CHAPTER 89:  MISCELLANEOUS OFFENSES
Section
Cleanliness of premises; Littering; Solid Waste
   89.01   Definitions
   89.02   Cleanliness of premises required
   89.03   Littering prohibited
   89.04   Transportation of solid waste
   89.05   Burning, dumping or burying solid wastes prohibited
Weapons
   89.20   Discharge of firearms and air rifles prohibited
   89.21   Possession of firearms or air rifles prohibited on town-owned property
Alcoholic Beverages Regulations
   89.35   Definitions
   89.36   Display of alcoholic beverages prohibited
   89.37   Public consumption prohibited
   89.38   Possession of open container prohibited
   89.39   Exceptions
 
   89.99   Penalty
CLEANLINESS OF PREMISES; LITTERING; SOLID WASTE
§ 89.01  DEFINITIONS.
   For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   LITTER. All discarded human-made refuse, including, but not limited to, garbage, trash, junk, and other solid wastes.
   PREMISES. The unenclosed areas of a parcel of property, including yards, driveways, sidewalks, alleys, rights-of-way, grass strips and curbs up to the edge of the pavement of any public street.
   PUBLIC PROPERTY.  Any town property, including public buildings and the grounds appurtenant thereto, municipal parking lots, public parks, playgrounds, recreational areas, and athletic fields, and any public street, sidewalk, alley, greenway or other public place.
   REFUSE. Garbage, trash, and any other solid wastes.
   SOLID WASTES. Wastes that are non-gaseous and non-liquid (except that, liquid wastes resulting from the processing of food are deemed solid wastes for the purposes of this chapter).
(Ord. passed 12-16-2019)
§ 89.02  CLEANLINESS OF PREMISES REQUIRED.
   (A)   It shall be unlawful for any owner, occupant, or person in control of any property within the town to permit to remain on such property any empty bottles, empty cans, junk, household appliances, furniture, trash, filth, debris, dead animals, garbage, trash, rubbish or other refuse or solid waste of any kind whatsoever, unless such solid wastes are stored in containers or maintained for collection in accordance with the requirements of Chapter 91 of this Code. It shall be the duty of any owner, occupant, and person in control of any property within the town to keep the premises of such property in a clean, healthy, wholesome and sanitary condition at all times.
   (B)   It shall be unlawful for any owner, occupant, or person in control of any property within the town to fail to store refuse in containers as specified in Chapter 91 of this code so as to eliminate wind-driven debris and unsightly litter in and about their premises or establishments, or fail to immediately clean up any spillage and overflow as it occurs.
   (C)   It shall be unlawful for any construction and/or demolition contractor to fail to provide on-site refuse receptacles, bulk containers or detachable containers for loose debris, paper, building material waste, scrap building material and other trash produced by those working on the site. All material shall be containerized by the end of each day and the site shall be kept in a reasonably clean and litter-free condition. The number of refuse receptacles, bulk containers or detachable containers shall be determined by the size of the job. Dirt, mud, construction materials or other debris deposited upon any public property or the private property of another as a result of construction or demolition shall be immediately removed by the contractor. Construction sites shall be kept clean and orderly at all times.
(Ord. passed 12-16-2019)
§ 89.03  LITTERING PROHIBITED.
   (A)   It shall be unlawful for any person to place or deposit any refuse on any public property or on the property of another without authorization to do so, or to place refuse in such a manner that it may be carried or deposited by the elements upon any public property or upon the property of another. 
   (B)   It shall be unlawful for any owner or keeper of any dog or other animal to allow fecal matter excreted by or from said animal to be placed or deposited upon any public property or upon the property of another without authorization to do so. It shall also be unlawful to allow such matter to be placed or deposited in such a manner that it may be carried or deposited by the elements upon any public property or upon the property of another.
(Ord. passed 12-16-2019)
§ 89.04  TRANSPORTATION OF SOLID WASTE WITHIN TOWN.
   It shall be unlawful for any person to transport or cause to be transported within the town any solid wastes unless the solid wastes are so secured that no solid wastes escape from the transporting vehicle. In addition, any garbage so transported shall be carried in closed containers that prevent the escape of noxious odors or liquids.
