HomeMy WebLinkAboutAgenda 02-01-22; 7-b - Regulation of Large Gatherings 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 1, 2022
Action Agenda
Item No. 7-b
SUBJECT: Regulation of Large Gatherings
DEPARTMENT: Board of Commissioners
ATTACHMENT(S): INFORMATION CONTACT:
Memorandum John Roberts, County Attorney, 245-
Relevant Statutes 2318
Examples of Ordinances
PURPOSE: To receive information regarding a means of regulating large gatherings in Orange
County.
BACKGROUND: The Board of Commissioners asked for information on how the County may
regulate protests or large gatherings in Orange County. The attachments include a legal
overview of the regulation of protests and gatherings that was previously provided to the Board
together with examples of how other jurisdictions approach this issue and some relevant state
statutes.
FINANCIAL IMPACT: There is no financial impact associated with this discussion.
ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
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 receive the information,
discuss as appropriate, and provide comments and direction to staff.
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ORANGE COUNTY �<���` e°u..
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P.O. BOX 8181
Office of the County 200 S. CAMERON STREET <
Attorney HILLSBOROUGH, NC 27278
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TO: Board of County Commissioners
Renee Price, Chair
Jamezetta Bedford, Vice Chair
Amy Fowler
Sally Greene
Jean Hamilton
Earl McKee
Anna Richards
FROM: John Roberts, County Attorney
DATE: October 28, 2021
RE: Authority to regulate protests and gatherings
Commissioner Hamilton requested information on how the County may impose regulations to
prohibit violent or threatening behavior at rallies or protests. My response is below.
The First Amendment to the United States Constitution grants the right to "peaceably assemble."
Generally no rights granted by the Bill of Rights are absolute. The word "peaceably" clearly imposes
a limitation on the freedom and right to assemble by requiring such assemblies be peaceful. Under
this limitation law enforcement may intervene in any assembly that has become violent or poses an
immediate threat to property or people. Some examples of an immediate threat include violent
activities such as assaults and damage to property, and also blocking sidewalks and blocking
roadways, but such blocking must go beyond simply inconveniencing pedestrians and slowing traffic.
Immediate threats also do not include breaking up public assemblies because nonparticipants are
annoyed or angry (Coates v. City of Cincinnati, 1971). It is generally accepted that subject to certain
limitations governments may regulate the time, place, and manner of assemblies.
Imminent Danger and Incitement of Lawlessness Restrictions
In order to adopt legislation that addresses potential conduct at future assemblies the United States
Supreme Court established a high standard for government officials, the "clear and present danger"
standard. In addition to a legislation that addresses a "clear and present danger," government may
adopt legislation to address the "imminent incitement of lawlessness." I will note that North Carolina
law currently addresses both of these issues. The North Carolina statute is enforceable by any law
enforcement officer having jurisdiction in the area of the incident.
§14-288.2. Riot; inciting to riot; punishments.
(a)A riot is a public disturbance involving an assemblage of three or more persons which by
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disorderly and violent conduct, or the imminent threat of disorderly and violent conduct,
results in injury or damage to persons or property or creates a clear and present danger of
injury or damage to persons or property.
(b)Any person who willfully engages in a riot is guilty of a Class 1 misdemeanor.
(c)Any person who willfully engages in a riot is guilty of a Class H felony, if:
(1) In the course and as a result of the riot there is property damage in excess of
fifteen hundred dollars ($1,500) or serious bodily injury; or
(2) Such participant in the riot has in his possession any dangerous weapon or
substance.
(d)Any person who willfully incites or urges another to engage in a riot, so that as a result of
such inciting or urging a riot occurs or a clear and present danger of a riot is created, is guilty
of a Class 1 misdemeanor.
(e)Any person who willfully incites or urges another to engage in a riot, and such inciting or
urging is a contributing cause of a riot in which there is property damage in excess of fifteen
hundred dollars ($1,500) or serious bodily injury, shall be punished as a Class F felon.
In addition, §14-277.2 prohibits the carrying or possession of dangerous weapons at a parade,
funeral procession, picket line, or demonstration. It does not apply to individuals permitted to carry
weapons such as through concealed carry firearm permits.
Time, Place, and Manner Restrictions
The County may establish limitations on how, when, and where protests or assemblies occur. In
order to impose time, place, and manner restrictions the restriction itself must be reasonable,
viewpoint neutral, and narrowly tailored to serve a legitimate government interest with minimal
imposition on constitutional rights.
Some examples of how these guidelines work in particular situations:
• The public square. In places that are traditionally considered "public forums"for free
expression such as sidewalks, parks, and public squares there is limited authority to restrict
gathering for the purpose of expression.
• The courthouse steps. Similar to the public square the steps of the courthouse is an area
that is traditionally considered a public form for expression and gathering.
• Size limits. Size limitations on government sponsored events or on public gatherings when
the limitations are temporary or of an emergency nature are generally permitted so long as
the limitations are not based on the viewpoint of whatever expression is being promoted at
the gathering. A federal district court struck down a local ordinance that limited the size of
most public gatherings in a traditional public forum because it wasn't narrowly tailored to
serve a legitimate government purpose (Housing Works, Inc. v. Safir, 2000).
• Permits. Generally, local governments may require permits for demonstrations, parades,
and other large gatherings. These permits may not impose unreasonable fees or create
obstacles to viewpoint expression.
• Curfews. Local governments may also generally impose curfews during emergencies even
as it relates to gatherings for the purpose of free expression.
• Buffer zones. Some buffer zone restrictions are permissible so long as they have no
disparate impact on viewpoints. A buffer zone should exclude all entrants without regard to
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the purpose for entry. A 2014 Supreme Court case overturned a buffer because while it
prohibited one group of people from approaching someone within the buffer, others could
approach that person (McCullen v. Coakley, 2014).
