Attachments 01-11-2022Ordinance Amendment
02022-01 (Attach #1) OA-01-22
01-11-2022
Sec. 11-4. - Display of goods on sidewalks.
(4) Exceptions. All sidewalk sale permits are invalid during special events hosted by the City of
Dunn, Dunn Area Tourism Authority, Downtown Dunn Development Corporation and the Dunn
Area Chamber of Commerce. Merchants must abide by the event rules and regulations.
Sec. 13-4. - Consumption of alcoholic beverages.
(5) Closures of any right-of-way for the any special event must be applied for using a Special Event
Permit Application and approved by city council.
(6) To receive a special event permit where alcoholic beverages will be served and consumed, the
special event organizer shall pay the required fee and agree to the following:
a. The special event organizer shall submit the special event permit application at least thirty
(30) sixty 60 days prior to the special event to allow sufficient time for staff review and
processing.
ARTICLE It. - NOISEU
Sec. 13-40. - Permit to exceed limits.
(5) Limits of permits. Permits to exceed shall be subject to the following limitations:
a. Permits will only be granted for temporary purposes not to exceed eight (8) continuous hours
in any one time period.
b. No more than two (2) permits shall be allowed per address (person or group of persons) for
neighborhood events during any six -twelve-month period unless associated with a permitted
special event. 4anua,} 1 through 1 e 30 shall n nstitute -one six month refjg a
through December 31 shall constitute the record s _ nnth period-
(6) Cooperation. The permit holder shall agree to cooperate with the police department in enforcing
the noise ordinance by having the signers of the permit available at the site of the event during
the entire time period for which a permit has been issued and capable of assisting the police in
enforcing this article.
(7) Limitation. The provisions of this section apply only when a person or group of persons has
obtained a permit and only on the date and during the time period set forth in the permit.
(Ord. No. 02008-11, 7-8-08)
Chapter 14 - PARADES, PICKET LINES, AND GROUP DEMONSTRATIONSM
Footnotes:
--- (1) ---
Cross reference— Streets and sidewalks, Ch. 19.
State Law reference— Picketing or parading, G.S. 14-225.1; authority to regulate mass gatherings
limited, G.S. 130A-251 et seq.; authority to regulate the use of the streets, sidewalks, etc., G.S. 160A-
296.
OA-01-22, Page 2
Sec. 14-1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Group demonstration means any assembly together or concert of action between two (2) or more
persons for the purpose of protesting any matter, making known any position or thought of the group, or
of attracting attention to the demonstration.
Parade means any parade, march, ceremony, show, exhibition, or procession of any kind in or upon
the public streets, sidewalks, parks, or other public places.
Picket line means any persons formed together for the purpose of making known any position or
promotion of such persons or on behalf of any organization.
(Code 1974, § 16-1)
Cross reference— Definitions and rules of construction generally, § 1-2.
Sec. 14-2. - Chapter inapplicable to certain activities.
This chapter shall not apply to:
(1) Funeral processions;
(2) Students going to and from school classes or participating in educational activities, where any
such activity is under the immediate supervision and direction of proper school authorities;
(3) A governmental agency acting within the scope of its functions.
(Code 1974, § 16-7)
Sec. 14-3. - Permit —Required.
No parade, picket line, or group demonstration shall be permitted on the sidewalks or streets of the
city unless a permit therefor has been issued by the city, provided that nothing in this chapter shall be
construed to prevent the peaceful assembly of any group for orderly expression or communication
between those assembled.
(Code 1974, § 16-2)
Sec. 14-4. - Same —Conditions.
(a) Issuance generally. The chief of police or, in his absence, the next highest ranking officer of the city
police force, is authorized to issue permits as required in section 14-3, and in the issuance thereof
shall:
(1) Require a written application therefor to be filed seventy-two (72) hours in advance of the parade,
picket line, or group demonstration on a form prescribed by the police department, which shall
require the application to be signed by the person filing the application. The applicant shall therein
state the proposed place, time, purpose, and size of the parade, picket line, or group
demonstration, and whether or not any minors below the age of twenty (21) eighteen (18)
years shall participate.
OA-01-22, Page 3
(2) Refuse to issue the permit when the activity or purpose stated in the application would violate
any provision of this Code or other ordinance of the city or state law, endanger the public health
or safety, or hinder or prevent the orderly movement of pedestrian or vehicular traffic on the
sidewalks or streets of the city.
(3) Specify in the permit whether or not minors below the age of twenty one (21) eighteen (18) years
will be permitted to participate in the parade, picket line, or group demonstration, basing his
determination upon whether or not the purpose, time, or place of the participation will be
detrimental to or endanger the health, welfare, or safety of such minors.
