Orange County NC Website
3 <br /> Page 2 of 3 <br /> disorderly and violent conduct, or the imminent threat of disorderly and violent conduct, <br /> results in injury or damage to persons or property or creates a clear and present danger of <br /> injury or damage to persons or property. <br /> (b)Any person who willfully engages in a riot is guilty of a Class 1 misdemeanor. <br /> (c)Any person who willfully engages in a riot is guilty of a Class H felony, if: <br /> (1) In the course and as a result of the riot there is property damage in excess of <br /> fifteen hundred dollars ($1,500) or serious bodily injury; or <br /> (2) Such participant in the riot has in his possession any dangerous weapon or <br /> substance. <br /> (d)Any person who willfully incites or urges another to engage in a riot, so that as a result of <br /> such inciting or urging a riot occurs or a clear and present danger of a riot is created, is guilty <br /> of a Class 1 misdemeanor. <br /> (e)Any person who willfully incites or urges another to engage in a riot, and such inciting or <br /> urging is a contributing cause of a riot in which there is property damage in excess of fifteen <br /> hundred dollars ($1,500) or serious bodily injury, shall be punished as a Class F felon. <br /> In addition, §14-277.2 prohibits the carrying or possession of dangerous weapons at a parade, <br /> funeral procession, picket line, or demonstration. It does not apply to individuals permitted to carry <br /> weapons such as through concealed carry firearm permits. <br /> Time, Place, and Manner Restrictions <br /> The County may establish limitations on how, when, and where protests or assemblies occur. In <br /> order to impose time, place, and manner restrictions the restriction itself must be reasonable, <br /> viewpoint neutral, and narrowly tailored to serve a legitimate government interest with minimal <br /> imposition on constitutional rights. <br /> Some examples of how these guidelines work in particular situations: <br /> • The public square. In places that are traditionally considered "public forums"for free <br /> expression such as sidewalks, parks, and public squares there is limited authority to restrict <br /> gathering for the purpose of expression. <br /> • The courthouse steps. Similar to the public square the steps of the courthouse is an area <br /> that is traditionally considered a public form for expression and gathering. <br /> • Size limits. Size limitations on government sponsored events or on public gatherings when <br /> the limitations are temporary or of an emergency nature are generally permitted so long as <br /> the limitations are not based on the viewpoint of whatever expression is being promoted at <br /> the gathering. A federal district court struck down a local ordinance that limited the size of <br /> most public gatherings in a traditional public forum because it wasn't narrowly tailored to <br /> serve a legitimate government purpose (Housing Works, Inc. v. Safir, 2000). <br /> • Permits. Generally, local governments may require permits for demonstrations, parades, <br /> and other large gatherings. These permits may not impose unreasonable fees or create <br /> obstacles to viewpoint expression. <br /> • Curfews. Local governments may also generally impose curfews during emergencies even <br /> as it relates to gatherings for the purpose of free expression. <br /> • Buffer zones. Some buffer zone restrictions are permissible so long as they have no <br /> disparate impact on viewpoints. A buffer zone should exclude all entrants without regard to <br />