[HISTORY: Adopted by the Legislature of the County of Monroe as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-14-2011 by L.L. No. 5-2011]
This article shall be known as the law "Restricting Disruptive Protesting Activities at Funeral-Related Events."
The Legislature finds that:
It is generally recognized that families have a substantial interest in organizing and attending funerals for deceased relatives.
The interests of families in privately and peacefully mourning the loss of deceased relatives are violated when funerals are targeted for picketing and other public demonstrations.
Full opportunity exists under the terms and provisions of this section for the exercise of freedom of speech and other constitutional rights:
The purposes of this article are to:
Protect the privacy of grieving families within one hour prior to the commencement of any funeral, during any funeral, or until one hour following the completion of any funeral;
Preserve the peaceful character of cemeteries, mortuaries and churches within one hour prior to the commencement of any funeral, during any funeral, or until one hour following the completion of any funeral; and
Protect the First Amendment rights of individuals by placing only restrictions that are content neutral and contain a reasonable time and place limitation.
As used in this article, the following terms shall have the meanings indicated:
- Picketing and other protest conduct directed at a funeral-related event, including but not limited to oration and speech with or without the use of sound amplification equipment or devices, and display of signs with or without verbal accompaniment.
- FUNERAL-RELATED EVENT
- Ceremonies, wakes, funerals, burials, Shiva, and other memorial services held in connection with a deceased person.
No person shall knowingly engage in a demonstration within 1,000 feet of any church, synagogue or other place of worship, mortuary, funeral home, cemetery, or other location at which a funeral-related event is being held within one hour prior to the commencement of any funeral-related event, during any funeral-related event, or until one hour following the completion of any funeral-related event.
A violation of any provision of this article shall constitute an offense and be punishable as follows:
Any person violating the provisions of this article shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed $1,000 and/or by imprisonment of up to one year. Each such violation shall constitute a separate and distinct offense.
This article shall be enforced by any law enforcement agency having jurisdiction.
If any clause, sentence, paragraph, subdivision, section or part of this article or application thereof to any person, individual, corporation, firm, partnership or entity shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such determination shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this article or its application to the person, individual, corporation, firm, partnership or entity directly involved in the proceeding in which such adjudication shall have been rendered.