(Ord. passed 12-16-2019)
§ 89.05  BURNING, DUMPING OR BURYING SOLID WASTES PROHIBITED.
   (A)   It shall be unlawful for any person to burn or cause to be burned any refuse.
   (B)   It shall be unlawful for any person to dump upon any public property or property of another within the town any refuse, dead animals, decaying vegetable or animal matter or other solid wastes or offensive materials. 
   (C)   It shall be unlawful for any person to bury or cause to be buried any refuse.
(Ord. passed 12-16-2019)
WEAPONS
§ 89.20  DISCHARGE OF FIREARMS AND AIR RIFLES PROHIBITED.
   (A)   Subject to division (B) below, no person may discharge any firearm within the town.
   (B)   Division (A) above shall not apply to persons acting in justifiable self-defense or pursuant to the lawful directions of a law-enforcement officer, nor to law-enforcement officers acting in a lawful performance of their duties. Division (A) above shall not apply to the discharge of firearms within fully enclosed and indoor shooting ranges, constructed and operating in compliance with the State Building Code, the town's Uniform Development Ordinance, the federal Occupational Health and Safety Act, as amended, and its regulations, the National Fire Protection Association Standards and State Fire Code, and other laws and regulations as may be established or exist which dictate the construction and operational standards which an indoor shooting range must meet. No indoor shooting range may exist within the town unless the owner of the indoor shooting range (hereinafter, "proprietor") has submitted to the Chief of Police operating rules concerning employee and invitee or licensee (patron) use of the indoor shooting range, and the Chief of Police has, in writing, issued an opinion that the rules adequately protect the safety of the public and those rules are fully implemented and enforced.
   (C)   No person may discharge or shoot within the town any air rifle, air pistol, B-B gun or similar weapon (hereinafter, collectively "air rifle") within 100 yards of any building or house or gathering of people, except in a fully enclosed and indoor facility, constructed and operating in compliance with the State Building Code, the town's Uniform Development Ordinance, the federal Occupational Health and Safety Act, as amended, and its regulations, the National Fire Protection Association Standards and State Fire Code, and other laws and regulations as may be established or exist which dictate the construction and operational standards which the indoor facilities must meet. No facility may exist within the town unless its proprietor has submitted to the Chief of Police operating rules concerning employee and invitee or licensee (patron) use of the indoor shooting range, the Chief of Police has, in writing, issued an opinion that the rules adequately protect the safety of the public, and those rules are fully implemented and enforced.
   (D)   No indoor shooting range or facility for the discharge of any air rifle may operate within the town where the proprietor is not also the owner of the real property upon which it is situated unless:
      (1)   The proprietor designates a person who is a resident of the county as a person who has full authority to act on behalf of the proprietor in responding to complaints concerning the operation of the shooting range or facility, and that person's name and contact information is posted at the shooting range or facility in plain view of the public so that it may be read without a person having to enter the shooting range or facility in order to do so; and
      (2)   The proprietor obtains and maintains liability insurance covering injuries and property damage to persons using the shooting range or facility in an amount no less than $2,000,000 per injury and claim and provides proof of the insurance to the town upon request.
(Ord. passed 12-16-2019)
Statutory Reference:
   See also, G.S. 160A-189
§ 89.21  POSSESSION OF FIREARMS OR AIR RIFLES PROHIBITED ON TOWN-OWNED PROPERTIES.
   (A)   Except as provided in the following divisions of this section, no person may possess a firearm or air rifle in any town-owned building or on the grounds or parking areas of any such building.
   (B)   The Town Manager or designee shall post all town-owned buildings and the grounds and parking areas of such buildings with signage notifying persons that concealed handguns are prohibited in those buildings and areas. Only where such postings have been made shall the foregoing prohibition of division (A) on possession of firearms be effective with respect to a person carrying a concealed handgun pursuant to a valid concealed-carry permit.
