IN GENERAL

Charlotte City Code ch. 15, art. I

in effect

Charlotte City Code § 15-1 Distribution of handbills, advertisements, letters, pamphlets or other materials.

Sec. 15-1. - Distribution of handbills, advertisements, letters, pamphlets or other materials. (a) It shall be unlawful for any person to throw, deposit, place or distribute any handbills, advertisements, cards, circulars, leaflets, folders, banners, letters, magazines or pamphlets in or upon private property, except by: (i) handing the material to the occupant; (ii) placing or depositing such material behind the outer door; (iii) securely attaching the material to the doorknob or door handle; or (iv) placing the material on the porch or stoop, provided that it shall be wrapped, bound or lock-folded in such a manner so as to prevent the material from being blown or scattered. This subsection shall not apply to the distribution of the United States mail or to newspapers. (b) It shall be unlawful for any person to deposit in, paste on, or attach to any motor vehicle any handbills, advertisements, cards, circulars, leaflets, folders, banners, letters or pamphlets or to cause such materials to be deposited in, pasted on or attached to any motor vehicle, without the consent of the owner. Nothing contained in this subsection shall prohibit the attachment to a motor vehicle of a citation or public safety information issued or published by or on behalf of the city. (Code 1985, § 15-1)

Charlotte City Code § 15-2 Curb service sale of beer and wine prohibited during certain hours.

Sec. 15-2. - Curb service sale of beer and wine prohibited during certain hours. It shall be unlawful for any person licensed to sell beer or wine to sell or offer for sale, by curb service or carhop, any beer or wine in the corporate limits from the hour of 1:00 p.m. on each Sunday until 7:00 a.m. on the following Monday. (Code 1985, § 15-2)

Charlotte City Code § 15-3 Beer and wine consumption; possession of open container; disposal of containers.

Sec. 15-3. - Beer and wine consumption; possession of open container; disposal of containers. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Beer means the same as the term "malt beverage," as defined by G.S. ch. 18B. Open container means a container that has a broken seal or a container other than the manufacturer's unopened original container. Public street means any highway, road, street, avenue, boulevard, or other way within and under the control of the city and open to public use, including the sidewalks of any such street. Rapid transit rail platform has the meaning set forth in section 15-270. Wine means the same as the term "unfortified wine," as defined by G.S. ch. 18B. (b) Consumption in public. Except as permitted in chapter 19 article IX, chapter 15 article XV, and subsection (f) of this section, no person shall consume any beer or wine upon or within the limits of any public street or sidewalk in the city or upon any rapid transit rail platform. (c) Consumption on private premises. It shall be unlawful for any person to consume any wine or beer upon the private business premises of another without permission of the owner or person in control of such premises. (d) Possession of open container in public. Except as permitted in chapter 19 article IX, chapter 15 article XV, and subsection (f) of this section, it shall be unlawful for any person to possess an open container of beer or wine upon or within the limits of any public street or sidewalk in the city or upon any rapid transit rail platform. (e) Container disposal. It shall be unlawful for any person to drop, throw, cast or deposit any used wine or beer container upon any public street or sidewalk or upon the private business premises of another without permission of the owner or person in control of such premises. (f) Exception; permit required. Consumption of beer and wine is permitted during any community-sponsored public function, festival or celebration being conducted within a public street, sidewalk or other publicly owned area pursuant to a written permit issued by the city manager or his duly authorized designee. This permit, when issued, will also allow the sale, service and distribution of beer and wine on designated streets, sidewalks and areas reserved for the event, subject to all applicable ABC regulations. However, before such permit is issued under this section, the city manager or his duly authorized designee shall designate the boundaries of the event and temporarily close those streets within the boundaries for general public use. (g) Application for permit. Application forms for the permit referred to in subsection (f) of this section are available from the department of transportation or the risk management division and must be filed at least 21 days prior to the opening day of the event. (h) Violations. A violation of this section may be punishable as a Class 3 misdemeanor and be subject to a maximum fine not to exceed $500.00 pursuant to G.S. 160A-175 and G.S. 14-4. (Code 1985, § 15-3; Ord. No. 3655, § 5, 7-23-2007; Ord. No. 373, § 1, 8-22-2022; Ord. No. 720, § 2, 2-12-2024)

Charlotte City Code § 15-4 Reserved.

Charlotte City Code § 15-5 Reserved.

