Loading...
(A) For the purposes of this section the following definitions shall apply unless the context clearly indicates or otherwise requires a different meaning:
"REGISTERED SEX OFFENDER." An individual who is registered by any state or federal agency as a sex offender and whose name is published on any state or federal registered sex offender listing, including but not limited to the sex offender registry established in G.S. Chapter 14, Article 27A.
"PARKS, RECREATION AREAS, AND GREEN WAYS." Any City of Albemarle owned, leased or maintained land which is designated by the City of Albemarle as a park, recreation area and/or green way".
(B) It shall be unlawful for any person who is a registered sex offender to enter upon any park, recreation area, or greenway operated and maintained by the City of Albemarle. Each entry upon such areas, regardless of the time period between such entries, shall constitute a separate offense under this section.
(C) Any sex offender found to be in violation of division (B) above shall be personally advised that they are banned from entry upon parks, recreation areas and green ways of the City of Albemarle and subject to criminal trespass for repeated violations.
(D) Any sex offender who is found in violation of this section shall be guilty of a Class 3 misdemeanor and shall be fined not more than $500 per offense or 30 days in jail as set forth in G.S. 14-4.
(E) A map entitled "Protected Areas" clearly outlining the parks, recreation areas and green ways owned and operated by the City of Albemarle shall be posted and maintained on the City of Albemarle website.
(Ord. 08-06, passed 2-4-08)
OFFENSES AGAINST PUBLIC PEACE AND SAFETY
The intent of this section is to regulate begging, panhandling, or soliciting contributions or Alms for personal gain from occupants of vehicles and pedestrians within the city. Bona fide members of charitable, religious, civic or fraternal organizations that are considered a charitable non-profit organization as defined by the United States Internal Revenue Service and receive no compensation of any kind for their services are exempt from this section except in regards to the conduct of the person soliciting as described in division (I) of this section.
(A) Definitions.
(1) To "BEG, PANHANDLE, OR SOLICIT CONTRIBUTIONS OR ALMS" shall be defined to include, without limitation, the spoken, written, or printed word or such other acts as are conducted in furtherance of the purpose of obtaining contributions or Alms;
(2) "ACCOSTING ANOTHER PERSON" shall be defined as approaching or speaking to someone in such a manner as would cause a reasonable person to fear imminent bodily harm or the commission of a criminal act or damage to property in his or her immediate possession;
(3) "INTIMIDATE ANOTHER PERSON" shall be defined as acting in such a way as would cause a reasonable person to fear bodily harm and therefore to do something he or she would not otherwise have done;
(4) "FORCING ONESELF UPON THE COMPANY OF ANOTHER PERSON" shall be defined as:
(a) Continuing to request or solicit contributions in close proximity to the person addressed after that person has responded negatively;
(b) Blocking the passage of the person addressed; or
(c) Otherwise engaging in conduct which reasonably could be understood as intended to force a person to accede to demands.
(5) "PUBLIC PLACE" shall be defined to include streets, highways, and roadways (including the shoulders and medians), sidewalks, alleys, and other public property, as well as city-owned and city-controlled property and private property open to the public unless written permission to solicit has been obtained from the property owner or other person in authority.
(6) "VOCAL APPEAL" shall be defined as begging, panhandling, or solicitation of contributions by spoken word or other verbal request. This shall not include the act of performing music with a sign or other indication that a contribution is being sought, without any vocal request other than in response to an inquiry.
(7) "DIRECT WRITTEN APPEAL" shall be defined as begging, panhandling, or solicitation by handing to a person or attempting to hand to a person a written solicitation for immediate contributions.
(8) "NIGHTTIME" shall be defined as the time after sunset and before sunrise.
(B) No person shall beg, panhandle, or solicit contributions for personal gain in a public place without the written permission of the property owner or person of authority.
(C) No person shall beg, panhandle, or solicit contributions in a public place in a manner so as to intimidate another person or by accosting another person, or by forcing oneself upon the company of another person.
(D) No person shall beg, panhandle, or solicit contributions from another person within 50 feet of an entrance or exit of any bank or financial institution or within 50 feet of any automated teller machine.
(E) No person shall beg, panhandle, or solicit contributions in any public vehicle owned or operated by the city or at any station for such vehicle or within six feet of a bus stop sign, bus stop shelter, or bus stop bench.
(F) No person shall beg, panhandle, or solicit contributions while sitting or standing on a roadway or the shoulder or median of a roadway.
(G) No person shall beg, panhandle, or solicit contributions in a public place by vocal appeal or direct written appeal during the nighttime without the written permission of the property owner or person of authority.
(H) This section shall not apply to events conducted on city owned property that have previously been approved by City Council.
(I) Any members of charitable, religious, civic or fraternal organizations including persons acting on their behalf shall act in accordance with divisions (C), (D), (E), and (F) of this section. Violations of these sections may result in the penalty as described in division (H) of this section.
(J) Violation of this section shall constitute a misdemeanor and shall subject the violator to a fine of not more than $50 or imprisonment for not more than 30 days.
(K) A violation of this section is punishable as a misdemeanor.
(‘58 Code, § 10-2) (Am. Ord. 06-02, passed 1-3-06; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.99
It shall be unlawful for any person to solicit alms in public places by offering for sale any article or merchandise. A violation of this section is punishable as a misdemeanor.
(‘58 Code, § 10-3) (Am. Ord. 22-01, passed 1-3- 22) Penalty, see § 10.99
It shall be unlawful for any number of persons to congregate and remain on the outside of any church or other place of public worship to the annoyance, disturbance, or inconvenience of the people worshipping on the inside. A violation of this section is punishable as a misdemeanor.
(‘58 Code, § 10-10) (Am. Ord. 22-01, passed 1- 3-22) Penalty, see § 10.99
Loading...