CHAPTER H -- DISORDERLY CONDUCT AND PUBLIC …



CHAPTER H -- DISORDERLY CONDUCT AND PUBLIC NUISANCES

ARTICLE I -- DISORDERLY CONDUCT

Section 1 – General

No occupant of any house whether residence or business shall permit the same to be kept in an indecent and offensive or disorderly manner or permit loafers or idle persons to congregate therein or in front of the same to the annoyance of persons passing by or living in the vicinity.

Section 2 – Adult Establishments

(a) Studies have shown that lowered property values and increased crime rates tend to accompany and are brought about by the concentration of adult establishments as defined herein. Regulation of these uses is necessary to insure that these effects do not contribute to the blighting of surrounding neighborhoods and to protect the integrity of the town's churches, child care centers, parks, and playgrounds which are typically areas in which juveniles congregate. It is the intent of this provision to establish reasonable regulations to prevent a concentration of adult establishments within the town and to separate adult establishments from those sensitive uses listed below.

(b) Adult establishments shall include an adult bookstore, adult motion picture theater, adult mini motion picture theater, adult live entertainment business or massage business as they are defined in G.S. 14-202.10. This definition shall be construed consistent with G.S. 14-202.10 et seq., but shall not include art studios which use nude models for the purpose of drawing, painting or sculpting.

(c) No adult establishment shall be located within a minimum distance of 1,000 feet from any private residence.

(d) For the purposes of these General Ordinances, “Adult Establishments” shall also include businesses engaged in electronic gaming and tattoo parlors.

(e) No food or alcohol may be served or consumed in or on the premises of any adult establishment.

(f) Days/Hours of operation: Businesses engaging in Electronic Gaming, Tattoo Parlors, Adult Bookstores or Adult Entertainment may operate from

10:00 AM to 10:00 PM Sunday through Thursday and 9:00 AM to

11:00 PM Friday and Saturday.

(g) No person or entity engaged in Electronic Gaming operations, Adult Bookstores, Adult Entertainment, or Tattoo Parlors shall allow, permit, or condone any person under the age of 18 upon the premises while patrons are on the premises engaged in the business activities.

Section 3 – Profanity and Boisterous Conduct

It shall be unlawful for any person to use loud and boisterous language so as to become a nuisance, or use any form of profanity or indecent language on the street or in a gathering or audience or assembly, or in any public place whatsoever, or to indecently expose themselves within the corporate limits.

Section 4 – Public Conduct

It shall be unlawful to engage in the following sexual activity in a public place:

(a) Masturbation, whether done alone or with another human or animal.

(b) Vaginal, anal, or oral intercourse, whether done with another human or animal.

(c) Touching, in an act of apparent sexual stimulation or sexual abuse, of the clothed or unclothed genital, pubic area, or buttocks of another person or the clothed or unclothed breasts of a human female.

(d) It is not a violation of this ordinance if the proscribed conduct is protected under the Constitution of the United States or the Constitution of North Carolina.

Section 5 – Loitering for Purpose of Drug-related Activities

(a) Definitions - The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, unless inconsistent with the manifest intent of the Town Board or the context clearly requires otherwise:

Public place - Any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation facility, or the doorways or the entrances 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, or any property owned by the county which is located in the Town.

(b) Evidence of Violation - If a person remains or wanders about in a public place and repeatedly:

(1) Beckons to, stops or attempts to stop passers-by, or repeatedly attempts to engage passers-by in conversation; or

(2) Stops or attempts to stop motor vehicles; or

(3) Interferes with the free passage of other persons;

for the purpose of violating any subdivision of the North Carolina Controlled Substances Act, i.e., G.S. 90-86 et seq.

Section 6 – Penalty

Any person who violates this Chapter shall be guilty of a Class 3 misdemeanor and shall be punished in accordance with Chapter A, Article II, Section 6.

ARTICLE II -- GENERAL NUISANCE

Section 1 – Loud Noise

It shall be unlawful for any person, or group of persons, regardless of number, to willfully to make, continue, or cause to be made or continued, any unreasonable loud or disturbing noise in excess of the limits for such noise established in this section.

Section 2 – Noise Disturbance Prohibited

1) Maximum possible noise levels

With the exception of sound levels elsewhere specifically authorized by this article, and in addition to noises expressly prohibited by Section 3 below, it shall be a violation to operate or allow the operation of sound amplification equipment so as to create sounds registering more than 65 dBA +/- 2dBAb between the hours of 9:00 am to 9:00 pm or 60 dBA +/-2dBA between the hours of 9:00 pm and 9:00 am as measured at an exterior portion of the dwelling unit of a person alleging a complaint, except in accordance with a permit in Section 4 below. In any event the sound level must not exceed 92 dBA +/- 2dBA when measured at 20 feet from the source except in accordance with a permit in section 4 below.

