Statesville City Zoning Code

It shall be the duty of the director of public works and the street superintendent, or their authorized representative, to supervise all work upon the streets, sidewalks, alleys, public squares, and lots belonging to the city which are now or may be established. They shall report from time to time to the city council as directed on the condition of the streets, sidewalks, alleys, public squares and lots belonging to the city and, generally, keep the streets and sidewalks of the city free from obstructions and in a state of good repair.

(Code 1959, § 17-3)

(a)

The public works department shall cause all obstructions above, across or under the streets of the city which, upon investigation, may be considered dangerous or unsafe to the public using the streets, to be removed. If, upon investigation, such obstruction shall be found dangerous or unsafe for the public using the street, the public works department shall make an order directing the person maintaining such obstruction to remove the same within a reasonable time, not exceeding thirty (30) days. It shall be unlawful for any person to fail to comply with such order.

(b)

All unauthorized obstructions upon any street, public alley or highway in the city, where provision for removal is not otherwise prescribed, shall be removed by the chief of police or under his instructions and, if attended with any expense, such expense shall be defrayed by the person so obstructing any such street or public place.

(Code 1959, §§ 17-1, 17-2)

(a)

The chief of police, director of public works, superintendent of the street department, or their authorized representatives or agents, are authorized and empowered, when in their judgment the occasion requires it, to block off or cause to be blocked off any street or any portion of a street in order to prevent the operation of motor or other vehicles on the street or portion of the same so blocked off, for such a period of time as may be reasonably necessary.

(b)

When any street or portion thereof is blocked off as provided for in subsection (a), it shall be the duty of the city officer or agent blocking such street to place in the street at or near the approaches to the blocked off area an obstruction and an appropriate light, sign, or placard indicating that such street or portion thereof is blocked off, and that motor or other vehicles shall not pass along such street past such obstruction and sign.

(c)

When any street or portion of the same has been blocked off as provided for in subsection (a), it shall be unlawful for the driver of any motor or other vehicle to drive such vehicle along such street past such sign and obstruction and into or upon the blocked off area of such street.

(Code 1959, §§ 17-4—17-6)

No person shall plant any tree in any street or public place of the city without a permit first obtained from the director of public works. The director of public works shall have the authority to remove or cause the removal of any tree planted in violation of this section.

(Code 1959, § 17-7)

(a)

It shall be unlawful for any person to place or construct, or cause to be placed or constructed, any driveway across any street curb or sidewalk pavement, upon any area occupied by any street curb or sidewalk pavement, or from the roadway of any street to property abutting upon such street, without a written permit from the city engineer, for which a fee in the amount established by ordinance shall be paid.

(b)

The permit required in subsection (a) shall be for construction according to reasonable specifications of the city engineer incorporated in such permit, and such specifications shall be designed for the size and weight of vehicles proposed for passage upon such driveway. No such permit shall be issued except upon written application of the owner of the abutting property into which such driveway is to be constructed containing the agreements of such owner that he will not allow construction of such driveway otherwise than in conformity with specifications incorporated in the permit applied for; that he will maintain such driveway in good and safe condition; that if use of such driveway is abandoned, or substantially abandoned, for a continuous period of one (1) year, he will cause the curb and sidewalk area affected by construction of such driveway to be restored to a condition equal to the condition thereof prior to such construction; that he will reimburse the city any costs which it may incur in making good any of the aforesaid agreements which such owner may fail to make good; and that the city shall have a lien upon the abutting property for any such costs. Any permit issued under this section shall expire sixty (60) days after issuance thereof.

(Code 1959, §§ 17-11, 17-12)

No person, in building upon any of the streets in the city, shall occupy more than two (2) feet of the sidewalk for grating and lights without special permission from the city engineer. All grates shall be on a level with the sidewalk and shall be kept in good repair by the owners of the buildings. If any owner shall fail to comply with the requirements of this section as to grates after five (5) days' notice to do so, it shall be the duty of the city engineer to have such grate removed and the excavation filled with earth.

(Code 1959, § 17-13)

All persons who own property adjoining streets and whose lots are below the streets, so as to make a dangerous offset, shall be required to securely enclose the same, so as to prevent danger to persons passing along the street.

(Code 1959, § 17-16)

It shall be unlawful for any person to construct or maintain on any premises along any streets or alleys of the city any barbed wire or barbed wire fence. Each day any such fence or barbed wire shall be suffered to remain in or along the line of any such street or alley shall constitute a separate offense.

(Code 1959, § 17-17)

(a)

The tenant or occupant, or if there is no tenant, the owner, agent or custodian of every residence, business establishment, church, building or lot of land bordering on any street in the city, either in front or on the side thereof, where there is a sidewalk abutting, is charged with the responsibility of keeping such sidewalk or lot in front of his residence, business establishment or other building clean at all times.

(b)

Every person doing business on any day on the principal streets of the city shall sprinkle and sweep the sidewalks in front of his place of business each morning and afternoon during the week, and shall collect the sweepings in a suitable receptacle and shall place such receptacle on the corner of his property. It is expressly forbidden to place garbage cans or receptacles containing sweepings, trash, refuse or matter of any kind on the curb. It shall be the further duty of every person doing business on Saturday on the principal streets of the city to, immediately before the closing hour, thoroughly sweep and clean the sidewalk in front of his place of business, depositing the sweepings in the receptacles and to remove such receptacles into his place of business until Monday at which time it shall be disposed of as other garbage.

(Code 1959, § 17-21)

The tenant or occupant, or if there is no tenant, the owner, agent or custodian of every residence, business establishment, church, building or lot of land bordering on any street in the city, either in front or on the side thereof, where there is a sidewalk abutting, shall, within twenty-four (24) hours after any fall of snow has ceased to fall, remove or cause such snow to be removed from the sidewalks of their respective premises.

(Code 1959, § 17-22)

All gates shall be so constructed as not to open on or upon any sidewalk or street.

(Code 1959, § 17-23)

It shall be unlawful for any person to trespass or walk, until guards and forms have been removed, on any sidewalk where pavement has been recently laid or put down.

(Code 1959, § 17-25)

It shall be unlawful for any person to push or pull any handcart, buggy or wagon on the sidewalks so as to obstruct the free passage of such walks.

(Code 1959, § 17-26)

(a)

It shall be unlawful for any person, group, or organization to erect, attempt to erect, or cause to be erected, or to maintain any sign, post, or standard, or any other equipment whatsoever for the display of any sign for any purpose in the space provided for street right-of-way, public sidewalks, public parking, or between any sidewalk and street curb or any street within the city, except as provided for in (d) of this section.

(b)

It shall be unlawful for any person, group, or organization to erect, attempt to erect, cause to be erected, or maintain any structure, object, device or other items within the area provided for street right-of-way, public sidewalk, public parking, or between the space of ground between any sidewalk and street curb on any street within the city, except as provided for in (d) of this section.

(c)

The director of public works, or his representative, may allow the placement of utility poles and equipment and U.S. postal equipment within the right-of-way; however, other items so placed shall be removed as directed by the director or his representative. It shall be the responsibility of the abutting property owner to remove same.

(d)

The city council designates city staff to review and approve outdoor food and/or beverage service and sandwich board signs, sidewalk displays and aesthetic furnishings per compliance with the following standards.

(1)

Use of encroachment, outdoor food and/or beverage service. An approved encroachment shall be used for outdoor food and/or beverage service. If the encroachment is surrounded by a barrier/enclosure; tables and chairs may remain within the enclosure area. If the encroachment area is not surrounded by a barrier/enclosure, tables and chairs may only be displayed between the hours of 7:00 a.m. and 11:00 p.m., EST. The sale and consumption of beer, wine, liquor, and other fortified beverages shall be permitted within the encroachment area between the hours of 7:00 a.m. and 11:00 p.m., EST, provided that such beverages are sold in an establishment which meets the requirements of the state alcohol beverage control commission to allow the sale of alcoholic beverages, and upon the further condition that:

a.

All regulations of the alcoholic beverage control commission are complied with; and

b.

The business must furnish satisfactory proof of liquor liability insurance.

(2)

Use of encroachment, sandwich board signs. Sandwich board signs are regulated by the Unified Development Code Section 6.07, R.13.

(3)

Use of encroachment, displayed merchandise and trade displays. Display of merchandise and trade displays are limited to hours of operation of the associated business. All material related with the display of merchandise and trade display shall be removed and taken indoors upon the close of business each business day.

(4)

Use of encroachment, aesthetic furnishings. Furnishings may be placed on the sidewalk in front of a downtown facade. Each owner and/or tenant is responsible for the upkeep of those furnishings. Furnishings do not have to be removed each day at business closing.

(5)

Application process. An application containing all requirements of this section shall be made to the planning director, or his designee. All encroachment approvals will expire one (1) year after issuance and must be reapplied for on an annual basis to remain valid.