• Declarations of emergency. Chapter 166A of the North Carolina General Statutes grants
both the state and local governments broad authority during declared emergencies. That
authority includes limiting the size and location of gatherings.
• Gatherings on County-owned or leased property. The County may freely prohibit
gatherings on most property owned by the County. Examples of property where gatherings
may be completely prohibited are the lobbies of county buildings, office spaces, and other
areas where the public has never been permitted to gather for the purpose of viewpoint
expression. The exceptions to this include any County-owned property considered a
traditional public forum such as the courthouse steps and the public square in Hillsborough
where the old courthouse is located. The County may limit gatherings in areas that may be
considered a limited public forum. An example of a limited public forum would be a solid
waste convenience center where, in 2013, a former county manager allowed a group to
protest with picket signs. This created a limited public forum and had another group with a
differing viewpoint desired to protest in that location the County could not have prohibited
that subsequent protest, but could have imposed reasonable limitations on it. The Orange
County Facilities Use Policy generally controls public access to most County-owned or
leased property, though it does not control County-owned property that is leased to or
managed by a third party except as far as it is referenced in a management agreement or
lease.
• Gatherings on other public property. The County may limit gatherings on other public
property outside of municipalities such as streets and roadways, but for the most part only for
the previously discussed reasons of"clear and present danger" and "imminent incitement of
lawlessness." As noted above these are addressed by state law.
• Gatherings on private property. A gathering on private property when the private property
owner allows the gathering is generally not something the County may prohibit. The County
may impose limitations on such private property gatherings in some circumstances such
when a private property gathering presents a threat to the health, safety, and welfare of
those present, or when the gathering presents a threat to the health, safety, and welfare of
the general public in areas adjacent to the gathering. An example of a threat to the safety of
those present at a private property gathering could include a large event in an unsafe
structure. This type of gathering is generally regulated by fire and building codes enforced
by the County.
Private property owners themselves are generally free to allow groups to gather on their
property and to prohibit groups from protesting or gathering on their property. Similar to a
limited public forum, however, once private property owners begin opening their property for
public use, particularly gatherings and protests, the balance shifts towards the public's right
to use the property.
As discussed above there are situations in which an ordinance adopted by the Board may regulate
gatherings. Any such ordinance must be reasonable, viewpoint neutral, and must be narrowly
tailored to serve a legitimate government interest. Should the Board wish to further explore this type
of ordinance a discussion may be scheduled at an upcoming work session.
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Relevant Statutes
§ 20-174.2. Local ordinances; pedestrians gathering, picketing,or protesting on roads or
highways.
(a)A municipality or a county may adopt an ordinance regulating the time, place, and manner of
gatherings, picket lines, or protests by pedestrians that occur on State roadways and State highways.
(b) Nothing in this section shall permit a municipality or a county to impose restrictions or prohibitions
on the activities of any of the following persons who are engaged in construction or maintenance, or in
making traffic or engineering surveys:
(1) Licensees, employees, or contractors of the Department of Transportation.
(2) Licensees, employees, or contractors of a municipality.
§ 153A-121. General ordinance-making power.
(a)A county may by ordinance define, regulate, prohibit, or abate acts, omissions, or conditions
detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the county; and
may define and abate nuisances.
(b)This section does not authorize a county to regulate or control vehicular or pedestrian traffic on a
street or highway under the control of the Board of Transportation, nor to regulate or control any right-
of-way or right-of-passage belonging to a public utility, electric or telephone membership corporation,
or public agency of the State. In addition, no county ordinance may regulate or control a highway right-
of-way in a manner inconsistent with State law or an ordinance of the Board of Transportation.
(c)This section does not impair the authority of local boards of health to adopt rules and regulations to
protect and promote public health.
§ 153A-129. Firearms.
(c)A county may regulate the display of firearms on the public roads, sidewalks, alleys, or other public
property
14-277.2.Weapons at parades,etc., prohibited.
(a) It shall be unlawful for any person participating in, affiliated with, or present as a spectator at any
parade, funeral procession, picket line, or demonstration upon any private health care facility or upon
any public place owned or under the control of the State or any of its political subdivisions to willfully or
intentionally possess or have immediate access to any dangerous weapon. Violation of this subsection
shall be a Class 1 misdemeanor. It shall be presumed that any rifle or gun carried on a rack in a pickup
truck at a holiday parade or in a funeral procession does not violate the terms of this act.
(b) For the purposes of this section the term "dangerous weapon" shall include those weapons specified
in G.S. 14-269, 14-269.2, 14-284.1, or 14-288.8 or any other object capable of inflicting serious bodily
injury or death when used as a weapon.
(c)The provisions of this section shall not apply to a person exempted by the provisions of G.S. 14-
269(b) or to persons authorized by State or federal law to carry dangerous weapons in the performance
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of their duties or to any person who obtains a permit to carry a dangerous weapon at a parade,funeral
procession, picket line, or demonstration from the sheriff or police chief, whichever is appropriate, of
the locality where such parade,funeral procession, picket line, or demonstration is to take place.
(d)The provisions of this section shall not apply to concealed carry of a handgun at a parade or funeral
procession by a person with a valid permit issued in accordance with Article 54B of this Chapter, with a
permit considered valid under G.S. 14-415.24, or who is exempt from obtaining a permit pursuant to
G.S. 14-415.25.This subsection shall not be construed to permit a person to carry a concealed handgun
on any premises where the person in legal possession or control of the premises has posted a
conspicuous notice prohibiting the carrying of a concealed handgun on the premises in accordance with
G.S. 14-415.11(c).
