CHAPTER 131: OFFENSES AGAINST PUBLIC PEACE
Section
   131.01   Curfew
   131.02   Public possession or consumption of alcohol prohibited
   131.03   Loitering
 
   131.99   Penalty
§ 131.01 CURFEW.
   (A)   It shall be unlawful for any parent, guardian, or any person standing in the place of a parent, to permit their child or children, or any child or children in their care and charge, under 16 years of age, to be on the streets or about any public place in the town after 10:30 p.m. unattended by the parent, parents, guardian, or other person having the care and charge of the child, or some adult designated by the parents, guardian, or person standing in the place of parents of the child or children.
   (B)   It shall be unlawful for any child under 16 years of age to be found on the streets or at any public place in the town, after 10:30 p.m., unattended by his or her parent, parents, guardian or other person standing in the place of the parents or having the care and charge of the child.
   (C)   Any person violating division (B) above shall be tried in the Juvenile Court and, upon conviction, shall be punished as the Juvenile Court deems advisable as in the case of juvenile delinquency.
   (D)   This section does not apply to a minor who is:
      (1)   Accompanied by the minor’s parent or guardian;
      (2)   On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
      (3)   In a motor vehicle involved in interstate travel;
      (4)   Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
      (5)   Involved in an emergency;
      (6)   On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor’s presence;
      (7)   Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;
      (8)   Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
      (9)   Married or had been married or had disabilities of minority removed in accordance with state law.
(Prior Code, § 84.20) Penalty, see § 131.99
§ 131.02 PUBLIC POSSESSION OR CONSUMPTION OF ALCOHOL PROHIBITED.
   (A)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ALCOHOLIC BEVERAGE. Any beverage containing at least 0.5% alcohol by volume, including malt beverages, unfortified wine, fortified wine, spirituous liquor, mixed beverages, and any alcohol consumable.
(G.S. § 18B-101(4))
      FORTIFIED WINE. Any wine or alcohol consumable containing more than 16% and no more than 24% 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.
(G.S. § 18B-101(7))
      MALT BEVERAGE. Beer, lager, malt liquor, ale, porter, and any other brewed or fermented beverage or alcohol consumable 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.
(G.S. § 18B-101(9))
      MIXED BEVERAGE.  
         (a)   A drink composed in whole or in part of spirituous liquor and served in a quantity less than the quantity contained in a closed package; or
         (b)   A premixed cocktail served from a closed package containing only one serving.
(G.S. § 18B-101(10))
      NON-TAX PAID ALCOHOLIC BEVERAGE. Any alcoholic beverage upon which the taxes imposed by the United States, this state, or any other territorial jurisdiction in which the alcoholic beverage was purchased have not been paid.
(G.S. § 18B-101(11))
      OPEN CONTAINER. A container whose seal has been broken, or a container other than the manufacturer’s unopened original container.
(G.S. § 18B-300(c))
      PUBLIC STREET. Any highway, road, street, alley, bridge, or way within and/or under the control of the town and open to public use, including the sidewalks of any street.
      SPIRITUOUS LIQUORS. Distilled spirits, or ethyl alcohol, and any alcohol consumable containing distilled spirits or ethyl alcohol, including spirits of wine, whiskey, rum, brandy, gin, and all other distilled spirits and mixtures of cordials, liqueur and premixed cocktails, in closed containers regardless of their dilution.
(G.S. § 18B-101(14))
      UNFORTIFIED WINE. Any wine or alcohol consumable containing 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.
(G.S. § 18B-101(15))
   (B)   It shall be unlawful for any person to consume malt beverages and/or unfortified wine on the public streets. Furthermore, it shall be unlawful for any person to consume malt beverages and/or unfortified wine on any property, whether located inside or outside the corporate limits, owned, occupied, or controlled by the town including, but not limited to, public buildings and the grounds appurtenant thereto, municipal parking lots, public parks, playgrounds, recreational areas, tennis courts, cemeteries, and other athletic fields, except as authorized by special permit issued by the town at a charge set by the town.
   (C)   It shall be unlawful for any person to possess any open container of malt beverage and/or unfortified wine on the public streets. 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 town including, but not limited to, public buildings and the grounds appurtenant thereto, municipal parking lots, public parks, playgrounds, recreational areas, tennis courts, cemeteries, and other athletic fields.
   (D)   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 special events.
(Prior Code, § 84.07) (Amended - - ) Penalty, see § 131.99
§ 131.03 LOITERING.
   (A)   A person commits a violation if he or she loiters or prowls in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person takes flight upon appearance of a police officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstances makes it impractical, a police officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting the person to identify himself or herself and to explain his or her presence or conduct. No person shall be convicted of an offense under this section if the police officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the person was true and, if it had been believed by the police officer at the time, would have dispelled the alarm. Any police officer may arrest any person suspected of being a loiterer or prowler without a warrant if it reasonably appears that the delay in arresting the suspect caused by obtaining a warrant would result in the suspect’s escape.
   (B)   It shall be unlawful for any person, after first being warned by a police officer, or where a “no loitering” sign or signs have been posted, to loiter, stand, sit, or lie in or upon any public or quasi-public sidewalk, street, curb, cross-walk, walkway area, mall or that portion of private property utilized for public use, so as to hinder or obstruct unreasonably the free passage of pedestrians or vehicles thereon. It shall be unlawful for any person to block, obstruct, or prevent free access to the entrance to any building open to the public.
   (C)   For the purpose of this section, PUBLIC PLACE has the following definition unless the context clearly indicates or requires a different meaning: an area generally visible to public view, including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public, including those which serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
(Prior Code, § 84.08) Penalty, see § 131.99
Statutory reference:
   Violation of local ordinance misdemeanor, see G.S. § 14-4(a)
§ 131.99 PENALTY.
   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
   (B)   Violation of § 131.02 shall constitute a misdemeanor punishable in accordance with G.S. § 14-4.
(Prior Code, § 84.07)
   (C)   Any person or persons convicted of a violation of § 131.03 shall be punished as a Class 3 misdemeanor.
(Prior Code, § 84.08)