The permit holder shall execute a statement on the permit application wherein the applicant holds harmless and indemnifies the city from any claims or causes of action arising out of or related to the permitted activity, including, but not limited to, compliance with the Americans with Disabilities Act, the state building code and all other health and safety laws and regulations. If the property is sold or, where applicable, if the lease is terminated after execution of the encroachment agreement, the encroachment agreement shall be null and void and a new encroachment agreement with the new property owner and where applicable with the lessee, shall be required prior to the encroachment being permitted to continue. The permit shall provide that the outdoor food and/or beverage service shall not impede, endanger, or interfere with pedestrian or vehicular traffic.

(6)

Removal of encroachment. All material and items within the encroachment area shall be of a temporary nature in that they can be removed within forty-eight (48) hours' notice given by the public works director or his designee. Should the city, county, state or any utility service require that items within the encroachment area be temporarily removed for repair or construction purposes, the business owner cannot claim damages due to lost business. Upon removal of all materials in the encroachment area, the sidewalk shall be restored to its original condition (prior to the encroachment) at the applicant or property owner's expense. The city, its officers, agents and employees shall not be held responsible for any damages or loss of signs, displays or furnishings relocated during emergency situations and shall not be responsible for any costs associated with the removal or the return and installation of any those said items. The city reserves the right to revoke the approval of any encroachment if any conditions of approval are not met and to temporarily suspend permits if necessary during times of special events in the tax district.

(7)

Insurance. Submitted with the application for an encroachment, the business shall agree to indemnify and hold harmless the city from any damages or claims and shall provide evidence of a general liability insurance policy, said policy naming the city as an additional insured, with minimum liability coverage of five hundred thousand dollars ($500,000.00) per occurrence. The policy shall be filed with the risk manager and the policy shall remain in effect continuously.

(8)

Design standards. All material and items within the encroachment area shall meet the design standards applicable to outdoor dining and beverage service as adopted by the city council.

(e)

Failure to comply shall subject the offender to the civil penalty provisions of section 1-7(b). Nothing in this section shall prohibit uses allowed in section 21-15.

(Code 1959, § 14-3; Ord. No. 27-87, 7-6-87; Ord. No. 1-91, 1-7-91; Ord. No. 60-93, 10-18-93; Ord. No. 14-94, 4-18-94; Ord. No. 37-94, 9-19-94; Ord. No. 44-01, 9-17-01; Ord. No. 52-02, 10-7-02; Ord. No. 25-11, 10-3-11; Ord. No. 04-15, 3-12-2015; Ord. No. 25-15, 10-19-2015)

(a)

The sale of merchandise and the operation of concession stands on public plazas, streets, parks or sidewalks may be authorized by permit issued by the city manager in accordance with this section.

(b)

Permits for such sales shall only be issued to nonprofit organizations, defined as those which have been designated as exempt organizations under section 501 of the Internal Revenue Code. Permits shall only be issued in connection with activities such as parades or festivals sponsored by the nonprofit organization; in no event will permits be issued when the only or primary activity sponsored is the operation of a concession or sales location. A valid permit issued pursuant to this section shall remain valid during a special event, in accordance with the provisions of the permit.

(c)

No sales shall take place unless required privilege licenses have been acquired. Privilege licenses for sales permitted under this section shall be issued only to the nonprofit organization to whom the permit referred to in subsection (b) is issued (hereinafter referred to as "sponsoring nonprofit organization"). Notwithstanding the provisions of other ordinances, the sponsoring nonprofit organization shall pay all applicable privilege license taxes for the activities authorized by the permit issued under this section.

(d)

The sponsoring nonprofit organization purchasing the privilege licenses shall have the right to permit operation of concessions and to permit sales by itinerant salesmen and other peddlers in accordance with the provisions of this section. The sponsoring nonprofit organization shall provide operators of concession stands and itinerant salesmen and peddlers with identifying devices indicating that such concession or peddler is operating with the permission of the sponsoring nonprofit organization. Except for persons holding street vendor permits, it shall be unlawful for any person to sell or offer for sale any goods or wares of any kind within the geographical area defined under the provisions of subsection (f) and during the time prescribed under the provisions of subsection (g) without having acquired a permit to do so from the sponsoring nonprofit organization.

(e)

Each concession location and each itinerant salesman or peddler permitted to sell by the sponsoring nonprofit organization shall be issued a separate permit by the sponsoring nonprofit organization. The number of separate permits so issued shall not exceed the number of privilege licenses purchased by the sponsoring nonprofit organization in accordance with the provisions of subsection (c).

(f)

The city manager is authorized to designate the number of concessions, sales locations and itinerant salesmen and peddlers permitted, the geographical area of the city within which such sales are permitted and the specific location of concession stands and other sales locations on public property within the designated geographical area.

(g)

The city manager shall designate the period of time for which permits shall be valid.

(h)

The city manager is authorized to require in accordance with the issuance of such permit evidence of adequate insurance or other form of security for the protection of the general public in connection with the activities of the sponsoring nonprofit organization.

(Code 1957, § 17-27)

(a)

It shall be unlawful for any person to operate or participate in the operation of any animal shows, sideshows, exhibitions and artificial curiosities housed and carried in trucks, vans, trailers and vehicles situated on any street or sidewalk within the city limits and it shall be unlawful for the driver of any such vehicle to park such on any street or sidewalk for the purpose of exhibiting any of the aforementioned things.

(b)

X-ray units, recruiting vans sponsored by the federal or state governments or any other public service exhibits or services sponsored by the government of the United States of America, the state, the county or the city shall be exempt from the operation of this section provided that the operator of any such public service vehicle shall first ascertain from the chief of police or his authorized representative what place would be most convenient as a site therefor and obtain from him a written permit allowing same before actually commencing with such public service exhibits or undertakings.

(Code 1959, §§ 14-10, 14-11)

It shall be unlawful for any person or persons, singly or in assemblage, on any public street, sidewalk, passageway, or any other public place or in any public buildings in the city to obstruct the free and uninterrupted passage of, or normal business routine of, persons using the same, except as otherwise permitted by this Code; it shall be unlawful for any person in such assemblage to refuse to disperse at the request of any police officer.

(Code 1959, § 17-28)

No person shall play marbles, baseball, pitch quoits or play any other game on the sidewalks, streets or public squares of the city.

(Code 1959, § 17-29)

(a)

It shall be unlawful to spill, pour, place, deposit or allow to drip, fall or run upon the pavement or sidewalk of any street, alley or other public place any brine, chemical, oil, grease, liquid or substance which tends to disintegrate the pavement or make it slippery or otherwise dangerous for pedestrians, horses or vehicles.

(b)

It shall be unlawful for any person to throw, cast, place or deposit on any sidewalk or crossing in any street or public place of the city any portion or part of any fruit, vegetable or other substance which, when stepped upon by any person, is liable to cause such person to slip or fall.

(c)

No person shall throw or deposit upon any highway or street, within the city any glass bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person, animal or vehicle.

(d)

Any person who drops, or permits to be dropped or thrown, upon any highway any destructive or injurious material shall immediately remove the same, or cause it to be removed.

(e)

Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.

(f)

It shall be unlawful to throw, spill, place or deposit in or upon any street, highway, alley, sidewalk, park or other public place any dirt, filth, shells, garbage, vegetables, dead carcasses, sewage, slops, excrement, compost, stable manure, ashes, soot, tin cans, rags, waste paper, leaves, brush, weeds, grass, hay, excelsior, shavings, barrels, crates, boxes, litter, or loose combustible material, materials subject to be carried by the wind, or unwholesome, noisome or putrescible matter of any kind.

(Code 1959, §§ 17-30—17-32)

It shall be unlawful for every owner or occupant of any lot fronting upon any street in the city to fail to keep the sidewalk in front of such lot and between the property line and the curbline clean and clear of all weeds and other vegetation, to fail to keep any grass thereon cut and to fail to keep street drains and street gutters open and free from obstruction. Such owner or occupant shall remedy such conditions within forty-eight (48) hours after notice from the city.

(Code 1959, § 17-33)

(a)

It shall be unlawful for any person to obstruct, or cause to be obstructed, the free flow of water in, over, along, upon or through any gutter or drainageway or ditch in any street or other public way in the city by depositing trash, refuse or other matter therein.

(b)

It shall also be unlawful for any person to sweep the trash, dirt or other matter accumulating on sidewalks into any gutter or drainageway.

(Code 1959, § 17-34)

It shall be unlawful for any person to haul coal, dirt, sand, gravel, crushed stone, litter or waste matter of any kind, whether included in this enumeration or not, or shavings or other material that is subject to be blown from the vehicle transporting same, along and over any paved, graveled, macadamized or other improved streets in the city, except in wagons or other vehicles having bodies or receptacles for holding such material, and so constructed and arranged as to prevent such material from wasting or dropping upon the street.

(Code 1959, § 17-35)

It shall be unlawful for any person to injure or move any of the stakes set as guides for locating or grading any lots, sidewalks, drains, etc., or fail to conform to stakes by locating or grading in any way differing therefrom.

