ARTICLE I. - IN GENERAL


Secs. 11-1—11-4. - Reserved.

Editor's note—

Ord. No. 2009-06-22/O-10, § 1, adopted June 22, 2009, deleted §§ 11-1—11-4. Former §§ 11-1—11-4 pertained to disorderly, boisterous conduct, cursing; loitering on streets, sidewalks, blocking same; habitual loafing, idleness; an dcurfew for persons under sixteen, respectively, and derived from Comp. 1961, p. 65—67.

Sec. 11-5. - Spitting, throwing cigar, cigarette butts on floor of public building.

It shall be unlawful for any person to spit upon or throw cigarette or cigar butts upon any floor in the town hall, the public library, or any other public building of the town.

(Comp. 1961, p. 142)

Sec. 11-6. - Discharge of firearms, BB guns.

It shall be unlawful for any person, other than a law enforcement officer acting in discharge of his duties or a resident acting in defense of his own property, to discharge any gun, rifle, air rifle, BB gun, pistol or firearms of any description, within the town limits, except that, upon written permit given by the chief of police, an air rifle or BB gun may be used by a resident for the purpose of shooting squirrels or other predatory wild animals while said animals are on the property of said resident.

Violation of this section shall constitute a misdemeanor and each violation is punishable by a fine of up to five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days.

(Ord. of 7-10-61, § 1; Ord. No. 92-4-13/O-4, § 13)

Cross reference— Additional restrictions on possession and display of firearms, §§ 11-131 et seq.

State law reference— Permitting children to use firearms, G.S. § 14-316.

Sec. 11-7. - Firebombs, "Molotov cocktails"—Defined.

For the purposes of sections 11-7 through 11-9, the following terms shall have the meanings herein ascribed:

Firebomb is defined as any type of object designed or constructed so that upon being propelled it will explode or ignite its area of impact.

Molotov cocktail is defined as any breakable container or any container which is designed in such a manner that upon being propelled it will at impact empty its contents, which is filled with an inflammable fluid or substance, and which is fitted with a fuse or wick.

Sec. 11-8. - Same—Use, manufacture, possession, transport prohibited.

It shall be unlawful for any person to manufacture, possess, transport or use any Molotov cocktail or other firebomb.

(Ord. of 4-22-68)

Sec. 11-9. - Same—Possession of materials restricted.

It shall be unlawful for any person or group of persons to possess all the items or materials needed to manufacture Molotov cocktails or other firebombs, other than on his or their premises.

(Ord. of 4-22-68)

Sec. 11-10. - Sale of running cedar, etc., prohibited.

It shall be unlawful to sell or offer for sale inside the corporate limits of the town, in any form, the plant Lycopodium complanatum (or Lycopodium flabelliforme) variously known as "running cedar," "ground pine," "running pine" or "ground cedar".

(Ord. of 12-13-65)

Cross reference— Street trees, § 17-96 et seq.

Sec. 11-11. - Abandoned iceboxes, refrigerators, etc.; exceptions.

It shall be unlawful for any person to place, keep, leave or maintain in any location accessible to children, any abandoned, unused or discarded iceboxes, refrigerators or other containers having an airtight door and being equipped with a lock, clasp, or snaplock or other device securing said doors which, when so secured, may not be released or opened from the inside of such iceboxes, refrigerators or other containers. However, the provisions of this section shall not apply to any icebox, refrigerator or other container from which the door-securing device has been removed or rendered inoperative, nor shall the provisions thereof apply to any such icebox, refrigerator or other container which has been so secured by locking or chaining or otherwise as to prevent the opening thereof, or if opened, the closing thereof.

The violation of this section shall constitute a misdemeanor and each violation is punishable by a fine of up to five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days.

(Ord. of 2-11-63, § 1; Ord. No. 92-4-13/O-4, § 14)

State law reference— Discarding or abandoning iceboxes, refrigerators, and similar containers, precautions required, G.S. § 14-318.1.

Sec. 11-12. - Removal of infected pine trees.

