Staff Report.Picketing Ordinance
Reviewed by: Town Manager and Assistant Town Manager
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/19/2021 ITEM NO: 11
DATE: October 18, 2021
TO: Mayor and Town Council
FROM: Robert Schultz, Town Attorney
SUBJECT: Introduction and First Reading of an Ordinance Amending the Los Gatos
Town Code Section 18.50.100 to Prohibit Targeted Residential Picketing
RECOMMENDATION:
Accept public comment then move for the introduction and first reading of an Ordinance
(Attachment 1), by title only, amending the Los Gatos Town Code Section 18.50.100 to Prohibit
Targeted Residential Picketing.
BACKGROUND:
On October 19, 2021, the Town Council enacted an urgency ordinance prohibiting targeted
picketing within 300 feet of the residence of a particular person. Urgency ordiances expire in 45
days unless they are extended or are made permenant. The introduction and first reading of
this ordinance will begin the process of making the urgency ordinance permanent.
DISCUSSION:
Targeted picketing is defined as picketing activity that is targeted at a particular residential
dwelling and proceeds on a definite course or route in front of or around that particular
residential dwelling. Picketing activity that is targeted at a particular residence may harass and
intimidate such occupants, is inherently and unreasonably offensive to and intrusive upon the
right to privacy in the home, and may cause the occupants of such home to experience great
emotional distress. Such unwelcome and targeted picketing activity creates a ‘captive audience’
situation because the occupants of a residence or household cannot readily move to another
residence or household in order to avoid the unwelcome picketing activity being directed at
them.
The ordinance, as amended, is narrowly tailored to protect the safety and tranquility of
residents while leaving open ample alternative channels of communication. The ordinance is
content neutral and merely restricts the time, place and manner of picketing. Adopting this
PAGE 2 OF 2 SUBJECT: Introduction and First Reading of an Ordinance Amending the Los Gatos Town Code Section 18.50.100 to Prohibit Targeted Residential Picketing DATE: October 18, 2021
ordinance will protect residents from being individually targeted while not prohibiting other
lawful demonstrations. Ordinances similar to this have been adopted by many cities in the
State of California and around the country and have withstood legal challenge.
CONCLUSION:
It is recommended that the Town Council move for the introduction and first reading of an
Ordinance (Attachment 1), by title only, amending the Los Gatos Town Code Section 18.50.100
to Prohibit Targeted Residential Picketing
COORDINATION:
This report was coordinated with the Town Manager’s Office.
FISCAL IMPACT:
There will be no fiscal impact to the Town at this time.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Draft Ordinance