CHAPTER 15 -
TOWN PROPERTY
Article I - Definitions and
Applicability
Section 15-1 Definitions......................................................................................................
Section 15-2 Applicability....................................................................................................
Article II - Occupancy of Town
Property
Section 15-3 Opening and Closing Hours...........................................................................
Section 15-4 Temporary Restriction on Use of Fields,
Courts, etc.......................................
Section 15-5 Private Use of Public Park Facilities..............................................................
Section 15-6 Requests to Vacate Town Property..................................................................
Article III - Use Of and
Conduct On Town Property
Section 15-10 Certain Recreational Activities Generally
Prohibited....................................
Section 15-11 Water Related Activities at Town Reservoir
Site............................................
Section 15-11.01 Fishing Restrictions for Mayview Lake in
Broyhill Park..........................
Section 15-12 Use of Motor Vehicles; Speed Limit..............................................................
Section 15-13 Parking.........................................................................................................
Section 15-14 Fires on Town Property................................................................................
Section 15-15 Molesting or Removing Animals....................................................................
Section 15-16 Excavation and Removal of Soil Prohibited..................................................
Section 15-17 Weapons on Town
Property...........................................................................
Section 15-18 Use of Restrooms..........................................................................................
Section 15-19 Commercial Activity Restricted......................................................................
Section 15-20 Smoking in Town Buildings and Vehicles
Regulated.....................................
Article IV - Parades,
Assemblages, and Other Uses of Public Places
Section 15-21 Definitions....................................................................................................
Section 15-22 Permit Required............................................................................................
Section 15-23 Application for Permit...................................................................................
Section 15-24 Issuance of Permit........................................................................................
Section 15-25 Alternative Permit.........................................................................................
Section 15-26 Conditions;
Revocation of Permit................................................................
Section 15-27 Conduct During Parade or Assembly............................................................
Section 15-28 Appeal..........................................................................................................
Article V - Miscellaneous
Section 15-29 Supplementary Rules and Regulations..........................................................
Section 15-30 Penalties and Remedies.................................................................................
(A) Unless otherwise
specifically provided or clearly required by the context, the following words
and phrases shall have the meaning indicated when used in this chapter:
(1) Administrator. Unless otherwise directed by the
Board, the term administrator shall refer to the recreation director to the
extent that the power or authority granted in this chapter to the administrator
is exercised with respect to the town's parks and recreation areas or other
town property under the jurisdiction of the recreation department. In other cases, the term administrator shall
refer to the person or persons designated by the Board to perform the functions
assigned by this chapter to the administrator.
(2) Town
Property. All real property
(including land and buildings) owned, leased, occupied, or otherwise in the
possession of the Town of
This chapter shall be applicable to all town property located within
and without the town except to the extent that its provisions overlap or
conflict with any other provisions of this town code that more specifically
deal with particular town property. By
way of illustration, without limitation, Chapter 13 of the town code deals
specifically with town cemeteries.
(A) Subject to Section 15-4, all
town property that is held primarily for recreational purposes and that is subject
to the supervision and maintenance of the town's recreation department shall be
open to the public for the maximum number of hours each day that is consistent
with the town's ability to provide any necessary supervision of and security
for such property and the persons using it, as well as the town's
responsibility to avoid unreasonable interference with the use and employment
of neighboring properties. Consistent
with this objective, the administrator may establish opening and closing hours
for such property (and may establish different hours for different portions of
the same property, e.g., lighted and unlighted areas) and shall post such hours
at convenient locations to give the public adequate notice thereof.
(B) No unauthorized person may
enter or remain in or on any town property covered under subsection (A) while
such property is closed to the public pursuant to that subsection.
(A) Whenever the administrator
determines that it is necessary to keep persons temporarily off any land,
playfield, court, or similar areas for the purpose of maintaining, improving,
or preventing damage to the same or for other good cause, he may post
sufficient signs on or around such facilities to give adequate notice that the
use of such facilities is temporarily forbidden.