(Code 1959, § 17-38)

Every railroad company whose track shall cross any street or sidewalk in the city shall keep the crossing for at least ten (10) feet on each side of the center of such tracks in good repair and condition.

(Code 1959, § 17-39)

Editor's note— See editor's note at Ch. 21, Art. VI.

(a)

It shall be unlawful for any person to dig any hole, ditch, trench or excavation of any kind, or make any embankment in or on any street in the city without first securing a permit therefor in writing from the director of public works. Each and every day such an opening, excavation or embankment shall be permitted to remain after a notification from the city engineer to remove or to properly repair such street shall be a separate offense.

(b)

No permit shall be issued by the city engineer to cut or excavate in or through any street or sidewalk of the city unless a satisfactory bond, if required, has been filed or a cash deposit is made to cover the cost of replacing such street or sidewalk in as good condition in all respects as before excavating. Such estimated cost shall be furnished by the city engineer, the amount to be based on the extent of the proposed opening, cut or excavation, character of paving, etc., estimated per square yard.

(Code 1959, §§ 17-40, 17-41)

All excavations and work in the streets, sidewalks, alleys or public places of the city shall be under the supervision and control of the director of public works, whose duty it shall be to inspect the same from time to time during the progress thereof. Upon the completion thereof, he shall make a final inspection and shall see to it that the street, sidewalk or public place is restored to a condition as good in all respects as before the excavation or work was made or done, and that all debris, material, tools and equipment are removed therefrom. Where such failure or refusal is continued after notice from the director of public works, every day's continuance shall constitute a separate and distinct offense.

(Code 1959, § 17-42)

It shall be unlawful for any person to make any excavation or do any work which may create or cause a dangerous condition in, on or near any street, alley, sidewalk or public place of the city, without placing proper guardrails and signal lights, or other warnings, at, in or around the same, sufficient to warn the public of such excavation or work, and to protect all persons using reasonable care from injuries on account of same.

(Code 1959, § 17-43)

When any part of any street or other public place in the city shall be torn, dug up or taken up, the person doing such work shall immediately upon the completion of the work, and as fast as practicable during the accomplishment thereof, return the earth, ram and water tamp or puddle the same to firm and solid bearing, and in such manner as will entirely prevent settling of the earth. Such work shall be done to the satisfaction of the city engineer. It shall be unlawful for any person to neglect, refuse or fail to comply with any provision of this section after notice from the city engineer. Every day's continuance shall constitute a separate and distinct offense.

(Code 1959, § 17-44)

Paving torn up, disturbed or removed in any street or place where openings have been made shall be rebuilt, at the expense of the person making or causing such excavation, in a skillful and permanent manner, and the surface of such street or place shall be left in as good a condition as before the opening was made. All work so done shall be done and performed under the direction of the director of public works. Persons making or causing excavations on streets or other public places, when ordered by the director of public works to repave or place any such street in as good a condition as found, shall proceed, with all reasonable dispatch, to properly complete such work. It shall be unlawful for any person to refuse, fail or neglect to comply with this section. Where such failure, refusal or neglect is continuous, every day's continuance shall constitute a separate offense.

(Code 1959, § 17-45)

It shall be unlawful for any person to make or cause to be made any excavations on any lot contiguous to any street or sidewalk so negligently that the same, by caving or otherwise, may in any manner endanger or injure such street or sidewalk or the persons using the same.

(Code 1959, § 17-46)

The paving or repaving of the streets and sidewalks of the city, and the assessment therefor, shall be done and made in accordance with either the provisions of the charter relating thereto, or the provisions of G. S. ch. 160A, art. 10 [G. S. § 160A-216 et seq.]

(Code 1959, § 17-47)

Property owners will not be assessed or required to pay for street improvements in excess of the cost of improving a thirty-three-foot residential street, such cost to include all grading, storm drainage, preparing the subgrade, installation of curb and gutter and all paving necessary for a complete job; provided, however, the city will pay the cost of paving all intersections.

(Code 1959, § 17-48)

(a)

The council shall not accept or consider a request or petition, or enter into any contract for the paving of any street which does not meet the minimum street paving width requirements according to the widths prescribed for street classification as outlined in section 21-39.

(b)

Where insufficient right-of-way exists to construct streets in accordance with the above requirements the paving width of the street in question must be approved by the city council.

(Code 1959, § 17-49; Ord. No. 41-06, 11-6-06)

The planning and zoning board shall not give preliminary approval to any street or part thereof unless such street or part thereof conforms to the general street plan of the city as to location and width, and minimum grade requirements.

(Code 1959, § 17-50)

No street or part of a street shall be considered for acceptance by the city council as a public street unless and until a plat of such street is submitted to the planning and zoning board for preliminary approval. The plat submitted for approval shall be on a scale not more than one hundred (100) feet to one (1) inch and shall show the accurate location of street boundary lines, ownership of adjacent and intersecting streets, and such other information as the planning and zoning board or councilmen may require. Such plat shall be required for existing streets, street extensions, new streets or parts thereof.

(Code 1959, § 17-51)

Separate plats shall not be required for streets which are incorporated in a proposed subdivision, the plat of which is required to be approved by the planning and zoning board and the council.

(Code 1959, § 17-52)

When preliminary plans have been approved by the planning and zoning board and council, the property owner or subdivider may at his own expense proceed to open such approved street in accordance with the approved plan. The city shall not incur any obligation to bear any expense, furnish any material or labor unless the council agrees at the time of approving such street to furnish material and labor.

(Code 1959, § 17-53)

The council shall not accept as a public street any street extension, new street or part thereof unless the provisions of this article are complied with and unless such street, or part thereof is improved as follows:

(1)

All streets shall be cleared and grubbed for the overall width and length of their right-of-way, and shall be graded by the subdivider to their full right-of-way width, according to the cross sections and profiles as approved by the city engineer. Slopes in cut or fill sections shall generally be constructed on a ratio of three (3) horizontal to one (1) vertical, but in any section which has been approved, the toe of the cut slope and the top of the fill slope shall be on the right-of-way line, in order that the slopes shall be made on private property. However, in case of extreme or excessive cuts or fills, the city engineer may approve cross sections and profiles of the right-of-way so as to allow the toe of the cut slope and the top of the fill slope to be within the right-of-way; provided further, that the toe of the cut slope and the top of the fill slope shall not be less than twenty-one (21) feet from the centerline of the street.

Subject to the approval of the city engineer, and as provided in the preceding section, the subdivider shall be reimbursed by the city for the cost of grading the entire right-of-way in excess of fifty (50) feet in width, either on a unit-price basis for excavation or on a lump-sum basis, at the following rate:

Similar proportions shall be applied to right-of-way widths other than the ones listed above.

(2)

All streets shall be graded to a profile approved by the city engineer, stonebase and asphalt thickness shall be in accordance with City of Statesville Street Construction Specifications and Details.

(3)

Install all necessary storm drainage. The size, type and manner of installation to be determined by the city engineer.

(4)

At points of junction of proposed streets with existing streets the improvements of the existing streets shall be extended into the proposed streets to a point in line with the right-of-way of the existing street.

(5)

All improvements are to be made in accordance with city specifications and under the supervision of the city engineer.

(Code 1959, § 17-54; Ord. No. 51-90, 11-5-90; Ord. No. 41-06, 11-6-06)

The city will not accept any street for maintenance, covered under the provisions of this article, until same shall have been accepted by the council and the acceptance recorded in the minutes of the meeting at which the street was accepted.

(Code 1959, § 17-55)

The city shall not perform any work, use any labor or material or authorize any expenditure on any street or part thereof opened to the public after the effective date of this article unless all provisions of this article are complied with.

(Code 1959, § 17-56)

No water, sewer or other utility, including garbage pickup, fire and police protection shall be extended to any property abutting any street or part thereof unless all provisions of this article are complied with.

(Code 1959, § 17-57)

The city may, at its discretion or upon its own initiative, open and improve such streets as it shall deem advisable to be to the best interest of the general public.

(Code 1959, § 17-58)

Editor's note— Ord. No. 19-23, adopted May 1, 2023, repealed § 21-83, which pertained to sidewalks, curb and gutter and derived from Ord. No. 5-05, adopted March 21, 2005; and Ord. No. 19-14, adopted Oct. 20, 2014.

Editor's note— Ord. No. 19-23, adopted May 1, 2023, repealed § 21-83.1, which pertained to sidewalks and roadway improvement plan; fee in lieu of sidewalks, curbs and gutters and derived from Ord. No. 37-08, adopted Sept. 16, 2008.

Editor's note— Ord. No. 19-23, adopted May 1, 2023, repealed § 21-84, which pertained to sidewalks crossing existing driveways and derived from Ord. No. 5-05, adopted March 21, 2005.

Editor's note— Ord. No. 19-23, adopted May 1, 2023, repealed § 21-85, which pertained to handicapped ramps, drive entrances required and derived from Ord. No. 5-05, adopted March 21, 2005.

