Loading...
HomeMy WebLinkAboutAgenda - 10-17-1995 - X-C R 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No.X- ACTION AGENDA ITEM ABSTRACT Meeting Date: October 17,1995 SUBJECT: ORDINANCE REGULATING THE USE AND OPERATION OF FACILITIES OWNED OR OPERATED BY ORANGE COUNTY DEPARTMENT: COUNTY ATTORNEY AND PURCHASING PUBLIC HEARING:YES: NO: xx ATTACHMENT(S): INFORMATION CONTACT: County Attorney or Ordinance Purchasing Director Telephone Number- Hillsborough 732-8181 Chapel Hill 967-9251 Mebane 227-2031 Durham 688-7331 PURPOSE: To receive information regarding a proposed ordinance regulating the use and operation of facilities owned or operated by Orange County. BACKGROUND: This ordinance is being proposed to address the following issues: Consolidation of various policies which govern the use of County facilities(buildings and grounds) into one central location; and Clarification of certain policies and procedures which govern the use of County facilities;and s Establishment of policies governing the use of County facilities which satisfy newly enacted legislation. The County Attorney will provide a more detailed analysis during presentation at the Board meeting, however, a summary of the contents of the proposed ordinance is as follows: • SOLICITATION The County currently has a solicitation policy with exclusions as cited in Article 111 of the attached ordinance. The solicitation policy being incorporated into the ordinance does not amend the current policy. 0 SKATEBOARDING AND RELATED ACTIVITIES Safety of clients coming to and from County facilities is the central issue surrounding Article IV. There is presently no prohibition of skateboards or similar activities around County facilities. This section of the ordinance would allow the County Manager, in consultation with departments operating in the facility, to designate appropriate areas for this activity. + PARKING The issue to specifically be addressed in Article V is the removal of abandoned vehicles from County property and the process by which owner notification and vehicle disposal is made. There is presently no policy which addresses this matter. 2 • CONCEALED HANDGUNS Effective December 1,1995 it will be permissible for members of the general public who meet certain criteria to carry concealed handguns. If the County chooses not to allow concealed handguns in County facilities,it must enact an ordinance specifically prohibiting this action. By adoption of this ordinance the Board will prohibit the carrying of concealed handguns in County facilities and cause notification of such to be posted at each facility. • ANIMALS The proposed ordinance prohibits animals in County facilities, unless they have been registered pursuant to NC General Statute 168.4.3 as assistance providers to: • Mobility impaired person;or • Visually impaired person;or • Hearing impaired persons. This clarifies, but does not modify the existing policy. The ordinance, in its final form, will be presented to the Board for approval at the November 6, 1995 Commissioner's meeting. RECOMMENDATION: The Manager recommends that the Board receive the report. 3 AN ORDINANCE REGULATING THE USE AND OPERATION OF FACILITIES OWNED OR OPERATED BY ORANGE COUNTY ARTICLE I GENERAL PROVISIONS Section 1 . 1 Long Title An ordinance regulating the use and operation of facilities owned or operated by the County of Orange, North Carolina. Section 1 .2 Short Title This Ordinance may be referred to as the "Orange County Facilities Use Ordinance" . Section 1 . 3 Authority This Ordinance is adopted pursuant to the general authority contained in Article 8 , Part 2 of Chapter 153A of the North Carolina General Statutes . Authorization for certain sections of this Ordinance is as enumerated below. Section 1 .4 Intent and Purpose This Ordinance is enacted in order to effect the responsibilities enumerated in Article 8, Part 2 of Chapter 153A of the North Carolina General Statutes, as well as to ensure the efficient and safe execution of the County' s business and the comfortable enjoyment of the County' s facilities by its citizens . Section 1 . 5 Severability Should any provision of this Ordinance be found to be unconstitutional by a court of law, such provision shall be severed from the remainder of the Ordinance, and such severance shall not effect the enforceability of the remaining provisions of the Ordinance. f• A 4 Section 1 . 6 Construction (a) This Ordinance shall be liberally construed according to the fair import of its terms with full and careful consideration given to its regulatory function. (b) Words importing the masculine gender shall include the feminine and words importing the feminine shall include the masculine. Section 1 . 7 Applicability This Ordinance may apply to any land, property or facility adjoining, adjacent, or connected to any facility or property of Orange County which otherwise would not be covered because of any right of way, easement or other interest in land belonging to any municipality if the municipality by resolution permits it . Section 1 . 8 Conflict with Other Laws Whenever the provisions of this Ordinance conflict with the provisions of any other ordinance, regulation or resolution of the County, this Ordinance shall govern. ARTICLE II DEFINITIONS Unless otherwise defined, as used in this Ordinance : "Abandoned motor vehicle" is one that : (1) Is left on county property in violation of Article V of this Ordinance; or (2) Is left for longer than 24 hours on County property. "Animal" includes any live, vertebrate creature specifically including, but not limited to dogs, cats, farm animals, birds, fish 5 and reptiles . "Board" means the Orange County Board of Commissioners . "Charitable Organization" means an organization that has a humane, philanthropic or benevolent purpose, including environmental, health, educational, humane, patriotic, scientific, artistic, social welfare, and civic, whose activities benefit humanity or a significant rather than limited segment of the community without expectation of pecuniary profit or reward and is exempt from taxation under either G.S. §105-130 . 