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(A) For the purposes of this section, "PUBLIC PLACE" means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation facility, or the doorways and entranceways to any building which fronts on any of those places, or a motor vehicle in or on any of those places, or any property owned by the city.
(B) For the purposes of this section, a "KNOWN UNLAWFUL DRUG USER, POSSESSOR, OR SELLER" is a person who has, within the knowledge of the arresting officer, been convicted in any court within this state in the past ten (10) years of any violation involving the use, possession or sale of any of the substances referred to in the North Carolina Controlled Substances Act, G.S. Ch. 90, Article 5, or has been convicted of any violation of any substantially similar laws of any political subdivision of this state or of any other state or of federal law within the past ten (10) years.
(C) It shall be unlawful for a person to remain or wander about in a public place for the purpose of violating any subdivision of the North Carolina Controlled Substances Act, G.S. Ch. 90, Article 5. Circumstances that may be considered in establishing a person's purpose include, without limitation, the following:
(1) Repeatedly beckoning to, stopping, or attempting to stop passers-by, or repeatedly attempting to engage passers-by in conversation;
(2) Repeatedly stopping or attempting to stop motor vehicles;
(3) Repeatedly interfering with the free passage of other persons;
(4) Such person is a known unlawful drug user, possessor, or seller;
(5) Such person repeatedly passes to or receives from passers-by, whether on foot or in a vehicle, money or objects;
(6) Such person takes flight upon the approach or appearance of a police officer;
(7) Such person is at a location frequented by persons who use, possess, or sell drugs; or
(8) Any vehicle involved is registered to a known unlawful drug user, possessor, or seller, or is known to be or have been involved in drug-related activities.
(D) A violation of this section is punishable as a misdemeanor.
(Ord. 89-21, passed 9-5-89; Am. Ord. 10-01, passed 1-4-10; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.99
(A) Except as provided in subsection (B) below, all persons are prohibited from possessing weapons as defined in G.S. 14-269 in city owned buildings, their appurtenant premises, parks and all city owned property except as defined in subsection (B) below.
(B) This prohibition shall not apply to the following persons:
(1) Officers and enlisted personnel of the armed forces of the United States when in discharge of their official duties as such and acting under Orders requiring them to carry arms and weapons;
(2) Civil officers of the United States while in the discharge of their official duties;
(3) Officers and soldiers of the militia and the national guard when called into actual service.
(4) Animal Control Officers while in the discharge of their official duties;
(5) Sworn law enforcement officers;
(6) Persons possessing a lawful concealed carry permit within city parks except for the specific areas of the parks delineated in the subsection below; more generally defined as athletic fields, courts, and gymnasiums including appurtenant spectator areas; swimming pools and appurtenant pool decks including bath houses;
(a) Albemarle Soccer Complex: playing fields including spectator seating areas, and concession/restroom building during organized games, practices, and athletic programs scheduled through Albemarle Parks and Recreation and/or Stanly County Community College.
(b) E.E. Waddell Community Center: athletic field including spectator seating area during organized games, practices, and athletic programs scheduled through Albemarle Parks and Recreation, and gymnasium including spectator seating areas.
(c) Ingram Park: athletic field including spectator seating areas, press box and restrooms during organized games, practices, and athletic programs scheduled through Albemarle Parks and Recreation.
(d) Montgomery Park: Athletic field including spectator seating areas, press box and restrooms during organized games, practices, and athletic programs scheduled through Albemarle Parks and Recreation.
(e) Morehead Park: swimming pool, deck, bath house and restrooms; and soccer fields including spectator areas during organized games, practices, and athletic programs scheduled through practices, and athletic programs scheduled through Albemarle Parks and Recreation.
(f) Optimist Park: athletic fields including spectator areas and press box during organized games, practices, and athletic programs scheduled through Albemarle Parks and Recreation.
(g) Rock Creek Park: athletic field including spectator area, press box and restrooms during organized games, practices, and athletic programs scheduled through Albemarle Parks and Recreation; swimming pool, deck, bath house, and tennis courts including spectator area during organized games, practices, and athletic programs scheduled through Albemarle Parks and Recreation.
(h) Amhurst Gardens Athletic Field during organized games, practices, and athletic programs scheduled through Albemarle Parks and Recreation and/or Albemarle Public Housing Department.
(C) A conspicuous notice shall be posted at each entrance to any property set forth above, stating: "Possession of weapons or carrying a concealed handgun is prohibited."
(D) Any person in violation of this section shall be guilty of a misdemeanor and upon conviction shall be fined $500 or imprisoned for six months, or both.
(E) This section is effective upon the posting of the notice in division (C) above.
(Ord. 95-43, passed 12-12-95; Am. Ord. 12-05, passed 2-20-12; Am. Ord. 14-14, passed 4-7-14)
(A) Solicitation of funds, subscription papers, or display or sale of merchandise shall be prohibited each work day during the hours of 8:00 a.m. to 5:30 p.m., of the standard time then in effect, in offices and work areas in municipal buildings where employees of the city perform work.
(B) The City Manager shall cause each municipal building to be posted with appropriate signs indicating that solicitation is prohibited. Such signs shall be posted in a conspicuous place in each office and work area designed to give notice to the public as well as to employees.
(C) Violation of this section shall constitute a misdemeanor punish- able in accordance with G.S. § 14-4.
(Ord. 00-37, passed 10-2-00)
GRAFFITI
"GRAFFITI." Writings, drawings, inscriptions, figures or marks of paint, ink, chalk, dye or similar substances on private or public buildings, structures or places which are not authorized or permitted by the property owner or possessor. For the purpose of this subchapter, "GRAFFITI" includes drawing, writings, markings or inscriptions regardless of the content or the nature of materials used in the commission of the act.
(Ord. 05-04, passed 2-7-05)
It shall be unlawful for any person to write, paint, inscribe, scratch, scrawl, spray, place or draw graffiti of any type on any public or private building, structure or any other real or personal property. Any person convicted of a violation of this subchapter shall be fined not less than $250 for a first offense and $500 for second and subsequent offenses.
(Ord. 05-04, passed 2-7-05)
Section 82.51 shall not be construed to prohibit temporary, easily removable chalk or other water-soluble markings on public or private sidewalks, streets or other paved surfaces which are used in connection with traditional children's activities, such as drawings or bases for stickball, kickball, handball, hopscotch or similar activities, nor shall it be construed to prohibit temporary, easily removable chalk or other water soluble markings used in connection with any lawful business or public purpose or activity.
(Ord. 05-04, passed 2-7-05)
It shall be unlawful for any person owning property, acting as manager or agent for the owner of property, or in possession or control of property to fail to remove or effectively obscure any graffiti upon such property. Any such person convicted of a violation of this section shall be fined not more than $100. In determining the fine to be imposed, the court may consider the efforts, if any, taken by the violator to remove or effectively obscure the graffiti during the preceding calendar year. The mandatory fine provided in this section shall not apply to a property owner, agent, manager, or possessor of property if such property owner, agent, manager or possessor has been victimized two or more times by graffiti within any calendar year and, during such time, has removed or effectively obscured such graffiti from the property in a timely manner.
(Ord. 05-04, passed 2-7-05)
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