San Marcos Municipal Code Ch. 10.52 Targeted Residential Picketing

The City Council of the City of San Marcos finds that the preservation and protection of the right to privacy in a residential dwelling unit and the enjoyment of tranquility, well-being, and sense of security in the residential dwelling unit, are in the public interest and are uniquely and critically important to the public health, safety, and welfare.

The City Council finds that picketing which is targeted at a particular residential dwelling unit or household whose occupants do not welcome such activity may harass and intimidate such occupants, is inherently and unreasonably offensive to and intrusive upon the right to privacy in one's home, is harmful to the public health, safety, and welfare, and that existing law does not adequately protect the right of privacy in the residential dwelling unit or home against such targeted picketing. The City Council finds that a three hundred-foot buffer zone creates a minimum zone of protection for residents from unwanted harassment and intimidation, but does not prevent picketers from disseminating their message to the general public or to local residents, from a lawful distance.

The City Council finds that unwelcome and targeted picketing creates a "captive audience" because the occupants of a residential dwelling unit or household cannot readily move to avoid the unwelcome picketing being directed at them in their residential dwelling unit or home, and that it is the intent of this Chapter to protect said "captive audience" inside a targeted residential dwelling unit and home without stifling any speech that is protected by the First Amendment.

The City Council finds that 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 privacy in their homes, which restrictions are consistent with the provisions of a similar ordinance reviewed by the United States Supreme Court in Frisby v. Schultz (1988) 487 U.S. 474.

The City Council finds that 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 residential dwelling unit or household.

(Ord. No. 2021-1496, § 2(Exh. A), 5-25-2021)

Picketing means the presence of a person or group of people for a demonstration or a protest.

Residential Dwelling means any permanent building being used by one or more occupants for nontransient residential uses.

Targeted Picketing means Picketing that is directed at a particular Residential Dwelling and either proceeds on a definite course or route in front of or around that particular Residential Dwelling, or remains within three hundred feet of a particular Residential Dwelling without substantial movement.

(Ord. No. 2021-1496, § 2(Exh. A), 5-25-2021)

No person shall engage in Targeted Picketing within three hundred feet of a particular Residential Dwelling. This section does not and shall not be interpreted to preclude or prohibit picketing in a residential area that is not targeted at a particular residential dwelling.

(Ord. No. 2021-1496, § 2(Exh. A), 5-25-2021)

Any violation of this chapter is hereby declared to be a public nuisance.

(Ord. No. 2021-1496, § 2(Exh. A), 5-25-2021)