Chapter 11 OFFENSES AND MISCELLANEOUS PROVISIONS 1
Notes
| 1 | Cross reference(s)— Animals, ch. 3 ; buildings and building regulations, ch. 4 ; cemeteries, ch. 5 ; fire prevention and protection, ch. 6 ; licenses, permits and business regulations, ch. 9 ; nuisances, ch. 10 ; park regulations, § 12-26; police, ch. 13 ; solid waste management, ch. 15 ; taxicabs and vehicles for hire, ch. 18 ; traffic, ch. 19 . State law reference(s)— Criminal law, G.S. 14-1 et seq. |
ARTICLE I. IN GENERAL
(a) It shall be unlawful for any person to attach, place, post, paint, write, stamp, paste or in any manner affix or cause to be affixed any sign, advertisement, circular, bill or other matter upon any structure of a public or semipublic nature, including but not limited to lampposts, telegraph or telephone poles, electric light poles or supports, trees, fire hydrants, bridges or supports thereunder, pavements, sidewalks, buildings or any other structures or property belonging to the city.
(b) Violation of this section shall be a misdemeanor and shall be punishable as provided in N.C. Gen. Stat. § 14-4.
(Code 1965, § 18-1; Ord. No. 4910, § 2, 11-9-21)
State law reference(s)—Unlawful posting of advertisements, G.S. 14-145; outdoor advertising control act, G.S. 136-126 et seq.
(a) It shall be unlawful for any person to attach, place, paint, write, stamp, post, paste or in any manner affix or cause to be affixed any sign, advertisement, circular, bill or other matter to any privately owned property, including but not limited to any house or part thereof, building, wall, fence or part thereof, post, tree or other structure, without first obtaining written permission of the owner or his authorized agent to do so.
(b) Violation of this section shall be a misdemeanor and shall be punishable as provided in N.C. Gen. Stat. § 14-4.
(Code 1965, § 18-2; Ord. No. 4910, § 2, 11-9-21)
State law reference(s)—Unlawful posting of advertisements, G.S. 14-145.
On the trial of any alleged violation of section 11-1 or 11-2, proof that a sign, advertisement, circular, bill or other matter was attached, placed, posted, painted, written, stamped, pasted or in any manner affixed on any place or structure referred to in such sections shall be prima facie evidence that such was done or caused to be done by the person whose product, services, activity or function was publicized thereon.
(Code 1965, § 18-3)
(a) Definitions.
Accosting: approaching or speaking to an individual or individuals in such a manner as would cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon his or her person, or upon property in his or her immediate possession.
Beg, solicit or panhandle: use of the spoken, written, or printed word, or other acts as are conducted in the furtherance of the purpose of collecting contributions of any type for the person or group making the communication or for others. As used in this ordinance, the word, "solicit," and its forms, includes begging and panhandling. This definition shall not include transactions between family members or mutual acquaintances.
Financial Institution: any bank, industrial bank, credit union, or savings and loan association.
Forcing oneself upon the company of another.
(1) Continuing to solicit the individual addressed within eight (8) feet of that individual after that individual has made a negative response verbally, by physical sign, by attempting to leave the presence of the person soliciting, or by other negative indication;
(2) Blocking the passage of the individual solicited; or
(3) Otherwise engaging in conduct that could reasonably be construed as intending to compel or force a person to accede to a solicitation.
(b) Prohibited acts.
(1) It shall be unlawful for any person to beg, solicit, or panhandle, as defined in subsection (a), above:
a. By accosting another, or by forcing oneself upon the company of another;
b. Within 20 feet of the entrance to any financial institution, or any automatic teller machine;
c. Within any outdoor dining area permitted pursuant to section 16-146 or outdoor merchandise area permitted pursuant to section 16-147, provided such areas are in active use at the time, or by directing the begging, soliciting, or panhandling to anyone located within these spaces, provided such areas are in active use at the time;
d. Within eight (8) feet of any transit stop or taxi stand, by directing the begging, soliciting, or panhandling to anyone located within eight (8) feet of these spaces, or in a public transit vehicle;
e. While the person being solicited is standing in line waiting to be admitted to a commercial establishment;
f. By touching the person being solicited without that person's consent;
g. By blocking the path of a person being solicited or blocking the entrance or exit to any building or vehicle;
h. By or with the use of obscene or threatening language or fighting words, during the solicitation or following an unsuccessful solicitation;
i. By or with the use of any gesture or act intended to cause a reasonable person to be fearful of the solicitor or feel compelled to accede to the solicitation;
j. After dark, which shall mean one-half hour after sunset until one-half hour before sunrise, except in the manner permitted in high traffic zones;
k. While under the influence of alcohol or after having illegally used any controlled substance, as defined in the North Carolina Controlled Substance Act.
(2) Additional restrictions applicable to high traffic zones:
a. For purposes of this subsection (b)(2) only, the following definitions shall apply:
Beg, solicit or panhandle. The communication, by use of gestures or spoken words, by one person or group of persons directed at another person or group of persons, of a request for a contribution of any type to the person or group making the communication or to others. This definition shall not include transactions between family members or mutual acquaintances.
High traffic zones.
1. Zone 1: Within the area defined by a line drawn along the centerline of the following streets: starting at the intersection of Hilliard Avenue and Market Street, west along Hilliard Avenue to the intersection of Hilliard Avenue and French Broad Avenue; then north along French Broad Avenue to the intersection of French Broad Avenue and Haywood Street; then east Haywood Street to the intersection of Haywood Street and Montford Avenue; then north along Montford Avenue to the intersection of Montford Avenue and Cherry Street; then east along Cherry Street to the intersection of Cherry Street and Broadway Street; then south on Broadway Street to the intersection of Broadway Street and Woodfin Street; then east on Woodfin Street to the intersection of Woodfin Street and College Street; then south on Valley Street to the intersection of Valley Street and Marjorie Street; then west along Marjorie Street to the intersection of Marjorie Street and Davidson Street; then south on Davidson Street to the intersection of Davidson Street and Eagle Street; then west along Eagle Street to the intersection of Eagle Street and Market Street; then south on Market Street to the point of beginning.
2. Zone 2: Within Biltmore Village Historic District.
b. Prohibited acts. In addition to the restrictions set forth in section (b)(1), above, it shall be unlawful for any person to beg, solicit, or panhandle, as defined herein, within any high traffic zone.
(c) Penalty. A violation of this ordinance is a misdemeanor as set forth in North Carolina General Statute Section 14-4.
(d) Nothing in this section shall be construed to prohibit engaging in the distribution of newspapers on the non-traveled portion of any street or highway except when those distribution activities impede the normal movement of traffic on the street or highway.
(Code 1965, § 18-51; Ord. No. 2000, § 1, 12-15-92; Ord. No. 2977, § 1a, 11-12-02; Ord. No. 3023, § 1, 5-13-03; Ord. No. 5033, § 1, 9-12-23)
State law reference(s)—Authority to prohibit or regulate begging, G.S. 160A-179.
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