Charlotte City Code § 15-6 Congregating on bridges; climbing railings, signposts or other posts.

Sec. 15-6. - Congregating on bridges; climbing railings, signposts or other posts. It shall be unlawful for persons to congregate on the bridges in the city in such a manner as to block the passage of traffic thereon or to climb the railings of such bridges or to climb any signpost, telephone post or other posts. (Code 1985, § 15-7)

Charlotte City Code § 15-7 Unauthorized persons on parking lots.

Sec. 15-7. - Unauthorized persons on parking lots. It shall be unlawful for any person to remain on any property which is used primarily as a parking lot for vehicles where a fee for use is charged unless such person has a vehicle parked on the property, is employed by the owner or manager of the property, or has other lawful business on such property, provided such property is prominently marked by a posted notice which is easily seen from a distance of 50 feet which states substantially as follows: "No person shall remain on any property which is used primarily as a parking lot for vehicles where a fee for use is charged unless such person has a vehicle parked on the property, or is employed by the owner or manager of the property, or has lawful business on said property. Charlotte Code § 15-7." (Code 1985, § 15-11)

Charlotte City Code § 15-8 Trespassing on motor vehicles.

Sec. 15-8. - Trespassing on motor vehicles. (a) It shall be unlawful for any person to enter into or upon the vehicle of another by use of force or by threatened use of force. (b) It shall be unlawful for any person to enter into or upon the vehicle of another after having been forbidden to do so or to remain in or upon such vehicle after having been requested to leave by the owner or any other person in lawful possession thereof. A violation of this section may be punishable as a Class 3 misdemeanor and be subject to a maximum fine not to exceed $500.00 pursuant to G.S. 160A-175 and G.S. 14-4. (Code 1985, § 15-12; Ord. No. 720, § 2, 2-12-2024)

Charlotte City Code § 15-9 Obstructing view of pool or billiard rooms or bowling alleys.

Sec. 15-9. - Obstructing view of pool or billiard rooms or bowling alleys. It shall be unlawful to obstruct, or allow to be obstructed, any door or window of any pool room, billiard room or bowling alley which opens upon any public street or alleyway of the city with any screen, colored glass, or any other device which will interfere with or cut off the view of the interior of any such room or place from such public street or alleyway. (Code 1985, § 15-13)

Charlotte City Code § 15-10 Maintenance of adequate drainage facilities.

Sec. 15-10. - Maintenance of adequate drainage facilities. It shall be unlawful for any person within the city limits to allow the drainage facilities on his property to become clogged, blocked or in a state of disrepair so as to obstruct or interrupt the flow of natural waters on his property, create standing water thereon, or cause flooding of neighboring properties. (Code 1985, § 15-18)

Charlotte City Code § 15-11 Operation of vehicles on school grounds.

Sec. 15-11. - Operation of vehicles on school grounds. It shall be unlawful for any person to operate a minibike, trail bike or go-cart on school grounds at any time. It shall also be unlawful for any person to park or operate any licensed motor vehicle on school grounds except in areas specifically designated for such purpose. (Code 1985, § 15-20)

Charlotte City Code § 15-12 Animals prohibited on school grounds.

Sec. 15-12. - Animals prohibited on school grounds. It shall be unlawful for any person to ride or graze any horse or any other animal on school grounds at any time. (Code 1985, § 15-21)

Charlotte City Code § 15-13 Shooting.

Sec. 15-13. - Shooting. (a) It shall be unlawful for any person, except an officer of the law, to shoot any firearm in the city, except in a licensed shooting gallery or as further provided in this section. However, the city manager or his designee is hereby authorized to grant temporary approval to persons desiring to shoot blanks in any firearm upon finding that the shooting will be conducted in a safe manner. Any person desiring to shoot live ammunition in any firearm may do so only with the permission and approval of the city council upon its finding that the shooting will be conducted in a safe manner. (b) It shall be unlawful for any person in the city, to shoot with bow and arrow or to shoot missiles of any description from slings, spring guns or instruments of any kind, except in a licensed shooting gallery or range or by permission of the city council. (c) All business establishments within the city that sell firearms shall be required to provide the purchaser of any firearm with a copy of this section at the time of the purchase. The city shall prepare and make available sufficient copies of this section to the business establishments. A violation of this section may be punishable as a Class 3 misdemeanor and be subject to a maximum fine not to exceed $500.00 pursuant to G.S. 160A-175 and G.S. 14-4. (Code 1985, § 15-22; Ord. No. 274, § 7, 3-28-2022)

Charlotte City Code § 15-14 Possession of dangerous weapons.