(a)

Representatives, contractors, employees of the North Carolina Forest Service or the Town of Chapel Hill or persons appointed by it be, and they are hereby authorized to go upon property situated within the Town of Chapel Hill, whether public or private, for the purpose of inspecting trees for the presence of said infestation, and if infested trees are found which are determined to be dangerous to the public safety or property of the citizens of the Town of Chapel Hill, to take such measures as may be reasonably necessary to prevent the spread of said infestation, including but not limited to the removal of such infested trees, provided however, that reasonable attempts will be made to inform the owner of said property prior to removal of such trees on his property, and obtain his consent therefor, provided however, that such consent shall not be required if in the event it would unreasonably delay the cutting, removal and destruction of such infested trees.

(b)

No person shall be held liable, civil or criminally for acting in obedience to orders given pursuant to the provisions of this section nor for giving of such orders or for damages to property ordered to be destroyed.

(c)

This section shall become effective from and after a resolution of the board of aldermen which finds and determines that an emergency exists dangerous to the public welfare and property of the citizens of the Town of Chapel Hill through the widespread infestation of the Southern Pine Beetle into pine trees located within the corporate limits of the Town of Chapel Hill and shall remain in effect until the board of aldermen finds and resolves that said emergency has ceased to exist.

(Ord. No. O-72-40, §§ 1—3, 10-2-72; Ord. No. O-74-51, 7-22-74)

Sec. 11-13. - Outdoor skateboard ramps regulated.

The use or operation of an outdoor skateboard ramp made of wood or other material located within an area in the town zoned residential and exceeding four (4) feet in height or twelve (12) feet in length is limited as follows:

Monday through Friday and Sunday     2—6 p.m.

Saturday     12 noon—6 p.m.

In addition, during the days and times allowed, skateboard ramps are limited to one (1) user at any one (1) time.

(Ord. No. 88-7-11/O-2b, § 1)

Sec. 11-14. - Large outdoor skateboard ramps prohibited.

(a)

Outdoor skateboard ramps in excess of ten (10) feet high or thirty (30) feet long in residential zones are hereby defined and determined to be public nuisances detrimental to the health, safety and welfare of the citizens of Chapel Hill.

(b)

The owners of outdoor skateboard ramps in residential zones exceeding these dimensions are hereby ordered and directed to cease any and all use of the ramps immediately and to dismantle and remove the ramps or otherwise bring them into compliance with this section within thirty (30) days of the receipt of a copy of this section.

(Ord. No. 88-7-11/O-2c, § 1)

Sec. 11-14.1. - Exemption for town facilities.

Skateboard ramps and facilities operated within town-owned public parks that are thirty-five (35) acres or more in size are exempted from the provisions of sections 11-13 and 11-14.

(Ord. No. 97-11-24/O-2, § I, 11-24-97)

Sec. 11-15. - Prohibition on possession of weapons on town property.

No person shall carry, possess or use any firearm or other dangerous weapon within any town-owned facility or on any town-owned property leased by the town for town purposes. This section shall not apply to law enforcement or other government personnel acting within the scope of their employment or to the possession of a firearm or other weapon on residential property, leased by the town, by the resident of said property, provided said possession is within the resident's own dwelling unit.

Violation of this section shall be a misdemeanor and shall be subject to a fine of five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days.

(Ord. No. 92-4-13/O-3, § 1)

Cross reference— Additional requirements on possession and display of firearms, § 11-130 et seq..

Sec. 11-15.1. - Posting of signs prohibiting possession of concealed handguns on town buildings, appurtenant premises, and parks.

The town manager is authorized to post conspicuous notice at appropriate locations at, on, or within each park and each building or portion of a building owned, leased, 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. Signs on buildings shall be posted visibly on the exterior of each entrance by which the general public may gain access to the buildings.

(Ord. No. 95-11-13/O-1)

Sec. 11-16. - Prohibition on possession of weapons on public streets temporarily closed to regular traffic for street fairs and other special events.

No person shall carry, possess or use any firearm or other dangerous weapon within any public right-of-way or street while such right-of-way or street is temporarily closed for a street fair, concert, art display, bicycle race or other special event. This section shall not apply to law enforcement or other government personnel acting within the scope of their employment. This section shall not apply to any person who obtains a permit to carry a weapon at such an event from the Chapel Hill Police Department where the carrying of such weapon is part of the display, program or event for which the street or right-of-way is temporarily closed.

Violation of this section shall be a misdemeanor and shall be subject to a fine of five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days.

(Ord. No. 92-4-13/O-3, § 1)

Secs. 11-17—11-21. - Reserved.