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HomeMy WebLinkAboutAgenda - 11-09-2017 - 2 - Review and Update of Portions of the Unified Development Ordinance and Code of OrdinancesORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 9, 2017 Action Agenda Item No. 2 SUBJECT: Review and Update of Portions of the Unified Development Ordinance and Code of Ordinances DEPARTMENT: County Attorney ATTACHMENT(S): INFORMATION CONTACT: Ordinance Overview and Excerpts John Roberts, County Attorney, 245- 2318 PURPOSE: To review information on various County ordinances that may be out of date or in need of amendment. BACKGROUND: The purpose of this item is to both provide an update to the Board of Commissioners on ordinance amendments that are in process and request direction from the Board on what action to take on ordinances that may be outdated and no longer relevant, not authorized by law, or confusing and burdensome to the public. The County Attorney will provide an overview and give a brief background on the following ordinances for discussion: • Unified Development Ordinance o Conditional Use Districts – Update o Number of Land Uses – Update o Major Subdivisions – Update • Code of Ordinances o Chapter 1; General Penalties – Request Direction o Chapter 4; Animal Control – Update-Amendment forthcoming o Chapter 6; Insulation Contractors – Repeal recommended o Chapter 10; Cable Communications – Removal from Code recommended o Chapter 16; Noise – Request Direction o Chapter 18; Skateboarding, Animals – Repeal recommended o Chapter 24; Exposure of the Female Body – Repeal recommended o Chapter 34; Solid Waste Management – Update FINANCIAL IMPACT: There is no financial impact associated with this item. SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends the Board discuss the various ordinances and provide direction to staff. 1 2 Recommendations in RED UNIFIED DEVELOPMENT ORDINANCE Conditional Use Districts- Better option (Conditional Zoning) already exists in the UDO; both the North Carolina Bar Association and the University of North Carolina, School of Government have recommended that the legislature repeal Conditional Use District authority for multiple reasons. The legislature is currently working on this. It is unduly burdensome to applicants and County staff. It requires a legislative rezoning AND a quasi-judicial hearing. Everything that may be accomplished in a Conditional Use District may be accomplished through Conditional Zoning. Recommending repeal to planning board and staff • "A conditional use district rezoning is initiated when the owner asks for a rezoning to a new zoning district that does not have any automatically permitted uses, only uses allowed by the issuance of a conditional use permit. In the usual conditional use district rezoning process,the owner applies for a special or conditional use permit for a particular project at the same time the rezoning is requested and the two decisions (the rezoning and the permit) are considered in a single proceeding." (UNC School of Government) • "This is different from a conditional use district in that there is no accompanying conditional use permit. All of the site specific standards and conditions (sometimes including a site plan) are incorporated into the zoning district regulations." (UNC School of Government) Reduce the number of land uses- Planning is currently rewriting the Table of Permitted Uses, so this the best time to reduce the number of land uses. Examples for cleanup: No need for distinctions between Bed & Breakfast, Bed & Breakfast Inn, Country Inn, Residential Hotel, Rooming House, etc.Amendment in process Consolidate and streamline major subdivisions-There are exempt subdivisions, minor subdivisions, and five different types of major subdivisions. Planning staff are in agreement that subdivisions could be streamlined to three total types of subdivision; exempt, major, minor. Recommending to Planning Board and staff amendment GENERAL ORDINANCES Chapter 1 Penalties-The Board indicated it may not be comfortable with violations of county ordinances resulting in a $500 fine and 30 days in jail. Reducing the penalties here will reduce the penalties for all those ordinances that don't have a specific penalty included within their terms. Provide Direction Chapter 4 Animal Control Ordinance-Amend to clearly specify what may be appealed to the appeal panels. Current language is problematic in that it could be construed to allow appeal of items not traditionally subject to appeal. Amendment in Progress Chapter 6 3 Recommendations in RED Insulation Contractors Ordinance-Obsolete and no longer enforced. The state building code has been amended substantially since this ordinance was adopted. The state building code now allows contractors to engage numerous alternative compliance methods that circumvent the ordinance. Repeal Chapter 10 Cable Communications Ordinance-Governs franchises and thus not appropriate for the Code of Ordinances as franchise ordinances are maintained separate and apart from the Code. Remove from Code and maintain as a separate franchise ordinance template for possible