Statesville City Zoning Code

(a)

It shall be unlawful for any person to write, paint or print any letters, figures, signs, devices, pictures or marks on any of the pavements or curbstones of the city. This subsection shall not apply to traffic regulatory markings required or authorized by ordinance.

(b)

It shall be unlawful for any person to post any bill, notice or advertising matter on any of the utility poles in the city or within the police jurisdiction thereof.

(Code 1959, §§ 14-4, 14-24)

State Law reference— Unlawful posting of advertisements, G.S. § 14-145.

It shall be unlawful for any person to injure, deface or remove any lawfully erected sign belonging to another within the city.

(Code 1959, § 14-6)

It shall be unlawful for any person to place or hang, or cause to be placed or hung, any banner or advertisement across any street in the city at any time, unless a permit shall have been first obtained from the city manager. All such banners shall be installed under the supervision of the director of electric utilities and that department.

(Code 1959, § 14-7)

It shall be unlawful for any person to write, paint, draw, carve or cut any letter, letters, word, words or device, or to in any way mutilate or deface any church, public building, private wall or fence belonging to another, or post any bills on the same without the owner's consent.

(Code 1959, § 14-21)

State Law reference— Unlawful posting of advertisements, G.S. § 14-145; injuring houses, churches, fences and walls, G.S. § 14-144; injuring buildings or fences, G.S. § 14-159.

(a)

It shall be unlawful for any person to injure, deface, mutilate, destroy, tamper with or in anywise injure any public buildings or other property belonging to the city.

(b)

It shall be unlawful for any person to wantonly break, injure, deface or misplace any of the street signboards, lamps, lampposts, light poles, telephone or telegraph poles or wires, in any manner whatsoever, belonging to or placed within the city, or to break or injure any fountain, hydrant, water fixtures, or other property belonging to the city or located within the same.

(Code 1959, §§ 14-22, 14-23)

State Law reference— Malicious injury to real property, G.S. § 14-127; injury to public buildings, G.S. § 14-132; injury to houses, churches, fences and walls, G.S. § 14-144; injuring personal property, G.S. § 14-160; injuring wires, fixtures, etc., of telephone and power companies, G.S. §§ 14-154, 14-156.

It shall be unlawful to deface, despoil or otherwise injure or damage any school building in the city or any furniture or fixtures therein or to commit any injury, waste or depredation upon the grounds of any schoolhouse or building or to injure in any way any flowers, trees or shrubbery upon any schoolgrounds or at or near any schoolhouse or building.

(Code 1959, § 14-25)

State Law reference— Malicious injury to real property, G.S. §§ 14-127, 14-128; injury to public buildings, G.S. § 14-132; injuring houses, churches, fences and walls, G.S. § 14-144; injuring personal property, G.S. § 14-160.

It shall be unlawful for any person to pull down, cut or in any way injure any shade tree on the streets, sidewalks or public squares.

(Code 1959, § 14-26)

State Law reference— Cutting, injuring or removing or removing another's timber, or trees, G.S. §§ 14-135, 14-128.

It shall be unlawful for any person to throw from any upper window or door of any store or building or from the roof of any house or from any bridge any article which in any manner endangers, injures or annoys persons or damages property within the corporate limits of the city.

(Code 1959, § 14-34)

It shall be unlawful for any person to go upon the land of another without his consent, after having been notified by such person or his agent not to do so, either personally or by published or posted notice, or to remain on such land after a request by such person or his agent to depart.

(Code 1959, § 14-35)

State Law reference— Trespass, G.S. § 14-126 et seq.

It shall be unlawful for any person to loiter or loaf about the railroad tracks or shops or to use the railroad tracks as a public highway. The provisions of this section shall in no way abridge, limit or affect the right of the public to use the tracks or other property of any railroad company in cases where such tracks or other property are in or upon the public highways of the city.

(Code 1959, § 14-16)

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:

Camp or camping means use of city property, public streets, sidewalks, rights-of-way, and public parking lots for living accommodation purposes such as sleeping or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or storing personal belongings, or placing any tents or a temporary shelter on such property for living accommodation purposes.

