Article 10-7
REGULATING PICKETING OF A PRIVATE RESIDENCE IN RESIDENTIALLY ZONED DISTRICTS

Sections:

10-7-1 Definitions

10-7-2 Picketing of Private Residence Prohibited

10-7-3 Exemptions

10-7-4 Time Restrictions

10-7-5 Warning

10-7-6 Defense to Prosecution

10-7-7 For Penalty Provisions; See Section 10-1-23

10-7-1 Definitions

A.  Directed, focused, or targeted at means that a particular private residence or any of its occupants has been made the sole object of picketing and that the picketing takes place directly in front of the particular private residence or the private residence on either side of the targeted residence.

B.  Picket means to station or post one or more persons, with or without a sign, before or about a particular residence.

C.  Private residence means a single-family, duplex, or multi-family dwelling.

D.  Reserved.

E.  Residential zoned district means a section of the Town, which the General Plan has designated, for single-family, duplex, or multi-family dwellings.

(02-07, Added, 03/20/2002)

10-7-2 Picketing of Private Residence Prohibited

It shall be unlawful to picket any private residence for any reason except as provided for elsewhere within this article.

(02-07, Added, 03/20/2002)

10-7-3 Exemptions

Nothing herein shall prohibit:

A.  The picketing of a residence which is used as the occupant’s sole place of business.

B.  The picketing of a residence used as a place of public meeting.

C.  A person or group of persons from marching in a residential zoned area without stopping at a particular private residence; or

D.  A person or group of persons from marching in a residential zoned area on a defined route without stopping at any particular residence or residences.

(02-07, Added, 03/20/2002)

10-7-4 Time Restrictions

Picketing in residential zoned areas is permitted only during the following hours:

A.  Monday through Friday 9:00 a.m. to 12:00 noon.

B.  Saturday 9:00 a.m. to 5:00 p.m.

C.  Sunday 1:00 p.m. to 5:00 p.m.

(02-07, Added, 03/20/2002)

10-7-5 Warning

Before a person may be arrested for violating Section 10-7-2, the person must have been ordered to move, disperse, or otherwise remedy the violation by:

A.  A police officer;

B.  A member of the fire department; or

C.  A person with authority to control the use of the residence which is the "focus" or "target" of the picketing.

(02-07, Added, 03/20/2002)

10-7-6 Defense to Prosecution

It is a defense to prosecution under this Section that a person:

A.  Was not given a warning as provided in Section 10-7-5; or

B.  Promptly obeyed a warning as provided in Section 10-7-5.

(02-07, Added, 03/20/2002)

10-7-7 For Penalty Provisions; See Section 10-1-23