March 29, 2006, Introduced by Senators GILBERT, CROPSEY, VAN WOERKOM, TOY, GARCIA, PATTERSON, BIRKHOLZ, BASHAM, OLSHOVE, BISHOP and ALLEN and referred to the Committee on Local, Urban and State Affairs.
A bill to allow the requiring of a permit before demonstrating
outside of locations in which a funeral service is being held; to
allow local units of government to prohibit certain conduct at or
near the locations in which a funeral service is being held; to
prescribe the powers and duties of certain local governments and
officials; and to provide for penalties.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. A local unit of government may pass such ordinances as
it considers necessary to protect and preserve the peace and
respect toward those attending or conducting a funeral or memorial
service.
Sec. 2. (1) An ordinance authorized under section 1 may
include the requiring of a permit before a person can demonstrate
or protest on public property outside of any funeral home, church,
cemetery, or any other location at which a funeral service or
memorial service is being held.
(2) The local unit of government may assess a reasonable fee
for the processing and granting of a permit allowed under this act.
Sec. 3. The ordinance authorized under section 1 may also
include such other provisions as the local unit of government
considers necessary, including, but not limited to, prohibiting any
person from doing any of the following within 500 feet of a
building or other location where a funeral, memorial service, or
viewing of a deceased person is being conducted or within 500 feet
of a funeral procession or burial in the hour immediately before,
or during, or in the 2 hours immediately following:
(i) Making loud and raucous noise and continuing to do so after
being asked to stop.
(ii) Making any statement to or gesturing at a person attending
or involved in the funeral, memorial service, or viewing of the
deceased person, in the funeral procession, or at the burial that
would make the person under the circumstances to reasonably feel
intimidated, threatened, or harassed.
(iii) Engaging in any other conduct that the person knows or
should reasonably know will disturb, disrupt, or adversely affect
the funeral, memorial service, viewing of the deceased person,
funeral procession, or burial.
Sec. 5. The local unit of government shall impose reasonable
fines for violations of an ordinance adopted under this act.
Sec. 6. As used in this act, "local unit of government" means
a city, village, township, or county.