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(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.
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.
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)
(a) No owner, occupant or tenant in possession of any lot, piece or parcel of ground within the city shall have, make or maintain on such lot, piece or parcel of ground any well, hole or other excavation more than three feet deep, unless the excavation is securely enclosed by railing or otherwise to keep persons or animals from falling into the excavation.
(b) Violation of this section shall be a misdemeanor and shall be punishable as provided in N.C. Gen. Stat. § 14-4.
(Code 1965, § 18-21; Ord. No. 4910, § 2, 11-9-21)
State law reference(s)—Leaving unused well open and exposed, G.S. 14-287; removal or destruction of road barriers, G.S. 136-26.
(a) Definitions. In addition to the common meanings of words, the following definitions shall be applicable herein:
(1) Malt beverage shall mean beer, lager, malt liquor, ale, porter, and any other brewed or fermented beverage containing at least one-half of one (0.5) percent and not more than six percent, alcohol by volume.
(2) Open container shall mean a container whose seal has been broken or a container other than the manufacturer's unopened original container.
(3) Public street shall mean any highway, road, street, avenue, boulevard, alley, bridge, or other way within and/or under the control of the city and open to public use, including the sidewalks of any such street.
(4) Unfortified wine shall mean wine that has an alcoholic content produced only by natural fermentation or by the addition of pure cane, beet, or dextrose sugar.
(b) Consumption on the public streets and on municipal property prohibited. Except as provided hereinafter, it shall be unlawful for any person, who is not an occupant of a motor vehicle, to consume malt beverage and/or unfortified wine on the public streets in the city. Furthermore, it shall be unlawful for any person to consume malt beverage and/or unfortified wine on any property, whether located inside or outside the corporate limits, owned, occupied, or controlled by the city including, but not limited to, public parks, playgrounds, recreational areas, tennis courts, and other athletic fields, but excluding specifically locations for which the city manager, civic center director or parks and recreation director have authorized application for and for which an ABC permit has been issued and only according to the requirements of that ABC permit.
(c) Possession of open containers on the public streets and on municipal property prohibited. Except as provided hereinafter, it shall be unlawful for any person, who is not an occupant of a motor vehicle, to possess any open container of malt beverage and/or unfortified wine on the public streets in the city. Furthermore, it shall be unlawful for any person to possess any open container of malt beverage and/or unfortified wine on any property, whether located inside or outside the corporate limits, owned, occupied, or controlled by the city including, but not limited to, public buildings and the grounds appurtenant thereto, municipal parking lots, public parks, playgrounds, recreational areas, tennis courts, and other athletic fields, but excluding specifically locations for which the city manager, civic center director or parks and recreation director have authorized application for and for which an ABC permit has been issued and only according to the requirements of that ABC permit.
(d) Possession during community events and festivals prohibited. It shall be unlawful for any person to possess malt beverages and/or unfortified wine on public streets, alleys, or parking lots which are temporarily closed to regular traffic for community events and festivals, unless the city council adopts a resolution making other provisions for the possession of malt beverages and/or unfortified wine at the community events and festivals.
(e) Possession and consumption allowed during certain community events and festivals. A person who is not an occupant of a motor vehicle and who is of the age permitted by North Carolina Statute may consume or possess malt beverages and/or unfortified wine on the public streets and on any property, whether located inside or outside the corporate limits, owned, occupied or controlled by the city, if the city council has adopted a resolution making provisions for the possession and consumption of malt beverages and/or unfortified wine at a community event or festival.
(f) Possession and consumption allowed in certain outdoor dining areas. A person who is not an occupant of a motor vehicle and who is of the age permitted by North Carolina Statute may consume or possess malt beverages and/or unfortified wine in outdoor dining areas for which an ABC permit and a city permit for an outdoor dining area, as set forth in Article V of Chapter 16 of the Code of Ordinances of the City of Asheville, have been issued.
(g) Penalty. Violation of this section, or any subsection, shall constitute a misdemeanor, punishable in accordance with N.C. Gen. Stat. sec. 14-4.
