(A) Purpose. The streets and public areas within the town should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes interferes with the rights of others to use the areas for which they were intended. Such activity can constitute a public health and safety hazard, which adversely affects neighborhoods and commercial spaces. Camping on private property without the owner’s consent, without proper sanitary measures, and for other than a minimal duration adversely affects private property rights as well as public health, safety, and welfare of the town. The purpose of this section is to maintain streets, parks, and other public and private areas within the town in a clean, sanitary, and accessible condition and to protect the health, safety, and public welfare of the community while recognizing that subject to reasonable conditions, camping and camp facilities associated with special events can be beneficial to the cultural and educational climate in the town. Nothing in this section is intended to interfere with otherwise lawful and ordinary uses of public or private property.
(B) Definitions. As used in this section, the terms listed below shall have the following definitions in addition to their ordinary dictionary definitions, unless a different meaning is required by context.
CAMP or CAMPING. Sleeping, making preparations to sleep (including lying down or the laying down of bedding for the purpose of sleeping), and/or storing personal belongings; the placement of tents, huts, tarps; parking of a motor vehicle, motor home or trailer, or mooring of a vessel or any other type of structure for living accommodation purposes.
CAMP FACILITIES. Include, but are not limited to, tents, huts, vehicles, vehicle camping outfits or temporary shelter.
ESTABLISH. Setting up or moving equipment, supplies or materials onto public or private property to camp or operate camp facilities.
MAINTAIN. Keeping or permitting equipment, supplies, or materials to remain on public or private property to camp or operate camp facilities.
OPERATE. Participating or assisting in establishing or maintaining a camp or camp facility.
PRIVATE PROPERTY. All privately-owned property including, but not limited to, streets, sidewalks, alleys, and improved or unimproved land.
PUBLIC PROPERTY. All town-owned property including, but not limited to, streets, sidewalks, alleys, improved or unimproved land, and parks.
STORE. To put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
TRAIL FACILITY. Any Class 1 trail, bicycle or multi-use trail, or natural trail that is owned, maintained, or operated by the town, including any area or access point adjoining the trail which the town owns or maintains an easement.
UNATTENDED PROPERTY. No person is present with the personal property that asserts or claims ownership over the personal property. Conversely, the property is considered “attended” if a person is present with the personal property and the person claims ownership over the personal property.
VEHICLE. Defined by G.S. § 20-4.01 as it now exists or may hereafter be amended.
(C) Unlawful camping on public property. It is unlawful to camp upon any public property within town limits, including, without limitation, streets, sidewalks, parking lots, parking structures, easements, open spaces, parks, cemeteries, real property or corporation yards. Any encampment on publicly-owned property within the town that is deemed a high risk to the public's health and safety will be posted “No Trespass”, removed and cleaned. Camping as defined in this section is deemed a public nuisance, and the town may summarily remove a temporary shelter, bedding or personal belongings.
(D) Permitted camping during special events. Camping on public or private property permitted only as a temporary ancillary use during an approved and permitted special event approved by the Board of Aldermen.
(E) No storage on public property. It is prohibited to leave or allow to remain unattended any equipment, packages, bags or other personal belongings on public property unless in direct relation to a permitted special event approved by the Board of Aldermen. Any such item is subject to removal by the town. This prohibition does not apply to bicycles, carts, strollers or other means of personal transportation, secured in such a way as to not obstruct a street or sidewalk, or to interfere with the use of town property. This section shall not apply to offices or other non-public areas assigned to or under the control of town employees or agents.
(F) Enforcement. Any sworn law enforcement officer shall have the authority to enforce this section.
(1) Penalty. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor as provided in G.S. § 14-4 and, upon conviction, shall be subject to a maximum fine of $500 per occurrence pursuant with § 10.99 of this code.
(2) Severability. If any provision of this section is declared invalid or unconstitutional for any reason, the remaining provisions shall be severable and shall continue in full force and effect.
(Ord. passed 2-14-2023)