Sec. 15-14. - Possession of dangerous weapons. (a) For the purposes of this section, the term "dangerous weapon" shall be defined as any object or device designed or intended to be used to inflict serious injury upon persons or property, including, but not limited to, firearms; knives of any kind or type having a blade in excess of 3½ inches in length, except when used solely for preparation of food, instruction or maintenance; razors and razor blades, except when used solely for personal shaving; metallic knuckles; clubs, blackjacks and nightsticks; dynamite cartridges, bombs, grenades, mines and other powerful explosives; slingshots; shurikins; stun guns; and loaded canes. (b) It shall be unlawful for any person to carry, possess or have within his immediate access any dangerous weapon while in or upon any real property owned (except property owned by the city and leased to some other person or organization), leased, as lessee, or otherwise temporarily controlled by the city, whether such property is located within or outside the corporate city limits. (c) This section shall not apply to the following persons while acting lawfully and within the scope of their duties and authority: (1) Law enforcement officers. (2) Officers and soldiers of the armed forces, militia and national guard. (3) Any person who carries a dangerous weapon onto the premises of Charlotte/Douglas International Airport for the sole purpose of shipping the weapon by air in compliance with federal and state laws and regulations. (4) Persons specifically authorized by state or federal law to carry firearms in the performance of their jobs. (5) Any other person authorized, in writing, by the city manager or his designee to carry or possess dangerous weapons while in or upon specified public property. The city manager may promulgate guidelines for the issuance of permits for the possession of dangerous weapons on public property. The purpose of the guidelines shall be to ensure that permits are issued only for lawful purposes and in circumstances which present no threat to the safety and welfare of any person. (d) This section shall not prohibit the lawful possession or carrying of dangerous weapons on the public streets and sidewalks, except as provided in section 15-18. A violation of this section may be punishable as a Class 3 misdemeanor and be subject to a maximum fine not to exceed $500.00 pursuant to G.S. 160A-175 and G.S. 14-4. (Code 1985, § 15-23; Ord. No. 274, § 7, 3-28-2022)

Charlotte City Code § 15-15 Public solicitation and begging regulated.

Sec. 15-15. - Public solicitation and begging regulated. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Accosting means approaching or speaking to someone in such a manner as would cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon his or her person, or upon property in his or her immediate possession. After dark means from one half hour after sunset until one half hour before sunrise. The times of sunset and sunrise will be established by the times listed in The Charlotte Observer or another publication of similar distribution. Beg, solicit or panhandle includes, without limitation, use of the spoken, written, or printed word, or other acts as are conducted in the furtherance of the purpose of immediately collecting contributions for the use of oneself or others. As used in this ordinance, the word "solicit," and its forms, includes begging and panhandling. Financial institution means a bank, trust company, savings and loan association, credit union, check-cashing business or other entity principally engaged in the business of lending money or receiving or soliciting money on deposit. Forcing oneself upon the company of another means: (1) Continuing to solicit in close proximity to the person addressed after the person to whom the solicitation is directed has made a negative response, either verbally, by physical sign, by attempting to leave the presence of the person soliciting, or by other negative indication; (2) Blocking the passage of the person solicited; or (3) Otherwise engaging in conduct that could reasonably be construed as intending to compel or force a person to accede to a solicitation. (b) Prohibited acts. It shall be unlawful for any person to beg, solicit or panhandle on a public sidewalk, public right of way or within a public park owned by the city: (1) By accosting another, or by forcing oneself upon the company of another; (2) Within 20 feet of the entrance to any financial institution or any automated teller machine, regardless of whether or not such automated teller machine is located at or near a financial institution; (3) Within 20 feet of any outdoor dining area or outdoor merchandise area, provided such areas are in active use at the time; (4) Within 20 feet of any transit stop or taxi stand; (5) While the person being solicited is standing in line waiting to be admitted to a commercial establishment; (6) By touching the person being solicited without that person's consent; or (7) After dark by means of verbal communication. (c) Public transportation vehicle. It shall be unlawful for any person to beg, solicit or panhandle on a public transportation vehicle. (d) Penalty. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor as provided in G.S. 14-4 and, upon conviction, shall be subject to a maximum fine of $500.00, or imprisonment, or both. (Ord. No. 2457, § 1, 11-24-2003)

Charlotte City Code § 15-16 Littering public places.