Public park means all municipal parks, public playgrounds, public plazas, attractions, and monuments.

Public property means all public or municipal buildings, facilities, structures, properties upon which the buildings, facilities or structures are located, lots, parcels, and any other public properties.

Storing personal property means leaving one's personal effects, such as, but not limited to, clothing, bedrolls, cookware, sleeping bags, luggage, knapsacks, pushcarts for personal belongings, or backpacks, unattended for any substantial prolonged length of time. The term "storing personal property" shall not include parking a bicycle or other mode of transportation.

Temporary shelter means tents, tarps, or any type of structure or cover that provides partial shelter for persons, animals, or personal property from the elements.

(Ord. No. 24-23, 6-5-2023)

(a)

It shall be unlawful for anyone to camp or store personal property on any public property owned by the city including public parks, public streets, public rights-of-way, and sidewalks.

(b)

It shall be unlawful to place tents, temporary shelters or other camping gear on public property owned by the city regardless of whether the tents are occupied and/or contain bedding or camping gear except in locations designated for camping by the city council.

(c)

It shall be unlawful to leave a tent or temporary shelter or to store personal property as defined above on any public property owned by the city.

(d)

It shall be unlawful to light or use a campfire or bonfire on public property except in a location designated by the city council for such use.

(Ord. No. 24-23, 6-5-2023)

(a)

Public nuisance. Any activity prohibited under this article is hereby declared to constitute a public nuisance. Anyone camping attempting to camp or placing any tent or temporary shelter on city property in making preparations to sleep or store personal belongings without written permission to do so, shall be directed by any duly sworn law enforcement officer or city employee having authority to do so to cease such activity and to remove any camping gear or personal belongings from city property. Any duly sworn law enforcement officer or city employee may summarily remove any tent, temporary shelter, bedding, or personal belongings from city property.

(b)

Extinguishing campfire or bonfire. Lighting or using a campfire or bonfire on city property poses a potential danger to the public and unless permitted to do so, any person lighting or using a bonfire on city property shall be directed to stop, to extinguish any burning material, and to remove same once that can be safely done. Any duly sworn law enforcement officer or city employee may summarily extinguish any burning material.

(c)

A violation of this article may be punishable as a Class 3 misdemeanor subject to a fine not to exceed five hundred dollars ($500.00) or imprisonment not exceeding thirty (30) days pursuant to G.S. 14-4 and G.S. 160A-175.

(d)

Applicable state law. A violator of this article is also subject to arrest for violation of state trespass statutes G.S. 14-159.12.

(Ord. No. 24-23, 6-5-2023)

(a)

A state of emergency shall be deemed to exist whenever, during times of great public crisis, disaster, rioting, civil disturbance, catastrophe or for any other reasons, municipal public safety authorities are unable to maintain public order or afford adequate protection for life, safety, health, welfare or property.

(b)

In the event of a state of emergency threatening or endangering the lives, safety, health and welfare of the people within the city, or threatening damage to or destruction of property, the mayor of the city is authorized and empowered to issue a public proclamation declaring to all persons the existence of such a state of emergency and, in order to more effectively protect the lives, safety and property of people within the city impose restrictions upon:

(1)

Movements of people in public places;

(2)

The operation of offices, business establishments and other places to or from which people may travel or at which they may congregate;

(3)

The possession, transportation, sale, purchase and consumption of alcoholic beverages;

(4)

The possession, transportation, sale, purchase, storage and use of dangerous weapons and substances, and gasoline;

(5)

Other activities or conditions the control of which may be reasonably necessary to maintain order and protect lives or property during the state of emergency.

(c)

The mayor is authorized and empowered to limit the application of such restrictions to any area specifically designated and described within the jurisdiction of the city and to specific hours of the day or night; and to exempt from the restrictions police officers, firefighters, doctors, nurses and such other classes of persons as may be essential to the preservation of public order and immediately necessary to serve the safety, health and welfare needs of the people within the city.

