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BC 2017 05 15 Regular Meeting
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BC 2017 05 15 Regular Meeting
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6/20/2017 3:46:34 PM
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11/27/2017 12:52:48 PM
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
5/15/2017
Board
Board of Commissioners
Meeting Type
Regular
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May 15, 2017 (Regular Meeting) Page 3147 <br /> (b) Official meetings. A registered sex offender who has the right to be present <br /> at an official meeting shall have the limited privilege of entering on and into <br /> a park or recreation facility for such time as is necessary to attend that <br /> meeting or function, but loitering or lingering in any form shall be a violation <br /> of this article. <br /> The privilege shall only extend to those parts of the park and/or recreation <br /> facility that are being used for meetings of that kind and any registered sex <br /> offender found outside of those parts shall be punished as provided in section <br /> 50-37. <br /> (c) Consistency with the Jessica Lunsford Act. After November 30, 2008, any <br /> action prohibited by this article that would also be a violation of G.S. 14- <br /> 208.18 (2008) shall no longer be considered a violation of this article. For <br /> example, after November 30, 2008: <br /> (1) A registered sex offender who enters a park and/or recreation facility <br /> playground will no longer be in violation of this article because of the <br /> prohibition of the same conduct by G.S. 14-208. 18 (a) (1) (2008) ; <br /> (2) A registered sex offender who enters park and/or recreation facility <br /> property that is held open to the general public that at the time in <br /> question is being used for a youth birthday party may not be deemed in <br /> violation of this article because of the prohibition of the same conduct <br /> by G.S. 14-208.18 (a) (2) (2008; and <br /> (3) A registered sex offender will not be in violation of this article for <br /> being on park and/or recreation facility property where minors have gathered <br /> for regularly scheduled recreational programs because of the prohibition <br /> of the same conduct by G.S. 14-208.18 (a) (3) (2008) . <br /> (Ord. No. 2009-04, § 3, 1-20-09) <br /> Sec. 50-34 . - Scope. <br /> Territorial scope. This article shall be effective within and upon all county <br /> parks and recreation facilities and shall regulate the use thereof by all <br /> persons. <br /> (Ord. No. 2009-04, § 4, 1-20-09) <br /> Sec. 50-35. - Enforcement. <br /> (a) Enforcement. Duly sworn law enforcement officers with jurisdiction within <br /> the county parks and recreation facilities shall have the duty to enforce this <br /> article. <br /> (b) Detaining a subject. A law enforcement officer may detain a person within <br /> a county park or recreation facility under this article for a reasonable amount <br /> of time to inquire about that person's status as a registered sex offender if <br /> the officer reasonably believes, or has probable cause to believe, that the <br /> person is a registered sex offender who is in violation of this article or has <br /> committed a crime for which the person, if convicted, could be required to <br /> register as a sex offender. Nothing in this section shall limit a law enforcement <br /> officer from running any background check that is currently permissible under <br /> the law. <br /> (Ord. No. 2009-04, § 5, 1-20-09) <br /> Sec. 50-36. - Construction of article. <br /> In the interpretation of this article: <br /> (1) Any term in the singular shall include the plural; <br /> (2) Any term in the masculine shall include the feminine and the neuter; <br /> (3) Any requirement or prohibition of any act shall, respectively, extend <br /> to and include the causing or procuring, directly or indirectly, of such <br /> act; <br /> (4) No provision of this article shall make unlawful any act necessarily <br /> performed by any officer or employee of the county or the department in the <br /> line of duty or work as such, or by any person, his agents or employees, <br /> in the proper and necessary execution of the terms of any agreement of the <br /> county or the department; <br /> (5) This article is in addition to and supplements state law. <br />
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