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§ 130.04 FORBIDDING CERTAIN PERSONS TO ENTER PUBLIC PROPERTY.
   It shall be unlawful for any person, after being forbidden to do so by any member of the police force of the town, to remain, go or enter on the grounds or premises of any service station, drive-in theater, supermarket, store, restaurant, office building or other business or municipal establishment, providing parking space for customers, patrons or the public within the corporate limits of the town, including any drive, driveway, road, roadway, street, alley or parking area on the grounds and premises, when the owner or other person in legal possession of the grounds and premises has provided to the Police Department written authority to forbid any person to remain, go or enter on the grounds and premises.
(1985 Code, § 130.04) Penalty, see § 10.99
Statutory reference:
   Entering land after being forbidden to do so, see G.S. § 14-159.13
§ 130.05 RESERVED.
§ 130.06 SMOKING.
   (A)   Scope. This section shall be applicable to all buildings owned, leased or occupied by the town, or by any of its departments or agencies.
   (B)   Authority. This section is adopted pursuant to the authority of G.S. § 160A-174.
   (C)   Purpose. The purpose of this section is to protect the health, safety and welfare of municipal employees. It is also in the public interest to improve indoor air quality, reduce fire hazards, and minimize any health risks associated with involuntary exposure to environmental tobacco smoke.
   (D)   Definition. For the purpose of this section, SMOKING shall mean the inhaling, exhaling, burning or carrying of a lighted pipe, cigar, cigarette or other combustible tobacco product.
   (E)   Municipal building. It shall be unlawful for any person to smoke in any building or portion of a building now or hereafter owned, leased, operated, occupied, managed or controlled by the town. However, the Town Manager has the authority to designate a smoking area, as he or she deems necessary.
   (F)   Municipal vehicles. It shall be unlawful for any person to smoke or carry a lighted cigarette, cigar or pipe in any vehicle now or hereafter owned or leased by the town.
   (G)   Notice. In every building regulated by this section shall be posted the following clear and conspicuous signs:
      (1)   “No Smoking” or other like signs shall have letters of not less than one inch in height, or the international “no smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed within a red circle crossed by a red bar) no smaller then three inches in diameter.
      (2)   Signs shall be posted in a position clearly visible on entry into every town building.
   (H)   Penalty.
      (1)   General. Effective July 1, 2012, violation of this § 130.06 shall subject the offender to civil penalties of not more than $200. Pursuant to G.S. 160A-175, all criminal penalties for these violations as set out in G.S. 14-4 are hereby removed. Civil penalties may be recovered by the town in a civil action in the nature of the debt.
      (2)   Town employees. In addition to the general penalty stated above, town employees in violation of this section shall be subject to progressive disciplinary action under the town’s personnel policies, which could lead to dismissal.
(1985 Code, § 130.06) (Ord. 2013-01, passed 7-18-2012)
§ 130.07 ENFORCEMENT OF TRESPASS AGREEMENTS.
   The members of the Zebulon Police Department, including reserve officers may act as agents for property owners and tenants to enforce regulations against trespassing on private property located within the corporate limits of the town. The enforcement must be at the request of the property owner(s) or their legal tenants and in accordance with a signed agreement between the property owner or tenant and the Zebulon Police Department.
(Ord. 2004-51, passed 6-7-2004)
§ 130.08 GRAFFITI.
   (A)   Purpose statement. It is the desire of the town to prohibit graffiti as defined in the definitions provided in this section. The town finds that the speedy removal of graffiti from both public and private property will not only serve to preserve the aesthetic quality, economic property values, and livability of neighborhoods and business districts, but it will also serve to help reduce the gang activity and gang violence in the town.
   (B)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      GRAFFITI. Any unauthorized inscriptions, word, figure, painting, or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public, private, real or personal property by any means other than by use of chalk or any such defacement, irrespective of whether authorized by the owner, which is found to be a public nuisance by the town.
      GRAFFITI REMOVAL NOTICE. The written notice given to the property contact person noticing them of the need to abate a nuisance.
      PROPERTY CONTACT NUISANCE. The person, including the individual, firm, partnership, or corporation, and their agents or employees, who has the authority to maintain the affected real property, whether it is the occupant owner, occupant or managing agent.
      REMOVE GRAFFITI. To clean and/or appropriately paint over the graffiti, including any repairs to a structure’s cladding reasonably required to neatly complete the removal.
      TOWN REMOVAL. Removal by the town, or its designee with the town’s powers to abate a nuisance.
   (C)   Notice of removal. Written notice shall be given the to property owner and the contact person by certified US Mail at the earliest time practicable after the initial report is filed with the appropriate department.
   (D)   Removal of graffiti. 
      (1)   It shall be the duty of the property owner and the contact person to take all appropriate and responsible steps necessary to remove the graffiti by the end of the third business after receiving notice of the violation.
      (2)   Graffiti removal shall be done in a manner acceptable to the town.
      (3)   If the property owner fails to remove the graffiti in a manner acceptable to the town by the end of the third business day, the town will remove the graffiti and the owner shall be responsible for all fees and costs, associated with removal.
   (E)   Enforcement. The existence of graffiti on public, private, real or personal property in violation of this section is expressly declared to be a public nuisance and, therefore, is subject to the removal and abatement provisions specified in this section and as otherwise stated in the town code. Effective July 1, 2012, violation of this § 130.08 shall subject the offender to civil penalties of not more than $50. Pursuant to G.S. 160A-175, all criminal penalties for violations of this § 130.08 as set out in G.S. 14-4 are hereby removed. Civil penalties may be recovered by the town in a civil action in the nature of the debt.
(Ord. 2008-39, passed 2-4-2008; Ord. 2013-01, passed 7-18-2012)