repeal at a later date. The County's franchise with Time Warner expired in 2009 and the authority for granting and renewing such franchises was withdrawn by the legislature in SL 2006-151 Chapter 16 Noise Ordinance- Board members previously indicated the board may wish to amend the noise ordinance. Provide Direction Chapter 18 Weapons Ordinance-State law requires certain concealed firearms be allowed in areas the ordinance currently restricts. Need to update definitions and prohibitions to comply with state law. Amendment Forthcoming Skateboarding Ordinance- Prohibited in facilities use policy. Having it in the Code criminalizes this activity. Provide Direction Animals Ordinance- Prohibits dogs in county-owned buildings except in limited circumstances. Allowable circumstances don't comply with current law. More appropriate for Facilities Use Policy. Repeal. Facilities Use Policy amendment including this provision is pending Chapter 24 Regulating Exposure of Female Human Body Ordinance- Likely illegal and discriminatory. Repeal Chapter 34 Solid Waste Management Ordinance-The passage of House Bill 56 may require amendment to the ordinance, particularly with regard to flow control. This may be combined with a previously requested full ordinance rewrite. Amendment under consideration 4 Recommendations in RED Current Ordinance Language: Chapter 1 Sec. 1-7. -General penalty. o (a)Any person violating or failing, refusing or neglecting to comply with any provision or requirement of any section or subsection of this Code, or any ordinance of this county now in force or hereafter enacted, to which no specific penalty is affixed, shall be punished by a fine not to exceed $500.00, or shall be imprisoned for not more than 30 days, for each offense. Chapter 6 DIVISION 1. - GENERALLY Sec. 6-66. -Authority. This article is adopted pursuant to G.S. 153A-134. Sec. 6-67. -Contract provisions. All sales contracts or other contracts executed for the installation within the county of insulation or other energy utilization materials or equipment shall contain a provision that the work will meet requirements of the state building code. Any guarantees relating to quality of materials, expected performance, quality of work or equipment to be installed shall be in writing; and a copy shall be delivered to the owner and shall become a part of the contract. Sec. 6-68. - Penalties. Any person violating the provisions of this article shall be subject to all the applicable punishment, penalties and equitable relief provided for by G.S. 153A-123. DIVISION 2. - LICENSE Sec. 6-91. - Required. No person may for a consideration install, alter or restore, within any unincorporated part of the county and within any city that adopts the ordinance from which this article is derived pursuant to the authority granted in G.S. 153A-122, any insulation or other materials or energy utilization equipment designed or intended to meet the state building code requirements for insulation and energy utilization standards who is not: (1) Licensed as a contractor to do the proposed work under G.S. ch. 87; (2)Working under the supervision of a registered architect or professional engineer; (3)An owner working upon his own building; or (4) Licensed under this article. Sec. 6-92. -Applications. Every person desiring a license under this article shall submit an application for such license to the county inspection department conforming to the following requirements: (1) Form of application. Each application shall be a written statement upon forms provided by the county building inspector. (2) Contents of application. Each application shall contain the following information: a. Name and home address of the applicant if an individual, or home office address if a corporation or partnership. b. Names and home addresses of the partners if a partnership. c. Names and home addresses of the officers and directors if a corporation. d. Place where the proposed business is to be located. 5 Recommendations in RED e. Complete record of all convictions of felonies or acts involving dishonesty, fraud or deceit by the applicant or any employee, partner, officer or director of the applicant, whether in this or any other state or jurisdiction. f. Complete record of all licenses held by the applicant or any employee, partner, officer, or director of the applicant authorizing activities of the type regulated by this article or other activities involving construction, alteration or modification of buildings and structures. g. Information as to the circumstances in which any local, state or federal government agency has refused, suspended, or revoked a license of the type described in subsection 6-92(2)f. of this section to the applicant or any employee, partner, officer or director of the applicant. h. Name and address of the owner of the property where the insulation has been installed by the applicant or who purchased insulation from the applicant within or outside the county. i. Name of the bank with which the applicant conducts his business banking. j. Business references. (3) License fees. Each application shall be accompanied by