Loading...
HomeMy WebLinkAboutAgenda 05-10-22; 5 - Additional Discussion on Regulation of Large Gatherings 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 10, 2022 Action Agenda Item No. 5 SUBJECT: Additional Discussion on Regulation of Large Gatherings DEPARTMENT: Board of Commissioners ATTACHMENT(S): INFORMATION CONTACT: October 28, 2021 Memorandum from the John Roberts, County Attorney, 245- County Attorney 2318 Relevant Statutes Draft Ordinance PURPOSE: To further discuss the regulation of large gatherings in Orange County. BACKGROUND: The Board of Commissioners requested information on possible options for the County to potentially regulate protests or large gatherings in Orange County. The Board initially received information on this subject at its March 10, 2022 work session. At that work session, the Board discussed many aspects of this type of regulation including prohibiting large gatherings on certain public school properties. The attachments include a legal overview of the regulation of protests and gatherings that was provided at the work session, some relevant state statutes, and a draft County ordinance. The draft ordinance generally: • Covers parades and picketing; • Establishes requirements for the content of permit applications and notice and assigns responsibility for oversight of the ordinance to the Clerk to the Board in consultation with the Sheriff; • Provides for an appeal to the County Manager if a permit application is denied; • Establishes standards of conduct for participants and organizers of Parades and Picketing; • Establishes the locations at and upon which Parades and Picketing may occur. Not all county property is what's known as a public forum and so limits access to only certain county properties; • Prohibits Parades and Picketing within 500 feet of school property and playgrounds; and • Declares violations to be subject to a $500 fine and equitable relief. 2 FINANCIAL IMPACT: There is no financial impact associated with this discussion. SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with this discussion. ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impact associated with this discussion. RECOMMENDATION(S): The Manager recommends the Board discuss this issue and provide further direction. 3 ORANGE COUNTY �<���` e°u.. rA P.O. BOX 8181 Office of the County 200 S. CAMERON STREET << Attorney HILLSBOROUGH, NC 27278 °rtoo���n`'�? 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 4 Page 2 of 3 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 5 Page 3 of 3 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. 6 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 7 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. 8 Sec. 24-5. -Regulating Parades and Picketing. (a) Definitions. For the purpose of this section,the following definitions shall apply unless the context clearly indicates or requires a different meaning. (1) 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 Department 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. (2)Approved Locations. Designated County-owned, leased, or controlled property as described in subsection §24-5(h) and for parades any portion of the state right-of-way of any road or highway within the county which: (i) Is not under the control of the state's Board of Transportation or of any municipality within the county unless the municipality has adopted this ordinance for enforcement within its jurisdiction; (ii) The state's Board of Transportation has not promulgated or implemented regulations controlling or regulating pedestrian or vehicular traffic or parades; and (iii) The Department, in accordance with the standards in this section and in consultation with the Sheriff, 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. (3) Department. The Orange County Clerk to the Board of Commissioners, which is charged with issuing parade permits, receiving notices of picketing, and, in coordination with the Orange County Sheriff, ensuring compliance with this section. (4) Parade.Any march, ceremony, pageant, promotion, or procession of any kind in or upon any street, sidewalk, park, or other public place. (5) Parade Permit or Permit.A written authorization issued by the Department after consultation with the Sheriff. (6) Person.Any person,firm, partnership, association, corporation, company or organization, formal or informal, of any kind. (7) Picketing.The activity or circumstance whereby any person participates in any vigil, protest, observation, demonstration, or other action which primarily promotes or objects to a person, policy, political candidate or issue, or action and occurs upon public or private spaces or those portions of the public ways not used primarily for vehicular parking and moving traffic and which does not constitute a parade. (8) Playground. An outdoor area set aside for recreation and play, especially one containing equipment such as seesaws and swings. 9 (b) Permit Required and Exceptions. (1) No person shall engage in, participate in, aid,form, or start any parade unless a permit shall have been obtained from the Department. 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 such picketing is otherwise lawful and in conformance with the provisions of§24-5(f) and §24-5(g), so long as the application and notice requirements of this section are met. It shall be unlawful to engage in any such picket without conforming to the notice requirements and other applicable provisions of this section. (2) This section shall not apply to: (i) Funeral processions supervised by a licensed mortuary; (ii) Any governmental agency acting within the scope of its functions; (iii) Parades and Picketing occurring on private property with the owner's written consent except that the prohibition in subsection §24-5(f)(7) applies to Parades and Picketing occurring on private property. (c) Permit,Application. A person seeking issuance of a parade permit or giving notice of intent to picket shall file with the Department on forms provided by the county and shall concurrently provide a duplicate copy to the office of the Sheriff of Orange County. (1) Filing period. An application for a permit or notice of intent to picket shall be filed with the Department 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 Department 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 section. (2) 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: (i) The name, address, and telephone number of the person seeking to conduct the parade or picket; (ii) 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; (iii) The name, address, and telephone number 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; (iv) The date when the parade or picket is to be conducted and the hours when the parade or picket will start and terminate; (v) The proposed route to be traveled,the starting point, and the termination point; 10 (vi) 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; (vii) Whether persons below the age of 18 years are expected to participate; (viii) The location, by street, and designation, by time, of an assembly area of the activity prior to the initiation of the parade or picket; (ix) If the parade is designed to be held by, and on behalf of, or for any person other than the applicant for the permit, or the Activity Chairperson if different from the applicant,the applicant shall file with the Department 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 (x) Any additional information which the Department shall reasonably find necessary to a fair determination of the logistical considerations. (d) Permit, Request for Issuance; Findings; Appeals from Denial. 