(A) Town-owned parking lot. It shall be unlawful for any person to assemble with one or more other persons on a town-owned or controlled parking lot except for the purpose of lawfully parking a vehicle in the lot. It shall not be a violation of this section to lawfully park a vehicle in a town parking lot and leave the lot without delay, or go upon a town parking lot and without delay proceed to a lawfully parked vehicle and then leave.
(B) Constitutional exception. The prohibition in division (A) shall not apply to a congregation of persons pursuant to any lawfully issued permit for a parade, demonstration, picketing or other event or congregation protected under the constitution of the United States or this state.
(C) Town parking lot defined. The term town parking lot, as used in this section, shall mean any parking lot owned or controlled by the town and maintained for public and leased space parking.
(D) Privately-owned parking lot. It shall be unlawful for any person to enter or remain upon any privately-owned parking lot or publicly-owned parking lot owned by a governmental entity other than the town after normal working hours and on weekends when the owner, lessee or authorized agent has posted a sign or signs clearly stating the prohibition. The sign(s) shall be placed in a position where it is clearly visible and shall contain the following language:
NO PARKING OR TRESPASSING BETWEEN
P.M. AND A.M.
VIOLATORS WILL BE PROSECUTED
Signs may be obtained from the Public Works Department of the town or shall meet the specifications for those signs as directed by the Director of Public Works for the town.
(E) Exceptions. The prohibitions in divisions (A) and (D) shall not apply to:
(1) Temporary entrance to the parking lot in an emergency or to avoid an accident.
(2) Entrance by police officers or town officials in the course of duty.
(3) Entrance by fire, ambulance, and other emergency personnel and equipment, in the course of duty.
(4) Turning around to travel on the same street in the opposite direction.
(5) Entrance by the owner, occupant or the employees and agents of the owners or occupant.
(6) The congregation of persons to observe a parade or publicly-sponsored or sanctioned event (such as a festival, celebration, fireworks display, or other similar event).
(F) Special events. The owner or person in charge of any privately-owned parking lot may grant temporary permission to use the lot during any specified hours, when parking or trespassing is normally prohibited, by posting temporary signs or posters to that effect. The owner or person in charge shall notify the police department of any such temporary permission.
(G) Penalty for violation. Violation of division (A) shall be a misdemeanor as provided by G.S. § 14-4. Violation of division (D) shall be a misdemeanor as provided by G.S. § 14-159.13.
(Ord. 08-O, passed 9-8-2008)