(d)

The mayor shall proclaim the end of such state of emergency and restrictions as soon as circumstances warrant or when directed to do so by the city council.

(e)

The city council shall be notified within twenty-four (24) hours after a state of emergency has been proclaimed by the mayor.

(f)

During the existence of a proclaimed state of emergency it shall be unlawful for any person to violate the restrictions imposed by the mayor.

(Code 1959, § 14-50; Ord. No. 3-03, 2-18-03)

State Law reference— Ordinance dealing with state of emergency authorized, G.S. § 14-288.12.

(a)

Definitions. For the purpose of this section, the following terms shall have the meanings herein ascribed:

(1)

Molotov cocktail means 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 a flammable fluid or substance and which is fitted with a fuse or wick.

(2)

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

(b)

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

(c)

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.

(Code 1959, § 14-51)

State Law reference— Weapons of mass death or destruction, G.S. § 14-288.8.

It shall be unlawful for any person to shoot off, discharge or explode any firearm (with the exception of indoor shooting ranges) or any combustible within the corporate limits of the city, without proper authority to do so.

(Code 1959, § 14-39; Ord. No. 22-10, 8-2-10)

State Law reference— Municipal authority to regulate firearms, G.S. § 160A-189; fireworks, G.S. § 14-410 et seq.

It shall be unlawful for any person to use within the corporate limits of the city air rifles, air pistols, bows and arrows or slingshots, or to throw stones or other missiles calculated to injure another or injure property.

(Code 1959, § 14-40)

(a)

The creation and continuation of any loud, disturbing and unnecessary noise in the city is prohibited. It shall be unlawful for any person to cause, make or contribute to creating any loud or disturbing noise of such character, intensity or duration as to be detrimental to the life or health of any individual, or such noise as to disturb the quiet and peace of any citizen of the city.

(b)

The following acts, among others, are declared to be loud, disturbing, annoying and unnecessary noise in violation of this section, but this enumeration shall not be deemed to be exclusive:

(1)

Horns, signal devices. The sounding or blowing of any horn, signal device or music from any automobile, motorcycle, motor bus or other vehicle, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion only as a danger signal; the creation by means of any signal device of any loud or harsh noise, and the sounding of such device for any unnecessary or unreasonable period of time;

(2)

Radios, phonographs, etc. The playing of any radio, phonograph, amplifying device or any musical instrument in such a manner or with such volume as to annoy or disturb any person, or the playing of any such instrument in such a manner as to annoy or disturb the quiet, comfort or repose of any person in any dwelling, hotel or other residence;

(3)

Pets. The keeping of any animal or bird which by causing frequent or long-continued noise shall disturb the comfort or repose of any person in the vicinity;

(4)

Vehicle equipment. The use of any automobile, motorcycle or vehicle so out of repair, so loaded, or used or repaired or modified in such manner, as to create loud or unnecessary noises, particularly grating, grinding, rattling, riveting or other disturbing noises exceeding sixty (60) dBa measured at a distance fifty (50) feet or greater from the motor vehicle;

(5)

Whistles. 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;

(6)

Exhaust discharge. To discharge into the open air the exhaust from any steam engine, stationary internal combustion engine, motorboat engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;

(7)

Devices using compressed air. The use of any mechanical device operated by compressed air, unless the noise created thereby is effectively muffled and reduced;

(8)

Building operations. The erection (including excavation), demolition, alteration or repair to the exterior of any building in a residential or business district other than between the hours of 7:00 a.m. and 8:00 p.m., Monday through Sunday, except in cases of urgent necessity in the interest of public safety;

(9)

Noises near schools, hospitals, churches, etc. The creation of any excessive noise on any street adjacent to any school, institution of learning, library, sanitorium, hospital or court, while the same is in session, or adjacent to any church during church services, which interferes with work or worship in any such place or institution; provided, that signs must be displayed on such streets indicating that the same is a school, hospital, church, library, sanitorium or court;

(10)

Loading and unloading operations. The creation of loud and excessive noises in connection with loading or unloading any vehicle, or repairing any vehicle, or opening and destroying bales, boxes, crates and containers;