Editor's note— Ord. No. 19-23, adopted May 1, 2023, repealed § 21-86, which pertained to additional pavement at right-of-way required and derived from Ord. No. 5-05, adopted March 21, 2005.

As used in this article the term "parade" shall mean any parade, march or procession, calvacade or caravan.

(Code 1959, § 13-80)

This article shall not apply to:

(1)

Funeral processions;

(2)

Students going to and from school classes or participating in educational activities, providing such conduct is under the immediate direction and supervision of the proper school authorities;

(3)

A governmental agency acting within the scope of its functions.

(Code 1959, § 13-80)

Cross reference— Definitions and rules of construction generally, § 1-2.

No person shall engage in, participate in, aid, form or start any parade or public demonstration, without a parade permit issued by the chief of police.

(Code 1959, § 13-80)

(a)

A person desiring a parade permit shall file an application with the chief of police on forms provided by such officer. The application shall be filed not less than seven (7) days nor more than ten (10) days before the date on which it is proposed to conduct the parade.

(b)

The application for a parade permit shall set forth the following information:

(1)

The name, address and telephone number of the person seeking to conduct the parade; or public demonstration;

(2)

If the parade or public demonstration is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized and responsible heads of such organization;

(3)

The name, address, and telephone number of the person who will be the parade or public demonstration chairman and who will be responsible for its conduct;

(4)

The date when the parade or public demonstration is to be conducted;

(5)

The route to be traveled, the starting point and the termination point;

(6)

The approximate number of persons who, and animals and vehicles which, will constitute the parade or public demonstration; the type of animals and description of the vehicles;

(7)

The hours when the parade or public demonstration will start and terminate;

(8)

A statement as to whether the parade or public demonstration will occupy all or only a portion of the width of the streets proposed to be traversed;

(9)

The location by streets of any assembly areas for the parade or public demonstration;

(10)

The time at which units of the parade will begin to assemble at any such assembly area or areas;

(11)

The interval of space to be maintained between units of the parade or public demonstration;

(12)

If the parade or public demonstration is designed to by held by, and on behalf of or for, any person other than the applicant, the applicant for such permit shall file with the chief of police a communication in writing from the person proposing to hold the parade or public demonstration, authorizing the applicant to apply for the permit on his behalf;

(13)

Any additional information which the chief of police shall find reasonably necessary to a fair determination as to whether a permit should issue.

(c)

The chief of police, where good cause is shown therefor, shall have the authority to consider any application hereunder which is filed less than seven (7) days before the date such parade is proposed to be conducted.

(Code 1969, § 13-80)

The chief of police shall issue a parade permit when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that:

(1)

The conduct of the parade or public demonstration will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route;

(2)

The conduct of the parade or public demonstration will not require the diversion of so great a number of police officers of the city; to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to this city;

(3)

The conduct of such parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of this city other than that to be occupied by the proposed line of march and areas contiguous thereto;

(4)

The concentration of persons, animals and vehicles at assembly points of the parade or public demonstration will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas;

(5)

The conduct of the parade or public demonstration will not interfere with the movement of firefighting equipment en route to a fire;

(6)

The conduct of the parade or public demonstration is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance;

(7)

The parade or public demonstration is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route;

(8)

The parade or public demonstration is not to be held for the sole purpose of advertising any product, cause, goods or events and is not designed to be held purely for private profit.

(Code 1959, § 13-80)

If the chief or police disapproves the application for a parade permit, he shall mail to the applicant within three (3) days after the date upon which the application was filed, a notice of his action.

(Code 1959, § 13-80)

The chief of police, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within five (5) days after notice of the action of the chief of police, file a written notice of acceptance with the chief of police. An alternate parade permit shall conform to the requirements of, and shall have the effect of a parade permit under this article.

(Code 1959, § 13-80)

Each parade permit shall state the following information:

(1)

Starting time;

(2)

Minimum speed;

(3)

Maximum speed;

(4)

Maximum interval of space to be maintained between the units of the parade or public demonstration;

(5)

The portions of the streets to be traversed that may be occupied by the parade or public demonstration;

(6)

The maximum length of the parade or public demonstration in miles or fractions thereof;

(7)

Such other information as the chief of police shall find necessary to the enforcement of this article.

(Code 1959, § 13-80)

The parade or public demonstration chairman or other person heading or leading such activity shall carry the parade permit upon his person during the conduct of the parade or public demonstration.

(Code 1959, § 13-80)

The chief of police shall have the authority, after a hearing affording due process, to revoke a parade permit issued hereunder upon application of the standards for issuance as set forth in this article.

(Code 1959, § 13-80)

A person holding a parade permit shall comply with all permit directions and conditions and with all applicable laws and ordinances.

(Code 1959, § 13-80)

If permission is granted as required in this article to any person to conduct any parade, procession, cavalcade, caravan and other public demonstrations, the chief of police, through his department, shall provide proper escort for all lawful purposes within the city limits. The route shall be determined by the chief of police or his duly authorized agent before such parade, procession, cavalcade, caravan or public demonstration shall proceed upon any of the streets and alleyways of the city.

(Code 1959, § 13-81)

No person who shall or may hereafter receive written permission as required in this article to conduct any parade, procession, cavalcade, caravan or any other public demonstration within the city limits shall disturb the peace of the citizens by the loud blowing of horns or making any other unusual, loud or obnoxious noise to the detriment of the peace and quiet of the citizens residing within the city limits.

(Code 1959, § 13-82)

The police department may make note of the registration plates of all automobiles which shall or may be engaged in and upon such parade, procession, cavalcade, caravan or public demonstration, and the registration record of the ownership of any automobile engaged in or upon any such parade, procession, cavalcade, caravan or public demonstration shall be prima facie evidence that the registered owner of such automobile consented to and was a party to participation in such parade, procession, cavalcade, caravan, or public demonstration and shall be subject to the penalties hereinafter prescribed as a participant therein.

(Code 1959, § 13-83)

Any person who shall or may hereafter engage in a parade, procession, cavalcade, caravan or public demonstration as a party thereto shall not wear a mask or hood of any kind which would prevent recognition of his identity by any member of the police department. This section shall not apply nor is it designed to apply to the wearing of masks or costumes by any person sixteen (16) years old or younger who is engaged upon celebration of Halloween upon the streets and alleys of the city, nor shall this section apply to funeral processions in any event. For the purpose of this article, a cavalcade or caravan of motor vehicle traffic upon a common enterprise shall mean more than three (3) automobiles or motor vehicles.

(Code 1959, § 13-84)

(a)

Recognizing that special events enhance the quality of life for residents and visitors alike, it is the purpose of the city council to establish a structured process for permitting the use of public facilities not otherwise covered in the city code, including, but not limited to, adequate time for receiving and acting upon the application for the staging of outdoor special events conducted by the private sector to use city streets, facilities or services, or to conduct events that occupy, impact or consume public resources as a result of the congregation of people.

(Ord. No. 53-07, § 3, 9-17-07)

As used in this article:

Building means any temporary or permanent structure as defined by the Statesville Zoning Ordinance or any structure built for support, shelter, or enclosure of persons, animals, chattels, or property of any kind.

Commercial special event means any special event organized and conducted by any person or entity that does not qualify as a tax-exempt nonprofit organization.

Demonstration means any formation, procession or assembly of persons which, for the purpose of expressive activity, is:

(1)

To assemble or travel in unison on any street in a manner that does not comply with normal or usual traffic regulations or controls.

Event organizer means any person who conducts, manages, promotes, organizes, aids or solicits attendance at a commercial or noncommercial special event.

Expressive activity includes conduct, the sole or principal object of which is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinion, views or ideas and for which no fee or donation is charged or required as a condition of participation in or attendance at such activity. It includes public oratory and distribution of literature, and picketing.

Facility use permit means a permit issued under the authority of the city manager for temporary or reserved use or occupation of a public facility or an area of public land, for a defined period of time and said use does not adversely impact city resources, due to the anticipated congregation of people in such numbers or in such location as identified.

Festival means a thematic, organized, site-specific celebration, performance, exhibition or competition occurring upon public or private property, or a combination of private and public property, during which commerce occurs, for a defined period of time, advertised and promoted outside the City of Statesville, that will have an impact on city resources, due to the anticipated congregation of people in such numbers or in such location as identified.

Goods means wares, personal property, merchandise or any other similar item or object than is generally sold.

Gross revenues means the sum of all revenues received by an event organizer for a special event, including, but not limited to, cash receipts, licensing, sponsorship, television, advertising and similar revenues, and concessions.

Noncommercial special event means any special event organized and conducted by a person or entity that qualifies as a tax-exempt nonprofit organization.

Parade means any march, race, presentation, ceremony, pageant or procession of any persons and conveyances of any sort moving upon any public street or sidewalk of the city, which does not comply with normal traffic regulations.

Sidewalk means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel.

Signage means any sign, pennant, flag, banner, inflatable display, or other attention-seeking device.

