<div class="chunk-title">Sec. 34-27. - Assembly.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Definitions.</span> The following words, terms and phrases, when used in this article shall have the
               meanings ascribed to them in this section, except where the context clearly indicates
               a different meaning:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               <span class="ital">Assemble</span> or <span class="ital">assembling</span> means to make a public display or demonstration of sentiment for or against a person
               or cause, including protesting which may include the distribution of leaflets or handbills,
               the display of signs and any oral communication or speech, which may involve an effort
               to persuade or influence, including all expressive and symbolic conduct, whether active
               or passive, so long as the conduct does not violate the law.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               <span class="ital">Camp</span> or <span class="ital">camping</span> means the use of county property for living accommodation purposes such as sleeping,
               or making preparations to sleep (including the laying down of bedding for the purpose
               of sleeping), or storing personal belongings, or placing any tents or a temporary
               shelter on county property for living accommodation purposes.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               <span class="ital">Dangerous weapon</span> means any device or substance designed or capable of being used to inflict serious
               injury to any person or property; including, but not limited to: firearms, air guns,
               BB guns, pellet guns, knives or razors with a blade more than three inches in length,
               metallic knuckles, clubs, blackjacks, nightsticks, dynamite cartridges, bombs, grenades,
               explosives, Molotov cocktails, and sword canes.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               <span class="ital">Noxious substance</span> means any substance that is harmful, destructive, foul, or offensive to human beings,
               such as but not limited to garbage, trash, refuse, animal parts or fluids, manure,
               urine, feces or other organic waste by-products.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               <span class="ital">Obstruct</span> means to interfere with pedestrian or vehicular movement on a public road way, public
               sidewalk, public right-of-way, entrance or exit to private property, or any other
               area open to the public.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               <span class="ital">Obstruction object or instrument</span> means a device commonly known as a "lock box" or "sleeping dragon" or any of the
               components of such a device including but not limited to: pipes, tubes, wire handcuffs,
               chains, carabineers, padlocks, or containers either weighted or not.
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               <span class="ital">Sidewalk</span> means that portion of the street right-of-way which is designated for the use of
               pedestrians and may be paved or unpaved and shall include easements and rights-of-way.
               </p>
            		
            <p class="incr1">
               (8)
               </p>
            		
            <p class="content2">
               <span class="ital">Temporary shelter</span> means tents, tarps, or any type of structure or cover that provides partial shelter
               from the elements.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Application for permit to assemble.</span> The requirements for a permit to assemble are as follows:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               A group of 25 or more persons must submit to the county manager an application for
               permit to assemble. The application must contain the following information:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
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               The name of the organization or group sponsoring or proposing to assemble;
               </p>
            		
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               b.
               </p>
            		
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               The name of the individual submitting the application;
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               The name, phone number and address of the individual who will be responsible for carrying
               the permit as required in subsection (b)(3) below;
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               The location or locations on county property where the assemblers propose to assemble.
               Permitted locations include the lawns of the Justice Center, Government Center, 1924
               Courthouse, Social Services and Public Health;
               </p>
            		
            <p class="incr2">
               e.
               </p>
            		
            <p class="content3">
               The date on which the assembly is to occur, including starting and ending times; and
               </p>
            		
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               f.
               </p>
            		
