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HomeMy WebLinkAboutRES-2018-004 Resolution amending various sections of the OC Code of OrdinancesRES- 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that multiple sections of the Orange County Code of Ordinances should be amended to repeal, alter, or eliminate outdated ordinances.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to Chapter 6 - -- Sections 6 -66 through 6 -97 and Section 6 -121 of Article III, Insulation Contractors, are hereby repealed and these sections are reserved for future use as Shown on Exhibit A to this Resolution; • Amendment to Chapter 10-- -Cable Communications, is hereby removed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Resolution, • Amendment to Chapter 18 - -- Sections 18 -76 through 18 -78 of Article III, Skateboarding, are hereby repealed and these sections are reserved for future use as shown on Exhibit C to this Resolution; • Amendment to Chapter 18 - -- Article V, Weapons, is hereby amended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D to this Resolution, • Amendment to Chapter 18 - -- Sections 18 -186 and 18 -187 of Article VI, Animals, are hereby repealed and these sections shall be reserved for future use as shown on Exhibit E to this Resolution; • Amendment to Chapter 24--- Section 24 -2 Regulating Exposure of the Female Human Body to View is hereby repealed and this section is reserved for future use as shown on Exhibit F to this Resolution.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: Mark boTrosin, Ch it Orange County Board of Commissioners Attest: r , Donna Baker, Clerk to the Board SP e(xr13V^ � EXHIBIT A Chapter 6 ARTICLE III. See. 6 -66. — 6 -97, and 6 -121. - Repealed. EXHIBIT B Chapter 1.0 - Cable Communications-Removed Sec. 10-1 — 10 -39 Reserved. EXHIBIT C Chapter 18 ARTICLE III. - Skateboarding Sec. 18 -76 —18 -78. Repealed. EXHIBIT D Chapter 18 ARTICLE V. - !WEAPONS See. 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. 11 ru l e� y-�"ieee -tai -4 - ed-for sand ...u%ugly- equipp.ed-wi��itie for re�r�atiofi� espeezal�ly�-1, i?hildren including the adjoining area and sheltef .arl liar nhildren fbf respite eating rant-) �t . vii ii,,r u��jviiii��r�, u. respite, ,. L^ gan ' Packet knife means a folding knife typically used for utilitarian purposes having an overall length of fbu.r_tltfee inches or less when in its closed position. Recreational facilities include the following: a-- playgroi+nd an athletic field, a swimming pool, and /or athletic facility owned, leased, or operated by Orange County. Wealxrn 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 C.S. 14- 269(a). (Ord. of 1 I -1 -1995, § 6. 1, eff. 1 1 -2 -1995, Amend. of 6 -5 -2012, eff. 6 -5 -2012) See. 18 -152. - Prohibition. (a) It shall be unlawful for any person to possess or carry a concealed or possess,__carry, or delay 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 parkin); area of a county- owned, lease or operated buildinL, secure the handgun in a locked vehicle within the trunk ,_allove box or other enclosed conartment or area within or on the motor vehicle. (b) It shall be unlawful for any person to possess or carry a concealed or ossess�carry or di lay 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. {e-} l - shall -l�o� � ful -fir ny erson to-posses -s- o-r ear -a ee - eal-ed (Ord. of 11-1-1995. § 6. 1, eff. 1 1 -2 -1995; Amend. of 5 -5-1997, eff. 5 -6 -1997; Amend. of 6 -5 -2012, eff. 6- 5- 2012) 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 whe liold-S a issued coneealed ca... pefmit to eafry on or- about his or her- pefsen a handgtH+e+id -wht) --ice sent- att- eefeafie - wig-- the4- .fttle4kiver Regional Park and Natural Afea fef the sole per-pose of aceessit..., temote areas within the betinds, of the Little Rivef Regional Ra-r1e -an"- -aWr�l -- 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; (4D9) 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. (14-0) Any other person or group exempted from prosecution by G.S. § 14- 269(b). EXHIBIT E Chapter 18 ARTICLE V1. - ANIMALS See.. 18 -186 — 18 -187. Repealed. EXHIBIT F Chapter 24 See. 24 -2. - Repealed.