Tustin Municipal Code Ch. 5 Picketing of Residential Properties

In enacting this chapter, the City Council finds as follows:

(a) Protecting the well-being, tranquility, and privacy of the homes of residents of the City is a significant governmental interest.

(b) A special benefit of the privacy all residents enjoy within their residential properties is the ability to avoid unwanted intrusions and unwanted speech.

(c) The targeting picketing of a residential property creates a "captive audience" situation because the occupants cannot readily move to another residence in order to avoid the unwelcome picketing activity being directed at them.

(d) Picketing which targets specific residential properties of residents of the City is thus, an inherently and offensive intrusion on residential privacy.

(e) The protection of the right to privacy in the home requires the enactment of a reasonable time, place, and manner restriction upon picketing activity.

(f) This chapter is a necessary time, place and manner restriction intended to reconcile and protect the First Amendment rights of picketers to peacefully communicate and express their opinions to the public and the right of privacy at home.

(g) A buffer zone is a reasonable way to reconcile privacy interests and First Amendment rights when picketing targets a specific residential property.

(h) An ordinance prohibiting the targeted picketing of homes has been upheld by the United States Supreme Court in Frisby vs. Schulz (1988) 487 U.S. 474, and a three hundred (300) foot buffer zone has been upheld by a California Court of Appeal as a reasonable exercise of the City's legislative discretion in regulating such targeted picketing (City of San Jose v. Superior Court of Santa Clara County, (1995) 32 Cal. App. 4th 330).

(i) This chapter is not intended to preclude the right to picket in a residential area generally and in a manner that does not target or focus upon a particular residential property. (Ord. No. 1194, Sec. 1, 2-2-98)

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

(b) For purposes of this chapter, the term "residential property" means any property 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 property and is intended to proceed or does proceed on a definite course or route in front of or around a particular residential property.

(d) For purposes of this chapter, three hundred (300) feet shall be measured from the nearest property line of the targeted residential property to the picketing activity.

(e) This chapter does not and shall not be interpreted to preclude picketing in a residential area that is not targeted at a particular residential property. (Ord. No. 1194, Sec. 1, 2-2-98)

Violations of this chapter shall constitute a misdemeanor punishable by fine or imprisonment, or both. No fine imposed pursuant to this section for any single violation thereof shall exceed one thousand dollars ($1,000.00). Imprisonment shall not exceed six (6) months for each violation of this chapter. (Ord. No. 1194, Sec. 1, 2-2-98)