2) Measurement of the sound

The measurement of sound or noise shall be made with a sound level meter meeting the standards prescribed by the American National Standards Institute or its successor body. The instrument shall be an averaging meter maintained in calibration and good working order. A calibration check shall be made of the system at the time of any noise measurement. The meter will be set on the “A” weighted network, slow setting and the averaging feature will be activated. Measurements recorded shall be taken so as to provide a proper representation of the noise source. The microphone during the measurement shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. Traffic, aircraft and other transportation noise sources and other background noises shall not be considered in taking measurements except where such background noise interferes with the primary noise being measured.

Section 3 – Noises Expressly Prohibited

The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of the above Section, but said enumeration shall not be deemed to be exclusive, namely:

(a) The sounding of any horn or signal device, or any device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion, only as a danger signal after, or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such devices for an unnecessary and unreasonable period of time.

(b) The use of any gong or siren upon any vehicle, other than police, fire or other emergency vehicles.

(c) The use or operation of any mechanical or non-mechanical musical or sound- producing instrument, phonograph, radio, loud speaker, or any other instrument or sound amplifying device or apparatus installed or located in a motor vehicle when the speaker volume is elevated to such an extent that the sound is clearly audible more than 50 feet from the vehicle. The provisions of this subsection shall apply regardless of whether the vehicle is traveling upon the street of the Town, parked on public or private property, or stopped in traffic. Upon application to the Town Board, permits may be granted to responsible organizations to produce programs in music, speeches or general entertainment.

(d) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises there from.

(e) The use of any mechanical device operated by compressed air, unless the noise created thereby is effectively muffled and reduced, or used to give notice of time to begin or stop work, or as a warning of danger.

(f) The erection, excavation, demolition, alteration or repair of any building between the hours of 9:00 pm and 7:00 am, except in the case of urgent necessity, and then only with a permit from the Town Administrator, which permit may be renewed for a period of three days or less while the emergency continues.

(g) The creation of any excessive noise on Sunday during church hours on any street adjacent to any church, provided that signs are displayed in such streets adjacent to churches indicating that the same is a church.

(h) The creation of loud and excessive noise in connection with loading or unloading any vehicle, or in connection with the opening and destruction of bales, boxes, crates and containers.

(i) The sounding of any bell or gong attached to any building or premises which disturbs the quiet or repose of persons in the vicinity thereof, except as recognized practice.

(j) The shouting and crying of peddlers, barkers, hawkers and vendors which disturbs the quiet and peace of the neighborhood.

(k) The use of any drum, loud speaker or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale of display of merchandise.

(l) The use of any mechanical loud speaker or amplifiers on trucks or other moving vehicles for advertising purposes or other purposes except where specific license is received from the Board of Commissioners.

(m) Repair/service facilities or filling station in any residential district so as to cause loud or offensive noises to be emitted there from between the hours of 9:00 pm and 7:00 am.

(n) The firing or discharging of squibs, firecrackers, gunpowder or other combustible substances in the streets or elsewhere for the purpose of making noise or disturbance, except by permit from the Board of Commissioners.

(o) Operate lawn mowers and other domestic tools out-of-doors between 9:30 pm and 7:00 am in any residentially zoned area.

Section 4 - Exceptions to Noise Restrictions

Exception permits shall be granted to a specific location up to four times a year. This permit allows the operation of sound amplification equipment so as to create sounds registering up to 75 dBA between the hours of 9:00 am to 9:00 pm and up to 70 dBA between the hours of 9:00 pm to 12 am when measured at an exterior portion of the dwelling unit of a person alleging a complaint,

The business manager or authorized agent or any person or group of persons desiring a permit for live musical group or individual performing out of doors using sound amplification equipment not exceeding the levels and times must apply no later than five working days prior to the event. Each application for an exception permit must be for a specific performance at a specific site at a specific date and time. Each application must list the name of the performing group, the name and address of the business manager or agent, and be signed by the owner, manager or authorized agent of the site at which the performance will occur. It is expected that the site owner, manager, or designated agent will be present on site during the performance and available to assist the Police Department as necessary in enforcing the ordinance. The Town Manager or his designee shall act on all requests for permits. A permit application will require payment of a five dollar ($5.00) application fee.

