The municipal council of the city of Holladay finds and determines:
A. That residents of Salt Lake Valley have experienced residential picketing targeted at specific residences.
B. Such targeted residential picketing infringes on the residents' right to tranquility and privacy in their homes, and freedom from being a captive audience to unwanted messages while in their homes, and adversely affects other governmental interests.
C. 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.
D. The council finds that prohibiting targeted residential picketing within one hundred feet (100') of the property line of a particular residence properly balances two (2) 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.
E. The council finds that it is in the best interest of the city of Holladay residents to protect the public peace, health, safety, tranquility, privacy and welfare.
F. This chapter is intended to be a content neutral time, place, and manner of regulation on speech in public forums. (Ord. 08-16, 7-17-2008)
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 residential picketing causes emotional disturbance and distress to residents, and has the potential to incite breaches of the peace and disrupt the well being and tranquility of the home. 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 of any particular viewpoint. (Ord. 08-16, 7-17-2008)
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