§ 7-4. Peaceful demonstrations at funerals for America's fallen heroes.

(a)

It shall be unlawful for any person or persons to demonstrate on the property of a cemetery under the control of the City of Cordele or on the property of a cemetery owned by the city unless the demonstration has been approved by the City Manager and the Chief of Police of the City of Cordele as hereinafter provided.

(b)

To protect the peace and good morals of the City of Cordele, any demonstrations, picketing and protests occasioned by a funeral for deceased military personnel shall be prohibited with respect to such a cemetery during the period beginning sixty (60) minutes before and ending sixty (60) minutes after a funeral, memorial service, or ceremony is held.

(c)

Further, any part of which demonstration is expressly prohibited if the same (1) takes place within one hundred fifty (150) feet of a road, pathway, or other route of ingress to or egress from such cemetery property and includes, as part of such demonstration, any individual willfully making or assisting in the making of any noise or diversion that disturbs or tends to disturb the peace or good order of the funeral, memorial service, or ceremony; or (2) is within three hundred (300) feet of such cemetery and impedes the access to or egress from such cemetery.

(d)

Any person or persons, organization, group or entity, etc., desiring to conduct peaceful demonstrations, picketing and protests at such military personnel funerals within the boundaries of City of Cordele must obtain an event permit from the City Manager of the City of Cordele located in the City Hall, 501 North 7th Street, Cordele, Georgia 31015. Without such permit prior to the start of the event, the event shall not proceed.

(e)

Peaceful demonstrations, picketing and protests, by their very nature, involve differences of opinion between persons, organizations, groups, entities, etc., which if left uncontrolled may evolve into less than peaceful events through no fault of the organizers. Therefore, in order to allow the Chief of Police of the City of Cordele to effectively execute his duty to protect the citizens of the City of Cordele the following planning times are established.

(1)

Peaceful demonstrations, picketing and protests at the within contemplated events involving twenty (20) individuals or less shall make application to obtain an event permit at least three (3) full working days prior to the start of the event.

(2)

Peaceful demonstrations, picketing and protests at such events involving twenty-one (21) to fifty (50) individuals shall make application to obtain an event permit at least five (5) full working days prior to the start of the event.

(3)

Peaceful demonstrations, picketing and protests at such events involving fifty-one (51) to ninety-nine (99) individuals shall make application to obtain an event permit at least fourteen (14) full working days prior to the start of the event.

(4)

Peaceful demonstrations, picketing and protests at such events involving one hundred (100) individuals or more shall make application to obtain an event permit at least thirty (30) full working days prior to the start of the event.

(f)

In order to maintain good order and discipline, the time, duration and location of the event shall be approved by the Cordele City Manager or his/her authorized representative. The application for an event permit must contain the proposed/requested time, duration and location of the peaceful demonstration, picketing or protest. In order to provide for adequate public safety, traffic control and the placement of opposing peaceful demonstrators, picketers or protesters, this time, duration and/or location may be approved, modified, or disapproved by the Cordele City Manager or his/her authorized representative in conjunction with the Chief of Police of the City of Cordele, and at their sole discretion.

(g)

Where peaceful demonstrations, picketing and protests at the within contemplated events are conducted along city streets or roads, all activities shall be in compliance with the provisions of subsection (e)(3) above.

(h)

Peaceful demonstrations, picketing and protests at such events are not permitted in streets or roads designated for vehicular traffic and any peaceful demonstrations, picketing and protests in the streets or roads or rights-of-way of those streets or roads is unlawful and a violation of this section.

(i)

Where peaceful demonstrations, picketing and protests at such events are to be conducted on private property, the written permission of the lawful property owner or all owners must be presented with the application for the event permit, or the application shall be deemed unacceptable.

Violation of this section is a misdemeanor and punishable by a fine of five hundred dollars ($500.00) and/or thirty (30) days in jail.

(Ord. No. 0-11-10, 6-21-11)

Editor's note

Ord. No. 0-11-10, adopted June 21, 2011, was not specifically amendatory. For purposes of classification, and at the editor's discretion, these provisions have been included as § 7-4