Section 5 - Violations

The provisions of Article V of this chapter notwithstanding, violations of Article II, Sections 1-4 shall be subject to penalties as follows:

a) First Offense. Any person who violates any portion of sections 1-4 as determined by the Police Officer, or his designee, shall receive an oral order to cease or abate the noise immediately, or within a reasonable time period, not to exceed five minutes.

b) If a second violation occurs at the same site within sixty (60) days of the first violation, an oral order to cease or abate need not be issued prior to issuing a citation for violation of any portion of the above-mentioned sections. In addition to, or in lieu of a citation, the Oriental Police Officer, or his designee may order immediate cessation of the noise.

c) Civil Penalty. If the order to cease or abate the noise is not complied with, or if a second violation occurs at the same site within sixty (60) days of the first offense, the owner or manager of the site at which the violation occurs will be subject to a civil penalty in the amount of twenty-five ($25). Violators will be issued a written citation which must be paid within five (5) days of the issue date and time. In case of a third or subsequent violation within sixty (60) days of the second violation, the person or persons responsible will be subject to a civil penalty of twenty-five additional dollars for each instance, to a maximum of one hundred dollars ($100.00).

d) Remedies. Sections 1-4 above may also be enforced through equitable remedies issued by a court of competent jurisdiction.

(e) Criminal penalty. In the event of repeated failure to comply with sections 5 (a-c) above, violation of sections 1 – 4 shall constitute a misdemeanor pursuant to NC General Statutes section 14-4 and General Statutes 160-175, as amended, punishable for each violation by a fine of up to two hundred fifty dollars ($250.00). A police officer or other duly authorized noise control officer may initiate the criminal process as provided by law.

Section 6 – Firearms Regulated

(a) It shall be unlawful for any person to discharge any firearm, pellet gun, or BB gun, of any type within the Town, except:

(1) A police officer in the performance of his duty;

(2) A private citizen in justifiable self-defense; or

(3) A private citizen using a small caliber firearm or shotgun to rid property of pests. In such case, a private citizen may use no larger than a .22 caliber firearm or a shotgun with no larger than number 8 shot.

Section 7 – Section 7 – Graffiti

(a) Graffiti prohibited. It shall be unlawful for any person to write, paint, inscribe, scratch, scrawl, spray, place or draw graffiti of any type on any public or private building, structure or any other real or personal property. For purposes of this section, graffiti shall mean any unauthorized inscription, word, figure, painting or other defacement, heretofore known as graffiti, that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface by any graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or, despite advance authorization, is otherwise deemed a public nuisance and prohibited.

(b) Exemption. Subsection (a) of this section shall not be construed to prohibit temporary, easily removable chalk or other water-soluble markings on public or private sidewalks, streets or other paved surfaces which are used in connection with traditional children’s activities, such as drawings or bases for stickball, kickball, handball, hopscotch or similar activities, nor shall it be construed to prohibit temporary, easily removable chalk or other water soluble markings used in connection with any lawful business or public purpose or activity.

(c) Removal of graffiti. It shall be unlawful for any person owning property, acting as manager or agent for the owner of property, or in possession or control of property to fail to remove or effectively obscure any graffiti upon such property.

(d) Restitution. In addition to any other punishment imposed, the court shall order the person convicted of a violation of this section to make restitution to the victim for the damage or loss suffered by the victim as a result of the offense. The court may determine the amount, terms, and conditions of the restitution.

(e) Notice. Upon a formal complaint filed with the Land Use Administrator and determination by the land use administrator, or her designee, she shall take the request for graffiti determination to the Board of Commissioners at their next meeting. If such conditions constituting a public nuisance exist, the land use administrator, or her designee, shall cause a written notice to be served on the property owner and all parties in interest reciting in the notice the conditions that exist with respect to the lot which constitute the same a public nuisance, which notice shall order the prompt abatement of the nuisance within 15 30 days from the receipt of such notice. Notice will include photographs of the graffiti which is the subject of the notice. The Land Use Administrator will determine from the property owner whether trespass or any law has been broken in coordination with the graffiti appearance. If the notice cannot be personally given or delivered by certified mail because of the absence from the state of the person to be served, the notice may be given by causing it to be published in a newspaper, published in the town, one time. The notice shall describe the lot or property sufficiently to identify it and shall describe the conditions which constitute a public nuisance and shall state the time within which the nuisance must be abated. In addition to the method of service set out above, the notice may be served utilizing any method authorized for service of summons in Rule 4 of the North Carolina Rules of Civil Procedure. The land use administrator or her designee shall also send a copy of notice provided to property owner to the chief of police. The Board of Commissioners will determine if the perceived graffiti is to be classified as such via motion, and shall include, in its determination that the offense in question includes profanity or other unacceptable language or damaging, libelous, or slanderous remarks toward a business or individual.