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 residents of the county, and the property of the residents, 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 Department shall retain the power, however,to modify, restrict, expand, alter, or otherwise specify the precise route of the parade. (1) The Department shall issue the parade permit if the Department determines, after consultation with the Sheriff,that the conditions set forth in this section are met. Among the factors the Department shall consider with respect to the timing, route, date and other procedural matters of any parade are the following: (i) 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; (ii) 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 properly police the lines of movement and the areas contiguous thereto so as to prevent or impede normal protection to the remainder of the county; (iii) The applicant for the parade permit has agreed to abide by the standards set forth in this section, which are necessary measures to promote the safety and welfare of the community; and 11 (iv) There appears to be no other parade, public activity, or emergency for which the county must provide security simultaneously with the proposed parade and which would substantially impair the county'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 Department to authorize parades under this section for the duration of the emergency. (2) If the Department determines that it cannot make the required findings needed for approval of the permit, then the Department shall notify the parade applicant: (i) Of his or her right to submit a modified plan for the parade which would meet the criteria set forth herein; (ii) Of his or her right to appeal the findings of the Department directly to the County Manager; or (iii) In writing, of the specific reasons why the proposed parade does not permit findings by the Department. (3) 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 a written notice of appeal. Upon receipt of the notice,the County Manager shall schedule a hearing as soon as is practicable to reconsider those unfavorable findings of the Department which resulted in denial of the permit. (4) If the County Manager does not concur with the relevant unfavorable findings of the Department,the County Manager may, upon consultation with the Sheriff, issue the permit under the terms and conditions as he or she sees fit, consistent with this section. (5) If the County Manager approves of any finding of the Department which would preclude issuance of the permit, no permit shall be issued. (e) Permit, Revocation. The Department may revoke without notice any permit granted for a parade at any time, prior to or during the parade, if: (1) Any person violates the standards for the conduct of parades set out in this section; (2) Any participant violates any provision of the criminal law during the course of the parade or in the preparation therefor; (3) Unforeseen circumstances render the intended route or circumstances of the parade unsafe or otherwise violative of the considerations for issuance of the permit; or (4) 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. (f) Standards of Conduct; Parades and Picketing. The following requirements shall apply equally to parades and pickets. (1) Firearms and weapons. No firearms or dangerous weapons of any kind may be openly possessed or displayed by any participant in a parade, or any person affiliated with and present 12 at the parade, or any person upon any street, sidewalk or other public place within 500 feet of the parade. No firearms or dangerous weapons of any kind may be openly possessed or displayed by any participant in a picket, or any person affiliated with and present at the picket. These restrictions 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. (3) Responsibility for conduct. The person designated on the application or notice as the activity chairperson 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 Department on his or her person at all times from initial assembly through final dispersal. (4) Waiver. The applicant, the activity chairperson, if different from the applicant, and the person on whose behalf the parade is conducted, if applicable, shall file with the Department a waiver and release, signed by each, releasing, indemnifying, and saving all officers, appointees, officials, deputies, and employees of the county,the Sheriff of Orange County, and Orange County harmless for any claims, actions, and lawsuits arising out of the conduct of the parade or picket. (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 participating or used in a parade or picket. (6) Assembly prior to beginning. At anytime prior to actual commencement of the parade or picket, on scene law enforcement officers may direct the activity chairperson and any 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. (7) School property. Parades and Picketing are prohibited on, or within 500 feet of, public school property regardless of whether such public school property is owned, leased, or controlled by a Local Education Agency or the county. This prohibition does not apply to enrolled students or employees of a public school where such activity occurs and when such activity is organized by enrolled students or employees of the public school. (8) Playgrounds. Parades and Picketing are prohibited on, or within 500 feet of, playgrounds. 13 (g) Standards of Conduct, Picketing. 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 Department 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. (h) Approved locations. (1) In addition to the state right of way as described in subsection §24-5(a)(2) parades may be conducted only on the following county-owned, leased, or controlled properties: (i) For Discussion (ii) (2) In addition to the public ways as described in subsection §24-5(g)(1) picketing may occur only on the following County owned, leased, or controlled properties: (i)The lawn and front steps of the Orange County Courthouse and Historic Orange County Courthouse. Such picketing shall not impede pedestrian traffic into or out of, or to or from,the courthouse buildings. (ii) River Park. (iii) For Discussion (iv) (i) Penalty. Pursuant to the authority granted by 153A-123 violations of this section shall subject the violator to a fine of$500, recoverable in the nature of debt. The County may seek an injunction, order of abatement, or other equitable relief.