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Home My WebLink About8-g - Amendments to Sections of the Code of Ordinances – Multiple IssuesORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 23, 2018 Action Agenda Item No. 8-g SUBJECT: Amendments to Sections of the Code of Ordinances – Multiple Issues DEPARTMENT: County Attorney ATTACHMENT(S): INFORMATION CONTACT: (919) Resolution of Amendment with Exhibits John Roberts, County Attorney, 245- 2318 PURPOSE: To approve a resolution amending sections of the Code of Ordinances (Code) which are out of date, no longer relevant, or not in compliance with state or federal law. BACKGROUND: This item is a follow up to the work session item of November 9, 2017 during which the Board of Commissioners directed several amendments to the Code. The purpose and effect of the amendments is as follows: o Repeal a portion of Chapter 6; Insulation Contractors---This ordinance is outdated and has not been enforced for at least 14 years. Since the adoption of this ordinance the State Building Code has been substantially amended making future enforcement of the ordinance impossible due to the multiple alternative compliance methods available to contractors within the State Building Code. o Remove Chapter 10; Cable Communications---This ordinance is essentially a franchise ordinance template. Local authority to franchise and thereby regulate cable communications was repealed by the legislature in 2006 and Orange County’s franchise expired in 2009. This chapter is recommended for removal for maintenance outside the Code with other franchise ordinances in the event the authority is restored at a later time. o Repeal a portion of Chapter 18; Skateboarding---This ordinance is outdated and criminalizes skateboarding on county property. The Orange County Facilities Use Policy currently prohibits skateboarding on county property without appropriate authorization but does not criminalize the act. o Repeal a portion of Chapter 18; Animals---This ordinance is out of date and likely not in compliance with the U.S. Constitution or the Americans with Disabilities Act. The subject matter is addressed by the Orange County Facilities Use Policy in a lawful manner. o Amend a portion of Chapter 18; Weapons---The ordinance as currently written is not compliant with state law. The County previously had attempted to keep concealed firearms off of playgrounds. However, the General Assembly later 1 determined playgrounds were an appropriate location for concealed weapons when those concealed weapons are in the possession of permitted individual. This amendment brings the ordinance into compliance with state law. o Repeal a portion of Chapter 24; Exposure of the Female Body---This ordinance, adopted in 1971, is outdated, unlawful, and discriminatory in nature. During the November 9, 2017 work session, the Board also discussed amendments related to animal control, noise, and land use. These amendments will be presented at future meetings. FINANCIAL IMPACT: There is no financial impact associated with this item. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this item: • GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND INEQUITY The fair treatment and meaningful involvement of all people regardless of race or color; religious or philosophical beliefs; sex, gender or sexual orientation; national origin or ethnic background; age; military service; disability; and familial, residential or economic status. RECOMMENDATION(S): The Manager recommends the Board approve the attached resolution amending sections of the Code of Ordinances (Code) which are out of date, no longer relevant, or not in compliance with state or federal law. 2 RES-2018-004 RESOLUTION OF AMENDMENT A RESOLUTION AMENDING VARIOUS SECTIONS OF THE ORANGE COUNTY CODE OF ORDINANCES Be it Resolved and Ordained by the Board of Commissioners of Orange County, North Carolina: WHEREAS, the State of North Carolina authorizes counties to adopt and issue a code of ordinances through North Carolina General Statute 153A-49; and WHEREAS, Orange County as issued its ordinances through adoption of such a code; and WHEREAS, in order to better serve the citizens and residents of Orange County the Orange County Board of Commissioners hereby determines that multiple sections of the Orange County Code of Ordinances should be amended to repeal, alter, or eliminate outdated ordinances. NOW THEREFORE BE IT RESOLVED AND ORDAINED, that the Code of Ordinances, Orange County, North Carolina, is hereby amended as follows: • Amendment to Chapter 6---Sections 6-66 through 6-97 and Section 6-121 of Article III, Insulation Contractors, are hereby repealed and these sections are reserved for future use as Shown on Exhibit A to this Resolution; • Amendment to Chapter 10---Cable Communications, is hereby removed in its entirety from the Code of Ordinances to be maintained separately with other existing franchise ordinances and Chapter 10 is reserved for future use as shown on Exhibit B to this Resolution; • Amendment to Chapter 18---Sections 18-76 through 18-78 of Article III, Skateboarding, are