Statesville City Zoning Code

(a)

In accordance with the provisions of G.S. Ch. 160A, art. 18, there is created a recreation department within the city.

(b)

In addition to any other powers the city may possess, the city shall have the right to exercise all authority granted to it under G.S. § 160A-353.

(Code 1959, § 2-89)

Cross reference— Officers and employees, § 2-51 et seq.

The parks and recreation director shall be appointed by and responsible to the city manager for the administration of the recreation department.

(Code 1959, § 2-90)

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:

City recreation facility means a park, playground, athletic facility or any recreational area of any type whatsoever which is owned, leased or otherwise in the possession of the city.

Director means director of the parks and recreation department or authorized agents.

(Code 1959, § 2-91(a))

(a)

All employees of the parks and recreation department of the city shall enforce the rules and regulations of the department that define those activities within or upon a city recreation facility that are prohibited or mandated.

(b)

It shall be unlawful for any person to fail to leave a city recreation facility after having been asked to leave by an employee on account of a violation of the rules and regulations.

(c)

It shall be unlawful, during the hours that the city recreation facilities are closed to the public, for any person to trespass thereon.

(Code 1959, § 2-91(b))

(a)

It shall be unlawful for any person to drive, propel or otherwise operate or use any motor vehicle, bicycle, minibike, motorcycle or other transportation device, whether motor-powered, self-propelled or animal-drawn, in, over or through any city recreation facility, except along and upon roadways in or on city recreational facilities. Roller skates and skateboards shall be permitted without restriction, except that they shall not be used upon tennis courts, shuffleboard courts and shelter areas, or elsewhere where their operation is a hazard to life or property.

(b)

It shall be unlawful for any person to park or cause to be parked any transportation device upon any city recreation facility except upon parking areas designated by the director.

(c)

It shall be unlawful for any person to leave a vehicle parked and unattended upon the grounds of any city recreation facility during the hours that recreation facility is closed to the public. Any vehicle parked unattended on the grounds of a recreational facility during the hours the facility is closed will be subject to be towed away at the owner's expense. Any such vehicle towed may be reclaimed by its owner upon payment of towing fees.

(d)

This section shall not apply to baby carriages and vehicles in the service of the city.

(Code 1959, § 2-91(d); Ord. No. 32-87, 8-17-87)

It shall be unlawful for any person to place or erect any structure, sign, bulletin board, posthole, or advertising device of any kind whatsoever in any city recreation facility, or to attach any notice, bill, poster, sign, wire, rod or cord to any tree, shrub, fence, railing, post or structure within any city recreation facility. This section shall not apply to persons authorized to do the same by the director.

(Code 1959, § 2-91(e))

It shall be unlawful for any person, except law enforcement officers, and members of the armed services when acting in the discharge of their official duties, to possess or discharge, shoot, fire or explode or cause to be discharged, shot, fired or exploded any deadly weapon, air rifle or toy pistol, toy rifle or other toy arms so designed and capable of forcibly hurling a projectile or missile within any city recreation facility. This section shall not apply to archery equipment, slingshots and similar devices which are shot or discharged in those areas designated for such use within city recreation facilities or which are possessed for such use.

(1)

This section shall not apply to the lawful possession of a concealed handgun by North Carolina concealed carry handgun permit holders while on City of Statesville greenways and park properties.

(2)

This section shall properly recognize out of state permit holders that possess concealed handgun permits from reciprocal states as recognized by North Carolina law.

(3)

This concealed carry handgun permit exception shall not allow the carrying of concealed handguns at competitive athletic fields and events, recreation centers and swimming pools owned and operated by the City of Statesville.

(Code 1959, § 2-91(f); Ord. No. 10-13, 6-3-2013)

It shall be unlawful for any person, except a person authorized by the director, to climb upon the roof of any recreation building.

(Code 1959, § 2-91(g))

It shall be unlawful for the owner or the person in possession to permit any horses, dogs or other animals to run at large within any city recreation facility or to ride horses within the same except upon designated and marked bridle paths.

(Code 1959, § 2-91(h))

It shall be unlawful for any person to trap, catch, injure, tease, kill or treat cruelly any bird or animal, or cause the same to occur, or molest or rob any nest of any bird, or any lair, den, burrow or similar structure of any animal within any city recreation facility

(Code 1959, § 2-91(i))

It shall be unlawful to throw or otherwise place rocks, bottles, dirt, mud and any similar materials at or against any city recreation building or facility or any person within any city recreation facility.

(Code 1959, § 2-91(j))

It shall be unlawful for any person to possess, consume or display any alcoholic beverages within properties under the regulation of the parks and recreation department except by special permit granted by the city manager or his designee. It shall further be unlawful for any person to possess any substance included within the schedules of North Carolina Controlled Substances Act without a proper prescription therefore within or upon any facility or property regulated by the city recreation department.