14-288.2. Riot; inciting to riot; punishments.
(a) A riot is a public disturbance involving an assemblage of three or more persons which by disorderly
and violent conduct, or the imminent threat of disorderly and violent conduct, results in injury or
damage to persons or property or creates a clear and present danger of injury or damage to persons or
property.
(b)Any person who willfully engages in a riot is guilty of a Class 1 misdemeanor.
(c)Any person who willfully engages in a riot is guilty of a Class H felony, if:
(1) In the course and as a result of the riot there is property damage in excess of fifteen hundred dollars
($1,500) or serious bodily injury; or
(2) Such participant in the riot has in his possession any dangerous weapon or substance.
(d)Any person who willfully incites or urges another to engage in a riot, so that as a result of such
inciting or urging a riot occurs or a clear and present danger of a riot is created, is guilty of a Class 1
misdemeanor.
(e)Any person who willfully incites or urges another to engage in a riot, and such inciting or urging is a
contributing cause of a riot in which there is property damage in excess of fifteen hundred dollars
($1,500) or serious bodily injury, shall be punished as a Class F felon.
§ 14-288.5. Failure to disperse when commanded a misdemeanor; prima facie evidence.
(a)Any law-enforcement officer or public official responsible for keeping the peace may issue a
command to disperse in accordance with this section if he reasonably believes that a riot, or disorderly
conduct by an assemblage of three or more persons, is occurring.The command to disperse shall be
given in a manner reasonably calculated to be communicated to the assemblage.
(b)Any person who fails to comply with a lawful command to disperse is guilty of a Class 2
misdemeanor.
(c) If any person remains at the scene of any riot, or disorderly conduct by an assemblage of three or
more persons, following a command to disperse and after a reasonable time for dispersal has elapsed, it
is prima facie evidence that the person so remaining is willfully engaging in the riot or disorderly
conduct, as the case may be.
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Bladen County Anti-Picketing Ordinance
Sec. 38-2. - Picketing.
IN Definitions.The following words,terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section in addition to the ordinary and plain English meaning of the
word or phrase, and in the event of a conflict between this definition and the ordinary usage of the
word, or phrase the meaning set out in this article, except where the context clearly indicates a different
meaning:
Picket or picketing means to make a public display, act or action or a demonstration of sentiment for or
against a person or cause, including protesting which may include standing, walking, parading,the
distribution of leaflets or handbills,the display of signs and oral communication or speech,which may
involve an effort to persuade or influence, including all expressive and symbolic conduct,whether active
or passive, but by definition, does not cover social, random, or other everyday communications.
Sidewalk 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.
Street means the entire width between property or right-of-way lines of every way or place of whatever
nature, when any part thereof is open to the use of the public as a matter or right,for the purposes of
vehicular traffic, including that portion that is known as the shoulder of the roadway and the curb.The
terms "highway" and street" and their cognates are synonymous as used herein.
(Ord. of 1-7-2019(1); Ord. of 10-19-2020(1))
M Sec. 38-3. - Notice of intent to picket.
0 (a)
Notification required.The organizer of picketing or a picket activity or demonstration that the organizer
knows, or should reasonably know, which will be by or involve a group of three or more individuals shall
give written notice of intent to picket to the sheriff or designee at least three days, that is, at least 72
hours, before the beginning of the picket.The notice of intent to picket shall include the following
information: (i)the name, address and contact telephone number for the organizer of the picket; (ii)the
name, address and contact telephone number of the person giving notice of intent to picket if different
from the organizer; (iii) the name of the organization or group sponsoring the picket; (iv)the location
where the picket is to take place; (v)the date and time the picket will begin and end; and (vi)the
anticipated number of participants, and the basis on which this estimate is made.
(b)
Receipt of notification. Upon notice of intent to picket given in accordance with subsection (a),the
sheriff or designee shall issue a receipt of notice.The receipt shall contain all information stated in the
notice.The organizer of a picket shall be responsible for maintaining the receipt, and shall present it
when so requested by a law enforcement officer or a county or state official.
(Ord. of 1-7-2019(1); Ord. of 10-19-2020(1))
M Sec 38-4. - Picketing regulations.
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(a)
Picketing may be conducted on public sidewalks, any county-controlled park, or other county-owned
exterior areas normally used or reserved for pedestrian movement, including easements and rights-of-
way, but shall not be conducted on the portion of the public roadway used primarily for vehicular traffic
or within 25 feet of a vehicular street or highway intersection, or(i)when a property has been otherwise
reserved for private use; (ii) on a median strip; or(iii) at a location directed, focused, or targeted at a
particular private residence.
(b)
Picketing shall not disrupt, block, obstruct or interfere with pedestrian or vehicular traffic or the free
passage of pedestrian or vehicular traffic into any driveway, pedestrian entrance, or other access to
buildings, which abut the public sidewalks or rights-of-way.
(c)
Written or printed placards or signs,flags, or banners carried by individuals engaged in picketing shall be
of such a size and/or carried on the sidewalks or in or upon county-owned areas, as to allow safe and
unobstructed passage of pedestrian or vehicular traffic. A 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 exceed 40 inches in
length 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.
(d)
If more than one picketer or more than one group of picketers desire to picket 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 picket 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
picketer or group of picketers arrived first.
(e)
Spectators of pickets shall not gather, congregate or stand within 25 feet of an intersection of a street or
highway with another street or highway or in any manner physically interfere with individuals engaged
in picketing. Picketers and spectators of pickets shall not speak fighting words or threats that would tend
to provoke a reasonable person to a breach of the peace.
(f)
Picketers and picketing shall be subject to all applicable local, state and federal laws.
