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(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)
(a) It shall be unlawful for any person to sleep outdoors on any of the streets, sidewalks or public parks in such a way, or in such a manner, as to interfere with pedestrian or vehicular traffic, or permitted activities.
(b) A violation of this ordinance is a misdemeanor as set forth in North Carolina General Statute Sec. 14-4.
(Ord. No. 2977, § 1c, 11-12-02)
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