Special event can mean:

(1)

Any organized assemblage, not meeting the criteria for a facilities use permit, of persons at any private or public property or public park which is to gather for a common purpose under the direction and control of a person; or

(2)

Any other organized activity conducted by a person or group for a common or collective use, purpose or benefit which involves the use of, or has an impact on, other public property or facilities and the provision of city public safety services in response thereto.

Examples of special events include, but not limited to, filming, concerts, parades, circuses, fairs, festivals, block parties, community events, mass participation, sporting competition such as marathons and running events, bicycle races or tours, or spectator sports such as football, basketball and baseball games, or golf tournaments.

Special event permit means a permit issued under this article.

Special event venue means that defined area identified on a submitted site plan approved by special events coordinator for which a special event permit has been issued.

Street means a public right-of-way, or way or place of whatever nature, publicly dedicated and/or maintained and open to use of the public for purposes of vehicular or pedestrian travel.

Street includes highways, alleyways, sidewalks and any other public area that accommodates vehicular or pedestrian traffic.

Tax-exempt nonprofit organization means an organization that is exempted from payment of income taxes by federal or state law and which has been in existence for a minimum of six (6) months preceding the date of application for a special event permit.

Vendor means any person who sells or offers to sell, any goods, food, or beverages within a special event venue, including the event organizer or any person who contracts with the event organizer for space within the special event venue in order to vend goods.

(Ord. No. 53-07, § 3, 9-17-07)

(a)

Except as provided in this article, no person or persons shall conduct, promote, manage, aid, or solicit attendance at a special event on public property or on private property, or on a combination of private and public property, any event of such magnitude as to impact public safety, traffic, or the health, safety and welfare of the residents or the invitees, unless that person shall have obtained a special event permit from the city manager or his designee, based upon a complete application detailing the particulars of the event.

(b)

The city manager, or his designee, is authorized to determine when a proposed facility use rises to the level of a special event permit, based upon an evaluation of public impact or consumption of public resources, location, anticipated attendance, and purpose.

(c)

The city manager, or his designee, shall consider all special event permits for events occurring within the city limits of the city pursuant to the procedures established in this article. He shall determine the special event venue, set reasonable boundaries, balancing the special event requirements and public health, safety, and welfare.

(d)

The city manager, or his designee, shall coordinate the issuance of a special event permit with other public agencies through whose jurisdiction or property the event or portion thereof occurs and to issue a special event permit upon the concurrence of other public agencies involved. The city manager is authorized to establish administrative and operational policies to issue both the special event permit and the facility use permit. Special event permits involving the occupation of a public street, except for temporary use of a public street for parade or facility use permit, in accordance with section 21-136 of this chapter, shall be approved by the city manager.

(e)

All other licenses, permits and fees, as required by chapter 10 of the Statesville Code of Ordinances.

(Ord. No. 53-07, § 3, 9-17-07)

The following activities are exempt from the special event permit requirement:

(1)

Funeral services and processions;

(2)

Activities solely conducted by the City of Statesville;

(3)

Lawful picketing on sidewalks;

(4)

Events of two hundred (200) or less people involving the closing of public streets or sidewalks by the city council or those events requiring a facilities use permit such as picnic shelters.

(Ord. No. 53-07, § 3, 9-17-07)

(a)

Issuance of a special event permit does not obligate or require the city to provide city services, equipment or personnel in support of an event.

(b)

City services, equipment, or personnel for commercial special events may be provided, based upon cost recovery.

(c)

Cost recovery for noncommercial events may be waived only if the council finds that a public purpose will be served. A public purpose is served if all four (4) of the following factors are met:

(1)

The event is organized and conducted by a tax-exempt nonprofit organization which operates from or provides services within the City of Statesville or County of Iredell;

(2)

The event provides an identified benefit to the general public;

(3)

The event includes participation by the general public (notwithstanding an admission or participation fee);

(4)

Provision of city services will result in improved crowd or event control and general public safety, and does not diminish or detract from the normal level of service for its citizens, based upon the evaluation, advice and approval of the manager; and

(5)

The city council moves to be a co-sponsor of the event.

(Ord. No. 53-07, § 3, 9-17-07)

Except for events sponsored by the city, which have first priority, and wherever possible, priority shall be given for the issuance of a special event permit to local tax-exempt nonprofit organizations operating in and providing services to the citizens of the City of Statesville or the County of Iredell. Special events that do not abut residential areas shall be encouraged and those that abut residential areas shall be subject to restrictions that protect the quiet and repose of said districts.

(Ord. No. 53-07, § 3, 9-17-07)

The issuance of a permit shall not be considered an endorsement of a special event by the City of Statesville. It shall be unlawful for any person to represent, hold out, promote or publish to another that the city name or city seal is an endorsement of the event without specific city council action authorizing such endorsement.

(Ord. No. 53-07, § 3, 9-17-07)

(a)

Except for special events at the Statesville Civic and Recreation Centers, an application for a special event permit shall be filed with the city manager, or his designee, not less than sixty (60) calendar days, or thirty (30) days for a residential street closing, nor more than two (2) years, before the time when it is proposed to conduct the special event. The application shall be reviewed by such city departments as designated by the city manager. Departmental comments shall be incorporated in the conditions of the special use permit.

(b)

Applications for reservation of city facilities through facility use permits such as picnic shelters shall be submitted in accordance within the time limits and procedures established for such facilities.

(Ord. No. 53-07, § 3, 9-17-07)

An application for a special event permit is deemed complete when the applicant has provided all of the information required in section 21-135 including a site plan and any additional information required by the city staff, and the application has been approved by any city departments designated by the city manager or his designee. The city staff shall return any incomplete application to the applicant. Presentation of completed application does not confer a right to such a special permit.

(Ord. No. 53-07, § 3, 9-17-07)

Notwithstanding the city staff's acceptance of a completed application, no date shall be considered confirmed until a special event permit is issued at the direction of city manager or his designee. The city staff will require the applicant to demonstrate that he/she has notified abutting property owners of the proposed time and place of the special event.

(Ord. No. 53-07, § 3, 9-17-07)

The application for a special event permit shall include the following, when applicable to the nature of the event:

(1)

The name, address and telephone number of the applicant, fax number and e-mail address (if applicable);

(2)

A certification that the applicant will be financially responsible for any city fees or costs that may be imposed for the event;

(3)

The name, address and telephone number, fax and e-mail (if applicable) of the event organizer, if any, and the cost that may be imposed for the event;

(4)

If the special event is designed to be held by, on behalf of, or for any organization other than the applicant, the applicant for the special event permit shall file a written communication from such organization:

a.

Authorizing the applicant to apply for the special event permit on its behalf; and

b.

Certifying that the applicant will be financially responsible for any costs or fees that may be imposed for the event.

(5)

A copy of the tax exemption letter issued for any applicant claiming to be a tax-exempt nonprofit organization;

(6)

A statement of the purpose of the special event;

(7)

A statement of fees to be charged for the special event;

(8)

The proposed signage, boundaries, location, map, dates, times, routes, alternative routes, staging areas, reviewing, parking, or disbanding stands or areas;

(9)

The approximate number of persons and kinds and number of animals, structures or vehicles that will participate in the special event, and the parking plan for the vehicle;

(10)

Plan for trash removal;

(11)

The number of bands or other musical units and the nature of any equipment to be used to produce sounds or noise;

(12)

The number and location of portable sanitation facilities;

(13)

Other equipment or services necessary to conduct the event with due regard for participant and public health and safety;

(14)

The number of persons proposed or required to monitor or facilitate the special event and provide spectator or participant control and direction for events using city streets, sidewalks, or facilities;

(15)

Provisions for first aid or emergency medical services, or both, based on event risk factors;

(16)

Insurance and surety bond information;

(17)

Any special or unusual requirements that may be imposed or created by virtue of the proposed event activity;

(18)

Relevant information on the location, number and names of vendors, and the types of goods or services being intended to be marketed within the boundaries of the special event; and

(19)

Any other information required by the city staff or council.

(Ord. No. 53-07, § 3, 9-17-07)

(a)

The city manager may recommend that in certain circumstances the city council issue a special event permit on behalf of the city.

(b)

In all other cases the city manager or his designee may approve the issuance of a special event permit when all of the following conditions are met:

(1)

The event will not substantially interrupt public transportation or other vehicular and pedestrian traffic in the area of its route, including specifically the displacement of vehicular parking into adjacent or neighboring commercial areas not part of the venue, or into adjacent or neighboring residential areas.

(2)

The event will not cause a conflict with construction or development in the public right-of-way or at a public facility.

(3)

The event will not block traffic lanes or close streets during peak commute hours on weekdays or weekends, as determined by the chief of police.

(4)

The event will not require the diversion of a great number of police, fire and rescue employees from their normal duties, thereby preventing reasonable police protection to the remainder of the city.

(5)

The concentration of persons, animals or vehicles will not unduly interfere with the movement of police, fire, ambulance, and other emergency vehicles on the streets.

(6)

The event will move from its assembly location to its disbanding location expeditiously and without stopping en route.