Sec. 15-16. - Littering public places. (a) Prohibited. It shall be unlawful for any person to throw, scatter, place, drop, or otherwise dispose of any litter, garbage, refuse, grass, shrubbery, tree clippings, bottles, cans or containers of any kind, cigarette butts, cigars, drink containers, gum or candy wrapper paper or plastic products, discarded fruit, or other similar items upon any sidewalk, median strip, alleyway, street or street right-of-way, or grass strip of the city or upon the floors of any public halls, theaters, auditoriums or arenas, or public transportation vehicles, rapid transit rail platforms, or any portion of the public transportation system as defined in section 15-270. However, this section does not apply to those materials required to be placed for collection on the grass strip or curbside by chapter 10. (b) Citation and civil penalty. A citation for a civil penalty of $50.00 shall be issued for a violation of this section. If such civil penalty is not paid or appealed within 30 days from the date of issuance, an additional late fee civil penalty in the amount of $50.00 shall apply. A violation enforced through the issuance of a civil penalty may be appealed pursuant to section 2-25. (Code 1985, § 15-25; Ord. No. 3655, § 7, 7-23-2007)

Charlotte City Code § 15-17 Littering from a vehicle.

Sec. 15-17. - Littering from a vehicle. (a) Prohibited. It shall be unlawful for any person to throw, scatter, drop, or otherwise dispose of any cigarette butts, cigars, drink containers, gum or candy wrapper, paper or plastic products, discarded fruit, or other similar items from a vehicle or any other mode of transportation upon any public street, public property, public median, or private property not owned by that person. (b) Presumption. When any such item is thrown, scattered, spilled, dropped or otherwise disposed of from a vehicle, the operator thereof shall be presumed to have committed such offense. (c) Citation and civil penalty. A citation for a civil penalty of $25.00 shall be issued for a violation of this section. The citation shall be subject to a delinquent penalty of $10.00 if the citation is not paid. (Code 1985, § 15-25.1)

Charlotte City Code § 15-18 Reserved.

Charlotte City Code § 15-19 Sniffing of model glue for purpose of becoming intoxicated.

Sec. 15-19. - Sniffing of model glue for purpose of becoming intoxicated. (a) Definition. As used in this section, the term "model glue" shall mean any glue or cement of the type commonly used in the building of model airplanes, boats, and automobiles, containing toluol, hexane, trichlorethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cychlohexanone, or other solvent or chemical having the property of releasing toxic vapors. (b) Inhalation of fumes. No person shall, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulling of the senses or nervous system, intentionally smell or inhale the fumes from any model glue; provided, however, that this subsection shall not apply to the inhalation of any anesthesia for medical or dental purposes. (c) Possession or transfer for unlawful purpose. No person shall, for the purposes of violating or aiding another to violate any subsection of this section, intentionally possess, buy, sell, transfer possession, or receive possession of any model glue. (d) Use by minors. The use of model glue by minors is restricted as follows: (1) Except as provided in subsection (d)(3) of this section, no person under 16 years of age shall possess or buy any model glue. (2) Except as provided in subsection (d)(3) of this section, no person shall sell or transfer possession of any model glue to another person under 16 years of age. (3) A person may sell or transfer possession of model glue to a person under 16 years of age for model building or other lawful use where such minor has in his possession and exhibits the written consent of his parent or guardian. A person may sell and transfer possession of model glue to a person under 16 years of age where the glue is sold, delivered, or given away simultaneously with and as part of a kit used for the construction of model airplanes, model boats, model automobiles, model trains, or other similar models. (Code 1985, § 15-27)

Charlotte City Code § 15-20 State of emergency; proclamation; curfew authorized; restrictions; contracts authorized.

