[HISTORY: Adopted by the Cayuga County Legislature 5-24-2011 by L.L. No. 1-2011. Amendments noted where applicable.]
This section shall be known and may be cited as the "Law Against
the Disruption of Funeral Related Events."
The Legislature finds that:
A.
Respecting the dead and a time of mourning is revered by the religious
and nonreligious alike.
B.
It is generally recognized that families have a substantial interest
in organizing and attending funerals for deceased relatives.
C.
Privacy in mourning is as important as privacy in the home.
D.
The interests of families in privately and peacefully mourning the
loss of deceased relatives are violated when funerals are targeted
for demonstration and other public demonstrations.
E.
Full opportunity exists under the terms and provisions of this chapter
for the exercise of freedom of speech and other constitutional rights
at times other than within one hour prior to the commencement of funeral
services, during funeral services, and one hour following the completion
of funeral services.
The purposes of this chapter are to:
A.
Protect the privacy of grieving families within one hour prior to
the commencement of funeral services, during funeral services and
one hour following the completion of funeral services; and
B.
Reserve the peaceful character of a cemetery, mortuary, funeral home,
church, mosque, synagogue and other place of worship within one hour
prior to the commencement of funeral services, during funeral services,
and one hour following the completion of funeral services.
C.
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 chapter, the following terms shall have the
meanings indicated:
Any type of protest activities, including picketing, sign-carrying,
oration, speech, use of sound-amplification equipment or devices,
or similar conduct that is not part of a funeral, memorial service
or ceremony.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The ceremonies, processions and memorial services held in
connection with the burial or cremation of the dead.
It is unlawful for any person to engage in demonstration within
750 feet of any cemetery, mortuary, funeral home, church, mosque,
synagogue and other place of worship within one hour prior to the
commencement of funeral services, during funeral services, and one
hour following the completion of funeral services.
Any person knowingly violating the provisions of this section
shall be guilty of a misdemeanor and, upon conviction thereof, shall
be punished by a fine of not more than $1,000 and/or by imprisonment
of up to one year.
If any clause, sentence, paragraph, subdivision, section or
part of this chapter or application thereof to any person, individual,
corporation, firm, partnership, entity or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section nor part of this chapter
or its application to the person, individual, corporation, firm, partnership,
entity or circumstance directly involved in the controversy in which
order or judgment shall be rendered.