a license fee set from time to time, such amount to be for the calendar year. Applications received on or after July 1 shall be accompanied by a license fee set from time to time. (4) False statements. False statements on any application for a license shall be grounds for immediate revocation or denial of such license. Sec. 6-93. - Procedure for issuance. (a) Review by county officers. Each application for an insulation license received by the county inspection department shall be promptly forwarded to the county building inspector for review. He shall request comments from the county sheriff and all references listed related to the contents of the application as a part of his review. (b) Licensing agency. The applicatio n and any comments and recommendations shall then be considered by the building inspector, who shall then issue or deny the license pursuant to the standards given in subsection 6-93(c) of this section. (c) Standards. The county building inspector shall issue the license unless he shall find that the applicant or any employee, partner, officer or director of the applicant has: (1) Been convicted within the last three years of a felony or an act involving dishonesty, fraud or deceit, whether in this or any other state or jurisdiction. (2) Been refused a license to do the type of work authorized in this article or has had such a license suspended or revoked by any local, state or federal government or agency, and such agency has not subsequently granted or restored such license. (3) Knowingly made a false statement in the application. (4) Failed to post the bond or other security required by section 6-121. (d)Appeal from denial. Any applicant whose license is denied may appeal the denial to the board of commissioners. After reasonable notice to the applicant, the board shall afford the applicant an opportunity to show why its license should not be denied. Sec. 6-94. - Termination; renewal. All licenses issued under this division shall terminate on the last day of the calendar year for which issued. Renewal of such licenses shall be pursuant to the same procedures and requirements set forth for initial issuance, including payment of the license fee prescribed. Sec. 6-95. - Suspension; revocation; appeal. (a) The county building inspector may suspend or revoke any license issued under this division at any time upon a showing that the applicant or any employee, partner, officer, or director of the applicant has: (1) Knowingly made a false statement in the application for a license; (2)Violated the state building code requirements as to insulation or energy utilization equipment or materials, whether in this or any other jurisdiction; or (3) Been convicted of any act involving dishonesty, fraud or deceit with respect to any contract entered into for work requiring this license. 6 Recommendations in RED (b)Any licensee whose license is suspended or revoked may appeal the suspension or revocation to the board of commissioners. After reasonable notice to the licensee, the board shall afford the licensee an opportunity to show why its license should not be suspended or revoked. Sec. 6-96. -Change of location. The location of any business licensed under this division may be changed provided ten days' notice is given to the county inspection department and operation at such new location does not violate any applicable state or local law, ordinance or regulation. Sec. 6-97. - Bond required. (a) Before a license required by this division shall be issued to any applicant, the applicant shall post a bond in the amount of$1,000.00 with the county, which provides a principal amount of$1,000.00 per insulation installation project for the purpose set forth in subsection 6-97(b)of this section. (b)The security required by subsection 6-97(a) of this section shall be available to indemnify any person for any damage that may accrue by reason of the applicant's failure properly to provide or install insulation, energy utilization equipment or other materials designed or intended to meet the state building code standards for insulation and energy utilization. DIVISION 3. - PERMIT Sec. 6-121. - Required; insulation and energy utilization fee; persons exempted. (a) No person may for a consideration install, alter or restore, within any unincorporated part of the county and within any city which adopts the ordinance from which this division is derived pursuant to the authority granted in G.S. 153A-122, any insulation or other materials or energy utilization equipment designed or intended to meet the state building code requirements for insulation and energy utilization standards without first securing a permit for the work to be done. Such permit shall be either: (1)A general building permit, secured from the county inspection department and evidencing full compliance with all applicable requirements of the state building code and other state and local laws; or (2)An insulation and energy utilization permit, secured from the county inspection department and evidencing full compliance with the insulation and energy utilization standards in the state building code. For each