(b) Time, place, etc. The chief of police or the next highest ranking officer may set the starting time and
duration of the parade, demonstration, or picket line. The chief or officer may set the speed of its travel,
the space between persons or vehicles, the portions or areas of the streets and sidewalks to be used,
the length of the parade, group, or line and other requirements as the chief of police or other designated
officer may include in the permit for the control of free movement of traffic upon the streets and
sidewalks or for the health, safety, and property rights of the participants and general public. Failure
to comply with the requirements, as set forth in the permit, shall be unlawful.
(c) Person in charge. The applicant for a permit shall specify and the permit shall designate the person
in charge of the parade, group demonstration, and picket line, and the person in charge shall
accompany the parade, demonstration, or picket line and shall carry the permit with him at that time.
(d) Considerations prerequisite to issuance. The chief of police or other designated officer in considering
the issuance of a permit shall, among other considerations provided, consider and find as a requisite
for issuance that:
(1) The activity will not require excessive diversion of police officers from other necessary duties;
(2) The activity will not interfere with the right of property owners in the area to enjoy peaceful
occupancy and use of their property;
(3) The activity can be conducted without unreasonable interference with normal vehicular or
pedestrian traffic in the area, will not prevent normal police or fire protection to the public, will not
be likely to cause injury to persons or property, provoke disorderly conduct, or create a public
disturbance;
(4) Other conditions as deemed necessary by the chief of police.
(Code 1974, § 16-3)
Sec. 14-5. - Same —Appeals from denial.
Any person aggrieved by the denial of a permit, as provided in this chapter, shall have a right of
appeal to the city council. The appeal notice must be given within five (5) days after the denial, and the
appeal upon such notice will be heard by the city council at its next regular meeting, or at any special
meeting the city council may set.
(Code 1974, § 16-8)
Sec. 14-6. - Same —Revocation.
Upon violation of the terms of the permit described in this chapter by those participating, the chief of
police or the officer of the police force as may then be in charge is authorized to revoke the permit and
direct those participating to disperse. No parade, picket line, or group demonstration for which a permit
has been issued and then revoked shall be permitted within any public building or structure.
OA-01-22, Page 4
(Code 1974, § 16-4)
Sec. 14-7. - limitations on minors and size.
(a) In any parade, picket line, or group demonstration it shall be unlawful:
(1) For any person to encourage, lead or allow a minor to participate, unless a permit therefor has
been issued. Otherwise, the person shall be guilty of a violation of this section.
(2) For any person to lead, guide, participate in, or in any way support or encourage the parade,
picket line, or group demonstration when a minor below the age of twenty one424-) eighteen (18)
years is participating therein, unless a permit for such participation by such minor has been
issued.
(3) To cause, participate in, lead, or encourage any parade, picket line, or group demonstration to
deviate in any manner from the authority specified therefor in the permit.
(b) Any picket line or group demonstration which participates in any area subject to normally heavy
pedestrian or vehicular traffic may be limited in the permit issued to a concentration of not more than
six (6) persons participating within any designated area of the street or sidewalk, provided that the
officer issuing the permit may specify a larger number in the designated area where, in his judgment,
conditions permit a higher concentration. A designated area is defined as the entire width of the street
or sidewalk within a distance measured along its length for one hundred (100) feet.
(Code 1974, § 16-5)
Sec. 14-8. - Interfering with parades, demonstrations, and picket lines.
No person shall hamper, obstruct, impede, or interfere with any permitted parade, picket line, or
group demonstration or any person participating therein. The police force is authorized to establish lines
for separation of the general public from such activity, and it shall be unlawful to cross such lines.
(Code 1974, § 16-6)
Adopted this 14' day of December, 2021.
Attest:
G��Y OF
1 Z� " •.G2 ®William P. Elmore,
Gp�PORgT�:�?ayor ,{
�'•, SEAL
WN CAS®
PDUNN
NORTH CAROLINA
401 E Broad St . PO Box 1065 . Dunn, North Carolina 28335
(910) 230-3500 • CityofDunn.org
FOR REGISTRATION
Matthew S. Willis
REGISTER OF DEEDS
Harnett County, NC
2022 JAN 18 11:09:43 AM
SK:4102 PG:569-571
FEE:$26.00
INSTRUMENT # 2022001127
KCORE
02022-02 /Attach #21
01-11-2022
Mayor
William P. Elmore Jr.
Mayor Pro Tern
Dr. David L. Bradham
Council Members
J. Wesley Sills
April L. Gaulden
Frank Mclean
Billy Tart
Chuck Turnage
City Manager
Steven Neuschafer
AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR
DEMOLISH THE PROPERTY HEREIN DESCRIBED AS AN UNSAFE BUILDING
PURSUANT TO N.C.G.S. §160D-1117, ET SEQ.