(g)
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.
(Ord. of 1-7-2019(1); Ord. of 10-19-2020(1))
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M Sec. 38-5. - Enforcement and penalties.
(a)
Neither the sheriff nor any county official shall have any discretion to prohibit picketing that complies
with the provision of sections 38-2 through 38-5.
(b)
Arbitrary or discriminatory enforcement of sections-38-2 through 38-5 is prohibited and is itself a
violation of this article.
(c)
It shall be unlawful for any person to violate any provision of sections 38-2 through 38-5. Any such
violations shall be punishable as a Class 3 misdemeanor with a fine not to exceed $500.00 in accordance
with North Carolina Law.
(d)
This article shall in addition to the prescribed criminal penalties, and not in substitution thereof, be
enforceable by the granting of immediate injunctive relief upon application by the sheriff or county
attorney, showing a violation of this article any provision of sections 38-2 through 38-5.
(Ord. of 1-7-2019(1); Ord. of 10-19-2020(1))
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City of Graham Ordinance
ARTICLE III. -CONGREGATING UPON STREETS AND SIDEWALKS
Sec. 18-69. -Assembling on streets.
It shall be unlawful for any person to hold any auction sale on any street, except at the courthouse,
without permission of the police or the council, and it shall be unlawful to attract a crowd on any street,
sidewalk or public thoroughfare so as to impede travel thereon, except where permitted by the city
council and supervised by the police department.
(Code 1978, ch. F, art. I, § 13; Code 1983, § 12-66)
Sec. 18-70. - Public meetings—In fire limits.
Any outdoor public meeting, speech or gathering within the fire limits, as now or hereafter designated,
shall be conducted on the inside of the Court Square closest to the courthouse.
(Code 1978, ch. F, art. III, § 2; Code 1983, § 12-67)
Sec. 18-71. -Same—Outside fire limits.
Any outdoor public meeting, speech or gathering outside the fire limits shall be conducted only on a
sidewalk and at a minimum of 50 feet from any street corner, except where permitted by the city
council and supervised by the police department.
(Code 1978, ch. F, art. III, § 3; Code 1983, § 12-68)
Sec. 18-72. -Same—Hours.
No person shall conduct any public meeting or deliver an address except between the hours of 6:00 p.m.
and 9:00 p.m., Monday through Saturday.
(Code 1978, ch. F, art. III, § 5; Code 1983, § 12-69)
Sec. 18-73. -Speaker interfering with or annoying others.
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No person speaking at any gathering under this article shall interfere with or permit members of said
gathering to interfere with the orderly movement of vehicular and pedestrian traffic on the streets or
sidewalks of the city.The speaker shall not become so loud in his speech nor violent in his movements
as to annoy or frighten persons using the streets, sidewalks and/or adjacent properties.
(Code 1978, ch. F, art. III, §4; Code 1983, § 12-70)
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City of Raleigh Ordinance
ARTICLE C. - PARADES, DEMONSTRATIONS AND STREET EVENTS
0
0 Sec. 12-1051. - PERMIT REQUIRED.
0 (a)
The term parade as used in this section is defined as an assemblage of two (2) or more persons
participating in or operating any vehicle in any march, ceremony, show, exhibition or in any procession,
promotion or objection of any kind in or upon the public streets, alleys, parks or other public grounds in
any manner; provided, the term shall not include:
(1)
"Pickets," etc., as defined in §12-1055;
(2)
Funeral processions;
(3)
Any governmental agency acting within the scope of its functions,-
(4)
unctions;(4)
Bands or marching groups proceeding to an assembly point for participation in a parade; or
(5)
Footraces and bicycle races.
(b)
No parade shall be conducted on the public ways of this City and no person shall inaugurate, promote or
participate in any such parade unless the parade is conducted in conformity with the requirements set
out herein and unless a permit has been obtained from the Chief of Police or his designated
representative.
(Code 1959, §21-31(a)(b); Ord. No. 1979-126, §1, 6-19-79)
State law reference:Authority to regulate parades, G.S. 160A-296.
M Sec. 12-1052. - PROCEDURES FOR OBTAINING PERMIT.
M (a)
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Application for a parade permit shall be made in writing at least twenty-four(24) hours and no more
than three hundred sixty-five (365) days before the time at which the parade shall be scheduled to begin
and shall contain the following information:
(1)
The name, if any, of the organization or group sponsoring or proposing the parade;
(2)
The location or locations in the City where the parade is proposed to take place;
(3)
The date and hours for which permit is sought;
(4)
The name of the person applying for the permit;
(5)
Whether or not persons below the age of eighteen (18)years are expected to participate; and
(6)
The person or persons to be in charge of the activity and who will accompany it and carry permit at all
times.
(b)
Upon receipt of an application properly completed and timely filed as hereinabove set out,the
designated officer shall immediately issue a permit consistent with the standards prescribed herein.The
permit shall contain all information stated on the application and shall be signed by the issuing officer.
(Code 1959, §21-31(c), (d); Ord. No. 2014-343, §7, 9-16-14, eff. 9-21-14)
M Sec. 12-1053. -STANDARDS FOR CONDUCT OF PARADES.
M The following standards shall apply to all parades conducted in the City:
(a)
No parade or part thereof may be conducted on the streets of the City between the hours of 7:00 a.m.
to 9:00 a.m. and 4:00 p.m.to 6:00 p.m.
(b)
Every parade shall follow a route approved by the City Manager or designee.The City Manager or
designee shall approve no route which is incompatible with the preservation of public health, safety and
welfare. The City Manager or designee's disapproval of a proposed route may be appealed to the City
Council.