such insulation and energy utilization permit issued, there shall be a fee of$10.00 for insulation projects up to 1,500 square feet of insulated area; $20.00 for all other insulation projects. (b) The following persons are exempted from the requirements of obtaining a permit: (1)An owner working upon his own building; and (2)Any person working under the supervision of a registered architect or professional engineer. Chapter 16 Noise Sec. 16-51. - Definitions. o In addition to the common meaning of words, the following definitions shall be used in interpreting this Article. Amplified:Any increase of sound by the use of mechanical or electronic equipment. ANSI standards:American National Standards Institute (ANSI) Publication ANSI, S1.4-1997 or the latest approved version thereof. "A"weighting scale:The sound pressure level in decibels as measured with a sound level meter using the "A"weighted network (abbreviated as "dB(A)"), as defined by the ANSI Standards). "A"weighting de- 7 Recommendations in RED emphasizes the very low and very high frequency components of sound in a manner similar to the response of the human ear. dB(A):Sound level in decibels determined by the "A"weighting scale. Decibel:A unit of or level used to measure sound intensity, equal to the logarithm of the ratio of the intensity of the sound to a reference pressure. Impact sound: Sound that occurs intermittently rather than continuously. Motor vehicle:Any motor vehicle as defined by G.S.§ 20-4.01(23), or its successor statute. Noise: Includes any sound or source of sound prohibited by section 16-52 of this Article, or any unreasonably loud and disturbing noise as defined herein and prohibited by subsection 16-53(a) of this Article, or any sound that exceeds the maximum permissible sound levels set by subsection 16-53(b)and measured as set forth in section 16-54 of this Article. Person:Any individual, association, firm, partnership, corporation or business entity. Receiving land: Property that receives the transmission of noise or other sound that is generated on other property. Sound level: In decibels, a weighted sound pressure level on the "A"weighting scale determined by the use of a sound level meter whose characteristics and frequency weightings are specified in the ANSI standards. Sound level meter:Any type three instrument certified to meet or exceed ANSI standards, which includes an omni-directional microphone, an output meter and frequency weighting network(s), and other mechanisms for the measurement of sound level. Unreasonably loud and disturbing noise:Any sound which is substantially incompatible with the time and location where created, and which is perceived by a person of ordinary sensibilities as interrupting the normal peace and calm of the receiving land. The following factors incident to unreasonably loud and disturbing noise shall be considered: time of day; proximity to residential structures; whether the sound is recurrent, intermittent or constant; the volume and intensity; whether the sound has been amplified in volume or range; the character and zoning of the area, including the receiving land; whether the sound is related to recreational or utilitarian activities normally associated with the use of property or the normal operation of a business or other labor activity; whether the sound is subject to being controlled without unreasonable effort or expense to the creation thereof. Sec. 16-52. - Specific prohibitions. o It shall be unlawful to carry on the following activities in any part of the unincorporated areas of Orange County that is zoned for residential use (as defined in the Orange County Zoning Ordinance), or within 300 feet of any structure used as a residence (other than the residence of a person involved in the activity) in an unincorporated area of Orange County regardless of its zoning classification. (1) Operate or permit the operation of any recreational motorized vehicle between the hours of 9:00 p.m. and 8:00 a.m., if the vehicle is being driven off-road for racing. This section shall apply to all noncommercial off-road racing of recreational motorized vehicles, whether or not self-propelled or duly licensed or registered, including racing vehicles, motorcycles, go-carts, snowmobiles and motor boats 8 Recommendations in RED except when any of the foregoing is operated in association with hunting or fishing, or permitted commercial racetracks or other permitted commercial use of property. (2) Operate lawn mowers, chainsaws and other landscaping and domestic equipment outdoors between the hours of 9:00 p.m. and 7:00 a.m. (3) Using the compression release engine or transmission breaking system of motor vehicles between the hours of 9:00 p.m. and 8:00 a.m. in nonemergency circumstances. Sec. 16-53. - Maximum permissible standards by receiving land. o (a) It shall be unlawful for any person to make, create, permit, or to continue any source of unreasonably loud and disturbing noise in Orange County. (b)Any continuous, regular, frequent, or intermittent source of sound produced by any activity shall be limited to the following maximum permissible sound