(Code 1959, § 2-91(k) ; Ord. No. 53-07, § 1, 9-17-07)

It shall be unlawful for any person to place or cause to be placed any trash, ashes, soil, paper or leaves and other plant debris in or upon any city recreation facility except in containers provided for this purpose.

(Code 1959, § 2-91(l))

It shall be unlawful for any person to make or kindle a fire in or upon any city recreation facility except within a fireplace or grill provided for this purpose or to leave an authorized fire unattended by a competent person without having completely extinguished the same and the embers thereof.

(Code 1959, § 2-91(m))

It shall be unlawful for any person to make an excavation in any city recreation facility for any purpose without written permission from the director.

(Code 1959, § 2-91(n))

It shall be unlawful for any person to dig up, cut, bruise, debark, mutilate or otherwise injure any plant of any type whatsoever within any city recreation facility without written permission from the director. This section shall not apply to a person walking normally on grass or other similar plants or if an injury to a plant was incidental to an authorized recreational activity.

(Code 1959, § 2-91(o))

It shall be unlawful for any person in or on any city recreation facility to use water belonging to the city for any purpose other than drinking unless such person is authorized by the director to use city water for an otherwise impermissible purpose.

(Code 1959, § 2-91(q))

It shall be unlawful at any time for any person to swim in any lake which is the property of the city.

(Code 1959, §§ 2-91(p), 14-33)

It shall be unlawful for any person to loaf, or lounge, or loiter, near, on, or about the outside of the place or places of entrance, or around the sidewalks or streets adjacent thereto, of any and all of the recreational facilities of the city, within the corporate limits. The provisions of this section do not abridge, limit, or affect the rights of members of the public entitled to use recreational facilities of the city as participants, spectators, or otherwise, when they are not violating this article or state laws.

(Code 1959, § 14-17.1)

Fishing shall be prohibited as follows:

Colliers Lake on Sullivan Road.

(Ord. No. 66A-91, 9-16-91)

Feeding of water fowl shall be prohibited at the following locations.

That property owned by the City of Statesville on and adjacent to Collier's Lake on Sullivan Road.

(Ord. No. 30-03, 8-18-03)

(a)

Prohibition. No person registered with the State of North Carolina and/or any other state or federal agency as a registered sex offender, including, but not limited to the sex offender registry established pursuant to G.S. Ch. 14, Art. 27A, shall enter into or upon any public park, green-way trail, or recreation facility owned, operated or maintained by the city.

(b)

Penalties. Violation of this section shall be punishable by a fine of five hundred dollars ($500.00) and/or incarceration for up to thirty (30) days. Each entry into a public park, recreational facility, or greenway trail regardless of the time period between such entries, shall constitute a separate offense under this article.

(c)

Definitions. For purposes of this amendment, the following definitions shall apply:

Greenway trail. Any linear open space within a natural setting designated by the city parks and recreation department as a space for the purpose of recreational walking, hiking and bicycling.

Official meeting. A meeting that is required to be open to the public by the Open Meetings Law, G.S. Ch. 143, Art. 33C.

Public park. Any publicly owned, leased, operated or maintained property that is designated as a park by the city including any adjacent public parking area as well as the driveway, entrance way or pedestrian walkway used by the public to access the public park or recreation facility.

Recreation facility. Any publicly owned, leased, operated or maintained property that is designated as a recreation facility by the city including any adjacent public parking area as well as the driveway, entrance way or pedestrian walkway used by the public to access the recreation facility.

Registered sex offender. An individual who is registered by any state or federal agency as a sex offender and/or whose name is published or required to be published on any state or federal sex offender registry, including, but not limited to the North Carolina Sex Offender and Public Protection Registry established pursuant to G.S. Ch. 14, Art. 27A.

(d)

Signage required. The city manager or his/her designee shall be charged with posting this regulation at the entrances to each public park, recreation facility and greenway trail within thirty (30) days of the passage of this article.

(e)

Limited exceptions.

(1)

Official meetings. A registered sex offender who has the right to be present at an official meeting shall have the limited privilege of entering on and into a park or recreation facility for such time as is necessary to attend said meeting or function, but any form of loitering or lingering shall be a violation of this section.

The privilege shall only extend to those parts of the park and/or recreation facility that are commonplace for meetings of that kind and any registered sex offender found outside of those parts shall be punished as outlined in section 15-40.

(2)

Polling place. When such recreation facility is used as a polling place for an election, the registered sex offender may enter for the facility for the limited purpose of voting if he/she qualifies to do so at that polling place. The offender must then expeditiously leave park properties when such polling business is concluded.

(f)

Violation of section. Any offender in violation of this section that would also be in violation of G.S. § 14-208.18 (a, 1) or (a, 2) would be charged under the North Carolina Statutes, and not in addition to.

(Ord. No. 22-09, 6-15-09)