[HISTORY: Adopted by the Suffolk County Legislature as indicated
in article histories. Amendments noted where applicable. Uncodified
sections of local laws amending these provisions are included at the
end of this chapter.]
[Adopted 6-8-2010 by L.L. No. 30-2010 (Ch. 260A of the 1985
Code)]
A.
This Legislature hereby finds and determines that the loss of a family
member is a difficult and emotional trauma for the surviving family.
B.
This Legislature also finds and determines that family members take
this time to honor and mourn the deceased.
C.
This Legislature further finds and determines that families have
a significant interest in quietly mourning the loss of their loved
one without the intrusion of others.
D.
This Legislature also determines that incidents have occurred throughout
the nation in which military funeral services have been disrupted
by picketing and protesting.
E.
This Legislature finds that picketing and protesting at funerals
prevent grieving families from mourning the deceased in peace.
F.
This Legislature determines that family members of the deceased frequently
suffer emotional distress when picketing and protesting occur during
a funeral.
G.
This Legislature further finds that the United States Congress enacted
legislation prohibiting demonstrations during, and immediately before
and after, funerals conducted at cemeteries under the control of the
National Cemetery Administration.
H.
This Legislature also determines that many states have enacted independent
legislation banning demonstrations and protests at any funeral conducted
within their state.
I.
This Legislature finds that the County of Suffolk should enact similar
legislation to preserve dignity and respect at funerals held in Suffolk
County.
J.
This Legislature also finds 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 one hour before the start of funeral services until one hour
after the completion of funeral services.
K.
Therefore, the purpose of this article is to protect the privacy
of grieving families and to maintain the peaceful nature of cemeteries
and funeral locations by prohibiting demonstrations during, and immediately
before and after, funeral services in the County of Suffolk.
As used in this article, the following terms shall have the
meanings indicated:
Picketing or similar protest conduct, including oration,
speech, the use of sound amplification equipment or devices, or similar
conduct that is not part of a funeral, memorial service or ceremony.
The ceremonies, processions and memorial services held in
connection with the burial or cremation of a deceased person.
[Amended 8-2-2011 by L.L. No. 36-2011]
A.
No person in the County of Suffolk shall engage in a demonstration
within 750 feet of any church, mortuary or other location at which
a funeral is being held within one hour prior to the commencement
of any funeral, during any funeral, or until one hour following the
completion of any funeral.
B.
No person in the County of Suffolk shall engage in a demonstration
within 750 feet of any cemetery at which a funeral is being held within
one hour prior to the commencement of any funeral, during any funeral,
or until one hour following the completion of any funeral, nor shall
any person impede the access to or egress from such cemetery.
Any person who knowingly violates the provisions of this article
shall be guilty of an unclassified misdemeanor punishable by a fine
of up to $1,000 and/or up to one year's imprisonment.
This article shall apply to all actions occurring on or after
the effective date of this article.