levels according to the time of day and zoning category of the receiving land as stated in Table I below when measured as specified in section 16-54. TABLE I: Sound Levels dB(a) by Receiving Land Zoning Category as Defined by the Appropriate Zoning Ordinance Maximum decibel (dB(A)) levels Maximum decibel (dB(A)) levels during the following hours of day: during the following hours of Sunday—Thursday 8:00 a.m. —evening: Receiving land zoning category Sunday—Thursday 9:00 p.m. — 9:00 p.m. Friday&Saturday 8:00 a.m. — 8:00 a.m. 11:00 p.m. Friday&Saturday 11:00 p.m. — 8:00 a.m. Residential or planned development 60 dB(A) 50 dB(A) having a residential component Commercial 65 dB(A) 55 dB(A) Industrial 70 dB(A) 60 dB(A) (Ord. of 6-7-2005, art. III, eff. 6-7-2005) Sec. 16-54. - Sound measurement standards. 9 Recommendations in RED o Standards, instrumentation, and measurement procedures to be used in the measurement of sound as provided for in this Article are as follows: (1) Sound level measurement shall be made with a sound level meter using the "A"weighting scale set on "slow response," except for measurements of impact sound, set on "slow response. Impact sound shall be measured using the fast response of the sound level meter. (2)The entire sound measurement system shall be serviced and operated as recommended by the manufacturer. Any officer authorized to enforce this ordinance shall be trained in the use of sound level measurement and the operation of sound level meters. (3) Except in the case where noises are emanating from within multi-family structures and the complainant is a resident of the same multi-family structure, noise measurements shall be taken at the corner of the primary structure of the complainant nearest the noise source but when this location is not practical noise measurements shall be made at the boundary of the public or private right-of-way which adjoins the complainant's property. (4) In the case of noises emanating from within a multi-family structure and where a complainant is a resident of the same multi-family structure, noise measurements shall be made in the unit of complainant at a height of at least four feet above the floor and at a point approximately equidistant from all walls. (5) No individual other than the officer operating the meter shall be within ten feet of the meter during the sample period. (6)The meter shall be calibrated immediately before use and recalibrated after use. (7)The officer operating the meter shall face the noise source and record the meters instantaneous response observed at consecutive ten second periods. The sound meter operator may cease taking readings as soon as the readings already taken show a violation of this Article. Five readings above the allowed decibel limits as specified in subsection 16-53(b)attributed to the sound source or sources shall constitute prima facie evidence of a violation of the maximum permissible sound levels set in this Article. Sec. 16-55. - Exceptions. o The following are exempt from the provisions of this Article: (1) Construction operations from 7:00 a.m. to 9:00 p.m. on weekdays and 8:00 a.m. to 9:00 p.m. on weekends for which any required building permits have been issued, provided all equipment is operated according to the manufacturers' specifications and with all standard equipment, manufacturers' mufflers and noise reducing equipment are in use and in proper operating condition. (2) Noises of safety signals, warning devices, emergency pressure relief valves and church bells or chimes. (3) Noises resulting from any authorized emergency vehicle when responding to any emergency call or acting in time of emergency. (4) Nonamplified noises at street activity(such as fairs or parades)where the participants have a permit, if a permit is required by law for such activity. 10 Recommendations in RED (5)Agricultural or forestry activities from bona fide farming and forestry operations when equipment or machinery is operated in accordance with manufacturers'specifications and with all standard noise reducing equipment in place and in good working order. (6)All noises coming from the normal and legal operation of properly equipped aircraft (not including scale model aircraft). (7)All noises coming from normal operation of motor vehicles properly equipped with a standard muffler, in good working order and in constant operation, including noises coming from compression release engine or transmission breaking systems when used in emergency circumstances. (8) Noise from lawful fireworks and noisemakers on holidays. (9) Lawn mowers, chainsaws and other landscaping equipment used between 7:00 a.m. and 9:00 p.m. when operated with all the manufacturers'standard noise reducing mufflers in use and in proper operating condition. (10) Nonamplified crowd noise at regularly scheduled athletic events at county parks, and public or private schools. (11) Nonamplified speeches made from a fixed location in nonresidential property. (12)Trains and associated rolling stock. (13)Activities by government personnel in the performance of their duties, including without limitation the armed forces