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§ 96.10 ENFORCEMENT OF ORDINANCES: CONTINUED VIOLATIONS.
   (A)   General penalty. Any person violating the provisions of this chapter shall be subject to the penalties as described in § 10.99 of this Code of Ordinances or as specified in this Chapter, whichever is greater.
   (B)   Enforcement of ordinances; civil penalties. Civil penalties may be imposed upon a violator of this code or an ordinance of the city pursuant to the procedure set forth herein:
      (1)   Citations.
         (a)   Issuance of citation. The Building Inspector, Code Enforcement Officer or other authorized officer, agent or employee of the city is empowered to issue warning citations, notices of violation and citations with fines, if there is a reasonable cause to believe that any provision of the City Code of Ordinances has been violated. Where a provision has been violated, such citations shall be issued to the violator or property owner.
         (b)   Violator. A violator of a provision of the code or an ordinance of the city shall be deemed to be the owner of the premises, the agent of the owner authorized to be responsible for the premises, and/or the appropriate occupant, lessee, employee or person having immediate beneficial use of and/or responsibility over the premises or property.
         (c)   Methods of issuance of citations. A citation shall be considered issued if it is delivered in person to the violator, or if the violator cannot be readily found, then the citation may be mailed to the last known mailing address of the owner or agent shown on public records. If the violator cannot be found and after other reasonable efforts have been made to communicate the existence of the violation to the owner or agent, then the citation shall also be considered issued if directed to the owner, agent or occupant and left at the place of residence or location of the violation.
         (d)   Types of citations and notices. It shall be in the sole discretion of the Building Inspector, Code Enforcement Officer or other authorized officer, agent or employee of the city to determine which of the following shall be issued to a violator.
            1.   Warning citation. This citation for a violation shall be a warning citation stating that a violation of the chapter has occurred. It shall also state the circumstances involved in the violation.
            2.   Notice of violation. This notice shall state that the owner, occupant and/or person having control of the lot or property, occupied or not, shall abate or remove the conditions or otherwise comply with the city code. In lieu of, or addition to such notice, the office or inspector may issue a citation notice and take enforcement actions as set forth in § 96.10 (B)(1)(d)3. and impose the cost of remedying or abating the nuisance as set forth in §§ 96.06 and 96.07 in the Code of Ordinances. In the event an inspector determines that a nuisance is an immediate detriment to human health, safety or welfare, the inspector may take appropriate action to summarily abate the condition without notice.
            3.   Citations with fines. If the violation continues after the deadline to correct a violation, then a citation with a fine in an initial amount of $50 shall be authorized to be issued against the violator. Thereafter, each day the violation continues shall be deemed an additional offense and additional citations with increasing fines up to $250 may be issued each day the violation continues. Any unpaid citations and delinquency charges shall be cumulative and shall be recovered in a civil action or in the nature of debt as well as any attorney fees incurred by the city incident thereto. In lieu of a civil action to recover the debt, the city may turn unpaid penalties in to a credit/collection agency for collection. The offender will be responsible for all reasonable monetary damages as required by the collections agency to recover the debt. This section may also be enforced by any appropriate, equitable action. In addition to the civil penalty, the city may impose an administrative fee up to $100 in addition to any fines to cover the city's costs of administering a violation.
         (e)   Records. Records of citations shall be maintained for a reasonable period of time.
(Ord. 2001-25, passed 2-19-01; Am. Ord. 2005-64, passed 7-5-05)
§ 96.11 SECOND AND SUBSEQUENT VIOLATIONS.
   Upon second and subsequent violations of this chapter within 24 months of the previous violation being remedied, no notice of the second or subsequent violation, as required by this chapter, shall be given. The city, through its agents and employees, may enter such lots or premises and remove the violation and the costs and expense thereof shall be paid by the owner of the violation as provided for in this chapter. Second and subsequent violations are subject to the escalating fine structure as defined in this chapter.
