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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
It shall be unlawful for any person to disturb any public meeting, place of public entertainment or amusement, or to disturb such a place by loud talking, whistling, using indecent language, or in any other unseeming manner, or to willfully obstruct the entrance way to the meeting or willfully impede the ingress or egress of those seeking to attend or depart from such a place in the city. A violation
of this section is punishable as a misdemeanor.
(‘58 Code, § 10-11) (Am. Ord. 22-01, passed 1- 3-22) Penalty, see § 10.99
(A) It shall be unlawful for any person to fire off or discharge any firearms, without first obtaining a permit from the Police Department, except that target practice may be conducted at the range at city landfill while strictly following all rules of such facility.
(B) It shall be unlawful for any person to shoot with a bow and arrow, or to shoot missiles of any description from slings, spring guns, or instruments of any kind, except that target practice may be conducted at the range at Rock Creek Park while strictly following all rules of that facility; provided, however, that conducting safety programs that have been approved by the City Council relating to shooting a bow and arrow, or shooting missiles of any description from slings, spring guns or instruments of any kind are exempt from the provisions hereof and provided that deer, coyote and feral hog hunting in accordance with § 82.34(C) is exempt from the provisions herein.
(C) However, hunting by bow and arrow or crossbow (“Archery Equipment”), as defined by the North Carolina Wildlife Resources Commission, is permitted on private property only during the (Central Deer Zone Archery Blackpowder and Gun Season and Urban Archery Season) as established by the North Carolina Wildlife Resources Commission. A person may engage in archery on his or her own property if he or she has on his or her person a valid North Carolina hunting license (or qualifies for an exemption from licensing by the North Carolina Wildlife Resources Commission), or on the property of another in their absence if he or she has on his or her person both a valid North Carolina hunting license (or qualifies for an exemption from licensing by the North Carolina Wildlife Resources Commission) and written permission from the property owner or the property owner’s authorized agent or manager. Parcels or tracts of land that are either owned by a person engaged in archery or for which that person has been given written permission to hunt shall be referred to as “areas of consent”. Archery may only occur within areas of consent when the following requirements are met:
(1) Archery must be conducted from a permanent or portable elevated platform of at least ten feet above the ground; and
(2) Areas of consent must be greater than two acres in area and may be comprised of contiguous parcels or tracts; and
(3) No arrow shall be discharged within 250 feet of any residential dwelling, school, church, commercial building, governmental property, occupied structure, street, park, or other recreational area; and
(4) No arrow shall be discharged from or onto any City of Albemarle water, sewer or electrical right of way; and
(5) Hunters shall make every reasonable effort to track wounded animal for the purpose of completing the harvest and recovering the carcass; and
(6) There is a valid hunting season in effect for which the hunting license applies at the time the bow or crossbow is discharged; and
(7) The hunter adheres to all applicable State and Local regulations; and
(8) The person discharging the bow or crossbow exercises reasonable regard for the safety and property of other persons.
(D) A violation of this section is punishable as a misdemeanor.
(‘58 Code, § 10-13) (Am. Ord. 85-24, passed 11-18-85; Am. Ord. 92-17, passed 6-15-92; Am. Ord. 12-05, passed 2-20-12; Am. Ord. 14-06, passed 3-17-14; Am. Ord. 15-10, passed 4-6-15; Am. Ord. 18-06, passed 4-2-18; Am. Ord. 20-24, 9-21-20; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.99
It shall be unlawful for any person to play ball in any manner or engage in any game of any kind calculated to damage glass windows or other property on the public streets or alleys within the city. A violation of this section is punishable as a misdemeanor.
(‘58 Code, § 10-21) (Am. Ord. 22-01, passed 1- 3-22) Penalty, see § 10.99
It shall be unlawful for any person to solicit newspaper, magazine, or map subscriptions on the streets of the city without filing with the City Clerk as provided in § 64.02. A violation of this section is punishable as a misdemeanor.
(‘58 Code, § 10-23) (Am. Ord. 22-01, passed 1- 3-22) Penalty, see § 10.99
No person on roller skates or riding in any coaster, toy vehicle, or similar device, shall go upon any roadway, other than a street set aside as a play street, unless it be while crossing a street at a crosswalk or intersection. A violation of this section is punishable as a misdemeanor.
(‘58 Code, § 16-41) (Am. Ord. 22-01, passed 1- 3-22) Penalty, see § 10.99
(A) It shall be unlawful for any person on skateboards or riding in any coaster, toy vehicle, or similar devise to go upon any public street, alley or sidewalk located in the business district of the city.
(B) As used herein, the term "BUSINESS DISTRICT OF THE CITY" shall include the area within the City of Albemarle, North Carolina, bounded on the north by North Street, on the east by Third Street, on the south by South Street, and the west by Depot Street.
(C) It shall be unlawful for any person on skateboards or riding any coaster, toy vehicle, or similar device to go upon the premises of the Courthouse Square Park at the northeast corner of the intersection of Main Street and Second Street or upon the premises of the Market Station located on the south side of West Main Street in the city.
(D) A violation of this section is punishable as a misdemeanor.
(Ord. 95-36, passed 10-2-95; Am. Ord. 99-42, passed 8-2-99; Am. Ord. 22-01, passed 1-3-22)
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