.

(Ord. No. 2006-1264, 2-28-06)

This section shall not apply to conduct that occurs during labor picketing.

(Ord. No. 2006-1264, 2-28-06)