Agenda - 09-06-2022; 8-a - Minutes

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45 1 A motion was made by Commissioner Greene, seconded by Commissioner Bedford, to 2 approve and authorize the Chair to sign the resolution endorsing the County-wide Action Plan 3 and authorize county staff to move forward with the towns on implementation. 4 5 VOTE: UNANIMOUS 6 7 The following item was added at the beginning of the meeting: 8 9 c. Regulation of Large Gatherings on School Property and Public Playgrounds 10 The Board considered the first reading of the ordinance prohibiting picketing on School Property 11 and Playgrounds. 12 13 BACKGROUND: The Board of Commissioners requested information on how the County may 14 regulate protests or large gatherings in Orange County. The Board initially received information 15 on this subject at its February 1, 2022 Business meeting. At that meeting the Board discussed 16 many aspects of this type of regulation including prohibiting large gatherings on certain public- 17 school properties. The Board further discussed this topic at its May 10, 2022 work session. At 18 that work session the Board determined parades would not be regulated and provided further 19 direction to the County Attorney to be brought back to the Board for future consideration. At the 20 June 2, 2022 work session, the Board determined to move forward with an ordinance prohibiting 21 picketing on School Property. The agenda materials for each prior discussion may be viewed at 22 the links above. 23 24 Pursuant to the Board's prior discussions and input, the County Attorney revised the draft 25 ordinance which generally provides as follows: 26 27 • Only covers Picketing conducted on, or within one thousand feet of, School Property and 28 Public Playgrounds; 29 30 • Declares violations to be subject to a monetary fine, equitable relief, or trespass 31 depending on the facts and circumstances. 32 33 Recent changes to North Carolina law provide that when a local ordinance involves a potential 34 criminal penalty, the ordinance may not be adopted at the meeting at which it is first introduced. 35 Such an ordinance may only be adopted at the next regular meeting following its introduction. 36 Because one potential penalty of this ordinance is trespass, which is a statutory misdemeanor, 37 this ordinance may only be adopted at its second reading. 38 39 John Roberts said if this version of the ordinance is satisfactory, the Board can move 40 onto the second reading at their next business meeting. 41 Commissioner McKee asked how many reported incidents of injury have been 42 associated with picketing in Orange County over the last five years. 43 John Roberts said he does not have that information and it would have to come from the 44 Sheriff or EMS. 45 Commissioner McKee asked if it must come back for a second reading. 46 John Roberts said yes. 47 Commissioner McKee asked if trespassing was automatic. 48 John Roberts said first they would be notified they are trespassing, and then if they do 49 not leave, they can be charged. 50 Commissioner McKee said he has an issue with 1,000 feet.