The Board of Supervisors of the County of Sacramento makes the
following findings.
1.
It is
the purpose of this chapter to protect and preserve the home through
assurance that the State and Federal Constitutional right of members
of this community to enjoy their homes and dwellings with a feeling
of well-being, tranquility, privacy, and lack of coercion is maintained
while at the same time preserving the right of citizens of this community
to peacefully exercise their free speech rights as granted under the
Federal First Amendment and the California Constitution. At times
these rights can become competing interests as when for example picketing
and demonstrating are directed and targeted at a particular residence
or dwelling.
2.
One
important aspect of the right to residential privacy, well-being and
tranquility is protection of the unwilling resident listener. Although
in many locations citizens are expected to simply avoid speech they
do not want to hear in order to protect free speech rights of others,
the home is different as it is the citizen's last citadel when he
or she is weary or tired of the world's cares. Thus, a special benefit
of which all citizens have a right to enjoy within the privacy of
their homes is the right to avoid unwanted intrusions and unwanted
speech. The preservation and protection of the right to privacy in
the home and the enjoyment of tranquility, well-being, and a sense
of security in the home is in the public interest and is uniquely
and critically important to the public health, safety, and welfare.
3.
Picketers
and demonstrators who focus upon a particular residence or dwelling
generally do not seek to disseminate a message to the general public;
but to harass and intrude upon the targeted resident, and to do so
in an especially offensive way.
4.
Even
if some picketers or demonstrators have a broader communicative purpose,
their activity and medium of expression when targeted at a particular
residence inherently and offensively intrudes on residential privacy.
Such unwelcome picketing activity creates a situation where the resident
becomes captive within his or her home and the resident and household
cannot readily move to another dwelling to avoid the disturbance.
5.
Such
picketing and demonstrating also obstructs and interferes with the
free and safe use of public sidewalks and public ways of travel.
6.
Therefore
it is incumbent upon the County to restrict this unwelcome picketing
activity that is targeted at a particular residence or dwelling by
providing the resident and household therein with a boundary of protection
from such unwelcome intrusions.
7.
Without
resort to picketing or demonstrating before or about the residence
of an individual, ample alternative channels of communication exist,
and will continue to exist, under the terms and provisions of this
chapter to ensure the exercise of the right of free speech and assembly
under the Federal and State Constitutions. This chapter does not ban
general picketing or demonstrating in residential areas.
(SCC 0931 § 1, 1993)
a.
It is
unlawful for any person to engage in picketing within 100 feet of
a residence or dwelling of any individual within the unincorporated
area of the County of Sacramento, when such picketing is focused upon
that particular residence or dwelling.
c.
The term "focused upon" as used in Subsection (a) of this section means picketing that is targeted at a residential dwelling and is fixated on that dwelling or proceeds on a definite course or route in front of or any where around the perimeter of that particular residence or dwelling.
d.
The terms "within 100 feet of a residence or dwelling" as used in Subsection (a) of this section shall be measured around the perimeter of the residence or dwelling measured from the outer walls of the structure. An attached garage shall be considered part of the dwelling or residence.
e.
Subsection (a) does not prohibit picketing in a residential neighborhood so long as the picketing is not focused upon a particular residence or dwelling. Picketing activity such as, but not limited to, marching, parading, demonstrating, walking a route in front of an entire block of houses is not prohibited by Subsection (a) so long as the picketing is not focused upon a particular residence or dwelling.
f.
Subsection (a) shall not apply to a residence which is used as a place of business, or is used for a public meeting, or when picketers are present at the invitation and with the consent of the resident.
g.
Nothing
within this chapter shall be construed so as to permit entry into
private property without the resident's consent for picketing purposes.
(SCC 0931 § 1, 1993)
A violation of Subsection (a) of this chapter shall constitute
an infraction and shall be punishable by a fine not exceeding $100
for a first violation, and a fine not exceeding $200 for a second
violation within one year. For a third and each additional violation
thereafter within one year of the first infraction the violation shall
constitute a misdemeanor and shall be punishable by a fine not in
excess of $500 or by imprisonment in the County jail for not more
than six month, or by both.
(SCC 0931 § 1, 1993)
If any section, subsection, sentence, clause, phrase or portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions thereof.
(SCC 0931 § 1, 1993)
