Chapter 32

Streets and Sidewalks*

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* Charter References: Street improvements, assessment of costs, § 5.1; assessment of costs of sidewalk improvements, § 5.4.
Cross References: Buildings and building regulations, ch. 6; vehicles in cemeteries regulated, § 12-13.
State Law References: General municipal authority relative to streets and sidewalks, G.S. 160A-296 et seq.
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Article I. In General

• Sec. 32-1. Approval of new streets required.
• Sec. 32-2. House moving.
• Sec. 32-3. Damaging, tampering with municipal property.
• Sec. 32-4. Littering prohibited generally.
• Sec. 32-5. Throwing litter from vehicles.
• Sec. 32-6. Maintenance of public areas.
• Sec. 32-7. Receptacles in public areas.
• Sec. 32-8. Drinking alcohol in public places.
• Secs. 32-9--32-30. Reserved.

Article II. Excavation and Repair

• Sec. 32-31. Permit required.
• Sec. 32-32. Application for permit; fees.
• Sec. 32-33. Refilling, repair.
• Sec. 32-34. Safety barricades, lights.
• Sec. 32-35. Damage by tractors, harrows, other implements or tools.
• Sec. 32-36. Sidewalk construction.
• Sec. 32-37. Driveway construction or repair.
• Secs. 32-38--32-60. Reserved.

Article III. Obstructions

• Sec. 32-61. Assembly on streets and sidewalks.
• Sec. 32-62. Display of goods.
• Sec. 32-63. Construction near sidewalk; passageway.
• Sec. 32-64. Sheds and awnings.
• Sec. 32-65. Repair of motor vehicles.
• Sec. 32-66. Installation of Basketball Goals and Playing of Basketball.
• Secs. 32-67--32-85. Reserved.

Article IV. Parades and Demonstrations

• Sec. 32-86. Definitions.
• Sec. 32-87. Permit required.
• Sec. 32-88. Standards for approval.
• Sec. 32-89. Requirements, conditions of permit issuance.
• Sec. 32-90. Prohibited acts.
• Sec. 32-91. Revocation of permit.
• Sec. 32-92. Interference, obstruction prohibited.
• Sec. 32-93. Additional regulations applicable to picketing.
• Sec. 32-94. Exceptions.

ARTICLE I.

IN GENERAL

Sec. 32-1. Approval of new streets required.

Before any new street offered for dedication to the town is accepted as such, and officially recognized as a town-maintained street, the council must give its approval, finding that the street complies with engineering standards set by the council, and that the best interests of the town would be served by accepting the street as a town street.
(Code 1981, § 4-1001)

Sec. 32-2. House moving.

No person shall move any house or building upon or across the public streets or sidewalks without a written permit from the director of public works upon the deposit of a good and sufficient bond to cover damage done to any street or sidewalk or to any property of any person.
(Code 1981, § 4-1027)
State Law References: Housemovers, G.S. 20-356 et seq.

Sec. 32-3. Damaging, tampering with municipal property.

No person shall injure, tamper with, remove, paint upon or deface any bridge, culvert, ditch and drain, sign, sign post, street light, traffic signal, bulletin board or other municipal property upon the streets and sidewalks or elsewhere except employees of the town in the performance of their duties.
(Code 1981, § 4-1028)

Sec. 32-4. Littering prohibited generally.

It shall be unlawful for any person to throw or deposit upon any street or sidewalk, or upon any private property, except with 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.
(Code 1981, § 6-2021)
Cross References: Solid waste management, ch. 30.
State Law References: Littering generally, G.S. 14-399, 14-399.1.

Sec. 32-5. Throwing litter from vehicles.

It shall be unlawful for any person while a driver or a passenger in a vehicle to throw or deposit litter upon any street or other public place within the town, or upon private property.
(Code 1981, § 6-2022)
Cross References: Traffic and vehicles, ch. 34.

Sec. 32-6. Maintenance of public areas.

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 or 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.
(Code 1981, § 6-2023)

Sec. 32-7. Receptacles in public areas.

Suitable receptacles may be provided in parking or access areas within the meaning of section 32-6. The receptacles shall be plainly marked and constructed to prevent scattering of any trash, litter, rubbish or other materials deposited therein.
(Code 1981, § 6-2024)

Sec. 32-8. Drinking alcohol in public places.

It shall be unlawful for any person to have in his possession, or to consume, any malt beverages or unfortified wine, as defined by G.S. 18A-2, on or within the rights-of-way of any street, boulevard, alley, or sidewalk in town parks and buildings, or on any other property owned or occupied by the town.
(Code 1981, § 6-2025)

Secs. 32-9--32-30. Reserved.

ARTICLE II.

EXCAVATION AND REPAIR

Sec. 32-31. Permit required.

No person shall make any excavation or opening or dig any ditch, trench, tunnel or hole in, along, across or under any street, sidewalk or other public place for the purpose of laying or placing therein any pipes, wires or poles or for any other purposes unless a written permit therefor has been issued by some officer of the town vested with proper authority; provided, that a permit shall not be required where the work is performed under a contract with the town, but if the work requires a sidewalk or street to be wholly or partially obstructed, the party performing the work shall notify the town at least two hours before obstructing the sidewalk or street, unless prevented by sudden emergency.
(Code 1981, § 4-1021)

Sec. 32-32. Application for permit; fees.