WHEREAS, that on August 101h, 2021, the Chief Building Inspector for the City
of Dunn sent a notice to Dunkin Deals, LLC., the owner(s) of record of the structures located at
809B E. Edgerton St. noting that the structures are in a condition that constitutes a fire and safety
hazard, and are dangerous to life, health and property and were thereby condemned, pursuant to
North Carolina General Statute § 160D-1117, et seq. and noticed the property owner of a hearing
on August 20"', 2021 at the office of the Building Inspector located at 102 North Powell Ave.,
Dunn, North Carolina pursuant to North Carolina General Statute §160D-1119 and §160D-1121;
and
WHEREAS, on August 20t", 2021 a hearing was conducted by the Chief Building
Inspector, Steven King. Mr. Peter Gitto, representative for Dunkin Deals, LLC. attended the
hearing. Following the completion of the hearing, the Chief Building Inspector entered an Order,
pursuant to North Carolina General Statute §160D-1122, declaring that the structures referenced
above are in a condition that constitutes a fire or safety hazard and are dangerous to life, health or
other property and ordering the property owner to repair or demolish the structures on the property
within sixty (60) days of the date of such Order, being August 25"', 2021; and
WHEREAS, the representative of Dunkin Deals, LLC., Peter Gitto, of the above
described structure(s) appealed the Order of the Building Inspector within the ten (10) day time
period prescribed in North Carolina General Statute § 160D-1123, in which the City of Council of
Duren, NC voted unanimously to deny the appeal and such Order is therefore a final Order; and
WHEREAS, on October 29t", 2021 and November 2nd, 2021, the City of Dunn
published legal notices that a public hearing would be held before the Dunn City Council on
November 9"', 2021 to consider the adoption of this Ordinance, directing that the Building
Inspector proceed with the demolition of the structure(s) described hereby, and that all costs
`y &re communif 64,jins!
incurred shall be a lien against such property, pursuant to North Carolina General Statute § 160D-
1125; and
WHEREAS, the City Council of the City of Dunn, NC finds that the structures
described herein is dangerous or prejudicial to the public health or public safety and is a nuisance
in violation of North Carolina General Statute 160A-193; and
WHEREAS, the structure should be removed or demolished, as directed by the
Building Inspector, and are an unsafe building condemned as set forth in North Carolina General
Statute § 160D-1121 and § 160D-1125 and constitutes a fire and safety hazard; and
WHEREAS, the owner of the structure(s) has been given a reasonable opportunity
to repair or demolish the structures pursuant to an Order issued by the Building Inspector on
August 25th, 2021 and the owner has failed to comply with this order; and
WHEREAS, the City Council of the City of Dunn, NC tabled the matter to adopt
the demolition ordinance on November 9th, 2021 until the January I It", 2022 City Council
meeting;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Dunn, North Carolina that:
Section 1. The Building Inspector is hereby authorized and directed to place a placard on the
exterior of the structures described herein, containing the legend:
"This building is unfit for human habitation and is a public nuisance; the use or occupation of
this building for human habitation is prohibited and unlawful."
On the structures at the following address:
411 N. McKay Ave. Dunn, NC 28334
PIN #: 1516-59-7422.000
PID 4:02151607110008
Owner: Dunkin Deals, LLC.
Section 2. The Building Inspector is hereby authorized and directed to proceed to remove or
demolish the above described structures in accordance with his Order to the owner thereof dated
the 25th day of August, 2021 and in accordance with North Carolina General Statute § 160D-1125,
based on the owner's failure to comply with such Order.
Section 3. (a) The cost of removal or demolition shall constitute a lien against the real property
upon which the cost was incurred. The lien shall be filed in the office of the Tax Collector, and
shall have the same priority and be collected in the same manner as the lien for special assessments
in Article 11 of Chapter 160D of the North Carolina General Statutes, and such costs shall also be
lien against any other real property owned by the owner of the property within the City of Dunn,
North Carolina, or within one (1) mile of the City of Dunn city limits, except for the property
owner's primary residence, pursuant to North Carolina General Statute §160D-1125.
(b) Upon completion of the required removal or demolition, the Building Inspector
shall sell the useable materials of the structure and any personal property, fixtures, or
appurtenances found in the building and credit the proceeds against the cost of removal or
demolition. The Building Inspector shall certify the remaining balance to the Tax Collector. If a
surplus remains after sale of the materials and satisfaction of the cost of removal or demolition,
the Building Inspector shall deposit the surplus with the Harnett County Clerk of Superior Court
where it shall be secured in the manner provided by North Carolina General Statute § 160D-1125.
Section 4. It shall be unlawful for any person to remove or cause to be removed the placard
from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or
to permit the occupancy of any building therein declared to be unfit for human habitation.
Section 5. This ordinance shall become effective upon its adoption.
Adopted this I I1h day of January, 2022.
It I I,,,
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a�,a`G�1Y
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Attest: ..
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a SEAL
Tammy Will s, CMC
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City Cleric
William P. Elmor ,
Mayor
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