(c)
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No one participating in a parade or proceeding along the route of a parade shall distribute therefrom
any candy, cigarettes, prizes or favors of any kind.
(d)
No vicious animal whether leashed or unleashed shall participate in or proceed along the route of a
parade.
(Code 1959, §21-31(e); Ord. No. 1980-346, §2,4-1-80; Ord. No. 1989-304, §1, 2-7-89; Ord. No. 2014-343,
§§8-11, 9-16-14, eff. 9-21-14)
Sec. 12-1054. - REVOCATION OF PERMIT.
M The Chief of Police or his designated agent may revoke any permit granted for a parade if:
(a)
Any person violates the standards for the conduct of parades set out herein; or
(b)
Any participant in a parade fails to comply with the formation,terms and conditions set out in the
application and permit or fails to comply with the terms of this section.
(Code 1959, §21-31(f))
IJ Sec. 12-1055. - PICKETING DEFINED.
M The terms picket, pickets and picketing as used herein are deemed to include "demonstrators,"
persons participating in vigils and any action primarily promoting or objecting to a policy upon those
portions of the public ways not used primarily for vehicular parking and moving traffic and not
constituting a parade.
(Code 1959, §15-35.1(j))
M Sec. 12-1056. - PICKETING PERMITTED; NOTICE OF INTENT AND RECEIPT REQUIRED.
0 Peaceful picketing shall be permitted in the City provided the same is done under the following
conditions:
(a)
No picketing shall be conducted on the public ways of this City and no person shall participate in the
same unless notice of intent to picket has been given to the Chief of Police or his designated
representative, and unless a receipt of such notice has been issued.
(b)
A group of ten or more persons shall give notice of intent to picket in writing and the notice given shall
contain the following information.A group of fewer than ten persons may give written notice of intent
to picket but is not required to do so.
(1)
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The name, if any, of the organization or group sponsoring or proposing to picket unless the group
indicates that it intends to picket anonymously, in which case no name is required;
(2)
The location or locations in the City where the pickets propose to assemble and demonstrate;
(3)
The date or dates on which the picketing is to occur;
(4)
The name of the person and organization giving notice of intent to picket unless the person or
organization indicates that it intends to picket anonymously, in which case no name is required;
(5)
Whether or not persons below the age of eighteen (18) years are expected to participate; and
(6)
The person or persons to be in charge of the activity and who will accompany it and carry any receipt of
notice at all times.
(c)
It is unlawful for any person to engage in picketing before or about the residence or dwelling of any
individual.
(d)
Upon the giving of notice of intent to picket, properly completed as hereinabove set out,the designated
officer shall immediately issue a receipt of notice.The receipt shall contain all information stated in the
notice. Notice shall be given by the holder of a receipt of notice to the Chief of Police or his designated
representative immediately upon the cessation of such picketing for a period of twenty-four(24) hours
or more. Before resumption of picketing interrupted for any such period, a new notice shall be given and
a new receipt issued.
(Code 1959, §15-35.1(a)—(c); Ord. No. 1990-504, §1, 3-7-90; Ord. No. 2006-977, §1, 3-7-06)
0 Sec. 12-1057. -STANDARDS OF CONDUCT FOR PICKETING ACTIVITIES.
M (a)
Picketing shall be conducted only on portions of the public ways not used primarily for vehicular parking
or moving traffic.
(b)
Pickets may carry written or printed placards or signs not exceeding thirty-six(36) inches provided the
words used would not tend to incite violence.
(c)
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If pickets promoting different objectives, causes, actions or policies desire to use a sidewalk that is
already used for picketing,the Chief of Police or the Chief's designated agents shall allot a number of
pickets promoting each objective,to use such sidewalk, on an equitable basis, proportionate to the
number of objectives being promoted.
(d)
Pickets shall be restricted to the use of the outermost half of the sidewalk or other public way nearest
the street and shall not at any time nor in any way obstruct, interfere with, or block: 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; a driveway serving any building or
abutting property; or pedestrian or vehicular traffic.
(e)
No person observing, engaging in, or assisting in picketing shall bring to or allow to remain in the
immediate area of picketing any vicious animal.
(f)
It shall be unlawful for a group of ten or more persons to picket without filing a notice as required
herein.
(8)
The provisions of§§12-1055 through 12-1057 are mandatory, and not merely directory, and failure to
comply with the provisions of these sections is hereby declared to be unlawful and punishable as
provided by law.
(Code 1959, §15-35.1(d)—(i), (k)—(m); Ord. No. 2006-977, §2, 3-7-06; Ord. No. 2019-20, §1, 11-19-19)
M Sec. 12-1058. - INTERFERENCE WITH PICKETS PROHIBITED; POLICE AUTHORITY TO DISPERSE CROWDS;
FAILURE TO LEAVE WHEN ORDERED DECLARED OFFENSE.
M (a)
It shall be unlawful for any person to physically interfere with pickets in the use of the sidewalk or to
address profane, indecent, abusive, or threatening language to or at those pickets which would tend to
provoke the pickets or others to a breach of the peace.
(b)
The police officers of the City may, in the event of the assemblage of persons in such numbers as to tend
to intimidate pickets pursuing their lawful objective through numbers alone or through use of
inflammatory words, direct the dispersal of persons so assembled and may arrest any person who fails
to absent himself from the place of such assemblage when so directed by the police.
(c)
Whenever the free passage of any street or sidewalk in the City shall be obstructed by a crowd, whether
or not the crowd assembles as a result of or in connection with picketing,the persons composing such
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crowd shall disperse or move on when directed to do so by a police officer. It shall be unlawful for any
person to refuse to so disperse or move on when so directed by a police officer as herein provided.