11 (a) (3) or G.S. §105-130 . 11 (a) (5) or Section 501 (c) (3) of the Internal Revenue Code as amended. "County" shall mean Orange County, North Carolina. "County Manager" shall mean the Orange County Manager or any of his or her designees . "County Facilities" or "County Property" shall mean any and all real property now or hereafter owned, leased as lessee, operated, occupied, managed or controlled by the County for any purpose, except, as relates to Articles III and IV, it shall not include any real property now or hereafter owned, leased as lessee, operated, occupied, managed or controlled by the County which is used solely for parks and related recreational purposes and therefor is subject to "An Ordinance Regulating Parks and Recreation in Orange County. " "Grounds" includes any lands now or hereafter owned, leased as lessee, operated, occupied, managed or controlled by the County, but does include any building or structure now hereafter owned, 6 leased as lessee, operated, occupied, managed or controlled by the County. "Handgun" includes any dangerous firearm including a pistol or revolver designed to be fired by the use of a single hand. "Motor Vehicles" includes, but is not limited to, automobiles, motorcycles, mopeds, trucks, or any machine designed or intended to travel over land or water by self-propulsion or while attached to a self-propelled vehicle . "Person" means any individual, association, corporation, partnership, legal representative, fiduciary or other legal or commercial entity. "Solicitation" or "Solicit" means, but is not limited to : (a) requests for contributions from persons for charitable or eleemosynary purposes; (b) business activities of itinerant merchants, salesman, promoters, drummers, peddlers, and hawkers; and (c) canvassing persons for contributions for the private benefit of the canvasser or any other person. It shall not include any activities associated with any government or County sponsored events. "Skateboarding and related activities" includes, but is not limited to, the use of any skateboard, scooter, roller-blades, roller skates, mini-bike, go-cart, or any other wheeled instrument used primarily or traditionally for recreational or sport purposes . "Tow" in any of its forms includes to remove a vehicle by any means including towing and to store the vehicle . 2 7 "Tower" means the person who towed the vehicle . "Towing fee" means the fee charged for towing and storing. ARTICLE III SOLICITATION Section 3 . 1 Prohibition Except as otherwise provided herein, solicitation is prohibited at all County facilities . Section 3 . 2 Permitted Solicitation Any charitable organization wishing to solicit at facilities owned or operated by the County may apply for a solicitation permit with the County Manager' s office . Any solicitation permit issued by the County Manager shall limit the solicitation activities to as follows : (a) the solicitation activities of the charitable organization may only occur during normal business hours; (b) the solicitation activities of the charitable organization are to be conducted in a manner so as not to interfere 1 with the ordinary operations of the government; and (c) solicitation from office to office and workplace to workplace is prohibited. A solicitation permit shall be issued for any charitable organization that applies unless the County Manager finds any of the following: 1) That the organization seeking permission to solicit contributions is not in fact a charitable organization as defined in this Ordinance; 8 2) That the individual requesting permission to solicit contributions and or performing the solicitation, lacks proper credentials identifying them as a representative of the charitable organization and that this relationship cannot be otherwise verified; or 3) The charitable organization applying is not licensed pursuant to Chapter 131F of the General Statutes of North Carolina and is one which is required to be . Section 3 . 3 Notice and Violation The County Manager shall caused to be placed at or near each and every County facility appropriate signs giving notice of the prohibition contained in Section 3 . 1 . ARTICLE IV SKATEBOARDING AND RELATED ACTIVITIES Section 4 . 1 Prohibition Except as otherwise provided herein, skateboarding and related activities on County property is prohibited. Section 4 . 2 Permitted Use Skateboarding and related activities shall be permitted on county property only at times when the facility is not otherwise in use and only if the County Manager, in consultation with the Departments operating in the facility, determines that skateboarding and related activities will not interfere with normal government functioning. Section 4 . 3 Notice and Violation The County Manager shall cause to be placed at or near each 9 and every County facility, notice of the prohibition contained in Section 4 . 1 . At County facilities where skateboarding or related activities are permitted, as provided in Section 4 . 2 , the County Manager shall cause to be posted at or near the facility, notice of the time and location of the permitted use . ARTICLE V PARKING Section 5 . 1 Parking Regulations Pursuant to North Carolina General Statutes §§ 153A-82 and 153A-170, the County Manager is authorized to enforce rules and regulations restricting parking at County facilities . Section 5 . 2 Removal of Abandoned Motor Vehicles; Creation of Lien The County Manager shall cause to be towed to a storage garage or area any abandoned motor vehicle as provided herein. A lien in favor of the County is hereby created in any abandoned motor vehicle for the towing fees established pursuant to this Ordinance. Section 5 . 3 Notification of Removal (a) Whenever a motor vehicle with a valid registration plate or registration is towed as provided in Section 5 . 