(7)

The event will not substantially interfere with any other special event or demonstration for which a permit has already been granted or with the provision of city services in support of other scheduled events or unscheduled governmental functions.

(8)

The event will not have unmitigable adverse impact upon residential or business access and traffic circulation in the area.

(9)

If the event is a marathon, it will not occur within thirty (30) calendar days of another marathon.

(c)

To make the determination under this section, the city manager shall consider pedestrian and traffic circulation and parking, traffic volume and population density, time of year, and neighboring or adjacent zoning uses.

(Ord. No. 53-07, § 3, 9-17-07)

(a)

The city staff may deny a special event permit to an applicant who has not:

(1)

Provided a sufficient traffic plan or for sufficient traffic controls by persons appropriately trained, certified or appointed pursuant to state law which enables the control of traffic;

(2)

Provided for an adequate parking plan that does not displace vehicles into neighboring or adjacent nonparticipating commercial or residential areas;

(3)

Provided sufficient monitors and a security plan for crowd control and safety;

(4)

Provided sufficient safety, health or sanitation equipment, services or facilities that are reasonably necessary to ensure that the event will be conducted with due regard for public safety and sanitation;

(5)

Provided sufficient off-site parking or shuttle service, or both, when required to minimize any substantial adverse impacts on general parking and traffic circulation in the vicinity of the event;

(6)

Provided sufficient signage information upon which approval can be granted;

(7)

Met all of the requirements for submitting an application for a special event permit; or

(8)

Provided the notice required under section 21-132.

(b)

The city staff may also deny a special event permit when:

(1)

Due to the inadequate internal security or deficient security plan of the event organizer given the projected attendance, or the time, place or manner of conducting the event, the event will create the possibility of violent disorderly conduct likely to endanger public safety or to result in significant property damage or disturb adjacent activities, events, neighborhoods;

(2)

The event may violate public health or safety laws;

(3)

The event fails to conform to the requirements of any law;

(4)

The applicant demonstrates an inability or unwillingness to conduct an event pursuant to the terms and conditions of this article;

(5)

The applicant has failed to conduct a previously authorized or exempted special event in any jurisdiction in accordance with law or the terms of a permit, or both;

(6)

The applicant has not obtained the approval of any other public agency within whose jurisdiction the special event or portion thereof will occur;

(7)

The applicant has failed to provide an adequate first aid or emergency medical services plan based on event risk factors; or

(8)

The applicant has failed to comply with any term of this article, or with any condition of a special event permit previously issued to the applicant.

(Ord. No. 53-07, § 3, 9-17-07)

To the extent the denial of a special events permit is capable of appeal, any appeal permitted must be made in writing to the city clerk within thirty (30) days of the adverse decision by the city manager. The city clerk shall place the appeal on the agenda for the city council and they shall hear said appeal and uphold, amend or reverse the action of the city manager.

(Ord. No. 53-07, § 3, 9-17-07)

A copy of the special event permit shall be displayed on location or in the special event venue in the method prescribed by the city applicable to the particular event and shall be exhibited upon demand of any city official.

(Ord. No. 53-07, § 3, 9-17-07)

A special event permit shall always be accompanied by the site plan approved by the city staff and shall contain the following information or conditions:

(1)

The location of the special event venue, which may be identified by a map attached to the special event permit;

(2)

The date, assembly area, time for assembly and starting time of the special event;

(3)

The specific route plan to the special event;

(4)

The number and types of persons, animals and vehicles, the number of bands, other musical units and equipment capable of producing sound, if any, and limitations thereon pertaining to noise abatement;

(5)

The portion of the street and sidewalk that is to be occupied by the event and the location of reviewing or audience stands, if any;

(6)

The number and location of traffic controllers, monitors, other support personnel and equipment and barricades to be furnished by the special event organizer;

(7)

The time for disbanding;

(8)

Conditions or restrictions on the use, sale or free distribution of alcoholic beverages and authorization for and conditions of the exclusive control or regulation of vendors and related sales activity by the event organizer during the special event;

(9)

Provisions for any required emergency medical services;

(10)

The size, manufacturer and location of any temporary buildings or structures to be erected specifically for the special event and removed immediately following the special event;

(11)

Such other information and conditions as are reasonably necessary for the conduct of the special event and the enforcement of this article, including the requirement for the on-site presence of the event organizer or its designated representative for all event coordination and management purposes; and

(12)

As a condition of the issuance of a special event permit, the applicant shall be required to make adequate provisions, which may include security deposits in an amount determined by the city staff, for cleaning up the area or route of the event both during and upon completion of the event and to return the area or route to the same condition of material preservation and cleanliness as existed prior to the event.

(Ord. No. 53-07, § 3, 9-17-07)

(a)

City staff shall recommend final action upon a completed application for a special event permit as soon as practicable, but no later than fifteen (15) working days from the receipt of a complete application.

(b)

The city staff is not required to recommend final action on an incomplete or untimely special event permit application.

(c)

The city staff is not required to process more than one (1) application for a special event permit per applicant during any two-week period.

(d)

The special events coordinator is not required to recommend final action upon two (2) or more special event permit applications submitted by the same applicant unless two (2) or more weeks shall have elapsed between the respective dates of submission of each.

(e)

Final action on a completed special event permit application shall consist of one (1) of the following:

(1)

Issuance of a special event permit in accordance with the terms of application;

(2)

Issuance of a special event permit in accordance with the terms of the application, as modified by mutual agreement between the city staff and the applicant; or

(3)

Denial of the special event permit application by the city staff, with the reason(s) for denial.

(Ord. No. 53-07, § 3, 9-17-07)

(a)

The event organizer of a special event must possess or obtain comprehensive general liability insurance from no less than an A-rated company to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the event. Insurance coverage must be maintained for the duration of the event. Notice of cancellation shall be provided immediately to the city. When applicable, the city may require proof of worker's compensation, auto liability and any specialty insurance coverage that may be necessary to protect the city during the event.

(b)

Except as provided in subsection 21-142(c), comprehensive general liability insurance coverage required by subsection 21-142(a) shall be in a combined single limit of at least one million dollars ($1,000,000.00).

(c)

The insurance required by subsection 21-136(a) shall encompass all liability insurance requirements imposed for other permits required under other sections of this Code and is to be provided for the benefit of the public and not as a duty, express or implied, to provide insurance protection for spectators or participants. The event organizer's current effective insurance policy, or copy, along with necessary endorsements, shall be filed with the city's risk manager at least thirty (30) calendar days before the event, unless the risk manager for good cause modifies the filing requirements.

(d)

No permit is valid until the applicant shall provide adequate insurance as required by this section.

(Ord. No. 53-07, § 3, 9-17-07)

(a)

Any special event permit may be revoked if the city determines:

(1)

That the event cannot be conducted without violating the standards or conditions for special event permit issuance;

(2)

The event is being conducted in violation of any condition of the special event permit;

(3)

The event poses a threat to health or safety;

(4)

The event organizer or any person associated with the event has failed to obtain any other permit required pursuant to this Code;

(5)

The special event permit was issued in error or contrary to law; or

(6)

The facts or assertions in the application have been falsified or misrepresented.

(b)

Notices of revocation shall be in writing and specifically set forth the reasons for the revocation.

(c)

If there is an emergency requiring immediate revocation of a special event permit, the city manager, police chief, fire chief or their respective designees may notify the permit holder verbally of the revocation and the permit holder shall immediately comply with any order of the city manager, police chief, fire chief or their respective designees.

(Ord. No. 53-07, § 3, 9-17-07)

(a)

For any special event requiring expenditure of public resources, the city shall charge for the actual cost of:

(1)

A reasonable fee for city personnel involved in permit processing, event traffic control, fire safety, EMS support, crowd control or any other event support; and

(2)

Other non-personnel expense;

(3)

The cost of off-duty Statesville Police Department officers as required pursuant to section 21-148; and

(4)

The cost of any fee to process the application for the special event permit established by the city's fee schedule in each duly adopted yearly city budget.

Cost recovery for events jointly sponsored by the city shall be mutually agreed upon and established through contract.

(b)

The city shall require the payment of fees pursuant to section 21-144 no later than five (5) days after notice of the approval of the application and at all times prior to the special event, unless the city, for good cause, extends time for payment.

(c)

If the event organizer fails to comply with section 21-144, the event organizer will be billed for actual city costs for cleanup and repair of the area or route occasioned by the event, and for any fees charged by the off-duty Statesville Police Department Officers who are required pursuant to section 21-148. If the event organized failed to comply with a previously issued special event permit, the event organizer shall deposit adequate surety in the form of cash or letter of credit drawn on a local bank on request from the city manager, or his or her designee.

(Ord. No. 53-07, § 3, 9-17-07; Ord. No. 10-20, 6-1-2020)

(a)

In addition to cost recovery to be determined by the city, an event organizer of a commercial special event using any portion of public property must pay

(b)

the city any standard fees for such use as determined by the city council from time to time.