All persons desiring a permit to make an opening in any street or sidewalk pursuant to this article, shall make written application therefor, which application shall show the location of the proposed opening, the purpose therefor and the approximate number of square yards of surface to be cut. A fee may be required by the council for the permit.
(Code 1981, § 4-1022)

Sec. 32-33. Refilling, repair.

When any part of any street, sidewalk, alley or other public place of the town shall be torn or dug up for any purpose, the person making the excavation or opening shall have the duty of refilling the excavation or opening, and the refilling shall be done in accordance with the standards and specifications of the town.
(Code 1981, § 4-1023)

Sec. 32-34. Safety barricades, lights.

It shall be unlawful for any person who obtains a permit under this article to do any excavation of any kind which may create or cause a dangerous condition in or near any street, alley, sidewalk or public place of the town without placing and maintaining proper guardrails three feet from the ground and signal lights or other warnings at, in or around the same, sufficient to warn the public of the excavation or work, and to protect all persons using reasonable care from injuries on account of the excavation or work.
(Code 1981, § 4-1024)

Sec. 32-35. Damage by tractors, harrows, other implements or tools.

It shall be unlawful for any person to drag, or run or cause to be dragged or run any harrow or other implement, engine, machine or tool upon any asphalt or other type of permanently paved street of the town which shall be likely in any way to injure or cut the surface thereof.
(Code 1981, § 4-1025)

Sec. 32-36. Sidewalk construction.

No sidewalk of any description shall be built of any brick, wood or other material by any person without a written permit from the town.
(Code 1981, § 4-1026)

Sec. 32-37. Driveway construction or repair.

No person shall begin to construct, reconstruct, repair, alter or grade any driveway on the public streets, unless a written permit therefor has been issued by the manager or some other officer of the town vested with such authority.
(Code 1981, § 4-1029)

Secs. 32-38--32-60. Reserved.

ARTICLE III.

OBSTRUCTIONS

Sec. 32-61. Assembly on streets and sidewalks.

Except as provided in article IV, it shall be unlawful for crowds or assemblages of persons to congregate on the streets or sidewalks of the town in such a way as to unnecessarily interfere with pedestrian or vehicular traffic. Any person refusing to disperse upon being so ordered by a police officer shall be guilty of a misdemeanor.
(Code 1981, § 6-2001)

Sec. 32-62. Display of goods.

It shall be unlawful for any person to place or set out for exhibition any goods, wares or merchandise directly connected with the business transacted by him, in front of a place of business, store or building owned, controlled or occupied by him, on any part of the sidewalk within seven feet of the curb.
(Code 1981, § 6-2002)
Cross References: Businesses, ch. 8.

Sec. 32-63. Construction near sidewalk; passageway.

Before building or remodeling at any place in close proximity to a sidewalk, a passageway shall be constructed so as to leave the sidewalk unobstructed and provide safe and easy passage in accordance with state and OSHA requirements.
(Code 1981, § 6-2003)

Sec. 32-64. Sheds and awnings.

It shall be unlawful for any person to construct or erect, or cause to be constructed or erected, any structure, and particularly any awning or similar structure, over any sidewalk or any part of any sidewalk of the town unless the structure is in accordance with the town’s zoning ordinance.
(Code 1981, § 6-2004)

Sec. 32-65. Repair of motor vehicles.

It shall be unlawful for any person to repair a motor vehicle on a street of the town except in case of emergency.
(Code 1981, § 6-2005)
Cross References: Traffic and vehicles, ch. 34.

Sec. 32-66. Installation of Basketball Goals and Playing of Basketball.

The installation of permanent or portable basketball goals and the playing of basketball shall be prohibited within fifteen (15) feet from the edge of improved surfaces of all streets and roads.
(Ordinance adopted November 2, 2009)
Cross References: Traffic and vehicles, ch. 34.
 

Secs. 32-67--32-85. Reserved.

ARTICLE IV.

PARADES AND DEMONSTRATIONS

Sec. 32-86. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Block means that portion of any street lying between its intersections with other streets.

Group demonstration means any assembly together or in concert of action between or among two or more persons for the purpose of protesting any matter or of making known any position or promotion of the persons, or of or on behalf of any organization or class of persons, or for the purpose of attracting attention of the assembly.

Parade means any assemblage of two or more persons participating in or operating any vehicle in any march, ceremony, show, exhibition or procession of any kind in or upon the public streets, sidewalks, alleys, parks or other public grounds or places.

Person means any person, firm, corporation, partnership, association, or other organization, whether formal or informal.

Picket line means any two or more persons formed together for the purpose of making known any position or promotion of the persons, or on behalf of any organization or class of persons.
(Code 1981, § 6-2031)
Cross References: Definitions generally, § 1-2.

Sec. 32-87. Permit required.

