The city council finds that enactment of reasonable time, place and manner restrictions to separate and protect persons expressing their views and persons wishing access to health care facilities without direct confrontation, hindrance, harassment or intimidation, benefits the public welfare. The purpose of this chapter is to impose time, place and manner restrictions intended to reconcile and protect First Amendment rights of persons near health care facilities and the rights of persons seeking to use health care facilities to be free from direct confrontation, hindrance, harassment, intimidation and harm.
(Ord. 2537-96 § 1)
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
"Access area"
means any portion of a public street or other public place or any place open to the public within one hundred feet of an exterior wall of a health care facility.
"Demonstration activity"
means all expressive and symbolic conduct, whether active or passive, which shall include, but not be limited to, protesting, picketing, distributing literature, and engaging in oral or silent protest, education or counseling activities.
"Health care facility"
means any medical or health facility, hospital or clinic within the city which is licensed under state law or any building, office or other place within the city regularly used by any health care provider licensed under state law to provide individual, nursing, or health care or advice to patients.
(Ord. 2537-96 § 1)
(a) 
It is unlawful for any person, in the course of demonstration activity within the access area of a health care facility, acting alone or in concert with others, to impede or hamper the free access to or departure from any health care facility by failing to withdraw immediately to a distance of at least eight feet away from any person who has requested such withdrawal. Distance shall be measured from that part of the closest demonstrator's body that is nearest to the closest part of the requesting person's body. For this purpose, "body" shall include any natural or artificial extension thereof, including, but not limited to, an outstretched arm or handheld sign.
(b) 
Withdrawal may be requested by a person verbally, or by carrying or wearing a visible sign clearly indicating such withdrawal request. Statements by a person, or signs carried or worn by a person displaying words or symbols such as or similar in effect to "stop," "withdraw," "back off," get away," or "leave me alone" shall be sufficient to constitute a request to withdraw. Failure to comply immediately with any such request shall constitute a violation. Statements of opinion or disagreement absent a request to withdraw shall not be construed to be a request to withdraw.
(Ord. 2537-96 § 1)
(a) 
Any person who is seeking or intends to seek access to a health care facility or who is aggrieved by an act prohibited by this chapter may bring an action for damages, injunctive and/or declaratory relief in a court of competent jurisdiction against any person who has violated, has conspired to violate or proposes to violate its provisions.
(b) 
Any person who prevails in such action shall be entitled to recover from the violator these damages, costs, attorney's fees and other such relief as determined by the court. In addition to all other damages, the court may award to the aggrieved person a civil penalty of up to one thousand dollars for each violation.
(c) 
The remedies provided by this section are in addition to any other legal or equitable remedies the aggrieved person may have and are not intended to be exclusive.
(Ord. 2537-96 § 1)