(c)

An event organizer of a special event shall make payment for the flat fee no later than thirty (30) calendar days prior the event.

(Ord. No. 53-07, § 3, 9-17-07)

The city manager is authorized to administer and enforce the provisions of this article and may exercise any enforcement powers as set forth in law. Any person violating any provision of this article shall be subject to a civil penalty in the amount of two hundred fifty dollars ($250.00) for the first violation and an additional fifty dollars ($50.00) for each day the violation is not corrected. Penalties under this article are considered restorative; intended to provide the city with compensation for costs associated with the city's program to monitor, control, prosecute, cure and/or correct the violation. Violations of any other section of the Statesville Code of Ordinances, state or local fire code, state or local building code or any other rule or regulation may result in the imposition of additional restorative penalties. Any citizen or organization subjected to such penalty shall have the right to appeal in civil violations to the city council where they may uphold, amend or overturn the action of the city manager.

(Ord. No. 53-07, § 3, 9-17-07)

(a)

The issuance of a special event permit does not confer upon the permit holder or event organizer the right to control and regulate the sale of goods, food and beverages within the special event venue, such sales must comply with the terms and conditions of the special event permit and city and county rules and regulations.

(b)

Vendors authorized to sell goods, food, or beverages in the special event venue shall display their authorization in the manner required by applicable law. Only vendors displaying the required authorization shall be allowed to sell goods, food, or beverages in the special event venue.

(c)

The issuance of a special event permit does not relieve any person from the obligation to obtain any other permit or license required pursuant to the Statesville City Code, or other laws, including, but not limited to, health codes.

(d)

The issuance of any other permit or license issued pursuant to this Code does not relieve any person from the obligation to obtain a special event permit pursuant to this article. Specifically, any existing peddler and itinerant merchant licenses under section 10-31 of the Statesville Code of Ordinances are not transferable to the use in a special event.

(e)

It is unlawful for any person to sell, resell, or offer to sell or resell, any goods, food or beverages within the special event venue, except in the manner as set forth in the application approved by the city staff.

(Ord. No. 53-07, § 3, 9-17-07)

(a)

It shall be illegal to distribute, sell, serve, or otherwise consume any alcoholic beverage on any property or rights-of-way or other area owned or in the possession of the City of Statesville unless the city specifically authorizes such by the issuance of a special events permit and such conduct is not otherwise prohibited by law. All special event permits shall be issued as set forth in this section and shall be filed with the Statesville Police Department for the city.

(b)

For purposes of this section only, a "special event" is an event defined in section 21-126 above and sponsored by an organization that has been approved by the city manager based upon the following: (1) length of time the organization has been in operation; (2) criminal record of any event organizer associated with the organization; (3) any relevant public and safety factors of all other current and prior events held by the organization; and (4) any failure to comply with the terms of a prior special event permit. The city manager is authorized to require any applications and proofs as he or she may deem necessary to make a determination on the ability of an event organizer to sell or distribute alcoholic beverages as provided herein.

(c)

Event organizers shall provide a sketch of the area where beverages will be sold and consumed. The sketch shall indicate the material to be used for enclosing the area and include ingress and egress. The event organizer shall further show the area where alcoholic beverages will be sold and consumed as part of the overall event sketch plan. The event organizer is responsible for maintaining decorum and order and shall provide adequate security staff. The event organizer must also be responsible for checking the identification of patrons as they enter and exit the venue and must also provide patrons with a visible designation that a person is over twenty-one (21) years of age.

(d)

No vendor of alcoholic beverages may serve more than two (2) drinks at a time to any patron. It is unlawful for a patron to pass on an alcoholic beverage to a person whose identification has not been checked or to patrons outside the area set aside for consumption of alcoholic beverages.

(e)

All event organizers and individual vendors of alcoholic beverages shall be required to engage off-duty Statesville police officers to serve as security guards.

(f)

The event organizer must assume full personal responsibility in the written application for the reasonable operation of the event and agrees to indemnify city from any reasonably foreseeable damage to the city of third parties, as well as maintain at least one million dollars ($1,000,000.00) of comprehensive general liability insurance. The event organizer shall not allow any permanent alteration or encroachment on property owned or possessed by the city. The event organizer shall be responsible for repairing any incidental damage to the city property from the event.

(g)

A permit may be denied if it is found that the granting of the permit would not be in the public interest, or there is found to be a lack of harmony of the event as planned with the neighborhood at the time requested, or a permit may be revoked pursuant to section 21-143.

(Ord. No. 53-07, § 3, 9-17-07; Ord. No. 10-20, 6-1-2020)

Violations of this article shall subject the violator to liability regardless of intent.

(Ord. No. 53-07, § 3, 9-17-07)

(a)

It is unlawful to conduct a special event without a special event permit as required pursuant to this article.

(b)

It is unlawful for any person to conduct, promote or manage any special event for which a special event permit has not been issued or has been revoked.

(Ord. No. 53-07, § 3, 9-17-07)

It is unlawful for any person to sell for profit, or offer to sell for profit, any ticket of admission to a special event within a special event venue, except:

(1)

From any ticket office, booth, or other similar place established and maintained for the purpose of selling tickets; and

(2)

With the express authorization of the city staff member assigned to the event pursuant to a special event permit.

(Ord. No. 53-07, § 3, 9-17-07)

It is unlawful for any person to place, post, paint, erect, display, secure, or maintain any sign or banner pertaining to the special event unless preapproved by the city staff member assigned to the event, based upon the application and permitting process. The number of signs, sign face size, height, location and duration of display shall be addressed in the application. No sign shall obstruct a sight triangle or be placed within ten (10) feet of the boundary line of the property serving as the venue. In no case shall the event organizer or his designee place more than one (1) three-foot by two-foot directional sign on private property along the intersections of state roads and interstate highways. In no case shall the event organizer or his designee advertise the special event by placing advertising signs along the street rights-of-way.

(Ord. No. 53-07, § 3, 9-17-07)

It shall be unlawful for any person to obstruct, impede or interfere with any authorized assembly, person, vehicle or animal participating in an event for which a special event permit has been issued.

(Ord. No. 53-07, § 3, 9-17-07)

Whenever a commercial or noncommercial special event is conducted without a special event permit when one (1) is required, or an event is conducted in violation of the terms of an issued special event permit, or an event exceeds the needs identified in the application, the event organizer shall be responsible for, and the city staff shall charge the event organizer for, all city costs incurred for personnel and equipment for a public safety response caused or necessitated by the adverse impacts of the event, or the violation of the special event permit, upon public safety.

(Ord. No. 53-07, § 3, 9-17-07)

This article is adopted pursuant to the authority granted to the City of Stateville in G.S. §§ 160A-178 and 160A-179 for the purpose of regulating begging or otherwise canvassing the public for contributions for the private benefit of the solicitor or any other person, as well as regulating, restricting or prohibiting the solicitation of contributions from the public as it pertains to business activities of itinerant merchants, salesmen, promoters, and peddlers.

(Ord. No. 14-08, 4-21-080; Ord. No. 26-25, 10-6-2025)

Editor's note— See editor's note at § 21-25.

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

Accosting another person means approaching or speaking to someone in such a manner as would cause a reasonable person to fear imminent bodily harm or the commission of criminal act or damage to property in his immediate possession;

Direct written appeal means begging, panhandling, or solicitation by handing to a person or attempting to hand to a person a written solicitation for immediate contributions.

Forcing oneself upon the company of another person means:

(1)

Continuing to request or solicit contributions in close proximity to an individual who has made a negative response by verbal or physical signs or by attempting to leave the presence of the person soliciting, or by other negative indication;

(2)

Blocking the passage of the person addressed or otherwise engaging in conduct that could reasonably be construed as intending to force a person to comply to a solicitation; or

(3)

Otherwise engaging in conduct which reasonably could be understood as intended to force a person to accede to demands.

Intimidate another person means acting in such a way as would cause a reasonable person to fear bodily harm and therefore to do something he or she would not otherwise have done.

Panhandler means a beggar or charitable solicitor who attempts to solicit contributions for their own personal gain including, but not limited to, obtaining alms or contributions of money, food, or clothing for the use of oneself or others through use of spoken, written, or printed words, signs, body gestures or other acts.

Peddler means a person, whether a resident of the city, or not, traveling by foot, motor vehicle, or any other type of conveyances, from place to place, from house to house, or from street to street, carrying, conveying, or transporting any goods, wares, or merchandise of any kind, offering and exposing them for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, sells the same for sale from a wagon, motor vehicle, or other vehicle or conveyance. The definition of the term "peddler" shall not apply to, and this article shall not apply to, the following persons:

(1)

Those who solicit orders solely to industrial, commercial or professional establishments within the city;

(2)

Those soliciting for schools or educational, religious or charitable organizations, when the entire proceeds from any such solicitation goes to the fund of some approved educational or charitable organization that has a base permanently located in the city or county; and

(3)

Those persons operating a mobile food truck within the rules and guidelines, if any, of related city policy.

