CHAPTER 130:  GENERAL OFFENSES
Section
Offenses Against Public Peace and Safety
   130.01   Skating on public ways and places
   130.02   Loitering; obstruction of public ways and buildings
   130.03   Discharging firearms
   130.04   Meetings and demonstrations on public ways; permit required
Offenses Against Public Morals
   130.15   Loitering for drug-related activity
   130.16   Public consumption of alcoholic beverages
OFFENSES AGAINST PUBLIC
PEACE AND SAFETY
§ 130.01  SKATING ON PUBLIC WAYS AND PLACES.
   It shall be unlawful for any person to skate on roller skates, or to ride or skate on a puddle jumper, roller coaster, skateboard or scooter on any street, roadway, sidewalk, public parking or public vehicular area within the designated central business district of the town as incorporated within the official zoning map of the town, or within any park or public vehicular parking area owned by the town. It shall be unlawful for any parent of a minor child to allow his or her minor child to skate on any street, roadway, road, sidewalk, public parking or public vehicular area within the official zoning map of the town or within any park or public vehicular parking areas owned by the town.
(Ord. passed 11-3-2003)  Penalty, see § 10.99
§ 130.02  LOITERING; OBSTRUCTION OF PUBLIC WAYS AND BUILDINGS.
   (A)   No person shall loiter, lounge or sleep in or upon any street, park or public place or in any public building, or obstruct the access to any public building or any part thereof, or obstruct passage through or upon any public street, park or public place.
   (B)   LOITER shall encompass, but shall not necessarily be limited to, one or more of the following acts:
      (1)   Obstruction of the free, unhampered passage of pedestrians or vehicles; and
      (2)   Refusing to move on when so requested by a peace officer; provided, the peace officer has exercised his or her discretion reasonably under the circumstances in order to preserve or promote public peace and order.
(Ord. passed 11-3-2003)  Penalty, see § 10.99
§ 130.03  DISCHARGING FIREARMS.
   (A)   It shall be unlawful for any person to discharge any gun, pistol, pellet gun or any other firearm within the town limits of the town, except for the following persons:
      (1)   A police or law enforcement officer while in the performance of his or her duty;
      (2)   Any person or individual while protecting his or her life and property, where that life and property is being threatened by a human being;
      (3)   Any person protecting individual property from damage caused by squirrels, and other wild animals, after first receiving a permit from the town’s Police Department; or
      (4)   Snakes may be shot without a permit.
   (B)   This section shall be in full force and effect from and after ten days subsequent to the date of its adoption.
(Ord. passed 9-16-1985)  Penalty, see § 10.99
§ 130.04  MEETINGS AND DEMONSTRATIONS ON PUBLIC WAYS; PERMIT REQUIRED.
   (A)   (1)   No person or group of persons shall hold an open air public meeting, demonstration or march upon a public street, alley, sidewalk or mall unless a permit therefor shall first be obtained from the town’s Board of Commissioners.
      (2)   OPEN AIR PUBLIC MEETING  includes the delivery of a public address, lecture, sermon or discourse, or the conducting of a public musical or theatrical performance.
   (B)   Every permit issued under this section shall be in writing and shall specify the day and hour of the open air public meeting and shall be limited to a specific occasion on a single day.
   (C)   Application shall be made to the Board of Commissioners in writing, and shall be filed with the Town Clerk at the Town Hall. The Board shall act upon the application, at a called meeting, if necessary, within 72 hours after the filing of the application. No permit shall be denied by the town’s Board of Commissioners unless the Board finds that the proposed open air public meeting will conflict with one already scheduled or that the proposed open air public meeting will seriously obstruct the free flow of vehicular or pedestrian traffic.
(Ord. passed 1-6-1976)  Penalty, see § 10.99
OFFENSES AGAINST PUBLIC MORALS
§ 130.15  LOITERING FOR DRUG-RELATED ACTIVITY.
   The existence of any of the following conditions within the corporate limits is hereby declared loitering for the purpose of engaging in drug-related activity.
   (A)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      KNOWN UNLAWFUL DRUG USER, POSSESSOR OR SELLER. A person who has, within the knowledge of the arresting officer, been convicted in any court within the state of any violation involving the use, possession or sale of any of the substances referred to in the state’s Controlled Substances Act, G.S. Ch. 90, Art. 5, or has been convicted of any violation of any substantially similar laws of any political subdivision of the state, or of any other state, or of federal law.
      PUBLIC PLACE. Any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation facility, or the doorways and entranceways to any building which fronts on any of those places, or a motor vehicle in or on any of those places, or any property owned by the town.
   (B)   It shall be unlawful for a person to remain or wander about in a public place in a manner and under circumstances manifesting the purpose to engage in a violation of any subdivision of the state’s Controlled Substances Act, G.S. Ch. 90, Art. 5. Those circumstances shall include:
      (1)   Repeatedly beckoning to, stopping or attempting to stop passers-by, or repeatedly attempting to engage passers-by in conversation;
      (2)   Repeatedly stopping or attempting to stop motor vehicles;
      (3)   Repeatedly interfering with the free passage of other persons;
      (4)   The person is a known unlawful drug user, possessor or seller;
      (5)   The person behaves in a manner so as to raise a reasonable suspicion that he or she is about to engage in or is engaged in an unlawful drug-related activity;
      (6)   The person repeatedly passes to or receives from passers-by, whether on foot or in a vehicle, money or objects;
      (7)   The person takes flight upon the approach or appearance of a police officer;
      (8)   The person is at a location frequented by persons who use, possess or sell drugs; or
      (9)   Any vehicle involved is registered to a known unlawful drug user, possessor or seller, or is known to be or have been involved in drug-related activities.
(Ord. passed 12-4-1995)  Penalty, see § 10.99
Statutory reference:
   Authority to prohibit acts detrimental to public health, safety or welfare, see G.S. § 160A-174
§ 130.16  PUBLIC CONSUMPTION OF ALCOHOLIC BEVERAGES.
   (A)   It shall be unlawful for any person to consume or display any alcoholic beverages on any property owned or controlled by the town or upon any public vehicular area; provided that, this section shall not apply to the premises of those establishments that have an on-premises ABC permit issued by the state’s Alcoholic Beverage Commission pursuant to the General Statutes of the state.
   (B)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ALCOHOLIC BEVERAGES. Includes alcohol, brandy, whiskey, rum, gin, beer, ale, porter and wine and, in addition thereto, any spirituous, vinous, malt or fermented beverages, liquids and compounds, whether medicated, proprietary, patented, or not, and by whatever name called, containing 0.5% or more of alcohol by volume, which are fit for use for beverage purposes.
      PUBLIC VEHICULAR AREA. Includes any drive, driveway, road, roadway, street, sidewalk, alley, parking area or other space open for the purpose of vehicular traffic or operation upon the grounds or premises of:
         (a)   Any public or private hospital, college, university, school, orphanage or church, or any institution maintained and supported by the state, the town or the county; or
         (b)   Any service station, car wash, supermarket, store, restaurant, amusement center, lounge, shopping center or office building, or any other business or municipal establishment or groups of such establishments, providing parking space for customers, patrons, employees or the public.
   (C)   This section shall be in full force and effect from and after ten days subsequent to the date of its adoption.
(Ord. passed 2-4-1980; Ord. passed 3-10-1980)  Penalty, see § 10.99