(1) (a) The general assembly hereby finds that:
(I) The protection and preservation of the home is a compelling state
interest;
(II) Residents of Colorado are entitled to enjoy a feeling of well-being,
tranquility, and privacy in their homes and dwellings;
(III) The practice of targeted residential picketing causes emotional
disturbances and distress to the occupants and has the potential to incite breaches
of the peace; and
(IV) The practice of targeted residential picketing does not seek to
disseminate a message to the general public but, instead, seeks to harass and
intrude on the privacy of the targeted resident.
(b) The general assembly further finds that ample alternative means of
communication are available to those who would choose to engage in picketing
outside a person’s residence.
(2) As used in this section, unless the context otherwise requires:
(a) Residence means any single-family or multi-family dwelling unit that is
not being used as a targeted occupant’s sole place of business or as a place of
public meeting.
(b) Targeted picketing means picketing, with or without signs, that is
specifically directed toward a residence, or one or more occupants of the residence,
and that takes place on that portion of a sidewalk or street in front of the residence,
in front of an adjoining residence, or on either side of the residence.
(3) (a) It shall be unlawful for a person to engage in targeted picketing
except when the person is engaging in picketing while marching, without stopping
in front or on either side of a residence, over a route that proceeds a distance that
extends beyond three adjacent structures to one side of the targeted residence
along the one-way length and three adjacent structures to the other side of the
targeted residence along the one-way length or three hundred feet to one side of
the targeted residence along the one-way length and three hundred feet to the
other side of the targeted residence along the one-way length, whichever distance
is shorter.
(b) (I) It shall be unlawful for a person while engaged in targeted picketing to
hold, carry, or otherwise display on his or her person a sign or placard while he or
she is on a street or sidewalk in a residential area if the person does not comply
with the following restrictions:
(A) All signs or placards shall be no greater in size than six square feet;
(B) Each person may carry, hold, or otherwise display no more than one sign
or placard.
(II) The restrictions specified pursuant to subparagraph (I) of this paragraph
(b) shall not apply to a person while engaged in targeted picketing carrying a sign
or placard temporarily while transporting the sign or placard from the person’s
residence or business to a vehicle.
(4) Vehicles or trailers used in targeted picketing shall not park within three
residences or three hundred feet of a residence that is the subject of targeted
picketing. There is a presumption that a vehicle or trailer is used in targeted
picketing when signage is affixed to the vehicle containing content related to the
targeted picketing.
(5) It shall not be a violation of subsection (3) of this section unless a person
has previously been ordered by a peace officer or other law enforcement official to
move, disperse, or take other appropriate action to comply with this section and the
person has failed to promptly comply with the warning. The warning issued by the
peace officer or other law enforcement official shall indicate the required distances
the person engaging in picketing must march or other conditions necessary to
comply with this section. In order to ensure that an appropriate warning has been
given, the local law enforcement agency shall maintain a written record indicating
the name of each warned individual, the address or addresses of the targeted
residence or residences, and the date and time of the warning.
(6) A person who violates subsection (3) of this section commits a petty
offense.
(7) The provisions of this section shall not prohibit a local government from
adopting more restrictive provisions concerning targeted picketing or carrying in a
residential area more than one sign of a certain size.
L. 2008: Entire section added, p. 1509, § 1, effective August 5. L. 2021: (6) amended, (SB 21-271), ch. 462, p. 3202, § 311, effective March 1, 2022.