            <p class="content3">
               The anticipated number of participants.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Upon receipt of a completed, valid application, the county manager shall approve the
               application.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               The person in charge of the assembly shall carry the permit at all times and shall
               present it when so requested.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Standards of conduct for assemblies.</span> Assemblies held on public property must abide by the following standards of conduct:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Assemblies are restricted to the use of the grassy areas and cannot at any time nor
               in any way obstruct, interfere with, or block the following: persons entering or exiting
               from vehicles; persons crossing streets or otherwise using the public way; the entrance
               or exit to any building or access to property abutting the street or sidewalk; emergency
               personnel in the performance of their duties; or pedestrian or vehicular traffic.
               Assemblies shall not be conducted on any public roadway used primarily for vehicular
               traffic, nor interfere with the business of the county or state. Parking must be in
               designated parking spaces.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Assemblers may carry written or printed placards or signs not exceeding 36 inches
               provided the words used would not tend to incite violence. The staff or pole on which
               a sign, flag, or banner may be carried shall be made of corrugated material, plastic,
               or wood and shall not be made of metal or metal alloy. If made of wood, the staff
               or pole shall be no greater than three-fourths inch in diameter at any point. A staff
               or pole must be blunt at both ends.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               If more than one group of assemblers desires to assemble at the same time at or near
               the same location, law enforcement officers may, without regard to the purpose or
               content of the message, assign each group a place to assemble in order to preserve
               the public peace. Members of a group shall not enter an area assigned to another group.
               Priority of location shall be based upon which group of assemblers applied first and
               at the discretion of law enforcement.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Spectators of assemblies shall not physically interfere with individuals engaged in
               assembling. Assemblers and spectators of assemblies shall not speak fighting words
               or threats that would tend to provoke a reasonable person to a breach of the peace.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               Parking is restricted to designated parking spaces.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               Nothing in this section prohibits a law enforcement officer from issuing a command
               to disperse in accordance with G.S. 14-288.5 in the event of a riot or disorderly
               conduct by an assemblage of three or more persons.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Prohibited activities on public property.</span> The following activities are prohibited on public property:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               It shall be unlawful for anyone to camp on any public property owned by the county
               including public rights-of-way and sidewalks. Camping is deemed a public nuisance
               and the county may summarily remove a temporary shelter, bedding or personal belongings.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               It shall be unlawful to light or use a campfire or bonfire on public property, unless
               otherwise permitted.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               It shall be unlawful for any person, other than governmental employees or its agents
               in the performance of their duties, to possess any obstruction object or instrument
               with the intent to obstruct on a public road, public sidewalk, public right-of-way,
               entrance or exit to private property or any other area open to the public.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               It shall be unlawful for any person, other than governmental employees in the performance
               of their duty, to attach themselves to another person, building, vehicle or fixture
               with the intent to obstruct pedestrian or vehicular movement on a public road, public
               sidewalk, public right-of-way, entrance or exit to private property or any other area
               open to the public.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               It shall be unlawful to hang, fasten, or attach any rope, wire, chain, sign, banner,
               or electrical device or power cord to any public or private property including buildings,
               bridges, overpasses, vehicles, construction equipment, memorials, utility poles, trees
               or artwork unless express permission has been granted by the owner or manager of the
               property.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               It shall be unlawful for any person to possess, throw, emit, cause to be used as a
               projectile, or otherwise disperse any noxious substance with the intent to use the
               noxious substance to interfere with a lawful assembly or to interfere with emergency
               services or to interfere with a person's right of entry or right to leave a place.
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               No person observing, engaging in or assisting in assembling shall bring to or allow
               to remain in the immediate area of assemblies any vicious animal.
               </p>
            		
            <p class="incr1">
               (8)
               </p>
            		
            <p class="content2">
               It shall be unlawful for any person to possess on or about his person or vehicle any
               firearm or dangerous weapon of any kind, whether exposed or concealed, while participating
               in or present at any assembly. This section shall not apply to the following persons
               while acting lawfully and within the scope of their duties and authority:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Law enforcement officers and
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Officers and soldiers of the armed forces, militia and National Guard.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Law enforcement lines and barricades.</span> Law enforcement officers are authorized to establish law enforcement lines and barricades
               to preserve the public peace, arrest offenders and to protect the rights of persons
               and property. It shall be unlawful for anyone to intentionally cross over a law enforcement
               line or barricade.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <span class="ital">Penalty.</span> Any person who fails or refuses to abide by or otherwise violates this article shall
               be subject to the following sanctions or penalties:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The county manager or agent may revoke any permit granted under this section if any
               participant in an assembly fails to comply with the requirements of this article.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Any violation of any part of this article shall be a misdemeanor offense and subject
               the violator to the penalties as set forth in <a href="" data-chunk-id="COOR_CH1GEPR_S1-14GEPE" class="section-link" data-product-id="13891">section 1-14</a> of this Code.
               </p>
            		
            <p class="historynote0">
               (Ord. No. 2012-12, 8-20-2012; Ord. No. 2022-03, 2-7-2022)
               </p></div>