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Asheville Overview
Asheville, NC Code of Ordinances
ASHEVILLE, NORTH CAROLINA CODE OF ORDINANCES
SUPPLEMENT HISTORY TABLE
PART I - CHARTER AND RELATED LAWS
Chapter 1 GENERAL PROVISIONS
Chapter 2 ADMINISTRATION
Chapter 3 ANIMALS
Chapter 4 BUILDINGS AND BUILDING REGULATIONS
Chapter 4.5 CABLE SERVICES AND TELECOMMUNICATIONS
Chapter 5 CEMETERIES
Chapter 6 FIRE PREVENTION AND PROTECTION
Chapter 7 DEVELOPMENT
Chapter 8 HISTORIC PRESERVATION
Chapter 9 TAXES, PERMITS AND BUSINESS REGULATIONS
Chapter 10 NUISANCES
Chapter 11 OFFENSES AND MISCELLANEOUS PROVISIONS
Chapter 12 PARKS, RECREATION AND PUBLIC PLACES
Chapter 13 POLICE
Chapter 15 SOLID WASTE MANAGEMENT
Chapter 16 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
Chapter 18 TAXICABS AND VEHICLES FOR HIRE
Chapter 19 TRAFFIC
Chapter 20 TREES
Chapter 21 WATER DISTRIBUTION SYSTEM
APPENDIX A SIGN REGULATIONS
APPENDIX B SCHEDULE OF CIVIL PENALTIES
APPENDIX C TRAFFIC SCHEDULES
APPENDIX D HISTORIC LANDMARKS
APPENDIX E PARKING METER ZONES
APPENDIX F SCHEDULE OF TAXICAB FARES
APPENDIX G RECREATIONAL FACILITIES WHERE CONCEALED HANDGUNS ARE PROHIBITED
APPENDIX H DESIGNATED STREET PERFORMANCE HIGH IMPACT AREAS
CODE COMPARATIVE TABLE 1965 CODE
CODE COMPARATIVE TABLE ORDINANCES
STATE LAW REFERENCE TABLE
Asheville, Standard Specifications and Details Manual
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Sec. 11-2. Same—Posting on private property without consent of owner.
(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.
Sec. 11-3. Same—Evidence in prosecution.
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)
Sec. 11-4. Reserved.
Editor's note(s)—Ord. No. 4910, § 2, adopted November 9, 2021, repealed § 11-4, which pertained to advertising by distribution of samples or printed matter, and derived from the Code of 1965, § 18-4)
Sec. 11-5. Public solicitation and begging regulated.
(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.
Sec. 11-6. Damaging or destroying property.
(a)   It shall be unlawful for any person to mutilate, deface, tear down, injure or otherwise damage or destroy any property, real or personal, belonging to another, whether such property is privately or publicly owned.
(b)   Violation of this section shall be a misdemeanor and shall be punishable as provided in N.C. Gen. Stat. § 14-4.
(Code 1965, § 18-6; Ord. No. 4910, § 2, 11-9-21)
State law reference(s)—Willful and wanton injury to real property, G.S. 14-127; willful and wanton injury to personal property, G.S. 14-160.
Sec. 11-7. Discharge of firearms or weapons.
No person shall shoot or discharge, within the corporate limits of the city, any firearm, gun, rifle, pistol, air rifle, spring gun or compressed air rifle or pistol or other similar device or weapon which impels or discharges with force any bullet, shot or pellet of any kind, including arrows with metallic tips or sharp tips of any nature, designed to penetrate and propelled by a bow or spring device.
(a)   This section shall not apply to any law enforcement officer of any governmental agency or body charged with the duties of protecting life or property or enforcing laws and regulations while engaged in the performance of his official duty.
(b)   This section shall not apply in defending one's self or property or the safety and property of others nor to a firing or archery range operated or supervised by an individual, club or organization for educational or sporting purposes, if such firing or archery range has first been inspected and approved by the police department.
(c)   This section shall not apply, to deer hunting by bow and arrow or crossbow ("collectively archery"), as defined by the North Carolina Wildlife Resources Commission, on private property, solely for the purpose of controlling the deer population (and no other wildlife), and further complies with the restrictions described below. This exception shall apply only during the Western Deer Season, or outside of season with a valid depredation permit issued by the N.C. Wildlife Resource Commission. A person may engage in deer archery on his or her own property if he or she has on his or her person a valid hunting licenses and written notice to proceed issued by Asheville Police Department ("APD"), or on the property of another in their absence if he or she has on his or her person a valid hunting license, written permission from the property owner or the property owner's authorized agent or manager, and written notice to proceed issued by the APD described in this section. Parcels or tracts of land that are either owned by a person engaged in deer archery or for which that person has been given written permission to hunt shall be hereinafter referred to as the "property of consent." Archery may be permitted if all of the following conditions are met:
(1)   The property of consent must be twenty (20) acres or greater in area and may be comprised of contiguous parcels or tracts; and
(2)   Deer Archery must be conducted from a permanent or portable elevated platform of at least ten (10) feet above the ground; and
(3)   No arrow shall be discharged within two hundred and fifty (250) feet from any residential dwelling, public right of way, street, highway, school, church, government property, occupied structure, park, or other recreational area, nor shall any arrow be discharged within two hundred and fifty (250) feet of the perimeter of the property of consent; and
(4)   No deer archery shall commence without a posting, located as to sufficiently alert the public, that hunting by archery is occurring on the property of consent; and
(5)   There is a valid hunting season in effect, or by valid depredation permit issued by the N.C. Wildlife Resource Commission, for which the hunting license applies at the time the bow or crossbow is discharged; and
(6)   Hunters shall make every reasonable effort to track wounded deer for the purposes of completing the harvest and recovering the carcass; 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.
Prior to commencing any deer archery activity on the property of consent, the Property Owner or third party with property owner's consent, must present all of the aforementioned documentation (i.e. proof property size, written permission, copy of hunting license, depredation permit) to the Asheville Police Department ("APD") for review and approval. APD may inspect the property as part of this approval process. If approved, APD may issue a written notice to proceed to the Property Owner.
(d)   Violation of this section shall be a misdemeanor and shall be punishable as provided in N.C. Gen. Stat. § 14-4.
(Code 1965, § 18-7; Ord. No. 1654, 10-6-87; Ord. No. 4802, § 1, 5-12-20; Ord. No. 4910, § 2, 11-9-21)
State law reference(s)—Authority to regulate or prohibit the discharge of firearms, G.S. 160A-189; authority to regulate pellet guns and similar devices, G.S. 160A-190.
Sec. 11-8. Seizure of firearms or weapons.
The chief of police or any member of the police department is hereby authorized to seize, hold and confiscate, subject to order of the court, any firearm, weapon, air rifle or similar device mentioned in section 11-7 which is shot or discharged within the city in violation of such section.
(Code 1965, § 18-8)
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