TO: Roger L. Stancil, Town Manager
from: Brian J. Curran, Chief of Police
Terrie Gale, Police Attorney
subject: Amendment of Picketing Ordinance
date: February 9, 2009
The purpose of this report is to respond to a Council member’s verbal petition of April 28, 2008, to review and update Article IV, entitled “Picketing,” of Chapter 11 of the Chapel Hill Town Code. This Article was enacted originally in 1961 and was amended in 1998. We propose several changes to the Article to reflect more current views on picketing.
The Picketing Article of the Town Code encompasses Sections 11-53 through 11-61. In their present form, these various sections restrict picketers’ activities in a variety of ways, e.g. only ten persons may picket on one block; the picketers must march in single file; each picketer must be at least fifteen feet from any other picketer (except when passing); the size of signs is limited, etc. Also, the current Section 11-61 requires picketers or other persons blocking a walkway to disperse when so ordered by an officer, whether or not they have actually blocked anyone’s passage.
The proposed amendments would allow picketers more discretion and flexibility in their picketing activities. Restrictions on the numbers of picketers and requirements as to their spatial arrangements are deleted, and discretion is allowed as to the size of signs if the chief of police or his designee determines that there is no apparent interference with lines of sight for traffic, nor other public safety risk.
In addition, the proposed amendments would clarify that the section on obstructing passage would not be applicable, even when a sidewalk or other public walkway is blocked by picketers or other persons, unless someone actually was prevented from passing.
The amended ordinance includes the following specific changes from the current ordinance:
That the Council enact the ordinance amending Article IV of Chapter 11 of the Town Code.