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Home My WebLink AboutORD-2022-018-Regulation of gathering on and near school property and public playgrounds 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date : June 21 , 2022 Action Agenda Item No . 8 - s SUBJECT . Regulation of Gatherings on and near School Property and Public Playgrounds DEPARTMENT : Board of Commissioners ATTACHMENT ( S ) N. INFORMATION CONTACT . Draft Ordinance John Roberts , County Attorney , 245 - Resolution 2318 PURPOSE : To present for second reading an ordinance regulating picketing on or within 1 , 000 feet of school property and public playgrounds . 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 . At the June 2 , 2022 work session , the Board determined to move forward with an ordinance prohibiting picketing on School Property . 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 on , or within 1 , 000 feet of, School Property and Public Playgrounds ; • Declares violations to be subject to a monetary fine , equitable relief , or trespass depending on the facts and circumstances . Recent changes to North Carolina law provide that when a local ordinance involves a potential criminal penalty , the ordinance may not be adopted at the meeting at which it is first introduced . Such an ordinance may only be adopted at the next regular meeting following its introduction . Because one potential penalty of this ordinance is trespass , which is a statutory misdemeanor , this ordinance may only be adopted at its second reading . First reading for this proposed ordinance occurred at the Board ' s June 7 , 2022 Business meeting . FINANCIAL IMPACT . There is no financial impact associated with this item . 2 SOCIAL JUSTICE IMPACT : There is no Orange County Social Justice Goal impact associated with this item . ENVIRONMENTAL IMPACT : There is no Orange County Environmental Responsibility Goal impact associated with this item . RECOMMENDATION ( S ) : The Manager recommends the Board approve and authorize the Chair to sign the attached resolution adopting the ordinance prohibiting picketing on and within 1 , 000 feet of School Property and Public Playgrounds . 3 ORD - 2022 - 018 Sec . 24 - 5 . - Regulating Picketing . ( a ) Definitions . The following definitions shall apply to this section unless the context clearly indicates or requires a different meaning . ( 1 ) Picket or Picketing . The activity or circumstance whereby one or more persons 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 . ( 2 ) Playground . A confined outdoor area set aside for recreation and play at a public facility containing equipment such as seesaws and swings . ( 3 ) School Property . Real property operated , controlled , orImaihtained by a public school system for the purpose of providing primary or secondary educatio„nt o students including adjacent school IN controlled parking facilities and lots , recreation areaslIlopen spaces and sports facilities and fields . 11 I'd ! ' ( b ) Prohibition . f [1 , II tl ( 1 ) School Property . Picketing is prohibited orn ;school Property, or on pub' IiId' ewalks or public ways , If or on private property by persons other than the ' property owner or the property owner' s immediate ljl� . � u family, within 1000 feet of School Property . Thisp,rohibition ' aplies only durih'g school hours or fliij ui I ' school activities during which students are present on School ' Property for educationall , athletic, or school sponsored extra - curricularll, pu rposes . , I II - li n I! i ( 'ii� n i cif Ir;iil f u ( 2 ) Playgrounds . Picketing is prohibited on , or wvvithin 1000 fee tbf, Playgrounds when children under Oil age 18 are present op ; and utilizing the ' if � � l l Iir I , —iI II � fI ' i 'i ( c)Except i , i i� 'iI u �1 I � ' i'' I `q L I� fl I I fi I„ If ( 1 ) State and Federal Property Pi�cl< eting on state owned or federally owned property is not subject it 11I to the terms and prohibjitions � ifthis ; section . „I ii I I ills � , I ii. ,ll. Ii t fil. 7 - if , Ilff ail ul ( 2 ) Goyerhmehtf meetings l Nothing in this section is intended to regulate attendance or conduct at �i, `Ir �' 'I;U Ilif�f6 , � �,I iI - Yfpub' lic meetings of governmental , bodies . ,i ( 3 ) En'rolled Students . The prohibition in subsection ( b ) ( 1 ) does not apply to enrolled students of a school where such act ivity 'IKill occurs . Jr I , . ( d ) Penalty . Penaltie 's for violations as" authorized by North Carolina General Statute 153A- 123 . nIlii ( 1 ) Fine . All violations of ,thjs ;section shall subject the violator to a civil penalty of $ 100, recoverable 1pqlin the nature ofVll;debt I; 'h� � , ; , I � f' If If ( 2 ) Equitable Relief. The County may seek an injunction , order of abatement, or other equitable relief against Picketers or private property owners hosting Pickets conducted by the public . ( 3 ) Trespass . Violators of this section who are present on School Property or Playgrounds shall be immediately deemed to be without authorization to remain on such property and thus are deemed to be trespassing on the property on which they are Picketing or attempting to Picket . 4 RE &2022 - 038 RESOLUTION OF AMENDMENT A RESOLUTION AMENDING CHAPTER 24 OF THE ORANGE COUNTY CODE OF ORDINANCES Be it Resolved and Ordained by the Board of Commissioners of Orange County , North Carolina : WHEREAS , recent events in Orange County have made clear that schools and school properties are not appropriate locations for picketing , demonstrations , protests , and similar activities ; and WHEREAS , for the maintenance and enhancement of student safety ; and WHEREAS , the Orange County Board of Commissioners , believing it to be in the best interest of the citizens and residents of Orange County , hereby determines that Chapter 24 of the Orange County Code of Ordinances should be amended to prohibit picketing , demonstrations , protests , and similar activities on , or within 1000 feet of, school property and playgrounds . NOWTHEREFORE , the Orange County Board of Commissioners hereby amends Chapter 24 of the Orange County Code of Ordinances by adding a new Section 24 -5 , which reads as shown in the attached ordinance . This Amendment to Chapter 24 is effective upon adoption . Ordained and adopted by the Orange County Board of Commissioners this 21 st day of June , 2022 . By : Attest : Renee Price , Chair Laura Jensen , Clerk to the Board Orange County Board of Commissioners [SEAL]