Minutes 05-10-2022 Budget Public Hearing and Work Session

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31 5. Additional Discussion on Regulation of Large Gatherings The Board discussed the regulation of large gatherings in Orange County. BACKGROUND: The Board of Commissioners requested information on possible options for the County to potentially regulate protests or large gatherings in Orange County. The Board initially received information on this subject at its March 10, 2022 work session. At that work session, the Board discussed many aspects of this type of regulation including prohibiting large gatherings on certain public-school properties. The attachments include a legal overview of the regulation of protests and gatherings that was provided at the work session, some relevant state statutes, and a draft County ordinance. The draft ordinance generally: • Covers parades and picketing. • Establishes requirements for the content of permit applications and notice and assigns responsibility for oversight of the ordinance to the Clerk to the Board in consultation with the Sheriff. • Provides for an appeal to the County Manager if a permit application is denied. • Establishes standards of conduct for participants and organizers of Parades and Picketing. • Establishes the locations at and upon which Parades and Picketing may occur. Not all county property is what's known as a public forum and so limits access to only certain county properties. • Prohibits Parades and Picketing within five hundred feet of school property and playgrounds; and • Declares violations to be subject to a $500 fine and equitable relief. John Roberts said they had previously talked about this in March. He said that sample ordinals were presented at that time and that he has drafted an ordinance based on Wake County's but is different because it has portions dealing with schools that this Board wants included. He said that this ordinance also includes parades and picketing. He said that those usually happen in city jurisdiction, but this will be county jurisdiction. He said that this also includes application information for a parade and that the Clerk's office has graciously volunteered to be the application director and to hand out permits. He said there is not an application or permit process for picketing, but it would require notice. He said the Clerk would then consult with the Sheriff. He said that if there is a permit denied there is an appeal process. He said that it establishes standards of conduct for those participating in picketing. He said that it will have designated locations for picketing if the Board so chooses to keep those included. He said that it would be up to the Board to determine what is considered public forum. He said that it prohibits parades or picketing within five hundred feet of a school playground even on private property. He said he specifically did not put in misdemeanor provisions because the General Assembly made it very difficult to get a conviction of a local ordinance misdemeanor. Chair Price said the Efland Christmas Parade is in the county. Commissioner McKee said there are a few and asked if those would require a permit.