and law enforcement personnel. (14) Sound or noise emanating from construction or repair work and regulated activities of utilities regulated by the North Carolina Utilities Commission. (15) Blasting, but only as permitted by state law and county regulations. (16) Commercial race tracks, as permitted by state law and county regulations. (17) Discharge of firearms, but only as permitted by state law and county regulations. (18) Refuse and recycling collection vehicles when operated between the hours of 6:00 a.m. and 9:00 p.m. according to the manufacturers' specifications and with all standard noise reducing equipment in place and in proper condition. Sec. 16-56. - Burden of proof regarding exceptions. o In any proceeding based upon this Article, if an exception stated in this Article would limit obligation, limit liability, or eliminate either an obligation or liability, the person whom would benefit from the application of the exception shall have the burden of proving that the exception applies and that the terms of the exception have been met. Sec. 16-57. -Violations and penalties. o (a) Violations. (1)The Orange County Sheriff shall be responsible for the enforcement of this Article, including responding to complaints concerning possible noise, such as specifically prohibited noise and 11 Recommendations in RED unreasonably loud and disturbing noise, determining noise level violations of this Article and issuing of warnings or notices as provided for in this Article. (2) Upon his or her determination that there is probable cause to believe that a violation of this Article has occurred, the Orange County Sheriff shall determine the source of the noise and the person responsible for it and promptly notify the person responsible for the noise of the fact that a violation has occurred. (3)Any person or persons violating this Article shall be first warned of the unlawfulness of such noise activity and be given a reasonable opportunity to peacefully disperse, discontinue or to abate such noise condition prior to being subject to further enforcement action. Not more than one warning shall be given for a violation, and additional warnings will not be given for a continuing violation. (4) Failure on the part of the person or persons responsible to timely comply with the Sheriff's directive to eliminate the violation or to otherwise abate the violation, after notification, shall constitute a violation of this Article. (5)An arrest, citation or complaint for the violation of any part of this Article must be based on probable cause arising from objective evidence of the following: a. A specifically prohibited noise identified in section 16-52. (Provides minimum noise protection and the least inclusiveness of the types of noises prohibited); and/or b. Physical sense perceptions and observations of unreasonably loud and disturbing noise as defined in, and proscribed in subsection 16-53(a), at the time and place such is occurring (provides intermediate noise protection and intermediate inclusiveness of the types of noises prohibited); and/or c. Noise that exceeds the maximum permissible sound levels prescribed in subsection 16-53(b) of this Article (provides maximum noise protection and maximum inclusiveness of the types of noises prohibited); and/or d. Noise that violates any combination of the foregoing. (6) For purposes of this Article the "Orange County Sheriff'shall include the Sheriff and any Deputy Sheriff of Orange County. (b) Civil penalties. (1)Any person violating any of the provisions of this Article shall be subject to a civil penalty of$100.00. Each day of a continuing violation shall constitute a separate violation under this subsection. (2)The county manager, or his or her designee, shall be authorized to assess civil penalties under this Article and shall make written demand for payment upon the person responsible for the violation and shall set forth in detail the violation for which the penalty has been invoked. If payment is not received or equitable settlement reached within 60 days after demand for payment is made, the matter shall be referred to the county attorney for institution of a civil action in the name of the county in the appropriate division of the General Court of Justice of Orange County for recovery of the penalty. Any sums recovered shall be used to carry out the purposes and requirements of this Article. (c) Criminal penalties. Any person who violates any provision of this Article shall be deemed guilty of a class 3 misdemeanor punishable by imprisonment not to exceed 15 days or by fine not to exceed $500.00, or both. Each day of a continuing violation shall constitute a separate violation under this subsection. 