Sec. 15-20. - State of emergency; proclamation; curfew authorized; restrictions; contracts authorized. (a) A "state of emergency" shall be deemed to exist whenever, during times of great public crisis, disaster, rioting, catastrophe, or similar public emergency, for any reason, municipal public safety authorities are unable to maintain public order or afford adequate protection for lives, safety or property. (b) If an existing or threatened state of emergency occurs endangering the lives, safety, health and welfare of the people within the city, or threatening damage to or destruction of property, the mayor is hereby authorized and empowered to issue a public proclamation declaring to all persons the existence of such a state of emergency and, in order more effectively to protect the lives and property of the people within the city, to place in effect any or all of the restrictions authorized in this section, including the authority to define and impose a curfew. (c) The mayor is hereby authorized and empowered to limit by the proclamation the application of all or any part of such restrictions to any area specifically designated or described within the corporate limits and to specific hours of the day or night, and to exempt the following from all or any part of such restrictions: (1) Law enforcement officers, firefighters and other public employees; (2) Doctors, nurses, employees of hospitals and other medical facilities; (3) On-duty military personnel, whether state or federal; (4) On-duty employees of public utilities, public transportation companies, and newspaper, magazine, radio broadcasting, and television broadcasting corporations operated for profit; and (5) Such other classes of persons as may be essential to the preservation of public order and immediately necessary to serve the safety, health, and welfare needs of the people within the city. (d) The mayor shall proclaim the end of such state of emergency or all or any part of the restrictions imposed as soon as circumstances warrant or when directed to do so by the city council. (e) During the existence of a proclaimed state of emergency, the mayor may, by proclamation, prohibit or regulate any or all of the following: (1) The possession, off one's own premises, of explosives, any substance which by itself or in combination with other substances could be used to make an explosive device or weapon of mass destruction, firearms, ammunition, or dangerous weapons of any kind, and prohibit or regulate the purchase, sale, transfer or other disposition thereof. (2) The buying or selling of beer, wine, or intoxicating beverages of any kind, and their possession or consumption off one's own premises. (3) Any demonstration, parade, march, vigil or participation therein from taking place on any of the public ways or upon any public property. (4) The sale of gasoline, kerosene, naphtha, or any other explosive or inflammable fluids or substances or any substance which, by itself or in combination with other substances, could be used to make an explosive device or weapon of mass destruction. (5) Travel upon any public street, alley, or roadway or upon any other public property, except by those in search of medical assistance, food or other commodity or service necessary to sustain the well-being of themselves or their families or some member thereof. (6) The participation in or carrying on of any business activity, and the keeping open of places of business, places of entertainment, and any other places of public assembly. (f) Any proclamation may be extended, altered, or repealed in any particular during the continued or threatened existence of a state of emergency by the issuance of a subsequent proclamation. (g) During the existence of a proclaimed state of emergency, it shall be unlawful for any person to violate any provision of any restriction imposed by any proclamation authorized by this section. A violation of this section may be punishable as a Class 3 misdemeanor and be subject to a maximum fine not to exceed $500.00 pursuant to G.S. 160A-175 and G.S. 14-4. (h) During the existence of a proclaimed state of emergency involving the health and safety of the people or their property, the city manager is authorized to award contracts for construction or repair work and for the purchase of apparatus, supplies, materials or equipment without regard to the amount of such a contract and without complying with G.S. 143-129, provided that the expeditious award of such a contract is reasonably necessary to address the effects of such emergency. In the absence of the city manager, the following officials shall have the same authority as is provided in this section to the city manager: the deputy city manager, any assistant city manager or the chief purchasing official. The city manager shall submit a report to the city council summarizing all contracts awarded pursuant to this section as soon as reasonably possible after the state of emergency has ended. (Code 1985, § 15-28; Ord. No. 274, § 7, 3-28-2022)

Charlotte City Code § 15-21 Misrepresentation of affiliations by salespersons.

Sec. 15-21. - Misrepresentation of affiliations by salespersons. It shall be unlawful for any person, for the purpose of selling any goods, merchandise, services or any other thing to the public, to assert or represent in any way that the person is approved by or affiliated with the state or any agency thereof, the city, the chamber of commerce, the Better Business Bureau or any other similar organization or agency, when in fact no such approval or affiliation exists. (Code 1985, § 15-29)

Charlotte City Code § 15-22 Termination of delivery of unsolicited printed material.

Sec. 15-22. - Termination of delivery of unsolicited printed material. (a) Purpose. This section is enacted for the purposes of: (1) Protecting the privacy of residents of the city; and (2) Preventing conditions tending to encourage burglaries of temporarily unoccupied premises. (b) Definition. For the purpose of this section, "unsolicited printed material" shall mean handbills, advertisements, circulars, leaflets, folders, pamphlets, newspapers, magazines, or other printed matter distributed or delivered to private property without the consent of the person in control of the property. (c) Exemption. Nothing in this section shall apply to the delivery of the U.S. mail. (d) Notification. If the person in control of private property wishes the delivery of unsolicited printed material discontinued, he may request the person responsible for the printing, publishing or distribution to stop delivery by sending such request in writing by certified mail to the appropriate person. The request shall become effective 14 days after receipt of the request. Continued delivery of unsolicited printed material by a person after such request becomes effective shall, upon the second delivery, be unlawful and a violation of this section, provided the second delivery occurs within 180 days after the request becomes effective. (e) Enforcement. The person making the request for discontinuance of the delivery of unsolicited printed material shall be responsible for initiating the enforcement of any violation of this section. (Code 1985, § 15-30)

Charlotte City Code § 15-23 Loitering for the purpose of engaging in drug-related activity.