(11)

Bells, gongs. The sounding of any bell or gong attached to any building or premises which disturbs the quiet or repose of any person in the vicinity thereof;

(12)

Hawking, peddling, soliciting. Shouting, loud talking, crying or soliciting by peddlers, hawkers, taxi drivers, solicitors, vendors, etc. which disturbs the quiet and peace of the neighborhood or any person therein;

(13)

Attention-getting devices. The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention to any performance or event, show or sale or the display or advertisement of merchandise by the creation of noise;

(14)

Loudspeakers or amplifiers on vehicles. The use of any mechanical loudspeakers or amplifiers on trucks, airplanes or other vehicles for advertising or other purposes, except by special permission of the chief of police;

(15)

Business noises at night near residences. The operation of any garage, filling station, auto repair business, taxi business, plant, store, factory or other place of business, between the hours of 8:00 p.m. and 7:00 a.m., in such manner as to create loud and disturbing noises of such frequency or such volume as to annoy or disturb the quiet and comfort of any citizen, and particularly the creating of disturbing noises of such frequency and volume as to annoy or disturb the quiet, comfort, peace or repose of any person in any dwelling, hotel, boardinghouse or other type of residence.

(c)

Standards, instrumentation, personnel, measurement procedures, and recording procedures to be used in the measurement of sound as provided for in this section shall be as follows:

(1)

Sound level measurement shall be made with a sound level meter using the "A" weighting scale.

(2)

Sound level meters shall be at least type two (2) meeting American National Standard Institute Incorporated requirements.

(3)

Sound measurement will be done at the curtilage of the property which is the subject of the complaint or fifty (50) feet from the noise if not on private property.

(d)

Daytime hours for the noise ordinance will begin at 7:00 am until 9:00 pm. Nighttime hours will be at 9:00 pm until 7:00 am. Below are the permitted decibel levels permitted during daytime and nighttime hours. Any sound, music or noise which are above the decibel levels during the times listed are in violation of this section.

(e)

Exceptions to this section include:

(1)

Any siren, whistle or bell lawfully used by emergency vehicles or any other alarm systems used in an emergency situation; however, burglar alarms not terminating within thirty (30) minutes after the responsible person has been notified shall be unlawful.

(2)

Warning devices required by OSHA or other local, county, state or federal safety regulations.

(3)

Noise created by any aircraft flight operations which are specifically preempted by the Federal Aviation Administration.

(4)

Noise created by sporting events, wedding bells and publicly sponsored recreational activities such as permitted events and parades.

(5)

Equipment used for grass cutting services not limited to lawn mowers, weed eaters, blowers, etc. during daylight hours.

(6)

Any businesses which continuously operated and existed prior to the dated of this amended ordinance shall follow the ordinance in place at the passage of this amendment.

(7)

Any permitted event or activity approved by any government agency.

(f)

The city manager, chief of police or their designee(s) shall have primary responsibility for the enforcement of the noise regulations contained herein. Nothing in this article shall prevent the city manager or chief of police or their designee(s) from obtaining voluntary compliance by way of warning, notice or education.

If a person's conduct violates this section, the person must be ordered to cease and desist and have the opportunity to, move, disperse, or otherwise remedy the violation prior to arrest or a citation being issued.

(g)

Any person who violates any provision of this chapter shall be deemed guilty of a Class three misdemeanor punishable by imprisonment not to exceed thirty (30) days or by fine not to exceed fifty dollars ($50.00). Each day of a continuing violation shall constitute a separate violation under this subsection.

(Code 1959, §§ 14-41, 14-42; Ord. No. 41-18, 12-17-2018; Ord. No. 46-21, 12-6-2021)

State Law reference— Noise ordinances authorized, G.S. § 160A-184.

(a)

For the purposes of this section, "public place" means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation facility, or the doorways and entranceways to any building which fronts on any of those places, or a motor vehicle in or on any of those places, or any property owned by the City of Statesville.

