[HISTORY: Adopted by the Board of Commissioners of the Township
of Aleppo 1-12-1999 by Ord. No. 197. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 271.
In the event the Township's inherent police powers and
other ordinances do not fully allow it to constitutionally regulate
picketing and demonstrations, the purpose of this chapter is to create,
in addition to such inherent powers and ordinances, the express power
to do so.
"Picketing" and "demonstrations" are terms used interchangeably
in this chapter. Their meaning shall have the broadest definition
under the law at the time, but in general the words refer to the act
of disseminating, in any form and manner whatsoever, information to
persons who have not requested that information.
The Township shall regulate picketing and demonstrations to
the fullest extent constitutionally permitted at the time.
Based on the case law at the time of the enactment of this chapter,
the Township presumes the constitutionality of the following restrictions
on picketing and demonstrations:
A.
No picketing shall occur within 500 feet of the residence of any
person directly or indirectly identified by the picketing communication
(sign, slogans, chanting, and the like).
B.
No loudspeakers shall be used within 2,500 feet of the residence
of any person directly or indirectly identified by the picketing communication.
C.
Special circumstances may warrant more or less restrictions consistent
with current law at the time in the Township's sound discretion.
Subject to the approval of the Chairman of the Police Committee
of the Board of Commissioners, the Township Police Chief shall determine
the number of police officers, if any, to be assigned to the picketing/demonstration
area. Those individuals requesting the opportunity to picket/demonstrate
shall pay the Township, in advance, the reasonable cost of such police
officers, which shall be the actual amount of the wages, benefits
and other terms and conditions of employment for such officers for
the period of time of their assignment to the picketing or demonstration.
This amount may be rounded up to the nearest hour or day per the requirements
of the collective bargaining agreement between the Township and the
police in effect at the time.
The Township recognizes that unsolicited communications via
telephone and computer may also be crimes under separate provisions
of federal and state law. Nothing in this chapter shall limit or restrict
the enforcement of such laws.
Penalty for violation of this chapter is $500 per offense or
imprisonment of three days per offense; subject, however, to the discretion
of the court in applying general rules and sentencing laws.
