[HISTORY: Adopted by the Board of Supervisors of Saratoga
County as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-21-2011 by L.L. No. 4-2011]
A.Â
This Board of Supervisors finds and determines that families of deceased
members and former members of the United States Armed Forces have
a substantial interest in organizing and attending funerals for their
deceased relatives who served in the armed forces.
B.Â
This Board of Supervisors further finds and determines that surviving
family members participating in such military funerals and related
events have a significant interest in quietly mourning the loss of
their loved ones without being disrupted by those who are not mourning
that loss.
C.Â
This Board of Supervisors further finds and determines that protests
and demonstrations at military funerals and funeral-related events
prevent grieving family members from mourning their loved ones in
peace and cause such family members to frequently suffer emotional
distress.
D.Â
This Board of Supervisors further finds and determines that a full
opportunity exists under the terms and provisions of this article
for the exercise of free speech and other constitutional rights at
times other than the period from two hours before the start of military
funerals and funeral-related events until two hours after the completion
of the same.
E.Â
This Board of Supervisors also finds that the United States Congress
has enacted legislation prohibiting demonstrations during, and immediately
before and after, funerals conducted at cemeteries under the control
of the National Cemetery Administration.
F.Â
This Board of Supervisors finds and determines that the County of
Saratoga should enact similar legislation to preserve dignity and
respect at military funerals and funeral-related events held in Saratoga
County at locations other than cemeteries that are under the control
of the National Cemetery Administration.
G.Â
Therefore, the purpose of this article is to protect the privacy
of grieving military families and prevent the disruption of military
funerals and related events, and to maintain the peaceful nature of
cemeteries, funeral homes, mortuaries, churches, synagogues, or other
places of worship, or other locations at which a funeral or funeral-related
event is being held. This article shall not apply to demonstrations
at funerals or funeral-related events held at cemeteries under the
control of the National Cemetery Administration, the prohibition of
which demonstrations are governed by federal law.
As used in this article, the following terms shall have the
meanings indicated:
Picketing and other protest conduct, including but not limited
to oration and speech with or without the use of sound amplification
equipment or devices, the display of signs with or without verbal
accompaniment, and the distribution of any handbill, pamphlet, leaflet
or other written or printed matter, which are not part of the funeral,
memorial service or ceremony.
Ceremonies, wakes, funerals, burials, Shiva, processions,
and other memorial services held in connection with the deceased member
or former member of the United States Armed Forces.
The ceremonies, processions, and memorial services held in
connection with the burial of members or former members of the United
States Armed Forces.
The United States Army, Navy, Air Force, Marine Corps and
Coast Guard, and includes members and former members of the National
Guard who were employed in service of the United States.
It shall be unlawful for any person in the County of Saratoga
to engage in a demonstration within 500 feet of any church, synagogue,
or other place of worship, mortuary, funeral home, cemetery, or other
location at which a military funeral or funeral-related event is being
held within two hours immediately prior to the commencement of any
military funeral or funeral-related event, during any military funeral
or funeral-related event, and until two hours immediately following
the completion of any military funeral or funeral-related event. The
foregoing prohibitions shall not apply to demonstrations at funerals
or funeral-related events held at cemeteries under the control of
the National Cemetery Administration, the prohibition of which demonstrations
are governed by federal law.
Any person who knowingly violates the provisions of this article
shall be guilty of a misdemeanor punishable by a fine of up to $1,000
and/or up to one year's imprisonment.