(b)

For the purposes of this section, a "known unlawful drug user, possessor, or seller" is a person who has, within the knowledge of the arresting officer, been convicted in any court within this state of any violation involving the use, possession or sale of any of the substances referred to in the North Carolina Controlled Substances Act, Chapter 90, Article 5 of the North Carolina General Statutes, or has been convicted of any violation of any substantially similar laws of any political subdivision of this state or of any other state or of federal law.

(c)

It shall be unlawful for a person to remain or wander about in a public place in a manner and under circumstances manifesting the purpose to engage in a violation of any subdivision of the North Carolina Controlled Substances Act, North Carolina General Statutes, Chapter 90, Article 5. Such circumstances shall include:

(1)

Repeatedly beckoning to, stopping, or attempting to stop passers-by, or repeatedly attempting to engage passers-by in conversation; or

(2)

Repeatedly stopping or attempting to stop motor vehicles; or

(3)

Repeatedly interfering with the free passage of other persons; or

(4)

Such person is a known unlawful drug user, possessor, or seller; or

(5)

Such person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is engaged in an unlawful drug-related activity; or

(6)

Such person repeatedly passes to or receives from passers-by, whether on foot or in a vehicle, money or objects; or

(7)

Such person takes flight upon the approach or appearance of a police officer; or

(8)

Such person is at a location frequented by persons who use, possess, or sell drugs; or

(9)

Any vehicle involved is registered to a known unlawful drug user, possessor, or seller, or is known to be or have been involved in drug-related activities.

(d)

A violation of any provisions of this section shall subject the offender to the penalties of a fifty dollar ($50.00) fine, or thirty (30) days incarceration, or both.

(e)

If any subsection, paragraph, sentence, clause, phrase, or portion of this section 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 portions thereof.

(Ord. No. 47-89, 11-20-89)

It shall be prohibited for any person to have within the boundaries of any city sponsored, supported and/or approved event any bicycles, roller skates, skateboards, roller devices, mopeds and other transportation devices whether motor powered or self-propelled. Animals of all types, not restricted to dogs, cats, snakes, rodents, etc. are also prohibited within the boundaries of the events.

These restrictions do not apply to dogs associated with law enforcement operations or visually impaired persons, handicapped persons using motorized or nonmotorized wheelchairs, and baby strollers used to transport shall children. This section does not pertain to any of the aforementioned when such is a registered or sanctioned part or function of the event sponsors. A violation of any provisions of this section shall subject the offender to criminal penalties of a fifty dollar ($50.00) fine, or thirty (30) days incarceration, or both.

(Ord. No. 22-95, 6-5-95)

The purpose of this article is to establish regulations governing burglary, robbery and fire alarm systems and to reduce the number of false alarms in the city, and the resulting waste of Statesville police and fire department's resources.

(Ord. No. 46-94, 10-3-94)

(a)

Alarm system means any electronic or mechanical device which emits any signal (electronic, visible, audible, silent, recorded or otherwise) which is designed, intended, or used to detect an unauthorized entry into a building, structure, or premises, or to signal an attempted robbery or holdup, or to alert others of the commission of an unlawful act, or to detect presence of fire or smoke in or around a building, structure or premises.

(b)

Chief means the chief of police/fire of the Statesville police/fire department or their designee.

(c)

False alarms means the activation of an alarm system through mechanical or electronic failure, malfunction, improper installation, or the negligence of the subscriber, his/her or their employees, or agents. A false alarm shall not include an alarm which can reasonably be determined to have been activated by adverse weather conditions, a failure in the electrical power to the alarm or other condition beyond the control of the alarm user. An alarm is false within the meaning of this ordinance when, upon inspection by the Statesville police/fire department, evidence indicates that no unauthorized entry, robbery, or other such crime was committed or attempted in or on the premises which would have activated a property functioning alarm system. False fire alarms would be without evidence of fire, smoke or other emergencies that require the response of fire units or personnel.

(d)

Alarm user means any person, corporation, partnership, governmental or educational entity owning or leasing an alarm system which is maintained for the protection of such premises.