(B) Whenever signs or notices
are posted in accordance with subsection (A), no person, other than a person
performing maintenance work or carrying out some other legitimate function
under the direction of the administrator, may enter upon such lawn, playfield,
court, or similar area, nor may any person tamper with or remove such signs.
(A) The administrator may
establish a reservation system for recreational facilities on Town property,
including but not limited to ball fields, basketball and tennis courts, picnic
shelters, picnic tables, etc. When such
a system has been established, no person may, after notice, occupy or refuse to
vacate a reserved facility during the time such facility has been properly
reserved by another.
(B) Private groups, desiring to
assemble or parade on park property, must obtain a permit in accordance with
the provisions of Article IV of this Chapter.
It is hereby declared, however, that the gazebo building in Memorial
Park, because of its location, design, and high public use, shall not be
available for private reservation or use.
The restriction on the use of the Memorial Park gazebo shall not apply
to public programs sponsored by the Town of
Any permit that is issued for private groups to assemble or parade on
park property shall stipulate that no microphone, loudspeaker, or sound
amplification equipment shall be used in conjunction with said assembly or
parade. [Amended August 13, 1996]
(C) It shall be understood that
no activities or programs on behalf of any private organization or group shall
take precedence over any of the scheduled activities or programs that are
administered by the
(D) Except as provided in this
section, all recreational facilities shall be available for proper use during
regular hours on a first-come, first-served basis, and no person may disrupt of
interfere with the use by another of such facilities. [Amended
August 13, 1996]
(A) No person may refuse to
vacate any town property, including any building or facility located thereon,
when requested to do so by any sworn police officer or the administrator in
charge of such town property.
(B) Any sworn police officer or
the administrator in charge of town property may request any person to vacate
such town property if there is reasonable cause to believe that such person is
engaging or has just prior to the request engaged in:
(1)
Any violation of state law or local ordinance or policy applicable to
the occupancy of, use of, or conduct on such town property.
(2)
Any violation of a rule or regulation adopted and promulgated under
Section 15-28.
(3)
Any conduct that (i) is contrary to the health or safety of persons
lawfully using town property, (ii) seriously interrupts or impedes the conduct
of regular public business or recreational programs, (iii) unreasonably
interferes with the lawful use and enjoyment by others of town property, or
(iv)
poses a substantial likelihood of damage to town property.
(4)
Loitering within the town hall, police or fire station, or any other
public building owned, leased, or occupied by the town or on the grounds of the
water plant, sewer plant, or public work's site without any legitimate purpose
related to the public business being conducted there.
Sections 15-7 through 15-9
Reserved.
(A) Subject to subsection (B),
no person on town property may engage in horseback riding, hitting golf balls,
model airplane flying, archery; overnight camping or other recreational
activities that tend to damage or disrupt the use of town property or pose a
hazard to other occupants.
(B) The provisions of subsection
(A) shall not apply to persons engaged in the activities described therein
while participating in events or programs authorized by the town, so long as
such activities are conducted only at the locations and times authorized.
(A) The provisions of this
section shall apply to the town reservoir site.
(B) No person may swim or wade
in the town reservoir.
(C) No person may launch or ride
in or upon any boat, sailboat, canoe, raft, or similar device at the town reservoir
except at the times and under the circumstances authorized and approved by the
administrator.
(D) No person may engage in
fishing at the town reservoir site or place in the reservoir any line, net,
hook, or other fishing device, except at the times and under the circumstances
approved by the administrator.
Section 15-11.01 Fishing
Restrictions for
Anyone over the age of 11 years fishing in
[Adopted May 12, 1998]
(A) No person, other than a
person performing maintenance work or carrying out some other legitimate
function under the direction of the administrator may drive or ride on any
automobile, tractor, truck, motorcycle, gocart, moped, or other motorized
vehicles (whether designed for use on or off the highways) on any town property
except in those areas clearly designated or intended for the public. Without limiting the generality of the
foregoing, the driving of motorized vehicles is specifically forbidden on:
(1)
Areas without surfaces (such as paving or gravel) resistant to damage
from traffic by motorized vehicles.
