§ 46-23. Picketing.

Pickets and picketing shall be subject to the following regulations:

(1)

Notification required. The organizer of a picket that the organizer knows, or should reasonably know, will be by a group of ten or more individuals shall give notice of intent to picket to the chief of police or designee at least 48 hours before the beginning of the picket. The notice of intent to picket shall include the following information:

a.

The name, address and contact telephone number for the organizer of the picket;

b.

The name, address and contact telephone number of the person giving notice of intent to picket if different from the organizer;

c.

The name of the organization or group sponsoring the picket;

d.

The location where the picket is to take place;

e.

The date and time the picket will begin and end; and

f.

The anticipated number of participants, and the basis on which this estimate is made.

(2)

Upon notice of intent to picket given in accordance with subsection (1) of this section, the chief of police or designee shall immediately issue a receipt of notice. The receipt shall contain all information stated in the notice. The organizer of a picket shall be responsible for maintaining the receipt, and shall present it when so requested by a law enforcement officer or other town official.

(3)

Picketing may be conducted on public sidewalks or other town-owned areas normally used or reserved for pedestrian movement and shall not be conducted on the portion of the public roadway used primarily for vehicular traffic.

(4)

Notwithstanding subsection (3) of this section, picketing may not be conducted:

a.

On a median strip; or

b.

At a location directed, focused, or targeted at a particular private residence.

(5)

Picketing shall not disrupt, block, obstruct or interfere with pedestrian or vehicular traffic or the free passage of pedestrian or vehicular traffic into any driveway, pedestrian entrance, or other access to buildings, which abut the public sidewalks or roadways.

(6)

If more than one group of picketers desire to picket at the same time at or near the same location, law enforcement officers may, without regard to the purpose or content of the message, assign each group a place to picket in order to preserve the public peace. Members of a group shall not enter an area assigned to another group. Priority of location shall be based upon which group of picketers arrived first.

(7)

Spectators of pickets shall not physically interfere with individuals engaged in picketing. Picketers and spectators of pickets shall not speak fighting words or threats that would tend to provoke a reasonable person to a breach of the peace.

(8)

Picketers and picketing shall be subject to all applicable local, state and federal laws.

(9)

Nothing in this section prohibits a law enforcement officer from issuing a command to disperse in accordance with G.S. 14-288.5 in the event of a riot or disorderly conduct by an assemblage of three or more persons.

(10)

Picketers may carry written or printed placards, signs, sandwich boards, or flags not exceeding two feet in width and two feet in length promoting the objective for which the picketing is done, provided the contents thereon is not obscene by prevailing community standards or does not incite violence.

(11)

Other items that picketers may carry, such as puppets, etc., can be no larger than two feet in width and two feet in length.

(12)

It shall be unlawful for any person to violate any provision of this section.

(Code 2003, § 20-35; Ord. No. 16-12 , § 1, 12-15-2016)