(A) A person is subject to exclusion for a period of 90 days from any public right-of-way within a prostitution-exclusion zone if that person has been arrested and a magistrate has issued a magistrate's order, pursuant to G.S. § 15A-511(c), based upon probable cause to believe that the person has committed any of the following offenses within the prostitution-exclusion zone, unless the offense was committed entirely within a private residence;
(1) Maintain or operate a conveyance for the purpose of prostitution or assignation, in violation of G.S. § 14-204(1);
(2) Occupy a conveyance or permit a conveyance to be used for the purpose of prostitution or assignation, in violation of G.S. § 14-204(2);
(3) Receive, offer or agree to receive any person into a conveyance for the purpose of prostitution or assignation, in violation of G.S. § 14-204(3);
(4) Direct, take or transport, or offer or agree to take or transport any person to any place, structure, or building, or to any other person, with knowledge or reasonable cause to know that the purpose of such directing, taking, or transporting is prostitution or assignation, in violation of G.S. § 14-204(4);
(5) Procure or solicit, or offer to procure or solicit for the purpose of prostitution or assignation, in violation of G.S. § 14-204(5);
(6) Enter or remain in any conveyance for the purpose of prostitution or assignation, in violation of G.S. § 14-204(6);
(7) Engage in prostitution or assignation, or aid or abet prostitution or assignation, in violation of G.S. § 14-204(7);
(8) Loitering for the purpose of engaging in prostitution or crime against nature, in violation of G.S. § 14-204.1;
(9) Crime against nature, in violation of G.S. § 14-177; or
(10) Soliciting crime against nature, in violation of G.S. § 14-177 and the common law of North Carolina.
The aforesaid 90 day exclusion will cease immediately if the person arrested or otherwise taken into custody for offenses listed above is subsequently acquitted of the charge(s) or said charge(s) is/are dismissed.
(B) A one-year exclusion from any public right-of-way within a prostitution-exclusion zone shall take effective upon the date of conviction for any of the offenses enumerated in subsection (A) of this section if that offense was committed within the prostitution-exclusion zone. The fact that a conviction is being appealed shall not stay the exclusion.
(C) A one-year exclusion from any public right-of-way within a prostitution-exclusion zone shall be a condition of deferred prosecution for any person entering the Deferred Prosecution Program of the Division of Community Corrections for any of the offenses enumerated in subsection (A) of this section if that offense was committed within that prostitution-exclusion zone. There shall be no right of appeal from the issuance of such an exclusion.
(D) Except as allowed under § 35.55(C), a person excluded from a prostitution-exclusion zone under any authority of this section may not enter that prostitution-exclusion zone except to;
(1) Attend a meeting with an attorney;
(2) Attend a scheduled initial interview with a social services provider;
(3) Comply with court or corrections- ordered obligation;
(4) Contact criminal justice personnel at a criminal justice facility;
(5) Attend any administrative or judicial hearing relating to an appeal of:
(a) The person's notice of exclusion; or
(b) The denial, revocation, or amendment of the person's variance;
(6) Travel through that prostitution- exclusion zone on a public transportation vehicle; or
(7) Travel through that prostitution- exclusion zone on Roosevelt Boulevard (U.S. 74), Skyway Drive, Morgan Mill Road, or Walkup Avenue within its boundaries.
(E) While in a prostitution-exclusion zone, a person who is otherwise excluded may travel only directly to and from the obligations enumerated in subsection (D) of this section.
(F) If an excluded person is in the prostitution-exclusion zone from which that person is excluded, in violation of the exclusion during the exclusion period, that person is subject to arrest for second degree trespass pursuant to G.S. § 14-159.13.
(Ord. O-2006-28, passed 10-3-06) Penalty, see § 35.56