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Agenda - 11-16-1993 - VII-B
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Agenda - 11-16-1993 - VII-B
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BOCC
Date
11/16/1993
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
VII-B
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34 <br /> 2 <br /> Specifically we recommend the Council consider ordinances which <br /> would : <br /> 1 . Prohibit the display on Town streets, sidewalks, alleys and <br /> other public property of any firearm by any person consuming <br /> or under the influence of alcohol or any other impairing <br /> substance. <br /> Comment: As discussed in the September 7 memorandum, the <br /> Supreme Court of North Carolina has said such a <br /> regulation would be reasonable. We propose that the <br /> draft ordinance include language similar to existing law <br /> pertaining to impaired driving, with an objective <br /> standard for alcohol concentration (suggested to be 0 . 04 , <br /> consistent with the standard for impaired driving in a <br /> commercial vehicle) and the more subjective statutory <br /> standard of "under the influence of an impairing <br /> substance. " ) <br /> 2 . Prohibit the display of any firearm at polling places. <br /> Comment: As discussed in the September 7. memorandum, the <br /> Supreme Court of North Carolina has said such a <br /> regulation would be reasonable. <br /> 3 . Prohibit the display of any firearm at any public assembly in <br /> Chapel Hill on public streets , sidewalks, alleys and other <br /> public property. <br /> Comment: As discussed in the September 7 memorandum, the <br /> North Carolina Supreme Court has said a prohibition on <br /> firearms at public assemblies would be constitutional . <br /> State law (G.S. Sec. 14-277 . 2) presently prohibits <br /> possession of dangerous weapons at some public <br /> assemblies, specifically at any "parade, funeral <br /> procession, picket line, or demonstration upon any public <br /> place owned or under the control of the State or any of <br /> its political subdivisions . " We propose the Council <br /> consider an ordinance that would make illegal the display <br /> of any firearm at any public assembly (to be defined by <br /> ordinance to include gatherings of 3 or more persons <br /> within an area so that the persons present are engaging <br /> in one or more common activities and can communicate with <br /> each other without use of voice amplifying or <br /> transmitting devices) on public property, streets, <br /> sidewalks or alleys. We propose setting the number for <br /> a public assembly at three or more based on North <br /> Carolina General Statute 14-288 . 2 , which defines a riot <br /> as a "public disturbance involving an assemblage of three <br /> or more persons. . . " . <br /> Private property owners can authorize Town law <br /> enforcement officers to regulate parking and to enforce <br /> trespass laws on their property. By doing so, private <br /> property could be considered sufficiently public in <br />
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