Sec. 15-23. - Loitering for the purpose of engaging in drug-related activity. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Known unlawful drug user, possessor or seller means a person who has been convicted in any court within this state of any crime involving the use, possession or sale of any substance referred to in the North Carolina Controlled Substances Act, G.S. 90-86 et seq., or who has been convicted of any violation of any substantially similar law of any other state or of the United States. Public place means: (1) Any public street, public highway, public sidewalk, public vehicular area as defined in G.S. 20-4.01, public park and/or plaza, other publicly owned or leased property, public transportation facility, school and school grounds or property; (2) Common areas of apartment and condominium communities; (3) Common areas of public housing projects; (4) Any place of business or amusement which is open to the public; (5) Any private property which adjoins any of the areas described in subsections (1) through (4) of this definition and to which the public has ready access; (6) Any other property which is open to the public, whether publicly or privately owned; and (7) Any motor vehicle in or on the areas described in this definition. Repeatedly means three or more times. (b) Prohibited; violation determination. It shall be unlawful for a person to remain or wander about in a public place for the purpose of engaging in a violation of any provision of the North Carolina Controlled Substances Act, G.S. 90-86 et seq. The following conduct or factors can be considered in determining whether a person is remaining or wandering in a public place for the purpose of violating any provision of G.S. 90-86 et seq.: (1) Repeatedly beckoning to, stopping or attempting to stop passersby or attempting to engage passersby in conversation; (2) Repeatedly stopping or attempting to stop motor vehicles; (3) Repeatedly interfering with the free passage of other persons; (4) Being a known unlawful drug user, possessor or seller; (5) Repeatedly passing to or receiving from passersby, whether on foot or in a vehicle, money or objects; (6) Attempting to flee or evade a police officer; (7) Being at a location frequented by persons who use, possess or sell controlled substances; (8) Occupying a vehicle which is registered to a known unlawful drug user, possessor or seller or which has been recently involved in illegal drug-related activity; or (9) Stopping, conversing with the occupant of, handing money or any object to the occupant of or receiving money or any object from the occupant of a vehicle which is registered to a known unlawful drug user, possessor or seller or which has been recently involved in illegal drug-related activity. (c) Possible arrest; penalty. No arrest or charge is permitted under this section unless the circumstances establish probable cause to believe that the person intended to violate one or more of the provisions of G.S. 90-86 et seq. (Code 1985, § 15-31)

Charlotte City Code § 15-24 Sale of drug stem intended for illegal drug use.