(2)
Pedestrian paths or bicycle paths.
(3)
Service drives clearly marked as closed to the public.
(B) No person may operate any
motor vehicles on town property at a speed in excess of ten miles per hour.
(A) No person, other than a
person performing maintenance work or carrying out some other legitimate
function under the direction of the administrator may park or leave standing
any automobile, tractor, truck, motorcycle, moped, or other motor vehicle or
any trailer camper or similar device on town property except in those areas
clearly designated or intended for public parking.
(B) No person may park or leave
standing any automobile, tractor, truck, motorcycle, moped, or other motor
vehicle or any trailer camper or similar device for the purpose of washing,
repairing, performing maintenance work on, displaying for sale, or storing such
vehicle or device or for the principal purpose of advertising any commercial
venture or enterprise.
(A) No person may light any
fires on town property except in areas authorized or intended for picnicking,
and then only in grills or fireplaces (permanently established by the town or
portable) designed to accommodate such fires.
(B) The person igniting a fire
authorized under subsection (A) shall insure that the fire is completely extinguished
before leaving the fire site unattended.
(C) No person may dump any ashes
or coals into a refuse receptacle on town property unless such person has
ascertained that no live embers remain in such ashes and all coals have been
completely and totally extinguished.
(A) No person on town property
may hunt, molest, harm, frighten, kill, trap, chase, tease, shoot, or throw
missiles at any animal, reptile, or bird, except that snakes known to be deadly
poisonous (such as rattlesnakes) or other deadly reptiles may be killed on
sight.
(B) No person on town property
may give or offer or attempt to give to any animal or bird any alcohol or other
known noxious substance.
(C) No person other than an
authorized agent or employee of the town may remove from town property or
possess while on town property any live or dead animal, reptile or bird not
owned by such person or any nest or egg of any animal, reptile, or bird.
No person may, without specific authorization of the administrator dig
or remove any soil, rock, stones, sand, gravel, or similar material from town
property or make any excavation on such property by any means.
(A) Subject to subsection (B),
no person on town property may possess or carry, whether openly or concealed,
any deadly weapon not used solely for instructional or officially sanctioned
ceremonial purposes.
(B) Subsection (A) shall not
apply to federal, state, or local law enforcement officers acting in the
discharge of their official duties if such officers are authorized by law to
carry weapons.
(C) Posting of Signs Required. The Town Manager is hereby authorized
and instructed to post conspicuous signage at appropriate locations on or
within each park and each building or portion of a building owned, leased as
lessee, operated, occupied, managed, or controlled by the Town, as well as the
appurtenant premises to such buildings, indicating that carrying a concealed
handgun is prohibited therein.
(D) Location
of Signs. Signs on buildings
shall be visibly posted on the exterior of each entrance by which the general
public can access the building. The Town
Manager shall exercise discretion in determining the number and appropriate
location of signs to be placed on or within appurtenant premises and parks.
[Amended November 14, 1995]
(A) No person on town property
may force entry into any restroom or washroom that is locked or bolted.
(B) No person over five years of
age, other than a person performing maintenance work or carrying out some other
legitimate function under the direction of the administrator, may enter or use
any restroom, washroom or locker on town property designated for the opposite
sex.
(A) Subject to subsection (B),
no person may engage in commercial activity on town property. For purposes of this section, commercial
activity means any activity conducted by any person (other than the Town of
Blowing Rock) for the purposes of collecting admission charges or fees of any
kind in excess of the costs of the activity as well as any sale, attempted
sale, or advertisement of sale of any goods, merchandise, equipment or
services.