(Code 1959, §15-35.2)
M Sec. 12-1059. - FOOTRACES AND BICYCLE RACES.
M (a)
The term footrace as used in this section is defined as a group of three (3) or more runners or walkers
competing against either each other or a time limit over a fixed course all or a part of which involves the
use of City street right-of-way, City sidewalks, and greenways.
(b)
The term bicycle race as used in this section is defined as a group of three (3) or more bicyclists
competing against each other or a time limit over a fixed course all or a part of which involves the use of
City street right-of-way, City sidewalks, and greenways.
(c)
Application for a race covered by this section shall be made in writing at least one hundred twenty(120)
calendar days before the time at which the race shall be scheduled to begin and shall contain the
information outlined in the City Council's Special Event Policy. A race application may be accepted after
this deadline only if allowed as a late application permitted under the City Council's Special Event Policy.
(d)
Upon receipt of an application properly completed and timely filed as hereinabove set out,the City
Manager or designee shall issue a permit after the applicant has complied with all applicable
requirements imposed in accordance with the City Council's Special Event Policy.The permit shall
contain all information stated on the application and shall be signed by the City Manager or designee.
(e)
The following standards shall apply to all footraces and bicycle races subject to this section conducted in
the City:
(1)
Every race shall follow a route approved by the City Manager or designee in accordance with the
standards set out below.
(2)
The race applicant and all persons involved in conducting the race shall comply with all terms and
conditions set out in the City Council's Special Event Policy and all terms and conditions contained in the
permit issued for the race.
(3)
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No one participating in a race or proceeding along the route of a race shall distribute therefrom any
candy, cigarettes, prizes or favors of any kind.
(4)
No vicious animal whether leashed or unleashed shall participate in or proceed along the route of a
race.
(5)
The organizer of an event subject to this section shall make provision for proper safety procedures at
intersections and along other sections of the right-of-way. The location of the safety monitors shall be
determined by the Chief of Police or his designee and the personnel shall be provided at no cost to the
City. Personnel hired for such duties shall be sworn law enforcement officers certified by the North
Carolina Criminal Justice Training and Standards Council.
(6)
The permit shall not be issued until the sponsor shall acquire sufficient insurance or approval by the City
Attorney to indemnify the City for damages or liability which the City might incur.
(7)
The approval of any route shall be based on the safety of the participants and non-participants,the
degree of disruption that the route will likely cause,the available access for cars and pedestrians, and
the unique requirements of a specific event.
(g)
The City Manager or designee's disapproval of a proposed route may be appealed to the City Council.
Appeals shall be made in person at a regularly scheduled City Council meeting at least three meetings
prior to the proposed event date.
(Ord. No. 1979-126, §2, 6-19-79; Ord. No. 2014-343, §12, 9-16-14, eff. 9-21-14 )
M Sec. 12-1060. - PROHIBITION OF FIREARMS AND DANGEROUS WEAPONS.
M (a)
It shall be unlawful for any person to possess on or about his person or vehicle any firearm or dangerous
weapon of any kind, as defined below, whether exposed or concealed, while participating in any parade
or any picketing.
(b)
It shall be unlawful for any person present at any parade or picketing or any person upon any street,
sidewalk, alley or other public property within five hundred (500) feet of any parade or picketing,to
possess on or about his person or vehicle any firearm or dangerous weapon of any kind, as defined
below, whether exposed or concealed.
(c)
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For purposes of this article, the term dangerous weapon shall be defined as 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, airguns, BB guns, pellet guns, knives or razors with a blade more than three (3)
inches in length, metallic knuckles, clubs, blackjacks, nightsticks, dynamite cartridges, bombs,grenades,
knives, explosives, molotov cocktails, and sword canes.
(d)
This section shall not apply to the following persons while acting lawfully and within the scope of their
duties and authority:
(1)
Law enforcement officers,
(2)
Officers and soldiers of the armed forces, militia and national guard.
(Ord. No. 1980-346, §1, 4-1-80; Ord. No. 2011-989, §1, 12-6-11)
M Sec. 12-1061. - CLOSURE OF CITY STREETS FOR EVENTS.
(a)
A permit shall be issued by the City Manager or designee for the closure of any City street, sidewalk, or
greenway in accordance with the requirements of the City Council's Special Event Policy.The permit will
list all permitted activities as approved by the City Manager or City Council. The City Manager or
designee's disapproval of a proposed closure may be appealed to the City Council. Appeals must be
made in person before Council at a regularly scheduled meeting no later than 3 meetings prior to the
event date.
(b)
The fees associated with special events regulated by the Special Event Policy shall be as indicated on the
City of Raleigh Fee Schedule. Application fees are non-refundable and due when the application is
submitted. Permit fees are paid once an application has been approved just prior to the issuance of the
permit.
( Ord. No. 2014-343, §13, 9-16-14, eff. 9-21-14; Ord. No. 2019-949, §12, 6-4-19, eff. 7-1-19 )
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Wake County Ordinance
§ 93.01 DEFINITIONS.
For the purpose of this subchapter,the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
ACTIVITY CHAIRPERSON.The person who is physically responsible for the conduct of the parade and
the person to whom all notices and communications from the Sheriff may be given.The ACTIVITY
CHAIRPERSON, or his or her designee, must be present and participate in the parade, or the parade
permit is void.
APPROVED LOCATIONS. All county-owned property, property leased by the county, property
exclusively controlled by the county and any portion of the state right-of-way of any road or highway
within the county which:
(1) Is not under the control of the state's Board of Transportation or of any municipality within the
county;
(2) The state's Board of Transportation has not promulgated or implemented regulations controlling
or regulating pedestrian or vehicular traffic or parades; and
(3) The Sheriff of the county, in accordance with the standards in this subchapter, determines it is
reasonably safe for the participants of the parade, and can reasonably accommodate the ordinary needs
and requirements of the community without destruction of property or injury to persons.