Prohibited time period means 7:00 p.m. to 10:00 a.m. on Monday through Saturday and all day on Sunday.

Public place means a place where a governmental entity has title and/or to which the public has access, including, but not limited to, streets, highways, and roadways (including the shoulders and medians), sidewalks, alleys, parking lots, restaurants, schools, parks and playgrounds, and other public property, as well as city-owned and city-controlled property and private property open to the public unless permission to solicit has been obtained from the town or from the property owner or other person in authority.

Solicitor, whether a resident of the city or not, means any individual traveling by foot, wagon, motor vehicle, or any other type of conveyance from place to place, from house to house or from street to street, taking or attempting to take orders for the sale of goods, wares, merchandise or personal property of any nature whatsoever, including, without limitation, intangible personal property, stocks, bonds, investment participation shares and product promotions for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not. The definition of the term "solicitor" shall not apply to, and this article shall not apply to, the following persons:

(1)

Those who solicit orders solely to industrial, commercial or professional establishments within the city.

(2)

Those soliciting for schools or approved educational, religious or charitable organizations, when the entire proceeds from any such solicitation goes to the fund of some approved educational or charitable organization that has a base permanently located in the city or county.

To beg, panhandle, or solicit contributions shall be defined to include, without limitation, the spoken, written, or printed word or such other acts as are conducted in furtherance of the purpose of obtaining monetary contributions for the private benefit of the solicitor or any other person.

Vocal appeal means begging, panhandling, or solicitation of contributions by spoken word or other verbal request.

(Ord. No. 26-25, 10-6-2025)

(a)

All peddlers and solicitors must submit an application to the police department pursuant to this article.

(b)

It shall be unlawful for any solicitor and/or peddler to engage in such business within the corporate limits of the city without first obtaining a permit pursuant to this article.

(c)

It shall be unlawful for a solicitor and/or peddler to fail to display the permit or badge issued under the provisions of this article while soliciting or peddling.

(d)

A violation of this section shall be a misdemeanor as provided by G.S. § 14-4(a).

(Ord. No. 26-25, 10-6-2025)

(a)

Fifteen (15) days prior to the desired start date, every solicitor and/or peddler under this article must file a sworn application for a permit, with the chief of police, in writing, on a form to be furnished by the chief of police or his designee, which shall give the following information:

(1)

The full name, date of birth, permanent address, phone number, and job title of the applicant.

(2)

A physical description of the applicant including height, weight, and eye and hair color.

(3)

A brief description of the nature of the business and the goods or services to be sold.

(4)

If employed or acting as an agent, the name, telephone number and address of the employer or principal, together with credentials establishing the exact relationship.

(5)

The place where the goods or services are proposed to be sold or orders taken for the sale thereof, where such articles are manufactured or produced, where such goods or products are located at the time such application is filed and the proposed method of delivery.

(6)

A list of all misdemeanor and felony charges and arrests including the approximate dates of the charges and arrest and the city/state of such charges and arrest.

(7)

A copy of a valid driver's license, state identification card, passport or military identification. If the picture identification is impractical, the applicant shall provide other documentation that reasonably establishes identity.

(8)

If the applicant is an employer or principal, a separate application shall be submitted for each person who will be soliciting and/or peddling. A separate permit will be processed for each.

(9)

Descriptions of any vehicles being used and registration plates of said vehicles.

(b)

At the time of filing the application, a fee, as according to the approved fee schedule by city council, shall be paid to the city's collection clerk located at 301 S. Center St., Statesville, NC, to cover the cost of issuing the permit.

(c)

The chief of police or his designee, within fifteen (15) days of the application and payment of the prescribed fee, will either approve or deny the application.

(Ord. No. 26-25, 10-6-2025)

Upon approval of the application and payment of the prescribed fee, the chief of police or his designee shall deliver to the applicant the following:

(1)

A permit or ID badge containing the signature of the chief of police or his designee, the name, address and photograph of the licensee, the class of license issued ("licensed solicitor" or "licensed peddler"), the date of issuance of the permit, and the length of time the permit shall be in effect.

(2)

The permit or ID badge must be displayed in accordance with subsection 21-173(c).

(3)

Any person authorized by permit to engage in soliciting or peddling shall at all times carry the issued permit in his or her possession when he or she is engaged in the permitted acts. In addition, a permittee shall display his or her permit when requested to do so by any prospective customer or law enforcement officer.

(4)

It shall be unlawful for any person to alter or falsify a permit issued under this section and/or for any person other than the permittee to use a permit issued under this section.

(5)

A violation of this section shall be a misdemeanor as provided by G.S. § 14-4(a).

(Ord. No. 26-25, 10-6-2025)

(a)

All permits issued shall expire one (1) year from the date of issuance, unless the applicant requests permission to do business for a lesser period, in which case, the permit shall be valid for such period.

(b)

Any permit issued under the provisions of this article may be renewed by the holder of the permit, upon application in writing to the chief of police, upon a form to be furnished by the chief of police, which shall contain the information required by section 21-174.

(c)

At the time of filing the renewal application under this section, the applicant shall pay a fee according to the city council approved fee schedule.

(Ord. No. 26-25, 10-6-2025)

It shall be unlawful for any permittee, or for any agent, employee or representative thereof, to advertise, represent or hold out in any manner the permit required by this article is an endorsement of the holder thereof by the governing body of the city, or any employee thereof, or by the city.

(Ord. No. 26-25, 10-6-2025)

(a)

Denial. In the event the chief of police or his designee denies the application, the applicant shall be notified in writing as to the reason for denial.

(b)

Revocation. The chief of police or his designee shall have the authority to revoke any previously issued solicitors and/or peddlers permit.

(1)

The permittee shall be notified in writing as to the reason of the revocation.

(2)

The revocation shall become effective immediately upon receipt of the notification.

(3)

Upon revocation, the issued permit must immediately be surrendered to the chief of police or his designee.

(4)

The permittee shall not conduct solicitation and/or peddling pending determination of the appeal.

(c)

The chief of police or his designee may deny an application or revoke any previously issued permit for the following:

(1)

The application is incomplete;

(2)

The application fee has not been paid;

(3)

The application contains false or misleading statements or omission of information;

(4)

The applicant has committed prior ordinance violations pertaining to solicitors and peddlers;

(5)

The applicant has been convicted of a misdemeanor involving larceny, fraud, forgery, sale of counterfeit goods and/or breaking and entering;

(6)

The applicant has been convicted of a felony; or

(7)

Any other reasonable evidence that the applicant would pose a substantial threat to the public health, safety, morals or general welfare of the public.

(Ord. No. 26-25, 10-6-2025)

(a)

Appeals by applicants and/or permittees must be filed with the chief of police in writing within ten (10) days from receipt of notice by the chief of police or his designee of denial of an application and/or revocation of a permit. The chief of police or his designee shall:

(1)

Within ten (10) days of an appeal hold at least one (1) hearing;

(2)

Make a determination as to deny, revoke or reinstate a permit;

(3)

Notify applicant and/or permittee in writing of such determination.

(b)

The applicant and/or permittee may file an appeal of the chief's or his designee's appeal determination to the city manager. The appeal must be within ten (10) days of receipt of notification of the chief's final decision and in writing. The city manager shall review the denial and/or the revocation and the appeal determinations. The city manager will:

(1)

Reinstate the permit; or

(2)

Uphold the denial or revocation.

(c)

The city manager will notify the applicant/permittee of his decision in writing. The city manager's decision shall be final.

(Ord. No. 26-25, 10-6-2025)

(a)

No person shall beg, panhandle, or solicit contributions in a public place in a manner so as to intimidate another person, accost another person, force oneself upon the company of another person, touch someone without their consent and/or use obscene or abusive language towards someone while attempting to panhandle, peddle, or solicit.

(b)

No person shall solicit contributions in a public place by vocal appeal or direct written appeal during the prohibited time period.

(c)

A violation of this section shall be a misdemeanor as provided by G.S. § 14-4(a).

(d)

Except as otherwise provided herein, no person shall enter or remain in or upon any private residence or premises within the city, having not been requested or invited by the occupant or occupants thereof, for the purpose of soliciting the immediate or future purchase or sale of goods, merchandise, services, or any other thing of value when a "No Solicitation," "No Trespassing," or similar sign is posted at or near the entrance to such premises. For purposes of this section, "premises" shall include any residential subdivision, mobile home park, or other multi-family development.

(1)

A violation of this subsection shall be punishable as second degree trespass pursuant to G.S. § 14-159.13.

(Ord. No. 26-25, 10-6-2025; Ord. No. 27-25, 10-20-2025)

Sections 21-171 through 21-181 of this Code shall be enforced by the Statesville Police Department. Any violation of those sections, with the exception of subsection 21-180(g), shall constitute a Class 3 misdemeanor as provided by G.S. § 14-4(a), unless conduct is punishable by any other applicable North Carolina General Statute.

(Ord. No. 26-25, 10-6-2025)