(Code 1965, § 18-22; Ord. No. 2281, § 1, 5-14-96; Ord. No. 2315, § 1, 9-10-96)
State law reference(s)—Authority of city to regulate the consumption of malt beverages and unfortified wine on city property, G.S. 18B- 300; no prosecution for public intoxication, G.S. 14-447.
(a) It shall be unlawful for any person to leave outside of any building or dwelling in a place accessible to children any abandoned, unattended or discarded icebox, refrigerator or any other container of any kind that has an airtight snap lock or other device thereon, without first removing the snap lock or door from the icebox, refrigerator or container.
(b) This section shall not apply to such icebox, refrigerator or any other container of any kind which is crated, strapped or locked to such an extent that it is impossible for a child to obtain access to any airtight compartment thereof.
(c) Any person violating, failing, refusing or neglecting to comply with any of the provisions of this section shall be assessed a penalty of $10.00, and each and every day during which such violation continues shall be a separate and distinct offense.
(Code 1965, § 18-23)
State law reference(s)—Discarding or abandoning iceboxes, etc., precautions required, G.S. 14-318.1.
(a) No person shall erect any dam or obstruction of any kind which prevents the natural flow of water and causes such water to be dammed or collected in pools upon any lot within the city or in any street or alley thereof or do or cause to be done any work, the effect of which will cause the formation of such a pool. Nothing in this section shall prevent the owner of any lot from filling up such pool as may be convenient, advantageous or desirable, if adequate drainage is provided through or across such lot to care for the surface water thereby collected or diverted from its natural flow, and nothing in this section shall affect the right of the city to change the grade of its streets, alleys or public ways as the public interests may require.
(b) Every person owning land through which or through part of which a stream, ditch, gully or any natural drain runs shall keep the bed of such stream, ditch, gully or natural drain free from obstructions and shall not allow any growth of weeds or shrubbery on or along the banks which will prevent sunlight from entering such stream, ditch, gully or natural drain. When water overflows or floods from pools or backwaters therein, the pools shall be promptly drained.
(Code 1965, § 14-5)
State law reference(s)—Noxious weed abatement, G.S. 106-421; sanitation of watersheds, rules, inspections, G.S. 130A-320.
(a) No person shall stand, sit or loiter in or on any street, highway, roadway or median strip to solicit the occupant of any vehicle; to distribute merchandise to the occupant of any vehicle; or to stop or attempt to stop any vehicle for these purposes, except as outlined below.
(b) A person may stand, sit, or loiter in or on any street or highway, including the shoulders or median strip, to solicit or accept contributions of any type from the occupants of a stopped vehicle or distribute merchandise to the occupants of any stopped vehicle if the person has a permit issued pursuant to N.C. Gen. Stat. § 20-175(e), and if the person is not otherwise violating the law. The issuance of such permits is hereby authorized pursuant to N.C. Gen. Stat. § 20-175(e).
(c) A person may also stand, sit, or loiter on sidewalks to solicit contributions or accept contributions of any type from the occupants of a stopped vehicle or distribute merchandise to the occupants of any stopped vehicle if the person is not otherwise violating the law, including City Code section 11-5.
(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.
(e) Nothing in this section shall be construed to permit additional restrictions or prohibitions on the activities of licensees, employees, or contractors of the Department of Transportation or of any municipality engaged in construction or maintenance or in making traffic or engineering surveys except as provided in N.C. Gen. Stat. § 20-175(e).
(f) If any person is found to have violated any provision of this ordinance, such person or persons shall be guilty of a class 3 misdemeanor and shall be fined not more than $500.00. Each violation shall constitute a separate offense.
(Ord. No. 2905, § 1, 3-12-02; Ord. No. 4910, § 2, 11-9-21; Ord. No. 5034, § 1, 9-12-23)
(a) No person shall urinate or defecate upon any public street, road, alley, sidewalk, walkway, right-of-way or ground, or public property except for properly designated restrooms.
(b) A violation of this section is a misdemeanor as set forth in North Carolina General Statute Sec. 14-4.
(Ord. No. 2977, § 1b, 11-12-02)
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