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(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)
(A) When the City Council has established the hours of the day the city's public parks, playgrounds, and recreation centers shall be opened and closed to the public use and shall have caused the hours of opening and closing to be posted in a conspicuous place at the respective parks, playgrounds, and recreation centers, it shall be unlawful for anyone to go upon the premises of the parks, playgrounds, and recreation centers during the time when they are closed to the public use.
(B) When the City Council has established rules and regulations pertaining to the use and operation of the city's public parks, playgrounds, and recreation centers, and shall have caused the rules and regulations to be posted in a conspicuous place at the respective parks, playgrounds, and recreation centers, it shall be unlawful for anyone to disobey those rules and regulations.
(C) A violation of this section is punishable as a misdemeanor.
(‘58 Code, § 10-30) (Am. Ord. 86-14, passed 6-30-86; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.99
(A) (1) Subject to the provisions of this section, it shall be unlawful for any person or persons to make, permit, continue or cause to be made or create any unreasonably loud, disturbing and unnecessary noise in the city, with the exception of construction work done pursuant to a federal, state, county, or city contract which requires work to be performed during certain hours. Construction work under these conditions shall be exempt from the provisions of this section. For the purposes of this section, the following definitions shall apply:
(a) Unreasonably loud. Noise which is substantially incompatible with the time and location where created to the extent that it creates an actual or imminent interference with peace or good order.
(b) Disturbing. Noise which is perceived by a person of ordinary sensibilities as interrupting the normal peace and calm of the area.
(c) Unnecessary. Any excessive or unusually loud sound or any sound which is of such character, intensity and duration as to disturb the peace and quiet of any neighborhood or which disturbs, injures or endangers the comfort, repose, health, peace or safety of any person, and being a type of sound which could be lessened or otherwise controlled by the maker without unduly restricting his conduct.
(2) In determining whether a noise is unreasonably loud, disturbing and unnecessary, the following factors incident to such noise are to be considered: time of day; proximity to residential structures; whether the noise is recurrent, intermittent or constant; the volume and intensity; whether the noise has been enhanced in volume or range by any type of electronic or mechanical means; the character and zoning of the area; whether the noise is related to the normal operation of a business or other labor activity; whether the noise is subject to being controlled without unreasonable effort or expense to the creator thereof.
(B) The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section but this enumeration shall not be deemed to be exclusive:
(1) Blowing horns. The sounding of any horn, whistle or signal device on any automobile, motorcycle, bus or other vehicle or railroad train, except as a danger signal or as required by law, so as to create any unreasonable, loud or harsh sound or the sounding of such device for an unnecessary and unreasonable period of time.
(2) Radios, stereos, etc. The playing of any radio, television set, record player, stereo or other sound reproduction system, musical instrument or sound-producing or sound-amplifying device on the premises of any dwelling, hotel or motel room, in such manner or with such volume, particularly but not limited to the hours between 11:00 p.m. and 7:00 a.m., if the sound generated is audible at a distance of 30 feet or more from the dwelling's property line, or, in the case of a hotel or motel room, the unit's most outer boundary wall.
(2.1) Sound-producing equipment in vehicles. The playing of any radio, cassette player, compact disc, video tape or disc, or other similar device for reproducing sound located on or in any motor vehicle on a public street, highway, within any public vehicular area, or on the premises of a private residence, if the sound generated or noise vibration there from is audible or can be felt at a distance of 30 feet or more from the radio, cassette player, compact disc, video tape or disc, or other similar device that is producing the sound.
(3) Pets. The keeping of any animal or bird, which, by causing frequent or long continued noise, shall disturb the comfort and repose of any person in the vicinity.
(4) Use of vehicles. The use of any automobile, motorcycle, dirt bike, go-cart, recreational vehicle or any other vehicle so out of repair, so loaded or operated in such manner as to create loud or unnecessary grating, grinding, rattling, screeching of tires or other noise.
(5) Blowing whistles. The blowing of any steam whistle attached to any stationary boiler except as a warning of danger.
(6) Exhaust discharge. The discharge into the open of the exhaust of any steam engine, stationary internal combustion engine, or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(7) Compressed air devices. The use of any mechanical device operated by compressed air unless the noise created thereby is effectively muffled and reduced.
(8) Building operations. The erection (including excavation), demolition, alteration or repair of any building in a residential district between the hours of 9:00 p.m. and 7:00 a.m. of any day or in any district other than a residential district between the hours of 11:00 p.m. and 7:00 a.m. of any day, except in the case of urgent necessity in the interest of public safety and then only with a permit from the city manager or his designee, which permit may be renewed for a period of three (3) days or less while the emergency continues.
(9) Noises near schools, etc. The creation of any excessive noise on any street adjacent to any school, institution of learning, library, or court while the same is in session, or adjacent to any hospital, or any church during services, which unreasonably interferes with the operation or activities of such institution.
(10) Loading and unloading operations. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening or destruction of bales, boxes, crates and containers.
(11) Bells and gongs. The sounding of any bell or gong which disturbs the quiet or repose of persons in the vicinity thereof.
(12) Noises to attract attention. The use of any drum, loudspeaker or other instrument for the purpose of attracting attention by creation of noise to any performance, show, sale, display or advertisement of merchandise.
(13) Blowers, engines. The operation of any noise-creating blower, power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise emitting therefrom is sufficiently muffled and the engine is equipped with a muffler device sufficient to deaden such noise, so that the same shall not cause annoyance to the public nor unreasonably disturb the rest and quiet of persons on adjacent premises or within the vicinity thereof.
(14) Appliances and other mechanical devices. The operation of any noise-producing appliance or other mechanical device which, due to operational deficiencies, malfunction or other type of disrepair, causes loud and excessive noises in such a manner as to unreasonably annoy the public or disturb the rest and quiet of persons on adjacent premises or within the vicinity thereof.
(15) Loudspeakers or amplifiers.
(a) It is prohibited within or from any commercial establishment or private entertainment or recreational venue to allow any loudspeaker or other mechanically-amplified device to be played so that the sound there from may be heard at a distance of 30 feet or more from the facility's property line, between the hours of 12:00 a.m. (midnight) and 7:00 a.m.
(b) In the exercise of noncommercial free speech, loudspeakers or amplifiers may be used, subject to the following conditions: It shall be unlawful for any person to speak into a loudspeaker or amplifier within the corporate limits of the city, when such loudspeaker or amplifier is so adjusted that the voice of the speaker is amplified to the extent that it is audible at a distance in excess of 150 feet from the person speaking;
(C) Enforcement. Where there is a violation of any provision of this article, the city, at its discretion, may take one or more of the following enforcement actions:
(1) A police officer may issue a citation as provided herein, subjecting the violator to a civil penalty of $100.00.
(2) The civil penalties imposed by this section and the proceeds therefrom as collected by payment, civil action or otherwise, shall belong to the city and shall be paid into the general fund of the city under such conditions as prescribed by the annual budget.
(3) In the alternative, pursuant to G.S. § 14-4, a violation of this section may be considered a misdemeanor. Such a misdemeanor is punishable by a fine of not more than $500 or imprisonment designated for a Class 3 misdemeanor.
(D) Each separate day of a continued violation shall be a separate and distinct offense and shall give rise to a separate and distinct penalty.
(E) A violation of this section is punishable as a misdemeanor.
(‘58 Code, § 10-19) (Am. Ord. 92-2, passed 1-21-92; Am. Ord. 07-24, passed 7-16-07; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.99
(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
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