Ordinance No. 1505-15

 

 

AN ORDINANCE PROHIBITING UNLAWFUL PICKETING OF A MEMORIAL SERVICE

AND/OR A FUNERAL AND DECLARING AN EMERGENCY

 

WHEREAS, the Village Council of the Village of Paulding, Ohio, finds that families have a legitimate and legally cognizable interest in organizing and attending memorial services and funerals for deceased relatives and that the rights of families to peacefully and privately mourn the death of relatives are violated when memorial services and funerals are targeted for picketing or protest activities; and

 

WHEREAS, the Village Council of the Village of Paulding, Ohio, also recognizes that individuals have a constitutional right to free speech and that in the context of memorial services and funeral ceremonies, the competing interests of picketers and memorial service and funeral participants must be balanced; and

 

WHEREAS, the Village Council of the Village of Paulding, Ohio, finds that the purpose of this Ordinance is to protect the privacy of grieving families and to preserve the peaceful character of cemeteries, mortuaries, churches and other places of worship during a memorial service and a funeral while still providing picketers and protestors the opportunity to communicate their message at a time and place that minimizes the interference with the rights of families participating in memorial services or funerals.

 

NOW, THEREFORE, be it ordained by the council of the Village of Paulding, Ohio that:

 

Section 1. For purposes of this Ordinance the following definitions shall apply:

 

     A. FUNERAL: the ceremonies and memorial services held in

        connection with the burial or cremation of the dead but does

        not include funeral processions on public streets or highways

        nor does it include the wake (sometimes referred to as a

        visitation or vigil).

 

     B. MEMORIAL SERVICE: a service held to memorialize a deceased

        person with their body not present.

 

     C. PICKETING OF A FUNERAL: protest activities engaged in by a

        person or persons located within three (300) hundred feet of

        the premises of a cemetery, mortuary, church or other place

        of worship or other location during, and which target, a

        memorial service or funeral.

 

Section 2. A person commits the offense of unlawful picketing of a memorial service or funeral if he or she engages in picketing of a memorial service or funeral during the period from one (1) hour prior to the commencement of any memorial service or funeral through one (1) hour following the cessation of any memorial service or funeral.

 

Section 3. Any person who pickets within street or road rights-of-way shall stay at least three (3) feet from the traveled portion of the street or road.

 

Section 4. Any person who violates any of the provisions of this Ordinance within the corporation limits of the Village of Paulding, Ohio, is guilty of a first degree misdemeanor and upon conviction thereof shall be fined in an amount not exceeding one thousand ($1,000.00). Each day a violation is committed or permitted to continue shall constitute a separate offense.

 

Section 5. This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public safety, health, peace and welfare; wherefore, this Ordinance shall be in full force and effect from and immediately after its passage.

 

PASSED: 7/29/15

                                       Greg A. White

                                       Mayor

ATTEST:

 

 

Annette D. Hasch

Clerk-Treasurer

 

1st Reading: ________________

2nd Reading: ________________ (Or) Rules Suspended: 7/29/15    

3rd Reading: ________________

 

 

 

“Official documents on file in Village Office”