(Ord. No. 46-94, 10-3-94)

(a)

Second false alarms. If, within any sixty-day period, the Statesville police/fire departments respond to two (2) false alarms at the same premises or location, the chief of police/fire may send a letter to the alarm user informing him of the false alarms and encouraging the prevention of future false alarms. If a third or subsequent false alarm occurs within a sixty-day period a chargeable false alarm violation exists.

(b)

Third, and subsequent alarms. If, within any sixty-day period, the Statesville police/fire department is dispatched and arrives upon the premises or location of a third or subsequent false alarm, without having the call cancelled before arrival, the alarm user at this premises or location shall reimburse the city. The reimbursement for any such incident shall be fifty dollars ($50.00) for all such responses after the two (2) initial responses.

The alarm user will continue to be in violation for each subsequent false alarm activation until sixty (60) sequential days have elapsed without a false alarm. The alarm user is then entitled to begin a new sixty-day period for false alarms as spelled out in section 14-97(a).

(c)

Maintenance. Each alarm user in the city, on the effective date of this article, shall furnish and maintain to the Statesville police/fire departments or to an alarm answering service, a current list of the person(s) name(s), address(s) and telephone number(s) who may be able to deactivate the alarm system. After the effective date of this article, it shall be unlawful to actuate an alarm system without first notifying the Statesville police/fire department or an alarm answering service of the name(s) and telephone number(s) of person(s) authorized and able to deactivate the alarm system. Failure to comply with [this] subsection (c) above will result in a fifty dollar ($50.00) civil penalty for each alarm incident.

(d)

Audible alarms to discontinue emitting alarms after set time. On or after October 4, 1994, it shall be unlawful for any person to install or maintain any audible alarm which does not automatically discontinue emitting an audible sound within thirty (30) minutes after activation. Failure to comply with this subsection will result in a fifty dollar ($50.00) civil penalty.

(e)

Audible alarms to discontinue emitting alarm after set time. On or after October 4, 1994, it shall be unlawful for any person to install or maintain any audible alarm which does not automatically discontinue emitting an audible sound within thirty (30) minutes after activation. Failure to comply with this subsection will result in a twenty-five dollar ($25.00) civil penalty.

(f)

Continuing alarm. An alarm user or their representative shall reset an alarm system when notified by the Statesville police/fire department that such alarm has activated. When an alarm sounds continuously for a period of thirty (30) minutes from the time units respond to the alarm, due to the failure of the alarm user or their representative to reset the alarm, every subsequent thirty-minute period or portion thereof that such alarm continues to sound shall be considered a separate false alarm. The alarm user shall reimburse the city for police/fire services for false alarms under this subsection at a flat rate of ten dollars ($10.00) for each false alarm resulting from the continuous operation of an alarm, not to exceed one hundred dollars ($100.00) for any twenty-four-hour period.

(Ord. No. 46-94, 10-3-94; Ord. No. 41-96, 7-15-96; Ord. No. 24-02, 6-27-02)

The chief of police/fire shall have the power to waive any fee charged to an alarm user when such alarm user submits in writing to the chief of police/fire evidence that the false alarm was not the result of negligence, and that it occurred in spite of a prior test period of at least thirty (30) days for reasonable training and maintenance, or when such alarm user submits evidence to the chief of police/fire which indicates that an alarm to which any city unit responded was not a false alarm.

(Ord. No. 46-94, 10-3-94)

Punishment for violation of this article is a civil violation and subject to civil penalties as enumerated.

(Ord. No. 46-94, 10-3-94)

It shall be unlawful for any person to activate a burglary, robbery or fire alarm for the purpose of summoning police/fire when no burglary or robbery, or crime dangerous to life, is being committed or attempted on the premises, no evidence of fire or smoke or otherwise to cause a false alarm.

(Ord. No. 46-94, 10-3-94)

Violation of section 14-100 is an infraction (misdemeanor) and is punishable by a fine of up to fifty dollars ($50.00) and/or thirty (30) days in jail.

(Ord. No. 46-94, 10-3-94)