(B) The provisions of subsection
(A) shall not apply to:
(1)
Sales of goods, merchandise and services by persons authorized by the
town to sell the same at town sponsored events;
(2)
Sales of goods and merchandise by persons acting as agents of the town
when the town determines that such goods and merchandise should be available
primarily as a service to persons using the town's recreational facilities or
other town property.
(A) Smoking in Town owned
buildings and/or vehicles is restricted to areas so designated and identified
by departmental policy subject to review and approval by the Mayor and Board of
Commissioners.
(B) Designated "smoking
areas" shall be so identified and shall remain ventilated while smokers
are present.
[Amended September 14, 1993]
(A) The following definitions
shall apply in the interpretation and the enforcement of this article:
(1) Parade. Any
march, procession, motorcade, pageant, ceremony, or procession of any kind,
consisting of persons, animals, vehicles, or a combination thereof, having a
common purpose, design, destination, or goal, which moves upon or along any
public street, sidewalk, alley, park, or other public place and which does not
comply with normal and usual traffic regulation or control.
(2) Assemblage
or Assembly. Any meeting, gathering,
or group, consisting of persons, animals, vehicles or a combination thereof,
having a common purpose, design, destination, or goal, which is located upon
any public street, sidewalk, alley, park, or other public place and which
substantially inhibits the usual flow of pedestrian or vehicular traffic.
(3) Spontaneous
Event. An unplanned or
unannounced coming together of persons, animals, or vehicles as described above
which was not anticipated beforehand by any participant therein and which is caused
or in response to unforeseen circumstances or events.
(4) Dangerous
Weapon. Any device designed or capable of being
used to inflict serious injury upon persons or property, including but not
limited to firearms, knives of any kind or any type having a blade in excess of
three inches in length, razors and razor blades, metallic knuckles, clubs,
blackjacks and night sticks, dynamite cartridges, bombs, grenades, mines, other
powerful explosives, and loaded canes.
(5) Town
Manager. The person selected or appointed by the
Town Council to serve as the Town Manager of Blowing Rock, or his or her
designee.
[Adopted August 13, 1996]
(A) It shall be unlawful for any
person to conduct, manage, or participate in any parade, assembly, rally,
gathering, or other assemblage on the public streets, sidewalks, parks, or
other public places unless a permit has been issued in accordance with the
provisions of this chapter.
(B) The provisions of this
chapter shall not apply to the following:
(1)
funeral processions supervised by a licensed mortuary;
(2)
students going to and from school classes or participating in
educational activities, providing such conduct is under the immediate direction
and supervision of the proper school authorities;
(3) a
governmental agency acting within the scope of its functions;
(4)
spontaneous events.
[Adopted August 13, 1996]
(A) Any person desiring to
conduct a parade or assemblage shall make written application to the Town
Manager on such forms as may be required by the Manager. The application shall be filed not less than
fifteen days prior to the date on which the event is proposed to be conducted;
provided, however, that where good cause is shown, the Town Manager at his or
her discretion may consider an application that is filed less than fifteen days
prior to the event.
(B) A non-refundable fee of
$10.00 shall be paid at the time of application to cover expenses incidental to
the processing of the application.
(C) The application shall be
signed by the applicant and shall include the following information:
(1)
The name, address, and telephone number of the person requesting the
permit;
(2)
The name, address, and telephone number of the organization or group
that the applicant is representing;
(3)
The name, address, and telephone number of the person who will act as
parade or assembly chairman and who will be responsible for the conduct of the
parade or assembly;
(4)
The date and time (starting and ending) during which the parade or
assemblage is to be conducted;
(5)
The number of monitors to be provided by the permittee, if any, and the
identifying marks, badges, or symbols to be worn or used by the monitors;
(6) If
a parade, the specific assembly and dispersal locations; the specific route to be traveled; and the plans, if any,
for assembly or dispersal; also, whether the parade will occupy all or only a
portion of the width of the streets proposed to be traversed;
(7) If
an assemblage, the location at which the assemblage is to be held;
(8)
The approximate number of persons, vehicles, and/or animals that will
participate in the parade or assemblage; the type of animals; and a description
of the vehicles.
