(A) Definitions. The following words, terms and phrases, when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) ASSEMBLE OR ASSEMBLING. To make a public display or demonstration of sentiment for or against a person or cause, including protesting which may include the distribution of leaflets or handbills, the display of signs and/or flags and any oral communication or speech, which may involve an effort to persuade or influence, including all expressive and symbolic conduct, whether active or passive, so long as the conduct does not violate the law.
(2) CAMP OR CAMPING. The use of county property for living accommodation purposes such as sleeping, or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or storing personal belongings, or placing any tents or a temporary shelter on county property for living accommodation purposes.
(3) OBSTRUCT. To interfere with pedestrian or vehicular movement on a public road way,
public sidewalk, public right-of-way, entrance or exit to private property, or any other area open to the public.
(4) SIDEWALK. That portion of the street right-of-way which is designated for the use of pedestrians and may be paved or unpaved and shall include easements and rights-of-way.
(5) TEMPORARY SHELTER. Tents, tarps, or any type of structure or cover that provides partial shelter from the elements.
(B) Standards of conduct for assemblies. Assemblies held on County property must abide by the following standards of conduct:
(1) Assemblies cannot at any time nor in any way obstruct, interfere with, or block the following: persons entering or exiting from vehicles; persons crossing streets or otherwise using the public way; the entrance or exit to any building or access to property abutting the street or sidewalk; emergency personnel in the performance of their duties; or pedestrian or vehicular traffic. Assemblies shall not be conducted on any public roadway used primarily for vehicular traffic, nor interfere with the business of the county or state. Parking must be in designated parking spaces.
(2) Assemblers may carry written or printed placards or signs provided the words used would not tend to incite violence. The staff or pole on which a sign, flag, or banner may be carried shall be made of corrugated material, plastic, or wood and shall not be made of metal or metal alloy. If made of wood, the staff or pole shall be no greater than three-fourths inch in diameter at any point. A staff or pole must be blunt at both ends. The pole or staff of any flag displayed must be continuously held by an assembler.
(3) If more than one group of assemblers desires to assemble at the same time at or near the same location, law enforcement officers may, without regard to the purpose or content of the message, assign each group a place to assemble in order to preserve the public peace. Members of a group shall not enter an area assigned to another group.
(4) Spectators of assemblies shall not physically interfere with individuals engaged inassembling. Assemblers and spectators of assemblies shall not speak fighting words or threats that would tend to provoke a reasonable person to a breach of the peace.
(5) Parking is restricted to designated parking spaces.
(6) Nothing in this section prohibits a law enforcement officer from issuing a command to disperse in accordance with G.S. 14-288.5 in the event of a riot or disorderly conduct by an assemblage of three or more persons.
(C) Prohibited activities on public property. The following activities are prohibited on public property:
(1) Except within designated areas in County parks, it shall be unlawful for anyone to camp on any public property owned by the County, including public rights-of-way and sidewalks. Camping is deemed a public nuisance and the County may summarily remove a temporary shelter, bedding or personal belongings.
(2) It shall be unlawful to light or use a campfire or bonfire on County property, unless otherwise permitted.
(3) It shall be unlawful for any person, other than governmental employees or its agents in the performance of their duties, to possess any obstruction object or instrument with the intent to obstruct on a public road, public sidewalk, public right-of-way, entrance or exit to private property or any other area open to the public.
(4) It shall be unlawful for any person, other than governmental employees in the performance of their duty, to attach themselves to another person, building, vehicle or fixture with the intent to obstruct pedestrian or vehicular movement on a public road, public sidewalk, public right-of-way, entrance or exit to private property or any other area open to the public.
(5) It shall be unlawful to hang, fasten, or attach any rope, wire, chain, sign, banner, flag or electrical device or power cord to any County property including buildings, hand rails, fences, bridges, overpasses, vehicles, construction equipment, memorials, utility poles, public signs, landscaping plantings and materials, trees or artwork and the placement of poles, posts, pins or pegs in the ground provided, however, that political signs may be placed in designated areas at polling sites.
(D) Law enforcement lines and barricades. Law enforcement officers are authorized to establish law enforcement lines and barricades to preserve the public peace, arrest offenders and to protect the rights of persons and property. It shall be unlawful for anyone to intentionally cross over a law enforcement line or barricade.
(E) Penalty. Any person who fails or refuses to abide by or otherwise violates this article shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $50 and/or imprisoned as provided in G.S. § 14-4.
(Ord. passed 1-12-2021)