Agenda - 06-21-2022; 8-s - Regulation of Gatherings on and near School Property and Public Playgrounds

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1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 21, 2022 Action Agenda Item No. 8-s SUBJECT: Regulation of Gatherings on and near School Property and Public Playgrounds DEPARTMENT: Board of Commissioners ATTACHMENT(S): INFORMATION CONTACT: Draft Ordinance John Roberts, County Attorney, 245- Resolution 2318 PURPOSE: To present for second reading an ordinance regulating picketing on or within 1 ,000 feet of school property and public playgrounds. BACKGROUND: The Board of Commissioners requested information on how the County may regulate protests or large gatherings in Orange County. The Board initially received information on this subject at its February 1, 2022 Business meeting. At that meeting the Board discussed many aspects of this type of regulation including prohibiting large gatherings on certain public school properties. The Board further discussed this topic at its May 10, 2022 work session. At that work session the Board determined parades would not be regulated and provided further direction to the County Attorney to be brought back to the Board for future consideration. At the June 2, 2022 work session, the Board determined to move forward with an ordinance prohibiting picketing on School Property. The agenda materials for each prior discussion may be viewed at the links above. Pursuant to the Board's prior discussions and input, the County Attorney revised the draft ordinance which generally provides as follows: • Only covers Picketing conducted on, or within 1,000 feet of, School Property and Public Playgrounds; • Declares violations to be subject to a monetary fine, equitable relief, or trespass depending on the facts and circumstances. Recent changes to North Carolina law provide that when a local ordinance involves a potential criminal penalty, the ordinance may not be adopted at the meeting at which it is first introduced. Such an ordinance may only be adopted at the next regular meeting following its introduction. Because one potential penalty of this ordinance is trespass, which is a statutory misdemeanor, this ordinance may only be adopted at its second reading. First reading for this proposed ordinance occurred at the Board's June 7, 2022 Business meeting. FINANCIAL IMPACT: There is no financial impact associated with this item.