It shall be unlawful for any person to organize, conduct or participate in any parade, picket line or group demonstration in or upon any street, sidewalk, alley or other public place within the town unless a permit therefor has been issued in accordance with the provisions of this article.
(Code 1981, § 6-2032)

Sec. 32-88. Standards for approval.

The chief of police shall not issue a permit under this article if he finds that:

1. The parades, picket lines or group demonstrations are to commence before 6:00 a.m. or terminate after 5:00 p.m.
2. The parades or group demonstrations are to be held at the same time and place as those designated in a permit issued pursuant to a written application previously received by the chief of police or his designee.
3. The conduct of the parade will substantially interrupt the safe and orderly movement of other traffic contiguous to its route.
4. The conduct of the parade will require the diversion of so great a number of police officers of the town to properly police the line of movement of the parade and of contiguous areas so that adequate police protection cannot be provided the remainder of the town.
5. The conduct of the parade will require the diversion of so great a number of ambulances so that adequate ambulance service to portions of the town not occupied by the parade and contiguous area will be prevented.
6. The concentration of persons, animals and vehicles at assembly points of the parade will substantially interfere with adequate fire and police protection of, or ambulance service to, areas contiguous to the assembly areas.
7. The conduct of the parade is reasonably likely to result in violence to persons or property causing serious harm to the public.
8. The parade is to be held for the primary purposes of advertising a product, good or event, and is designed to be held primarily for private profit.
9. The conduct of the parade will interfere with the movement of firefighting equipment to such an extent that adequate fire protection cannot be provided to the town.

(Code 1981, § 6-2033)

Sec. 32-89. Requirements, conditions of permit issuance.

The chief of police or his designee shall issue permits as required in section 32-88, and in the issuance thereof he shall:

1. Require a written application for a permit to be filed not less than 24 hours in advance of the parade, picket line or group demonstration, which application shall specify the time and place for the commencement of any picket line and the time, place, route and duration of any parade or group demonstration.
2. Require that the application for a permit specify whether or not minors below the age of 18 years will be permitted to participate.
3. Require that the application for a permit specify and designate the person or persons in charge of the activity. The person shall be required to accompany the parade, picket line, or group demonstration and shall carry the permit with him at that time. The permit shall not be valid in the possession of any other person.
4. Require that the applicant provide to the town public liability and property damage insurance covering all claims for personal injuries, death and property damage which might occur as a result of the activity authorized in the permit, in a company approved by the town, providing for limitations of not less than $200,000.00 for injury or death to any one person, and not less than $500,000.00 for injury or death occurring to more than one person as a result of one accident, and not less than $100,000.00 for property damage naming the town as insured. All such insurance shall be obtained from a company approved by the town and a certificate evidencing the issuance of such policy or policies shall be delivered to the town before the commencement of the activity covered by the permit.

(Code 1981, § 6-2034; Ord. of 3-6-89, § 1)

Sec. 32-90. Prohibited acts.

The following acts or activities, when performed or undertaken in conjunction with or as a part of, any parade, picket line or group demonstration, are hereby prohibited and declared unlawful:

1. The carrying on or about the person any firearm, or any weapon or article, including but not limited to blackjacks, nightsticks, or flashlights, which by their use might constitute a deadly weapon.
2. The taking or keeping of any dog or other vicious animal, whether leashed or unleashed.

(Code 1981, § 6-2035)

Sec. 32-91. Revocation of permit.

The chief of police shall revoke any permit granted for a parade, picket line or group demonstration for any of the following causes:

1. The violation by any participant of section 32-90.
2. The failure to comply with the terms and conditions of the permit.

(Code 1981, § 6-2036)

Sec. 32-92. Interference, obstruction prohibited.

No person shall hamper, obstruct, impede, or interfere with any parade, picket line or group demonstration being conducted under authority of a permit duly issued by the chief of police.
(Code 1981, § 6-2037)

Sec. 32-93. Additional regulations applicable to picketing.

Picket lines and picketing shall be subject to the following additional regulations:

1. Picketing may be conducted only on the sidewalks or other areas reserved for pedestrian movement, and may not be conducted on the portion of a street used primarily for vehicular traffic.
2. Not more than three pickets promoting the same objective shall be permitted to use either of the two sidewalks within a single block at any time; provided, if pickets promoting different objectives desire to use sidewalks in the same block for picketing and such use would result in the presence of more than three pickets thereon, the chief of police shall allot time to each group of pickets for the use of the sidewalks on an equitable basis, but each group shall be permitted to picket subject to the provisions of this article at least once every two hours.
3. Pickets may carry written or printed placards or signs not exceeding two feet in width and two feet in length promoting the objective for which the picketing is done, provided the words used are not defamatory in nature or would not tend to produce violence.
4. Pickets must march in single file and not abreast and must not march closer together than 15 feet, except in passing one another.

(Code 1981, § 6-2038)

Sec. 32-94. Exceptions.

Sections 32-86 through 32-93 shall not apply to:

1. Funeral processions.
2. Any governmental agency acting within the scope of its functions.

(Code 1981, § 6-2039)