(c) Costs and liens. If the owner, lessee, occupant, or other person in charge of the lot or parcel of land shall fail or refuse to comply with the order embodied in the notice served pursuant to this section, then, and in that event, the town, through its authorized agents and employees, shall enter upon the lot or parcel of land and abate the nuisance identified in the notice. (Fines should be limited to $250 per 30 day period). The actual cost of all labor, trucks, machines, and implements used by the town to abate the nuisance, including any attorney’s fees and costs, shall be calculated by the department of public works and shall immediately be and constitute a lien against the subject property. A copy of the original notice served upon the owner, lessee, occupant, or person in charge of such property shall be filed with the tax collector, together with a statement of the actual cost to the town of abating the nuisance and, if the amount shall not be paid by the owner, lessee, occupant, or other person in charge of the property within 30 days thereafter, the amount shall be collected by the tax collector by action in the same manner as a suit to collect unpaid taxes due on real estate. An extension may be granted by the Land Use Administrator justified by the landlord being unable to get to the property due to distance, illness, or inclement weather, or other justifiable circumstance as determined by the Land Use Administrator for up to two weeks, upon written request.”

Section 8 – Selling or Soliciting upon Streets, Sidewalks, or Door-to-Door

(a) Permit Requirements - No person shall sell, solicit, or cause to sell or solicit upon the sidewalks, streets, docks, or door-to-door in the Town any merchandise, material, periodicals, magazines, newspapers, or any other item whatsoever, without first applying to the Town Administrator for a permit. The application, which shall be submitted on forms provided by the Town Administrator, shall contain:

(1) The name of the applicant and whether the applicant is an individual, a partnership, a corporation, or some other entity;

(2) The nature of the business;

(3) Where the business is conducted;

(4) A business telephone number and mailing address;

(5) Whether the business is regulated by a state occupational licensing board subject to G.S. Chapter 93B, and if so, the serial number of the state license the applicant currently holds;

(6) The name and telephone number of the applicant's supervisor, if any; and

(7) Any other information the Town Administrator determines to be necessary.

(b) Duration of Permit - A permit issued under the above section shall terminate no later than six (6) months after the date of issuance. Any person desiring to conduct business as described in the above section for a period longer than six (6) months shall apply for a new permit at the end of each six (6) month period.

(c) Reasons for Refusal or Revocation - The Town Administrator shall refuse to issue a permit or shall revoke a permit for either of the following:

(1) The applicant misrepresents a fact on the permit application; or

(2) The applicant refuses to provide information necessary to complete the permit application.

ARTICLE III -- ANIMALS

Section 1 – Bird Sanctuary

The Town is recognized as a bird sanctuary.

Section 2 – Animals at Large

Definitions:

habitual – shall mean engaging in a public nuisance behavior three (3) or more times within a six (6) month period.

public nuisance – a domestic animal habitually engaged in chasing motor vehicles, pedestrians or persons on bicycles while on a public street or highway in the Town; or, a domestic animal habitually uprooting, digging or otherwise damaging vegetative or fixed features on property other than property of the animal’s owner.

It shall be unlawful for any owner to permit his dog or cat to run at large if such animal is reported as creating a public nuisance provided the Oriental Police determines after investigation that the reports are supported by evidence and provided that the Oriental Police has notified the animal’s owner in writing of his findings. In such cases, and only in such cases, the animal’s owner must keep the dog or cat that has been found to be creating a public nuisance on his own property at all times unless the dog or cat is under restraint or is sufficiently near its handler to be under his direct control and is obedient to that person’s command.

It shall be unlawful for any owner to permit his dog or cat to habitually deposit feces on public property, Town right-of-way, or private property without permission of the property owner, unless the pet owner promptly removes the deposit.

The Oriental Police may issue to the known owner or person having custody of any dog or cat, or to any other violator of this ordinance, a ticket giving notice of the violation of this Section. Tickets so issued may be delivered in person or mailed by registered mail to the person charged if that person cannot readily be found. The ticket issued shall impose upon the owner a civil penalty of $20.00 which may, in the discretion of the violator, be paid to the Town Administrator within fourteen (14) days of receipt in full satisfaction of the assessed civil penalty.