(9)
Whether any costumes, masks, or unusual attire will be worn;
(10)
Such other information that the Town Manager may deem necessary in order
to properly provide for traffic control, street and property maintenance,
administrative arrangements, police and fire protection, and for the protection
of public health, safety, and welfare.
[Adopted August 13, 1996]
(A) The Town Manager may refuse
to issue a permit if any of the information supplied by the applicant is found
to be false or intentionally misleading.
(B) The Town Manager will issue
the permit if the proposed parade or assemblage will not endanger the public
health, welfare, or safety after applying the following criteria:
(1)
Whether the time, duration, route, and size of the parade or assembly
will unreasonably disrupt the safe and orderly movement of other traffic on or
contiguous to its route;
(2)
Whether the temporary closing of streets, sidewalks, parks, or other
public facilities to accommodate the parade or assembly will unreasonably
inconvenience residents, visitors, adjacent businesses, or other persons who
would normally make use of such places;
(3)
Whether the parade or assemblage is of a size or nature that it would
require the diversion of so great a number of law enforcement, emergency
medical, and fire personnel so as to impair adequate protection for the
remainder of the Town;
(4)
Whether the concentration of persons, animals, and/or vehicles
participating in the parade or assemblage will unreasonably interfere with
adequate police, emergency medical, and fire protection in areas on or adjacent
to its route or location;
(5)
Whether the applicant has provided for monitors sufficient to control
the orderly conduct of the parade or assembly in conformity with such permit;
(6)
Whether the parade will move from its assembly area to its disbanding
area expeditiously without stopping en route except when reasonably required
for the safe and orderly conduct of the parade;
(7)
Whether the conduct of the parade or assembly is reasonably likely to
cause injury to persons or property, to provoke disorderly conduct, or to
create a disturbance;
(8)
Whether the parade or assembly is to be held for the primary purpose of
advertising a product, goods, or an event, and is to be held primarily for
private profit or gain;
(9)
Whether the applicant will provide and assure adequate cleanup of litter
and/or debris resulting from the activity;
(10)
Whether the proposed activity will violate the provisions of Sections
5-1 and 5-2 (Noise Regulations) or any other provisions of the Town Code of
Ordinances.
(C) The Town Manager shall act
upon any application for a permit, which is sufficient in meeting the
requirements of Section 15-23 of this Article, within five working days from
the receipt of the application. In
approving an application, the Town Manager may attach any reasonable terms,
conditions, restrictions, or limitations that would be consistent with the
criteria outlined in this Section.
(D) If the application is approved,
a copy shall be sent to the Chief of Police, Fire Chief, Chief of Emergency
Medical Services, and the Public Works Director.
[Adopted August 13, 1996]
(A) If the Town Manager denies
an application for a parade or assemblage permit based upon one or more of the
criteria prescribed in Section 15-24, the Town Manager or his designee shall,
upon the request of the applicant, confer with the applicant for the purpose of
trying to negotiate modifications of the planned activity that will eliminate
the objections found under Section 15-24.
The Town Manager is authorized to grant an alternative permit specifying
a date, time, route, or location that is different from that contained in the
original application, but that more readily complies with the criteria
prescribed in Section 15-24.
(B) An applicant, desiring to
accept an alternate permit, shall, within 72 hours after notice of the action
of the Town Manager, file a written notice of acceptance with the Town Manager.
[Adopted August 13, 1996]
(A) The permit shall be limited
to the date, time, location, size, route, or other terms and conditions
specified in the approved permit. The
permittee shall comply with all permit directions and conditions and with
applicable laws and ordinances.
