[HISTORY: Adopted by the Town Board of the Town of Royalton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-17-2011 by L.L. No. 2-2011]
Pursuant to the applicable provisions of the laws of the State
of New York, including but not limited to the Municipal Home Rule
Law, the General Municipal Law and the Town Law, the Royalton Town
Board is authorized to adopt local laws, ordinances, rules and regulations
which preserve, protect and promote the general health, safety and
welfare of the citizens of the Town of Royalton. The adoption at such
laws, ordinances, rules and regulations are subject to Federal Constitutional
protections and/or limitations imposed by federal or state law.
The purpose of this article is to balance the interest of families
and friends to grieve the death of relatives or loved ones peacefully
with the level of respect, dignity and privacy that such a solemn
event demands against the freedom of speech and other constitutional
protections. The Royalton Town Board finds that honoring deceased
friends or family members in a dignified and respectful manner is
of paramount importance to families and friends of the deceased. That
all families should be given an equal opportunity to conduct a funeral
or other ceremony upon the death of their loved one without interruption
or without being subjected to picketers, protestors or public demonstrations
which have a disruptive effect upon the proceedings or which cause
undue emotional pain or hardship to the surviving family and friends
of the decedent. That such concerns have manifested themselves particularly
in the case of honoring the death of military personnel who have served
our great nation and given their lives to protect the freedoms which
each citizens of the Town enjoys. The regulations are designed to
take into consideration the length of time necessary to conduct a
funeral event including those situation where a large number of persons
may be in attendance and require additional time to complete a funeral
service or event. Accordingly, the Royalton Town Board, by adoption
of this article, seeks to protect the rights of families and friends
to grieve the death of a relative or loved ones at funerals or other
gathering within the Town of Royalton while protecting the constitutionally
protected rights of others, all in order to promote the health, safety,
or general welfare of the residents of the Town.
For purposes of this article, the following definitions shall
apply:
Religious or nonreligious ceremonies, wakes, funerals, grave
side burial services, internments, and/or memorial services, wherever
held or conducted within the Town of Royalton which are held in connection
with the death of a person who is the subject of such event. A funeral
event shall include but not be limited to a funeral service in a church,
funeral home or other place of worship or assembly, funeral procession
route from the service to the grave site and return, memorial service
held in place normally reserved for public assembly such as a gymnasium
or stadium, and the wake or gathering immediately following funeral
or memorial services.
The assembly of one or more persons acting alone or in concert
with each other engaged in the act of picketing, public demonstration,
exhibition, march, parade, rally or other similar actions or conduct
for the purposes of promoting ideas, thoughts or beliefs, whether
communicated verbally or nonverbally, with or without use of sound
amplification equipment, signs or other devices, at a funeral event
within the Town of Royalton.
A.Â
No person shall engage in or cause others to engage in protests within
1,000 feet of any funeral event in the Town of Royalton within two
hours prior to commencement of any funeral event, during any funeral
event, or until two hours following the completion of any funeral
event.
B.Â
No person, firm or organization shall engage in or cause other to
engage in protests within 1,000 feet of the principal residence of
any immediate family member of the decedent including the residence
of the decedent's parents, spouse or children in the Town of Royalton
for a term 30 days from the date or death or, in the case of military
personnel, from the date of death to a date which is 30 days after
return of the decedent's remains to the family for burial.
A.Â
Any person in violation of this article shall be guilty of a misdemeanor,
and upon conviction, shall be punished by a fine not to exceed $1,000,
and or imprisonment of up to one year. Each such violation, regardless
of when occurring, shall constitute a separate and distinct offense.
B.Â
Any peace officer, law enforcement officer or agency having jurisdiction
in the Town of Royalton shall be authorized to enforce this article.
C.Â
This article and the penalties associated herewith shall apply to
all persons, regardless of whether acting independently or as a part
of a group, firm or organization.