If the owner of a dog or cat or other violator does not appear in response to the above-described ticket or the applicable civil penalty is not paid within the time period prescribed, a criminal summons may be issued against the owner or person having custody of a dog or cat for violation of this Article and upon conviction, the owner shall be punished as provided by state law.

Section 3 – Vicious, Dangerous, Wild and Dangerous Animals, or Potentially Dangerous Animals

Definitions:

dangerous animal - a domestic animal that without provocation has killed or inflicted severe injury on a person; a domestic animal that has engaged in one or more of the behaviors listed for a “potentially dangerous animal” as herein defined; or any dog owned or harbored primarily, or in part for the purpose of dog fighting, or any dog trained for dog fighting.

domestic animal – a dog, cat or other animal whose behavior, life cycle, or physiology has been systemically altered as a result of being under human control for many generations.

owner – means any person or legal entity that has a possessory property right in a dog or cat, or other domestic animal.

potentially dangerous animal – a dog, cat or other domestic animal that has inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization; or a dog, cat or other domestic animal that has killed or inflicted severe injury upon a domestic animal when not on the owner’s real property; or a dog, cat or other domestic animal that has approached a person when not on the owner’s property in a vicious or terrorizing manner in an apparent attitude of attack.

severe injury – means any physical injury that results in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization.

vicious animal – an animal that has attacked a person causing severe injury without being teased, molested, provoked, beaten, tortured or otherwise harmed.

Wild and dangerous animals- Wild animals which are dangerous to persons and property include, but are not limited to: all felines (other than the domestic house cat), nonhuman primates, bears, wolves, coyotes, reptiles (poisonous, venomous, crushing and giant), and any crossbreed of such animals which have similar characteristics of the animals specified herein.

At the recommendation of the County’s Animal Control Officer, the County’s Health Director shall be responsible for determining if an animal is a vicious, dangerous or potentially dangerous animal. The Health Director must notify the owner in writing, giving the reasons for the determination before the animal can be so labeled. The owner may appeal the determination by filing written objections with the County’s “Dangerous Dog Committee” within three (3) days. Said committee shall schedule a hearing within ten (10) days of the filing of the objections. Any appeal from the final decision of the “Dangerous Dog Committee” shall be taken to the superior court by filing notice of appeal and a petition for review within ten (10) days of the final decision of said committee. Appeals from rulings of the “Dangerous Dog Committee” shall be heard de novo before a superior court judge sitting in Pamlico County.*

It shall be unlawful for any owner to keep any vicious, dangerous or potentially dangerous animal within the corporate limits unless it is confined within a secured building or enclosure, or unless it is securely muzzled and under restraint by a competent person who, by means of a leash, chain or rope, has such animal firmly under control at all times.

Wild and dangerous animals. It shall be unlawful to keep or cause to be kept wild and dangerous animals, as defined in this chapter, within the town limits. Wild animals within the town temporarily as part of a bona fide circus or an educational event shall be exempt and limited to seven (7) days. Any such animal shall be confined within a secure building or enclosure or under restraint.

Violation of this Section will result in reporting the animal to the Pamlico Animal Control Officer to enforce state laws regarding vicious, dangerous or potentially dangerous animals.

The provisions of this Article do not apply to:

(1) A dog being used by a law enforcement officer to carry out the law enforcement officer's official duties;

(2) A dog being used in a lawful hunt;

(3) A dog where the injury or damage inflicted by the dog was sustained by a domestic animal while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog; or

(4) A dog where the injury inflicted by the dog was sustained by a person who, at the time of the injury, was committing a willful trespass or other tort, was tormenting, abusing, or assaulting the dog, had tormented, abused, or assaulted the dog, or was committing or attempting to commit a crime.

Section 4 – Barking Dogs & Noisy Birds

It shall be unlawful for any pet owner to keep or have within a populated area a pet that habitually or repeatedly barks or makes loud continuous noise in such a manner or to such extent that it is a public nuisance.

Section 5 – Keeping Swine

No person shall be permitted to keep or maintain any hog pen, or keep any hogs within the corporate limits.

Section 6 – Fowls

No person shall keep or maintain fowls for commercial purposes within the corporate limits. No person shall keep or maintain for personal use, fowls located within three hundred (300) feet of any dwelling within the corporate limits.

Section 7 – Densities of Animals within the Corporate Limits

(a) Except for preexisting situations existing before December 1, 1993, no person shall keep more that two (2) dogs and four (4) cats over the age of four (4) months on any lot or premises less than one acre. This Section shall not apply to pets kept indoors.