(B) The parade chairman or other
person leading the parade shall carry the parade permit upon his person during
the conduct of the parade. The parade
chairman shall be physically present at the parade and shall be responsible for
compliance with all provisions of the parade permit.
(C) In case of an accident or
other emergency along or adjacent to the parade route, or in the vicinity of
the assemblage, the Chief of Police or police officer in charge is hereby given
full authority to divert, suspend, or cancel the parade or assemblage as public
health, safety, and welfare would reasonably require.
(D) Any permit issued pursuant
to this Chapter may be revoked if any term, condition, restriction, or
limitation of said permit has been violated or is being violated; or if due to
changed circumstances, the criteria specified in Section 15-24 have not or will
not be met.
[Adopted August 13, 1996]
(A) Interference. No
person shall unreasonably hamper, obstruct, impede, or interfere with any
parade or assembly or with any person, vehicle, or animal participating in a
parade or assembly.
(B) Driving
through parade. No driver of any vehicle shall drive
between the vehicles, persons, or animals comprising a parade when such
vehicles, persons, or animals are in motion and are conspicuously designated as
a parade.
(C) Parking along parade route. The
Town Manager shall have the authority, when reasonably necessary, to prohibit
or restrict the parking of vehicles along a street or highway that constitutes
part of the parade route. The Town
Manager shall cause signs to be posted to this effect, and it shall be unlawful
for any person to park or leave unattended any vehicle in violation thereof.
(D) Hand-carried signs. No
sign or poster carried by hand in the parade or assembly shall be of greater
density than eight-ply, .030 thickness cardboard. No support for such sign or poster shall be
of metal or thicker than one inch by three-fourths inches.
(E) Dangerous weapons. No
dangerous weapons of any kind may be possessed, whether exposed or concealed,
by any participant in the parade or assembly, any person affiliated with and
present at the parade or assembly, or any person upon any street, sidewalk, or
other public place within five hundred feet of the parade or assembly. This subsection shall not apply to law
enforcement officers, officers and soldiers of the armed forces and National
Guard, students of military science in an accredited program, park rangers, and
animal control officers.
[Adopted August 13, 1996]
Any person aggrieved by the refusal of the Town Manager to grant a
permit, or by the revocation of a permit after one has been issued, shall have
the right to appeal the matter to the Town Council, and the Council shall hear
the appeal at its first regularly scheduled meeting after receipt of the
appeal. Said appeal shall be filed with
the Town Clerk within seven calendar days of the receipt of the decision of the
Town Manager. [Adopted August 13, 1996]
The administrator may adopt reasonable supplementary rules and
regulations governing the occupancy and use of town property. Such rules and regulations shall be
consistent with the provisions of this chapter and shall be designed to protect
and safeguard town property and the persons using town property and to
facilitate the safe and convenient use and enjoyment by all of town
property. Without limiting the
generality of the foregoing, the administrator may adopt rules and regulations
governing the use of the town swimming pool, tennis courts, basketball courts,
ball fields, parking lots, etc. Whenever
practicable, such rules and regulations shall be posted at the particular
facility they affect and in all cases shall be kept on file and available for
public inspection in the administrator's office.
[Editor’s note: This section was previously numbered as
Section 15-28.]
(A) A violation of any of the
provisions of this chapter shall constitute a misdemeanor, punishable as
provided in G.S. 14-4.
(B) A violation of any of the
provisions of this chapter shall also subject the offender to a civil penalty
of one hundred dollars ($100.00). If a
person fails to pay this penalty within ten days after being cited for a
violation, the town may seek to recover the penalty by filing a civil action in
the nature of a debt. [Amended July 13, 1993]
(C) The town may seek to enforce
this chapter through any appropriate equitable action.
(D) Each day that a violation
continues after the offender has been notified of the violation shall
constitute a separate offense.
(E) The town may seek to enforce
this chapter by using any one or combination of the foregoing remedies.
[Editor’s note: This section was previously numbered as
Section 15-29.]