PARADE.Any parade, march, ceremony, pageant, promotion or procession of any kind in or upon any
street, sidewalk, park or other public place.
PARADE PERMIT.A written authorization as required by this subchapter.
PERSON. Any person,firm, partnership, association, corporation, company or organization, formal or
informal, of any kind.
PICKETING.The activity or circumstance whereby any person participates in any vigil, protest,
observation or other action which primarily promotes or objects to a policy or action and occurs upon
those portions of the public ways not used primarily for vehicular parking and moving traffic and which
does not constitute a parade.
(1984 Code, § 2-12-16) (Ord. passed 6-2-1986)
§ 93.02 PERMIT REQUIRED; EXCEPTIONS.
(A) No person shall engage in, participate in, aid, form or start any parade unless a permit shall have
been obtained from the Sheriff. No person may conduct or otherwise participate in any parade except
during the times as the permit provides. Provided,that no permit shall be required for peaceful
picketing where otherwise lawful and in conformance with the provisions of§ 93.06, so long as the
application and notice requirements of this subchapter are met. It shall be unlawful to engage in any
such picket without conforming to the notice requirements and other applicable provisions of this
subchapter.
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(B) This section shall not apply to:
(1) Funeral processions supervised by a licensed mortuary; and/or
(2) Any governmental agency acting within the scope of its functions.
(1984 Code, § 2-12-17) (Ord. passed 6-2-1986) Penalty, see § 93.99
§ 93.03 PERMIT, APPLICATION.
A person seeking issuance of a parade permit or giving notice of intent to picket shall file with the
Sheriff on forms provided by the county and shall provide a duplicate copy to the office of the County
Manager at the same time.
(A) Filing period. An application for a permit or notice of intent to picket shall be filed with the Sheriff
not less than five working days, excluding weekends and holidays, before the time when it is proposed
to conduct the parade or picket. Provided, however,that a permit may be issued if filed less than five
working days before the time for commencement of the parade when the Sheriff finds that there is no
conflict in schedule with some other event and that the time for filing is sufficient to prepare for the
parade or picket pursuant to the standards set forth in this subchapter.
(B) Contents. The application for a parade permit or the notice of intent to picket shall be signed by
the applicant, notarized and shall set forth the following information:
(1) The name, address and telephone number of the person seeking to conduct the parade or
picket;
(2) If the parade or picket is proposed to be conducted for, on behalf of, or by any organization,the
name, address, and telephone number of the headquarters of the organization, and of the authorized
and responsible heads of the organization;
(3) The name, address, and telephone of the person who will be the activity chairperson, and will
specify who will be responsible for conduct of the activity, if different from the activity chairperson;
(4) The date when the parade or picket is to be conducted and the hours when the parade or picket
will start and terminate;
(5) The proposed route to he or she traveled,the starting point and the termination point;
(6) The approximate number of persons, animals and vehicles which will constitute the parade or
picket; the type of animals and description of the vehicles, if applicable;
(7) Whether persons below the age of 18 years are expected to participate;
(8) The location, by street, and designation, by time, of an assembly area of the activity prior to the
initiation of the parade or picket;
(9) If the parade is designed to be held by, and on behalf of, or for any person other than the
applicant,the applicant for the permit shall file with the Sheriff a communication, in writing, from the
person proposing to hold the parade, authorizing the person proposing to hold the parade to apply for
the permit on his or her behalf; and
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(10) Any additional information which the Sheriff shall reasonably find necessary to a fair
determination of the logistical considerations.
(1984 Code, § 2-12-18) (Ord. passed 6-2-1986)
§ 93.04 PERMIT, REQUEST FOR ISSUANCE; FINDINGS; APPEALS FROM DENIAL.
(A) Persons who otherwise meet the requirements for a parade permit and who receive a parade
permit are entitled to exercise their First Amendment rights in all areas of the county. In order to better
protect the participants, and the citizens of the county, and the property of the citizens, and to facilitate
the flow of the parade, and of traffic in general, certain places in the county have been approved as
locations which the participants may use for the parade.These locations are defined as "approved
locations" and the applicant for a parade permit shall identify specific areas within the approved
location where he or she wishes to conduct the parade.The Sheriff shall retain the power, however,to
modify, restrict, expand, alter or otherwise specify the precise route of the parade.
(B) The Sheriff shall issue the parade permit if the conditions set forth in this subchapter are met.
Among the factors the Sheriff shall consider with respect to the timing, route, date and other procedural
matters of any parade are the following:
(1) There is adequate provision for the safe and orderly movement of the parade and of other
traffic, pedestrian and vehicular, along or intersecting its route.This consideration shall include, but is
not limited to, the possible existence of impeding pedestrian or traffic congestion in the area due to the
number of participants and numbers of residents living within the area, safety concerns as to
participants or residents due to the lack of sidewalks, width of the street or similar considerations;
(2) Adequate provision can be made for law enforcement protection which will not require
diversion of so great a number of law enforcement officers of the county to police properly the lines of
movement and the areas contiguous thereto so as to prevent or impede normal police protection to the
remainder of the county;
(3) The applicant for the parade permit has agreed to abide by the standards set forth in this
subchapter, which are necessary measures to promote the safety and welfare of the community; and
(4) There appears to be no other parade, public activity or emergency for which the Sheriff must
provide security simultaneously with the proposed parade and which would substantially impair the
Sheriff's ability to provide security to the parade participants and the community at large. Provided
further,that any declared state of emergency, any public crisis or disaster, rioting or similar public
emergency shall suspend the power of the Sheriff to authorize parades under this subchapter for the
duration of the emergency.