12 Recommendations in RED Sec. 16-58. -Abrogation. o This Article repeals the existing Orange County Noise Ordinance adopted August 15, 1983, as amended on February 1, 1988. This Article is not intended to repeal, abrogate or impair any greater restriction imposed by any other state law or local government ordinance or any existing easements, covenants, or deed restrictions. Wherever the provisions of any other law, ordinance, regulation or restriction impose higher standards than are required by the provisions of this Article, this Article does not prohibit the enforcement of any such law, ordinance, regulation or restriction. Chapter 18 Weapons Sec. 18-151. - Definitions. For purposes of this section and any other Code of Ordinances section that addresses the possession of firearms or weapons, the following terms are hereby defined: Athletic facility means a building, structure or place for engaging in sporting events, recreational activities, fitness or physical training. Athletic field means a piece of land traditionally used for organized athletic or sporting event(s), including the adjoining spectator area. Handgun means a gun or firearm designed to be held and operated by one hand including but not limited to any revolver, pistol, derringer, pepperbox, machine pistol, single-shot pistol, or semi- automatic pistol. Playground means a piece of land used for and usually equipped with facilities for recreation especially by children including the adjoining area and shelter used by children for respite, eating and playing sedentary games. Pocket knife means a folding knife typically used for utilitarian purposes having an overall length of four inches or less when in its closed position. Recreational facilities include the following: a playground, an athletic field, a swimming pool, and/or athletic facility owned, leased, or operated by Orange County. Weapon includes, but is not limited to, any rifle, shotgun, weapon of mass destruction, or knife (excluding pocket knives). Sec. 18-152. - Prohibition. (a) It shall be unlawful for any person to possess or carry a concealed or non-concealed handgun or weapon, on or in any county-owned, leased, or operated building or its appurtenant premises including, but not limited to, a parking lot, or on or in any public school building or grounds. (b) It shall be unlawful for any person to possess or carry a concealed or non-concealed handgun, with or without a permit, or weapon on, in or within any of the recreational facilities as defined above in any of the county parks listed in Section 18-154. Except as otherwise provided herein, the County Manager or his or her designee is authorized and directed to post, in conspicuous locations, notices of this prohibition against carrying a concealed handgun. Nevertheless, a concealed handgun permittee may, at the designated parking area of a recreational facility, secure the handgun in a locked vehicle within the trunk, glove box, or other enclosed compartment or area within or on the motor vehicle. (c) It shall be unlawful for any person to possess or carry a non-concealed handgun or weapon or a concealed weapon on any county-owned, leased, or operated property. Skateboarding Sec. 18-76. - Prohibition. 13 Recommendations in Except as otherwise provided in this article, skateboarding and related activities on county property is prohibited. Sec. 18-77. - 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. Sec. 18-78. - Notice and violation. The county manager shall cause to be placed at or near each county facility notice of the prohibition contained in section 18-76. At county facilities where skateboarding or related activities are permitted, as provided in section 18-77, the county manager shall cause to be posted at or near the facility notice of the time and location of the permitted use. Animals Sec. 18-186. - Prohibition. o Animals are not permitted in any building or portion of a building which is part of a county facility or located on county property. Sec. 18-187. - Exception. o The prohibition contained in section 18-186 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 G.S. 168-4.3, nor shall it apply to animals in county buildings as part of any county-sponsored activity or event. Chapter 24 Sec. 24-2. - Regulating exposure of the human female body to view. o This Ordinance shall apply to all areas of Orange County lying outside the jurisdiction of any incorporated municipality. It shall be unlawful for any female, over the age of 14 years, or any other physically developed female person to expose her breasts, in such manner, that they might be seen from, in or at any street or highway or place of entertainment or place of public assembly or any club where persons may associate for a common purpose. The term "expose her breasts" as used herein is defined as the revealing of the female breast or breasts with less than a fully opaque covering on any portion thereof lower than the top of any part of the areola, provided that the term "expose her breasts" shall not apply to plunging necklines which do not expose the areola of any part thereof to view. That if any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. That all ordinances or parts thereof in conflict with this provision of this Ordinance are hereby repealed. That any violation of this Ordinance shall constitute a misdemeanor and shall be punished as such as provided by law. Each day that a violation continues to exist shall be considered a separate offense. This Ordinance shall take effect on the 10th day of July, 1971.