Sec. 15-24. - Sale of drug stem intended for illegal drug use. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Controlled substance means any substance controlled by the North Carolina Controlled Substances Act as set forth in G.S. 90-86 et seq. Drug stem means objects that facilitate the ingestion and/or inhalation of crack cocaine, crank methamphetamine or any other controlled substance as defined by the North Carolina Controlled Substances Act. A "drug stem" is further defined as a two- to six-inch-long tube, one-eighth-inch to three-quarter-inch in diameter and that is made of glass, metal or ceramic or any other material. Drug stems include, but are not limited to, glass vials or tubes which may contain novelty items of insignificant value or may contain items that are not, in the normal course of business, packaged in such a manner. Sell and sale mean the commercial transfer of ownership, possession or use of a drug stem in the regular course of wholesale or retail business for consideration of any type. (b) Determination. In determining whether an object is a drug stem, the following factors, in addition to all other relevant evidence, may be considered: (1) Statements by any person, owner, or by anyone in control of the object concerning its use. (2) Prior convictions, if any, of any person, owner, or of anyone in control of the object, for violation of the federal or state controlled substances acts. (3) The proximity of the drug stem, in time and space, to a controlled substance. (4) The existence of any residue of a controlled substance on the drug stem. (5) The proximity of the drug stem to other drug paraphernalia as defined by the North Carolina Drug Paraphernalia Act as set forth in G.S. 90-113.20 et seq. (6) Instructions, oral or written, provided with the drug stem concerning its use. (7) Descriptive materials accompanying the drug stem explaining or depicting its use. (8) Advertising concerning its use. (9) The manner in which the drug stem is displayed for sale. (10) The existence and scope of legitimate uses of the drug stem in the community. (11) Expert testimony concerning whether the drug stem is primarily used for introducing a controlled substance into the human body. (12) The intent of the owner or other person in control of the drug stem to deliver it to persons whom he knows or reasonably should know intends to use the object to facilitate a violation of the North Carolina Controlled Substances Act. (13) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise. (c) Sale of drug stem. It is a violation of this section for any person or retail establishment to sell, or to possess with intent to sell, a drug stem knowing that it will be used to ingest, inhale or otherwise introduce into the human body a controlled substance. (d) Defense. It is a defense to a violation of this section that the drug stem is primarily designed and used for a legitimate purpose unrelated to the ingestion of a controlled substance into the human body. (e) Penalty; additional remedies. The penalty and additional remedies for violation of this section shall be as follows: (1) Civil penalty; injunctive relief. Any person who violates any subsection of this section shall be subject to a civil penalty of $50.00 for each violation or injunctive relief to restrain the person from continuing the violation or threat of violation, or both injunctive relief and a civil penalty. Upon application for injunctive relief and a finding that a person is violating or threatening to violate any subsection of this section, the superior court shall grant injunctive relief to restrain the violation. Failure to pay the civil penalty or file an appeal within 30 days after notification of the violation shall result in an additional penalty of $50.00. The city may establish procedures for the collection of the civil penalties and may enforce the penalties by a civil action in the nature of a debt. (2) Continuing violations. Each day of violation of any subsection of this section shall constitute a separate offense. (3) Forfeiture of drug stem. Any item sold or possessed with the intent to sell by any person, after a court has adjudicated such an item to constitute drug paraphernalia as defined by this section, shall be subject to forfeiture of the drug stem to the city upon order of the court entered in any injunction proceedings instituted under the authority of this section or in a separate forfeiture action instituted by the city. (f) Appeal. A notice of appeal shall be filed within 30 days after notification of the violation. The failure to give notice of appeal within this time period shall constitute a waiver of the right to contest the citation. Appeals shall be heard through an administrative process established by the Charlotte-Mecklenburg Police Department. An individual desiring a hearing must post a bond equal to the amount of the civil penalty before an appeal hearing will be scheduled. The hearing officer's decision is subject to review in the superior court of the county by proceedings in the nature of certiorari. (Code 1985, § 15-32; Ord. No. 2447, §§ 8, 9, 11-24-2003)

Charlotte City Code § 15-25 Fingerprinting required in all pawn transactions.

Sec. 15-25. - Fingerprinting required in all pawn transactions. (a) Definitions. The following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Fingerprint means to require an individual to lace a clear, unsmeared impression in ink of the index finger of each hand on a pawn ticket to be submitted to the Charlotte-Mecklenburg Police Department. Pawn or pawn transaction means a written bailment of personal property as security for a debt, redeemable on certain terms within 180 days, unless renewed, and with an implied power of sale on default. Pawnbroker means any person engaged in the business of lending money on the security of pledged goods and who may also purchase merchandise for resale from dealers and traders, as well as any employee or agent of such person. Pledgor means any person who deposits with or delivers tangible personal property into the possession of a pawnbroker in the course of his business in connection with a pawn transaction. (b) It shall be the duty of a pawnbroker to fingerprint the pledgor in connection with every pawn transaction. It shall be unlawful for a pawnbroker to fail to perform said duty. In addition to the remedies provided in section 2-21, the pawnbroker's license may be revoked for a violation of this section, as permitted under G.S. 91A-6. (Ord. No. 3413-X, § 1, 10-23-2006)

Charlotte City Code § 15-26 Camping and other activity prohibited on public property.