(C) If the Sheriff determines that he or she cannot make the required findings needed for approval of
the permit,then the Sheriff shall notify the parade applicant:
(1) Of his or her right to submit a modified plan for the parade which would meet the criteria set
forth herein;
(2) Of his or her right to appeal the findings of the Sheriff directly to the full Board of
Commissioners; or
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(3) In writing, of the specific reasons why the proposed parade does not permit findings by the
Sheriff.
(D) Any applicant for a parade permit may appeal the denial,within three days of notification of a
denial of a parade permit, by delivering to the County Manager or Clerk to the Board of Commissioners
a written notice of appeal. Upon receipt of the notice, the Chairperson of the Board shall schedule a
hearing as soon as is practicable to reconsider those unfavorable findings of the Sheriff which resulted in
denial of the permit.
(E) If the Board of Commissioners does not concur with the relevant unfavorable findings of the
Sheriff,the Board may issue the permit under the terms and conditions as it sees fit, consistent with this
subchapter.
(F) If the Board of Commissioners approves of any finding of the Sheriff which would preclude issuance
of the permit,then no permit shall be issued.
(1984 Code, § 2-12-19) (Ord. passed 6-2-1986)
§ 93.05 PERMIT, REVOCATION.
The Sheriff or his or her designated agent may revoke without notice any permit granted for a parade
at any time, prior to or during the parade, if:
(A) Any person violates the standards for the conduct of parades set out in this subchapter;
(B) Any participant violates any provision of the criminal law during the course of the parade or in the
preparation therefor;
(C) Unforeseen circumstances render the intended route or circumstances of the parade unsafe or
otherwise violative of the considerations for issuance of the permit; or
(D) Any participant in a parade fails to comply with the formation,terms and conditions set out in the
application and permit or fails to comply with the terms of this subchapter.
(1984 Code, § 2-12-20) (Ord. passed 6-2-1986)
§ 93.06 STANDARDS OF CONDUCT; PARADES AND PICKETING.
(A) The following requirements shall apply equally to parades and pickets.
(1) Firearms and weapons. No firearms or dangerous weapons of any kind may be possessed, either
exposed or concealed, by any participant in the parade, or any person affiliated with and present at the
parade, or any person upon any street, sidewalk or other public place within 500 feet of the parade. This
restriction shall not apply to law enforcement officers, park rangers, soldiers and officers of the Armed
Forces and National Guard,while within the course and scope of their official duties and when
reasonably necessary to perform official governmental duties of the organization.
(2) Signs and posters. No hand-carried signs or posters transported in any parade or picket shall be
of greater density than eight-ply, .030 thickness cardboard. No support for the sign or poster shall be of
a metallic substances, nor thicker than one inch by two inches.
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(3) Responsibility for conduct. The person designated on the application or notice as the activity
chairperson or comparable party shall be physically present and shall accept responsibility for
compliance with any and all relevant conditions and restrictions.This person shall carry the parade
permit or receipt of notice issued by the Sheriff on his or her person at all times from initial assembly
through final dispersement.
(4) Waiver. The applicant shall file with the Sheriff a waiver, signed by the applicant, releasing and
saving all officers, appointees, officials, deputies, employees of the county and the Sheriff of the county
harmless for any claims, actions and lawsuits arising out of the conduct of the parade or picket,
excepting those injuries or damages unlawfully and proximately caused by those persons named herein.
(5) Interference with activity. Every parade shall follow the route designated and approved in the
permit issued. No person shall unreasonably hamper, obstruct, impede or interfere with any parade
assembly or picket, or with any person,vehicle or animal participation or used in a parade or picket.
(6) Assembly prior to beginning. At anytime prior to actual commencement of the parade or picket,
the Sheriff or his or her authorized representative may request the parade chairperson or other
responsible party to have all participants in the parade make available all signs, posters and supports for
inspection to ensure compliance with this section. Failure or refusal to cooperate with the inspection
shall void and invalidate the parade permit until the time as the items are either made available for
inspection, removed at least 500 feet from the parade or picket route or all participants who possess the
items withdraw physically to a position at least 500 feet from the parade or picket route. No such
inspection or compliance procedure shall alter in any manner the permitted time periods for any
parade.
(6) The following standards shall apply to the conduct of pickets or picketing activities.
(1) Picketing shall be conducted only on portions of the public ways not otherwise regulated and
not used primarily for vehicular parking or moving traffic.
(2) Any signs or posters carried by any picket must not exceed 24 inches on any side and must
otherwise comply with the conditions of this section.
(3) Pickets must, if marching, march in single file, not abreast, and may not march closer together
than 15 feet, except in passing one another. Pickets not marching shall remain at least 15 feet apart.
(4) If pickets promoting different objectives, causes, actions or policies desire to use a sidewalk or
public right-of-way that is already used for picketing, the Sheriff or his or her designated agents may
allot a number of pickets promoting each objective to use the sidewalk or public way on an equitable
basis, proportionate to the number of objectives being promoted.
(5) Pickets shall be restricted to the use of the outermost half of the sidewalk or other public way
nearest the street and shall not at any time nor in any way obstruct, interfere with, or block 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 or pedestrian or
vehicular traffic.
(1984 Code, § 2-12-21) (Ord. passed 6-2-1986) Penalty, see § 93.99
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§ 93.99 PENALTY.
It shall be unlawful to violate any provision of this chapter. Violations shall be punishable by not more
than 30 days imprisonment or$50 fine, or both, in the discretion of the presiding judge.
(1984 Code, § 2-12-22) (Ord. passed 6-2-1986)