TITLE XIII: GENERAL OFFENSES
Chapter
130. GENERAL OFFENSES
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2 Shallotte General Offenses
CHAPTER 130: GENERAL OFFENSES
Section
130.01 Profanity and boisterous conduct
130.02 Discharge of firearms and other weapons
130.03 Drinking in public places
130.04 Disturbing public meetings
130.05 Injuring property of town
130.06 Malt beverage sales restricted
130.07 Loitering
130.08 Unnecessary noise
130.09 Posting of printed matter
130.10 Discharge or deposit into drainways
130.11 Concealed weapons
130.99 Penalty
'130.01 PROFANITY AND BOISTEROUS CONDUCT.
It shall be unlawful for any person to use loud, boisterous or profane language in any public place in a manner as to create a public disturbance.
(1979 Code, '81001) Penalty, see '130.99
Statutory reference:
Offenses against the public peace,
see G.S. ''14269 et seq.
'130.02 DISCHARGE OF FIREARMS AND OTHER WEAPONS.
(A) It shall be unlawful for any person to fire or discharge any rifle, gun, pistol, pellet gun, air gun, air pistol or air rifle within the town, on or off his or her premises, in sport or amusement.
(B) Any person who shall knowingly and willfully permit his or her minor child under 18 years of age to discharge, fire, shoot or operate, within the corporate limits of the town any air rifle, BB gun or
pellet gun, shall be guilty of a misdemeanor.
(1979 Code, '81002) Penalty, see '130.99
Statutory reference:
Authority to regulate and restrict firearms, and
pellet guns, see G.S. ''160A189, 160A190
'130.03 DRINKING IN PUBLIC PLACES.
Pursuant to the authority granted to the town in G.S. '18B300, no person shall consume malt beverages or unfortified wine on or within the rightsofway of the municipal streets, boulevards, alleys or sidewalks or in municipal parks, buildings or any other property owned or occupied by the town except that subject to the rules and regulations of the Buddy Kelly Farmers= Market, a vendor may provide a free sample of beer or wine on the premises of the farmers= market to individuals over the age of 21. Each sample shall be one ounce or less and shall be limited to no more than two samples per vendor to any individual within a 24-hour period.
(1979 Code, '81003) (Ord. 62090, passed 6201990; Ord. passed 6-3-2014) Penalty, see '130.99
'130.04 DISTURBING PUBLIC MEETINGS.
It shall be unlawful to behave in a boisterous or indecent manner or to create any disturbance at or near any public entertainment or meeting.
(1979 Code, '81004) Penalty, see '130.99
'130.05 INJURING PROPERTY OF TOWN.
It shall be unlawful to injure, damage, deface, trespass upon, break or injure any property belonging to the town.
(1979 Code, '81005) Penalty, see '130.99
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'130.06 MALT BEVERAGE SALES RESTRICTED.
It shall be unlawful for any person to sell or offer for sale any beer or malt beverages, as defined by general law, between the hours of 1:00 a.m. and 1:00 p.m. on Sundays as well as between the hours of 1:00 a.m. and 7:00 a.m. on Mondays. Violation of this section is punishable as provided in G.S. '144.
(Ord. 12187, passed 1211987) Penalty, see '130.99
'130.07 LOITERING.
(A) A person commits a violation if he or she loiters or prowls in a place, at a time, or in a manner not usual for lawabiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person takes flight upon appearance of a police officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstances makes it impractical, a police officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting the person to identify himself or herself and to explain his or her presence or conduct. No person shall be convicted of an offense under this section if the police officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the person was true and, if it had been believed by the police officer at the time, would have dispelled the alarm. Any police officer may arrest any person suspected of being a loiterer or prowler without a warrant if it reasonably appears that the delay in arresting the suspect caused by obtaining a warrant would result in the suspect's escape.
(B) It shall be unlawful for any person, after first being warned by a police officer, or where a Ano loitering@ sign or signs have been posted, to loiter, stand, sit, or lie in or upon any public or quasipublic
sidewalk, street, curb, crosswalk, walkway area, mall or that portion of private property utilized for public use, so as to hinder or obstruct unreasonably the free passage of pedestrians or vehicles thereon. It shall be unlawful for any person to block, obstruct, or prevent free access to the entrance to any building open to the public.
(C) For the purpose of this section, PUBLIC PLACE has the following definition unless the context clearly indicates or requires a different meaning: an area generally visible to public view, including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public, including those which serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
Penalty, see '130.99
'130.08 UNNECESSARY NOISE.
(A) It shall be unlawful for any person, firm or corporation to create or assist in creating, permit, continue or permit the continuance of any unreasonably loud, disturbing and unnecessary noise in the town. Noise of a character, intensity and duration as to be detrimental to the life or health of any individual is prohibited.