(Ord. 2005-64, passed 7-5-05)
§ 96.12 PANHANDLING; AGGRESSIVE PANHANDLING, PROHIBITED AREAS AND TIMES.
   (A)   Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   The words “panhandling” or “begging” are used interchangeably, a purpose of which is to obtain a contribution of money or goods for the principal benefit of the person making the solicitation.
      (2)   The word “aggressive” refers to:
         (a)   Continuing to solicit near the individual addressed after the person to whom the solicitation is directed has made a negative response, either verbally, by physical sign, by attempting to leave the presence of the person soliciting, or by other negative indication; and/or
         (b)   Any physical contact with another person without consent; and/or
         (c)   By blocking the path of a person being solicited or blocking the entrance or exit to any building or vehicle; and/or
         (d)   By or with the use of any abusing language, word, gesture, or act intended to cause a reasonable person to be fearful of the solicitor or feel compelled to accede to the solicitation.
      (3)   “Public place” and “place open to the public” mean an area generally visible to public view and include streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, public transportation, buildings open to the general public including those which serve food or drink or provide entertainment, and the doorways or entrances in buildings and their grounds.
   (B)   Purpose. The purpose of this section is to ensure unimpeded pedestrian and vehicle traffic flow, to maintain and protect the well-being of pedestrians and to otherwise foster a harassment-free climate in public places.
   (C)   Rules and regulations.
      (1)   It shall be unlawful for any person to panhandle or beg as defined in § 96.12 within the city without first obtaining a “Panhandler’s Permit” from the Chief of Police or designee. Such permit is valid for one year only and must be renewed annually.
      
      (2)   It shall be unlawful for any type of panhandling or begging within the following prohibited areas and/or times:
         (a)   Within 100 feet of any financial institution and/or automated teller machine;
         (b)   Within 20 feet of any bus stop, train station, or taxi stand;
         (c)   Within 20 feet of any commercial establishment which is open for business;
         (d)   Within 20 feet of any outdoor dining area during operation;
         (e)   Within DOT or city right-of-ways, excluding sidewalks; and
         (f)   Between the hours of 8:00 p.m. and 8:00 a.m.
      (3)   In accordance with G.S. § 160A-179, it shall be unlawful for any person to aggressively panhandle or beg for money or goods from another in a public place or in a place open to the public. The offering of items of nominal value, such as pencils, chewing gum, and the like for a donation shall not make the conduct lawful.
   (D)   Exceptions. The conduct prohibited does not include solicitations made by authorized representatives of not-for-profit corporations, organizations or groups in order to obtain funds designed principally to further the purpose of such not-for-profit corporations, organizations or groups provided proper identification such as signs, vests, badges and the like, are clearly visible to the general public naming the not-for-profit corporations, organizations or groups.
   (E)   Opportunity to stop the prohibited activity.
      (1)   No arrest shall be made for an initial violation of this section unless the arresting officer first affords a person an opportunity to stop the conduct that violates division (C). After being warned that aggressive panhandling or begging is illegal within the city limits of Goldsboro, a police officer will issue a panhandling warning ticket to the individual. A copy of this ticket will be maintained by the Goldsboro Police Department for documentation purposes. If after being warned the panhandler does not cease these activities or if an officer observes a person who has been duly warned conducting aggressive panhandling activities again within the city limits, that individual shall be immediately arrested.
      (2)   If a complaint is registered with the police department by a private citizen and the complainant formally identifies the person accused of aggressive panhandling or begging activities, a panhandling warning ticket will be issued to that individual. If the person accused of aggressive panhandling or begging by a private citizen has previously been duly warned of the illegality of this activity, that person will be arrested if the complaining citizen files appropriate charges or agrees to serve as a witness.
   (F)   Severability. If any portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable, and such holding shall affect the validity of the remaining portions hereof.
(Ord. 2004-97, passed 12-6-04; Am. Ord. 2005-64, passed 7-5-05; Am. Ord. 2022-66, passed 12-5-22)
OPEN BURNING
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