hereby repealed and these sections are reserved for future use as shown on Exhibit C to this Resolution; • Amendment to Chapter 18---Article V, Weapons, is hereby amended as shown on Exhibit D to this Resolution; • Amendment to Chapter 18---Sections 18-186 and 18-187 of Article VI, Animals, are hereby repealed and these sections shall be reserved for future use as shown on Exhibit E to this Resolution; 3 • Amendment to Chapter 24---Section 24-2 Regulating Exposure of the Female Human Body to View is hereby repealed and this section is reserved for future use as shown on Exhibit F to this Resolution. These Amendments and changes shall become effective upon adoption. Adopted by the Orange County Board of Commissioners this 24th day of January, 2018. By: Attest: __________________________ _____________________________ Mark Dorosin, Chair Donna Baker, Clerk to the Board Orange County Board of Commissioners [SEAL] 4 EXHIBIT A Chapter 6 ARTICLE III. Sec. 6-66. – 6-97, and 6-121. - Repealed. 5 EXHIBIT B Chapter 10 - Cable Communications-Removed Sec. 10-1 – 10 -39 Reserved. 6 EXHIBIT C Chapter 18 ARTICLE III. - Skateboarding Sec. 18-76 – 18 -78. Repealed. 7 EXHIBIT D Chapter 18 ARTICLE V. - 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, and its appurtenant facilities, for engaging in sporting events, swimming, 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 and other appurtenant facilities. 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 three 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) and includes but is not limited to any weapon as defined G.S. 14-269(a). (Ord. of 11-1-1995, § 6.1, eff. 11-2-1995, Amend. of 6-5-2012, eff. 6-5-2012) Sec. 18-152. - Prohibition. (a) It shall be unlawful for any person to possess or carry a concealed or possess, carry, or display a 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. Nevertheless, a concealed handgun permittee may, at the designated parking area of a county-owned, lease or operated building, secure the handgun in a locked vehicle within the trunk, glove box, or other enclosed compartment or area within or on the motor vehicle. (b) It shall be unlawful for any person to possess or carry a concealed or possess, carry, or display a 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. (Ord. of 11-1-1995, § 6.1, eff. 11-2-1995; Amend. of 5-5-1997, eff. 5-6-1997; Amend. of 6-5-2012, eff. 6-5-2012) 8 Sec. 18-153. - Exceptions. The prohibitions contained in Section 18-152 shall not apply to the following: (1) Officers and enlisted personnel of the armed forces of the United States when in discharge of their official duties as such and acting under lawful orders requiring them to carry a handgun, firearm, or other weapon; (2) Civil officers or employees of the United States, of the state or of the county while in the discharge of their official duties as such and acting under lawful orders requiring them to carry a handgun, firearm, or other weapon; (3) Officers and soldiers of the militia and the state national guard when called into actual service as such and acting under lawful orders requiring them to carry a handgun, firearm, or other weapon; (4) Officers of the state, or any county, city or town charged with the enforcement of laws of the state, when acting in the discharge of their official duties as such and acting under lawful orders requiring them to carry a handgun, a firearm, or other weapon; (5) Sworn law-enforcement officers, when off-duty, provided that an officer does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the officer's body; (6) State probation or parole certified officers, when off-duty, provided that an officer does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the officer's body; (7) Any person delivering a handgun, firearm or other weapon to a law enforcement agency; (8) Any person who holds a lawfully issued concealed carry permit to carry on or about his or her person a handgun and who is present at a recreational facility within the Little River Regional Park and Natural Area for the sole purpose of accessing remote areas within the bounds of the Little River Regional Park and Natural Area; (98) As to the prohibition of carrying or possession of a knife, employees of a contractor or other business doing business on county property when in discharge of their official duties as such in fulfillment of a contract with Orange County and acting under orders requiring the carrying of a knife and Employees of Orange County carrying out their official duties under orders requiring the carrying of a knife; (109) The carrying or discharge of guns or muskets on outdoor county property or recreation facilities for ceremonial or battle re-enactment purposes where such activities have been granted approval and written permission by the County Manager or his or her designee. However, in no event shall live ammunition be discharged. (110) Any other person or group exempted from prosecution by G.S. § 14-269(b). 9 EXHIBIT E Chapter 18 ARTICLE VI. - ANIMALS Sec. 18-186 – 18-187. Repealed. 10 EXHIBIT F Chapter 24 Sec. 24-2. - Repealed. 11