   (C)   Division (A) above shall not apply to law enforcement officers acting in lawful performance of their duties, to any person specifically authorized by the Town Manager to possess a firearm in town-owned buildings or on the grounds or parking areas of such buildings, or to private persons acting in justifiable self-defense or pursuant to the lawful directions of a law-enforcement officer.
   (D)   Nothing in this section shall be deemed to prohibit a person from storing a firearm within a motor vehicle while the vehicle is on the grounds or parking area of a town building.
(Ord. passed 12-16-2019)
Cross-reference:
   See also with respect to prohibitions on firearm possession in town parks and other recreational facilities, see Town Code §§ 100.01 and 100.03
Statutory Reference:
   See also G.S. 14-409.40(f), G.S. 14-415.13 and G.S.160A-189
ALCOHOLIC BEVERAGES REGULATIONS
§ 89.35  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   MALT BEVERAGE. Beer, lager, malt liquor, ale, porter and any other brewed or fermented beverage containing at least 0.5%, and not more than 15% alcohol by volume. Any MALT BEVERAGE containing more than 6% alcohol by volume shall bear a label clearly indicating the alcohol content of the MALT BEVERAGE. See also G.S. § 18B-101(9).
   OPEN CONTAINER. A container whose seal has been broken or a container other than the manufacturer's unopened original container.
   UNFORTIFIED WINE. Any wine of 16% or less alcohol by volume made by fermentation from grapes, fruits, berries, rice or honey; or by the addition of pure cane, beet or dextrose sugar; or by the addition of pure brandy from the same type of grape, fruit, berry, rice or honey that is contained in the base wine and produced in accordance with the regulations of the United States. See also G.S. § 18B-101(15).
(Ord. passed 12-16-2019)
Statutory reference:
   Local ordinance, authority, see G.S. § 18B-300(c)
§ 89.36  DISPLAY OF ALCOHOLIC BEVERAGES PROHIBITED.
   No person shall display any alcoholic beverages on any public property within the town unless the alcoholic beverage is contained in its original factory-sealed container.
(Ord. passed 12-16-2019)
§ 89.37  PUBLIC CONSUMPTION PROHIBITED.
   It shall be unlawful for any person who is not an occupant of a motor vehicle to consume malt beverages and/or unfortified wine on public property within the town.
(Ord. passed 12-16-2019)
§ 89.38  POSSESSION OF OPEN CONTAINERS PROHIBITED.
   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 public property within the town.
(Ord. passed 12-16-2019)
§ 89.39  EXCEPTIONS.
   (A)   Possession and consumption of malt beverages and/or unfortified wine shall be permitted at the Jones House Community Center, Daniel Boone Gardens, Daniel Boone Park and at Town Council-approved special events; provided, however: 
      (1)   Appropriate permits must be obtained as required by law for the possession and consumption of alcoholic beverages;
      (2)   The sponsor of the event or gathering where possession and consumption of malt beverages and/or unfortified wine is to occur must obtain appropriate liability insurance to protect against personal injury and property damage; and
      (3)   Approval must be obtained in advance from the Town Manager, and such approval may be conditioned upon appropriate safety measures.
   (B)   Nothing herein shall be interpreted to require the town to apply for required permits or insurance coverage unless the town itself is the sponsor of the event.
(Ord. passed 12-16-2019)
§ 89.99  PENALTY.
   (A)   Except as otherwise provided below, a violation of any provision of this chapter shall subject the offender to a civil penalty in the amount of $50 and shall constitute an infraction and be subject to a fine of not more than $50 or imprisonment for not more than 30 days, or both.
   (B)   Discharge of a firearm in violation of § 89.06(A) of this chapter shall constitute a Class 3  misdemeanor and be subject to a fine of not more than $500 or imprisonment for not more than 30 days, or both.
   (C)   The town may seek to enforce a violation of this chapter through any appropriate equitable action.
   (D)   Each day that a violation continues after the offender has been notified of the violation shall constitute a separate offense.
   (E)   A second or subsequent violation of the same provision of this chapter in the same 12-month period shall result in assessment of a civil penalty in the amount of $100 for the second violation and $250 for the third and any subsequent violation.
(Ord. passed 12-16-2019)