2 of this Ordinance, the County Manager' s office shall immediately notify the last known registered owner of the vehicle of the following: (1) A description of the vehicle; (2) The place where the vehicle is stored; (3) The violation with which the owner is charged, if any; 10 (4) The procedure the owner must follow to have the vehicle returned to him; and (5) The procedure the owner must follow to request a probable cause hearing on the towing. If the vehicle has a North Carolina registration plate or registration, notice shall be given to the owner within 24 hours; if the vehicle is not registered in North Carolina, notice shall be given to the owner within 72 hours . If feasible, this notice shall be given by telephone, but in any event notice shall be mailed to the owner' s last known address unless he or his agent waives this notice in writing. (b) Whenever a motor vehicle with neither a valid registration plate nor registration is towed, pursuant to Section 5 . 1 of this Ordinance, the County Manager' s office shall make reasonable efforts, including checking the vehicle identification number, to determine the last known registered owner of the vehicle and to notify him of the information listed in subsection (a) . Prior to removing any unregistered motor vehicle the County Manager shall cause to be posted notice that the vehicle will be towed on the windshield or some other conspicuous place at least seven days before the towing occurs; except that this notice is not required if the vehicle impedes the flow of traffic or otherwise jeopardizes the public welfare so that immediate towing is necessary. Section 5 .4 Probable Cause Hearing The owner or any other person entitled to claim possession of a vehicle towed pursuant to Section 5 .2 of this Ordinance, may 11 request in writing a hearing to determine if probable cause existed for the towing. The request shall be filed with the Orange County Magistrates office . The magistrate shall set the hearing within 72 hours of receiving the request . The owner, the person who requested the hearing if someone other than the owner, the tower, and the County Manager shall be notified of the time and place of the hearing. Any interested party may present evidence at the hearing. The County Manager and the tower may submit an affidavit in lieu of appearing personally. If the magistrate finds that probable cause did exist, the County' s lien continues . If the magistrate finds that probable cause did not exist, the County' s lien is extinguished. An aggrieved party may appeal the magistrates determination to District Court . Section 5 . 5 Towing Fees Their shall be established and maintained a schedule of towing and storage fees . These fees may be adopted by resolution of the Board and may be reviewed and revised from time to time. Section 5 . 6 Release of Vehicle Any vehicle towed pursuant to this Article may be released to the owner or any other person entitled to claim possession of the vehicle at any time after towing either by the posting of a bond to secure the fees due in cases where the probable cause for the removal is challenged or by the payment of the fees due by the owner or person claiming possession. 12 Section 5 . 7 Sale of Vehicle to Recoup Costs If a vehicle towed and stored under this Article is not claimed by the owner or any other person entitled to claim possession of the vehicle within 30 days of the towing, the County Manager shall cause the vehicle to be sold as provided under N. C. Gen. Stat . §44A-4 . The proceeds of the sale shall be used to pay any towing fees . Section 5 . 8 Liability No person may be held to answer in a civil or criminal action to any owner or other person legally entitled to possession of an abandoned motor vehicle for disposing of the vehicle as provided in this section. Section 5 . 9 Infraction Any person who violates the provisions of this Article shall be responsible for an infraction, as provided in N. C. Gen. Stat . §14-4, and shall be required to pay a penalty of fifty dollars ($50 . 00) . ARTICLE VI CONCEALED HANDGUNS Section 6 . 1 Prohibition The carrying or possession of a concealed handgun on County property or in a County facility is prohibited. The County Manager shall cause to be posted a conspicuous notice at all County facilities and on County property indicating that the carrying and possession of a concealed handgun is prohibited. 1 13 Section 6 . 2 Exceptions The prohibition contained in Section 6 . 1 of this Ordinance shall not apply to: (a) Officers and enlisted personnel of the armed forces of the United States when in discharge of their official duties as such and acting under orders requiring them to carry arms and weapons; (b) Civil officers of the United States while in the discharge of their official duties; (c) Officers and soldiers of the militia and the national guard when called into actual service; (d) Officers of the State, or any county, city, or town, charged with the execution of laws of the State, when acting in the discharge of their official duties; and (e) Any person delivering the weapon to a County law enforcement agency, or for purposes of registration. ARTICLE VII ANIMALS Section 7 . 1 Prohibition Animals are not permitted in any building or portion of a building now or hereafter owned, leased as lessee, operated, occupied, managed or controlled by the County. Animals may be brought onto grounds now or hereafter owned, leased as lessee, operated, occupied, managed or controlled by the County only if the animal is on a leash or other suitable restraint device and is under the control of a competent person. 1 14 Section 7 . 2 Exception The prohibition contained in Section 7 . 1 shall not apply to any assistance dog especially trained for the purpose of providing assistance to a mobility impaired person, visually impaired person or hearing impaired person so long as the dog has been registered as such pursuant to North Carolina General Statutes §168-4 . 3 . s "