(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.
Source: 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.
18-9-109. Interference with staff, faculty, or students of educational institutions. (1) No person shall, on or near the premises or facilities of any educational institution, willfully deny to students, school officials, employees, and invitees:
(a) Lawful freedom of movement on the premises;
(b) Lawful use of the property or facilities of the institution;
(c) The right of lawful ingress and egress to the institution's physical facilities.
(2) No person shall, on the premises of any educational institution or at or in any building or other facility being used by any educational institution, willfully impede the staff or faculty of such institution in the lawful performance of their duties or willfully impede a student of the institution in the lawful pursuit of his educational activities through the use of restraint, abduction, coercion, or intimidation or when force and violence are present or threatened.
(3) No person shall willfully refuse or fail to leave the property of or any building or other facility used by any educational institution upon being requested to do so by the chief administrative officer, his designee charged with maintaining order on the school premises and in its facilities, or a dean of such educational institution, if such person is committing, threatens to commit, or incites others to commit any act which would disrupt, impair, interfere with, or obstruct the lawful missions, processes, procedures, or functions of the institution.
(4) It shall be an affirmative defense that the defendant was exercising his right to lawful assembly and peaceful and orderly petition for the redress of grievances, including any labor dispute between an educational institution and its employees, any contractor or subcontractor, or any employee thereof.
(5) (a) Any person who violates any of the provisions of this section, except subsection (1) or (6) of this section, commits a class 2 misdemeanor.
(b) A person who violates subsection (1) of this section commits a petty offense.
(6) (a) A person shall not knowingly make or convey to another person a credible threat to cause death or to cause bodily injury with a deadly weapon against:
(I) A person the actor knows or believes to be a student, school official, or employee of an educational institution; or
(II) An invitee who is on the premises of an educational institution.
(b) For purposes of this subsection (6), credible threat means a threat or physical action that would cause a reasonable person to be in fear of bodily injury with a deadly weapon or death.
(c) A person who violates this subsection (6) commits a class 1 misdemeanor.
(7) For purposes of this section, the premises, facilities, and buildings of an educational institution do not include the private residence of a student who is participating in online instruction, as defined in section 22-1-131 (2).
Source: L. 71: R&RE, p. 468, � 1. C.R.S. 1963: � 40-9-109. L. 73: p. 539, � 8. L. 2005: (5) amended and (6) added, p. 1499, � 4, effective July 1. L. 2021: (7) added, (HB 21-1059), ch. 200, p. 1061, � 3, effective May 28; (5) amended, (SB 21-271), ch. 462, p. 3202, � 312, effective March 1, 2022.
Cross references: For affirmative defenses generally, see �� 18-1-407, 18-1-710, and 18-1-805.