051 of 2007 - prohibiting targeted picketing of individuals’ residences 0 07-1
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SALT LAKE CITY ORDINANCE
No. 51 of 2007
(Targeted Residential Picketing)
AN ORDINANCE ENACTING SECTION 11.12.120, SALT LAKE CITY CODE,
RELATING TO TARGETED RESIDENTIAL PICKETING.
WHEREAS, the City Council has learned that residents of Salt Lake City have
experienced residential picketing targeted at specific residences; and
WHEREAS, such targeted residential picketing infringes on the residents' right to
neighborhood tranquility and privacy, and freedom from being a captive audience to unwanted
messages while in their homes, and adversely affects other governmental interests; and
WHEREAS, in Frisby v. Shultz, 487 U.S. 474 (1988), the United States Supreme Court
upheld a municipal ordinance that banned picketing in front of a particular residence to protect
residential privacy and to protect the inhabitants from hearing or seeing unwanted messages; and
WHEREAS, the City Council finds that prohibiting targeted picketing within 100 feet of
a particular residence properly balances two competing interests: (1) the right of residents to
residential privacy and to be free from being a captive audience to unwanted speech in their
homes, and (2) the constitutional right of the picketers to have reasonable access to their intended
audience;
WHEREAS, the City Council finds that the proposed ordinance is in the best interest of
the City to protect the public peace, health, safety, tranquility, privacy, and welfare; and
WHEREAS, the proposed ordinance is intended to be a content-neutral time, place, and
manner regulation on speech in public forums;
Now, Therefore, be it ordained by the City Council of Salt Lake City, Utah, as follows:
SECTION 1. Section 11.12.120, Salt Lake City Code be, and the same hereby is, enacted
to read as follows:
11.12.120 Targeted Residential Picketing Prohibited:
A. Purpose: The protection of the home is of the highest importance. The public health and
welfare and the good order of the community require that citizens enjoy in their homes and
neighborhoods a feeling of well-being, tranquility, and privacy, and enjoy freedom from being a
captive audience to unwanted speech in their homes. The practice of targeted picketing in
residential areas causes emotional disturbance and distress to residents, and has the potential to
incite breaches of the peace. Full opportunity exists for individuals to exercise their rights of
free speech without resorting to targeted residential picketing. The provisions of this section are
enacted for the purpose of protecting the significant public interests stated above and not to
suppress free speech rights or any particular viewpoint.
B. Definitions:
1. "Picketing" means the stationing or posting of one or more persons to apprise the
public, vocally or by standing or marching with signs, banners, sound amplification devices, or
other means, of an opinion or a message.
2. "Residence" means any single-family, duplex, or multi-family dwelling that is not
used as a targeted occupant's sole place of business or as a place of public meeting.
3. "Targeted residential picketing" means picketing that (a) is specifically directed or
focused towards a residence, or one or more occupants of a residence, and (b) takes place within
100 feet of the property line of that residence.
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C. Prohibition:
It shall be unlawful for any person, acting alone or in concert with others, to engage in
targeted residential picketing in Salt Lake City.
D. Penalty for Violations:
Any violation of this ordinance is a class B misdemeanor.
SECTION 2. This ordinance shall take effect immediately upon the date of its first
publication.
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Passed by the City Council of Salt Lake City, Utah this 17 day of
July , 2007.
CHAIRPERSON
ATTEST:
CHIEF DEPUTY CI Y C RDER
Transmitted to Mayor on July 25, 2007
Mayor's Action: /r Approved. Vetoed.
M YOR
ATTEST:
"Nyt Criri; APP1+OVED AS TO FT)P.M
Salt Lake 04 Attorneys Office
I P T ITY RE ORD
re' Data.
(SEAL) 4 vf,•
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"A!
Bill No. 51 of 2007.
Published: July 31, 2007.
1:',Ordinance 07 Enacting Section 11.12.120 Targeted residential picketing-4-27-07 clean.doc
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