(B) The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but this enumeration shall not be deemed to be exclusive, namely:
(1) The sounding of any horn or signal device or any device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of the device for an unnecessary and unreasonable period of time;
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(2) The use of any gong or siren upon any vehicle, other than police, fire or other emergency vehicle;
(3) The use or operation of any piano, manual or automatic, phonograph, radio, loudspeaker, or any other instrument or sound amplifying devices so loudly as to disturb persons in the vicinity thereof, or in such a manner as renders the same a public nuisance. However, upon application to the Mayor, permits may be granted to responsible organizations to produce programs in music, speeches or general entertainment;
(4) The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort and repose of any person in the vicinity;
(5) The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such manner as to create loud or unnecessary grating, grinding, rattling or other noise;
(6) The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of danger;
(7) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;
(8) The use of any mechanical device operated by compressed air unless the noise created thereby is effectively muffled and reduced;
(9) The erection (including excavation), demolition, alteration or repair of any building in a residential or business district other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in the case of urgent necessity in the interest of public safety and then only with a permit from the Building Inspector, which permit may be renewed for a period of three days or less while the emergency continues;
(10) The creation of any excessive noise on any street adjacent to any school, institution of learning or court while the same are in session; or within 150 feet of any hospital, which unreasonably interferes with the working of the institution, provided conspicuous signs are displayed in the streets indicating that the same is a school, court or hospital street;
(11) The creation of any excessive noise on Sundays on any street adjacent to any church, provided conspicuous signs are displayed in the streets adjacent to churches indicating that the same is a church street;
(12) The creation of loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers;
(13) The sounding of any bell or gong attached to any building or premises which disturbs the quiet or repose of persons in the vicinity thereof;
(14) The shouting and crying of peddlers, barkers, hawkers and vendors which disturbs the quiet and peace of the neighborhood; or anyone shouting within the corporate limits so as to disturb the peace and quiet of the neighborhood;
(15) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale or display of merchandise;
(16) The use of any mechanical loudspeakers or amplifiers on trucks or other moving vehicles for advertising purposes or other purposes except where specific license is received from the Board of Aldermen;
(17) The conducting, operating or maintaining of any garage or filling station in any residential district so as to cause loud or offensive noises to be emitted therefrom between the hours of 11:00 p.m. and 7:00 a.m.; and
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(18) The firing or discharging of a gun, squibs, crackers, gunpowder or other combustible substance in the streets or elsewhere for the purpose of making noise or disturbance, except by permit from the Board of Aldermen.
(1979 Code, '85001) Penalty, see '130.99
Statutory reference:
Authority to regulate noises, see G.S. '160A184
'130.09 POSTING OF PRINTED MATTER.
(A) It shall be unlawful for any person to post, nail, stick or otherwise affix bills, posters, advertisements, notices or any other printed or graphic matter upon public property in the town. This section shall not apply to notices, signs or advertisements required to be posted by law, signs or plates on residential premises giving the name or address of the occupant, mail boxes or newspaper tubes, municipal, county, state and erected by public authority, temporary displays as a part of customary holiday decorations and signs denoting the location of underground utilities.
(B) It shall be unlawful for any person, firm or corporation to nail, stick or otherwise affix bills, posters, advertisements, notices or other printed or graphic matter upon private property within the town without the consent of the owner.
(C) With the exception of parking tickets or citations issued by a duly authorized law enforcement officer, it shall be unlawful for any person, firm or corporation to nail, stick or otherwise affix bills, posters, advertisements, notices or other graphic matter upon automobiles, trucks or any other vehicles within the town.
(D) It shall be unlawful for any person to throw or deposit upon any street, sidewalk or upon any private property except with the written permission of the owner or occupant of the private property, any trash, refuse, garbage, building material, cans, bottles, broken glass, paper, or any type of litter.
(E) It shall be unlawful for any person while a driver or passenger in a vehicle to throw or deposit
litter upon any street or other public place within the town or upon private property.
(F) Every owner, lessee, tenant, occupant or other person in charge of any commercial establishment or premises which maintains any paved or unpaved areas for the use of the public, either for parking or as access areas and incident to the carrying on of the principal business of any commercial establishment or premises and which parking pr access areas abut or lie within ten feet of any public street or other public way, shall keep and maintain the areas clean and free from trash, litter, rubbish, and any materials liable to be blown, deposited, or cast upon the street or other public way.
(G) Any person who carries or moves building material, scraps, fill dirt, garbage, refuse, solid wastes, and tree trimmings, shall be required to secure same within containers of the debris shall be covered while in transit to insure that it does not blow or fall from the vehicle in which it is being transported.
(H) The duties and responsibilities herein imposed shall be applicable alike to the owner of a vehicle, the operator hereof, and the person from whose home or business establishment the litter or other cargo originated.