Sec. 15-26. - Camping and other activity prohibited on public property. (a) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Camp or camping means the use of city property for living accommodation purposes such as sleeping, or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or storing personal belongings, or placing any tents or a temporary shelter on city property for living accommodation purposes. Temporary shelter means tents, tarps, or any type of structure or cover that provides partial shelter from the elements. (b) It shall be unlawful for anyone to camp on any public property owned by the city including public rights-of-way and sidewalks. (c) Camping as defined in this section is deemed a public nuisance and the city may summarily remove a temporary shelter, bedding or personal belongings. (d) It shall be unlawful to light or use a campfire or bonfire on public property except as may be specifically authorized by a permit. A violation of this section may be punishable as a Class 3 misdemeanor and be subject to a maximum fine not to exceed $500.00 pursuant to G.S. 160A-175 and G.S. 14-4. (Ord. No. 4814(a), § 1, 1-23-2012; Ord. No. 278, § 5, 4-4-2022)

Charlotte City Code § 15-27 Possession of obstruction devices prohibited; placing objects in roadway, public right-of-way prohibited.

Sec. 15-27. - Possession of obstruction devices prohibited; placing objects in roadway, public right-of-way prohibited. (a) It shall be unlawful for any person, other than governmental employees in the performance of their duty, to possess any obstruction object or instrument with the intent to obstruct a public road, public sidewalk, public right-of-way, entrance or exit to private property or any other area open to the public. Obstruction object or instrument as used in this section means a device commonly known as a "lock box" or "sleeping dragon" or any of the components of such a device including' but not limited to: pipes, tubes, wire handcuffs, chains, carabiners, or padlocks, or containers either weighted or not. (b) It shall be unlawful for any person, other than governmental employees in the performance of their duty, to place any instrument, tripod, bipod or other pole or object with the intent to obstruct pedestrian or vehicular movement on a public road, public sidewalk, public right-of-way, entrance or exit to private property, or any other area open to the public. (c) It shall be unlawful for any person, other than governmental employees in the performance of their duty, to attach themselves to another person, building, vehicle or fixture with the intent to obstruct pedestrian or vehicular movement on a public road, public sidewalk, public right-of-way, entrance or exit to private property or any other area open to the public. (d) Obstruct as used in this section means to interfere with pedestrian or vehicular movement on a public road way, public sidewalk, public right-of-way, entrance or exit to private property, or any other area open to the public. (Ord. No. 4814(a), § 1, 1-23-2012)

Charlotte City Code § 15-28 Possession and dispersal of noxious substances.

Sec. 15-28. - Possession and dispersal of noxious substances. (a) It shall be unlawful for any person to possess any noxious substance with the intent to use the noxious substance to interfere with a lawful assembly or to interfere with emergency services or to interfere with a person's right of entry or right to leave a place. (b) It shall be unlawful for any person to throw, emit, or cause to be used as a projectile, or otherwise disperse any noxious substance. (c) Noxious substance as used in this section means any substance that is harmful or destructive or foul or offensive to human beings, such as but not limited to garbage, trash, refuse, animal parts or fluids, manure, urine, feces or other organic waste by-products. (Ord. No. 4814(a), § 1, 1-23-2012)

Charlotte City Code § 15-29 Police lines and barricades.

Sec. 15-29. - Police lines and barricades. (a) Officers of the Charlotte-Mecklenburg Police Department are authorized to establish police lines and barricades to preserve the public peace, arrest offenders and to protect the rights of persons and property. (b) It shall be unlawful for anyone to intentionally cross over a police line or barricade. (Ord. No. 4814(a), § 1, 1-23-2012)

Charlotte City Code § 15-30 Kindling bonfires.

Sec. 15-30. - Kindling bonfires. It shall be unlawful for anyone to set a fire on any public street, avenue, highway, public property or right-of-way unless expressly allowed by a permit. A violation of this section may be punishable as a Class 3 misdemeanor and be subject to a maximum fine not to exceed $500.00 pursuant to G.S. 160A-175 and G.S. 14-4. (Ord. No. 4814(a), § 1, 1-23-2012; Ord. No. 274, § 7, 3-28-2022)

Charlotte City Code § 15-31 Attachments to public and private property.

Sec. 15-31. - Attachments to public and private property. It shall be unlawful to hang, fasten, or attach any rope, wire, chain, sign, banner, or electrical device or power cord to any public or private property including buildings, bridges, overpasses, vehicles, construction equipment, memorials, utility poles or artwork unless express permission has been granted by the owner or manager of the property. (Ord. No. 4814(a), § 1, 1-23-2012)

Source: City of Charlotte, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nc/charlotte/codes/code_of_ordinances?nodeId=PTIICOOR_CH15OFMIPR_ARTIINGEFetched: 10/27/2026