(b) It shall be unlawful for any person to keep horses, cattle or other livestock within the Town, unless the horses, cattle or other livestock are housed on at least two (2) acres of real property with a ratio of no more than one (1) animal per acre of real property and are housed at least one hundred fifty (150) feet from the nearest property line. (Amended May 1, 2018)

(c) A pet store, veterinary clinic, kennel or stable may be established only if approved by the Board of Commissioners after their determination that the proposed business location does not adversely affect the surrounding properties.

ARTICLE IV -- SMOKING IN MUNICIPAL BUILDINGS AND VEHICLES

Section 1 – Definitions

(a) Smoking - The inhaling, exhaling, burning or carrying of a lighted pipe, cigar, cigarette or other combustible tobacco product.

Section 2 – Smoking Prohibited in Municipal Buildings

It shall be unlawful for any person to smoke in any building or facility or portion of a building or facility now or hereafter owned, leased, operated, occupied, managed on controlled by the Town.

Section 3 – Smoking Prohibited in Municipal Vehicles

It shall be unlawful for any person to smoke in any vehicle now or hereafter owned or leased by the Town.

Section 4 – Penalty

Violation of this Article shall subject the offender to a civil penalty in the amount of $25.00 to be recovered by the Town. Violators shall be issued a written citation which must be paid to the Town within seventy-two (72) hours. Violation of this Article shall not constitute offense punishable in accordance with Chapter A, Article II, Section 6.

Section 5 – Conflict of Laws

If any portion of this Article or the enforcement thereof is found to be preempted by state or federal law, such preemption shall not operate to invalidate the rest of the Article and the same shall remain in full force and effect.

ARTICLE V-ALCOHOL REGULATION

Section 1 – Possession and Consumption of Malt Beverages and Unfortified Wine in Public Places

(a) Consumption and possession of malt beverages and unfortified wine on the public streets and on municipal property prohibited. It shall be unlawful for:

(1)Any person who is not an occupant of a motor vehicle to consume a malt beverage or unfortified wine, as defined by N.C.G.S. 18B-101, on any public street, road, highway, sidewalk, right-of-way, alley, park, facility, or other property owned or occupied by the town;

(2) Any person who is not an occupant of a motor vehicle on any public street, road, highway, sidewalk, right-of-way, alley, park, facility, or other property owned or occupied by the town to possess in an open container any malt beverage or unfortified wine. For purposes of this subsection (2), open container means a container whose seal has been broken, or a container other than the manufacturer’s unopened original container; or

(3) Any person to possess a malt beverage or unfortified wine on any public street, road, highway, sidewalk, alley, parking lot, or right-of-way which is temporarily closed to regular traffic for special events.

(b) Town property subject to a lease or encroachment agreement.  To the extent that the town owns real property subject to a lease or encroachment agreement, the lessee or grantee of such town property shall not be subject to the prohibitions established in this Section 1.

Section 2 – Sale of Wine, Unfortified Wine, Fortified Wine, and Mixed Beverages on Sunday Mornings.

The sale of malt beverages, unfortified wine, fortified wine, and mixed beverages shall be allowed within the corporate limits of the town on Sundays beginning at 10:00 a.m. pursuant to the licensed premises’ permit issued under G.S. 18B-1001.”

ARTICLE VI -- PENALTIES

Section 1 – Penalty

Any person who violates this Chapter shall be guilty of a Class 3 misdemeanor and shall be punished in accordance with Chapter A, Article II, Section 6.

Section 1- Penalty for attacks by dangerous animals.

The owner of a dangerous dog that attacks a person and causes physical injuries requiring medical treatment in excess of one hundred dollars ($100.00) shall be guilty of a Class 1 misdemeanor (1989 (Reg. Sess., 1990),c.1023;1993,c.539, s.533;1994, Ex. Sess., c.24,s.14(c).)

Section 2. Penalty for Wild and Dangerous Animals in Town Limits.

Any individual bringing a wild and dangerous animal into Town Limits shall be required to remove the animal, within twenty four (24) hours, and shall be guilty of a Class 1 misdemeanor, and incur a fine of $500. Regulations of the Wildlife Resources Commission. (1971, c. 698, s. 1; 1977, c. 407, s. 2.) N.C.G.S §160A-187 .

Section 3- Strict Liability.

The owner of a dangerous animal shall be strictly liable in civil damages for any injuries or property damage the dog inflicts upon a person, his property, or another animal. (1989 (Reg. Sess., 1990),c.1023, s.1.)

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