Loading...
HomeMy WebLinkAboutAgenda - 06-02-2022; 4 - Additional Discussion on Regulation of Large Gatherings 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 2, 2022 Action Agenda Item No. 4 SUBJECT: Additional Discussion on Regulation of Large Gatherings DEPARTMENT: Board of Commissioners ATTACHMENT(S): INFORMATION CONTACT: Draft Ordinance John Roberts, County Attorney, 245- 2318 PURPOSE: To further discuss the regulation of large gatherings in Orange County. BACKGROUND: The Board of Commissioners requested information on how the County may regulate protests or large gatherings in Orange County. The Board initially received information on this subject at its February 1, 2022 Business Meeting. At that meeting the Board discussed many aspects of this type of regulation including prohibiting large gatherings on certain public school properties. The Board further discussed this topic at its May 10, 2022 Work Session. At that work session the Board determined parades would not be regulated and provided further direction to the County Attorney to be brought back to the Board for future consideration. The agenda materials for each prior discussion may be viewed at the links above. Pursuant to the Board's prior discussions and input, the County Attorney revised the draft ordinance which generally provides as follows: • Only covers Picketing conducted by groups of 10 or more people; • Establishes standards of conduct for participants and organizers of Pickets; • Defines the locations at and upon which Picketing may occur. Not all County property is what is known as a public forum and so the draft ordinance would limit access to only certain locations on specific County properties; • Prohibits Picketing on or within an unspecified distance of school property and playgrounds; and • Declares violations to be subject to a monetary fine, equitable relief, or trespass depending on the facts and circumstances. At the May 10th work session, the Board instructed the attorney to invite the school superintendents and the Sheriff to comment on this proposed ordinance and to invite them to attend the June 2nd work session. These invitations were extended on May 18th. 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 County Attorney recommends the Board discuss this issue and provide further direction. 3 Sec. 24-S. - Regulating 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) Picket or Picketing.The activity or circumstance whereby groups of ten or more people gather for any common purpose including but not limited to a vigil, protest, observation, demonstration, or other action which primarily promotes or objects to a person, policy, political candidate, issue,or action and occurs upon public property or those portions of the public sidewalks or public ways not used primarily for vehicular parking and moving traffic. (i) Picketing conducted on privately owned property is not subject to the terms and prohibitions of this section. (ii) Picketing on state owned or federally owned property is not subject to the terms and prohibitions of this section. (iii) Nothing in this section is intended to regulate attendance or conduct at public meetings of governmental bodies. (2)Approved Locations. Designated County-owned, leased,or controlled property designated as a traditional public forum for purposes of Picketing. (i)The front steps of the Orange County Courthouse and the lawn and front steps of the Historic Orange County Courthouse. (ii) River Park in the Town of Hillsborough. (iii) (iv)Sidewalks or public ways directly adjacent to Approved Locations. (3) Playground. A confined outdoor area set aside for recreation and play at a public facility containing equipment such as seesaws and swings. (4)Organizer. A person,group, or entity that is readily identifiable as preparing, directing, or coordinating a Picket. (5) School Property. Real property operated by a public school system for the purpose of providing primary education to students under the age of 18. (b) Prohibition. (1) County Property. Picketing is prohibited on all County property except Approved Locations as defined and in the manner regulated herein. (2) School Property. Picketing is prohibited on School Property, or on public sidewalks or public ways within_feet of School Property, regardless of the ownership of such School Property. This prohibition does not apply to enrolled students of a school where such activity occurs and when such activity is organized by enrolled students of the school. This prohibition applies only during school hours or school activities during which students are present on School Property for educational, athletic, or school sponsored extra-curricular purposes. 4 (3) Playgrounds. Picketing is prohibited on, or within feet of, Playgrounds when children under age 18 are present on and utilizing the Playground. (c) Standards of Conduct. The following requirements shall apply to Pickets at Approved Locations. (1) Firearms and weapons. No firearms 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. Other than firearms no dangerous weapons may be 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, members 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 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, nor shall such supports have pointed or sharp ends or edges. Any signs or posters carried within the Picket must not exceed 24 inches on any side and must otherwise comply with the conditions of this section. (3) Opposing Pickets. If Pickets promoting different objectives,causes, actions,or policies desire to use an Approved Location or a sidewalk or public way adjacent to an Approved Location that is already used for Picketing, onsite law enforcement may provide for separate areas of use by the opposing Pickets. Such areas shall be equitably established and shall be separated by a distance determined by on scene law enforcement officers to be necessary to establish and maintain order. (4) Freedom of movement and access, ingress, and egress. Picketing at Approved Locations 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. Picketing shall not impede pedestrian traffic into or out of, or to or from,the courthouse, or other public buildings. (d) Penalty. (1) Fine. Pursuant to the authority granted by North Carolina General Statute 153A-123 violations of this section shall subject the violator to a fine of$ , recoverable in the nature of debt. (2) Equitable Relief. The County may seek an injunction, order of abatement,or other equitable relief against Picket Organizers. (3) Trespass. Violators of this section shall be immediately deemed to be without authorization to remain on the premises and thus may be deemed to be trespassing on the property on which they are Picketing or attempting to Picket.