Title
Ordinance Adding "Sec. 6-10. Certain Actions Prohibited on City Property" to Chapter 6, Article I of the Wilmington City Code
Body
LEGISLATIVE INTENT/PURPOSE:
WHEREAS, N.C. General Statutes Sec. 160A-174 and 160A-179 grant cities the authority to prohibit, regulate, or abate acts, omissions, or conditions detrimental to the health, safety, or welfare of its citizens, especially when those activities occur on city property; and,
WHEREAS, City Council has determined that certain activities on City property should be regulated and/or prohibited in order to ensure the health, safety, and welfare of the citizens of Wilmington.
THEREFORE, BE IT ORDAINED:
SECTION 1: Chapter 6, Article I, Section 6-10 of the Wilmington City Code, currently reads as follows:
“Sec. 6-10. - Reserved.”
SECTION 2: The language of Chapter 6, Article I, Section 6-10 of the Wilmington City Code is hereby amended to read as follows:
“Sec 6-10. Certain Activity Prohibited on City Property.
Unless otherwise expressly authorized by public signage or written permission of the city manager or their designee, it shall be unlawful for any person to do any of the following on or within any property owned by or leased to the city:
(a) Occupy, camp, sleep, or place, erect or utilize any tents, cooking equipment or bedding between the hours of 10:00 p.m. and 7:00 a.m. or such other times as prohibited by signage, rule, policy, regulation, or law; and,
(b) Personal effects, including, but not limited to, clothing, food, bedding, or eating equipment, shall not be left unattended; for health and safety reasons, any personal effects left unattended pursuant to this section may be deemed abandoned and forfeited to the city for disposal at its election; and,
(c) City parking deck(s) and surface parking lots are for parking and associated activities; therefore, other uses are prohibited; and,
(d) Entrances to city facilities, and associated areas, are for ingress and egress to city facilities; therefore, other uses are prohibited; and,
(e) Subsections (a) and (b) of this section do not apply to emergency management sheltering events and city employees in the performance of their job duties; and,
(f) Subsection (b) of this section does not apply to the general public present within a city facility for the purpose of transacting business; and,
Any violation of section 6-10 shall constitute a misdemeanor.”
SECTION 3: All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict.
SECTION 4: If any section, subsection, paragraph, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable, and such holding shall not affect the validity of the remaining portion thereof. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof irrespective of the fact that any section, subsection, paragraph, sentence, clause, phrase, or portion be declared invalid.
SECTION 5: This ordinance shall be effective upon adoption.