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Morganton adopts ordinance restricting overnight use of city public spaces after council approves educational period
Summary
The City Council adopted an amendment to Part 8, Offenses, Chapter 1 of the code of ordinances to restrict presence in city-owned public spaces during overnight hours; police will implement a month-long education period followed by enforcement beginning Oct. 1.
The Morganton City Council on Aug. 4 approved an ordinance amending Part 8, Offenses, Chapter 1 of the city code to restrict presence in city-owned public spaces during specified overnight hours and to allow signage and removal of personal property left in violation of the restriction.
Chief Ryan, the city’s interim police chief, described the proposal as an attempt to "reeducate what reasonable expectations are for our community members" and said the department has responded to 288 calls for service at the Square since Jan. 1, 2023. "Forty percent of the 288 calls that were reported to us occurred at night between 9PM and 6 in the morning," Chief Ryan said as he outlined the city’s plan.
The ordinance follows a model used by New Hanover County, which combined signage, an educational outreach period and then strict enforcement. Chief Ryan outlined a three-part approach for Morganton: erect signs stating the hours of restriction, conduct an extended educational campaign (September was designated as the education month), and begin enforcement on Oct. 1. During the education phase staff will distribute flyers listing local resources for housing, mental-health and substance-use assistance.
Council members asked about enforcement and penalties. Chief Ryan said officers will use discretion and that initial contacts will generally be warnings during the education month. If the ordinance proceeds to enforcement, officers may issue citations or, in more serious cases, take custody of individuals for magistrate-review and booking. "We can arrest by through citation or actually put them in handcuffs and take them to the Magistrate's Office," Chief Ryan said.
The motion approved by the council authorized the Department of Public Safety to post signage consistent with the ordinance and added the ordinance to the city's code. The motion passed by voice vote.
Ending
City officials said the educational period is meant to reduce arrests by informing people of both the new rules and available community resources before citations or arrests begin.
