James Launches Preemptive Strike To Prevent #Occupy MeckCo – UPDATE: County Officials Respond
Disgruntled with the ongoing Occupy Charlotte encampment in front of the old City Hall building, Mecklenburg Commissioner Bill James is looking for ways to prevent the same type of occupation from occurring on county-owned property.
“I would like to know if we have a regulation for County Parks that prohibits protests from going through the night (limiting any permit in any COUNTY park to up to some specific end time after dark),” James wrote in an email to County Manager Harry Jones. “Each day, they would have to clear out at nightfall. Each protest would require a separate permit and a separate fee appropriate to the size and risk of the event. An comparable example of this is the rule prohibiting ‘sleeping’ on the mall in Washington, DC.
“It is wholly inappropriate,” James continued, “to allow permits for protests that extend 24/7 without any limit and result in mobs setting up tents in County parks or on County property attempting to use a lack of clarity in the City’s rules to, in effect, ‘seize’ and ruin county property.”
Noting that most public green space in Charlotte is actually county parks and greenways, James goes on to propose a county ordinance “like the one banning sex offenders from County parks” to be adopted “to regulate activity in County parks to prevent 24/7 occupation.”
As part of a possible preemptive solution, James suggests “an ID requirement and a fee to use County parks” for people who don’t have valid Mecklenburg County residency, allowing “the police to ask for ID of the individuals in our Parks and greenways and use that if crimes were to occur.”
I don’t know the specifics or potential bureaucratic interpretations of the county’s park ordinances, but a quick review indicates they might already address some of James’s concern:
SECTION 23: No camp shall be maintained in any park except under permit, and under such conditions, at such places, and for such periods as may be designated by the Director.
SECTION 31: The Director shall have the authority for establishing opening and closing hours of all parks. It shall be unlawful for any person to fail to leave a park prior to the posted closing time for that park. No person shall enter an area posted as “Closed to the Public” or where the entrance gates are closed, or enter a park after the posted closing time for that park, to include all attached parking areas to any park.
SECTION 32: Any section or part of a park may be declared closed to the public by the Director at any time and for any period of time as the Director deems in the best interest of the public or the County.
SECTION 41: No person shall construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such lands, except on special written permit issued hereunder.
In any case, James email was prompted by one that Commissioner Neil Cooksey had sent to Jones, seeking clarification on the city’s and county’s roles, responsibilities and responses to the Occupy Charlotte movement:
I have some questions about the current protests that are going on uptown under the guise of “Occupy Charlotte.” Depending on the answers to these questions I am considering seeking to put this on the Agenda for an upcoming BOCC meeting. My questions are as follows:
1. Who owns the land that the Occupy Charlotte protesters are using?
2. What regulations apply to the use that land? Specifically, are there hour restrictions on the publics’ ability to access the land? What behaviors are permitted or prohibited on that land?
3. What steps have been taken to enforce the regulations that apply to the use of the land? How many citations have been issued or arrests been made that relate to the protestors?
4. How much have the protesters cost the County in extra resources since the “occupation” began? What is the estimated ongoing tab to provide additional services?
5. What is the County’s ability to adopt reasonable use restrictions for similar land in light of the coming of the DNC to Charlotte next year?
In response, Jones informed that the “Occupy Charlotte group is using land owned by the City of Charlotte at Old City Hall,” and that answers to Cooksey’s other city-centric questions would “require appropriate city agency responses.” Jones didn’t address what, if any, cost the county has shouldered since the “occupation” began, and offered no opinion on the county’s ability to adopt “reasonable use restrictions” for county-owned land.
UPDATE: Not sure about an answer to Cooksey’s question about how much the Occupation has cost the county, but the city’s tab rolls in around $92,000; that’s about $3,500 a day – and counting.
UPDATE II: Deputy County Attorney Tyrone Wade fills in some of the blanks, with a response to Cooksey’s questions (Wade’s text in blue; Cookey’s original in black):
From: Wade, Tyrone C.
Sent: Thursday, October 27, 2011 9:03 AM
To: Cooksey, Neil; Garges, James R; Roberts, Jennifer; Pendergraph, Jim; James, Bill; Dunlap, George; Bentley, Karen; Clarke, Dumont; Leake, Vilma; Bethune, Marvin; McGillicuddy, John; Shields, Bobbie; Lancaster, Michelle; Jones, Harry L.; Cogdell, Harold
Subject: Occupy Charlotte
Commissioners: Please find below responses to the questions raised by Commissioners Cooksey and James. I am also attaching, for your benefit, a copy of the County’s 2009 Park and Recreation Facilities Ordinance and a copy of the operation hours for parks and recreation ball fields. Please note the following particular prohibitions, unless permitted to do so, prohibition against: Camping (section 23), Fires or other lighted materials (section 30), comply with hours of operations (section 32), Selling, Soliciting, Exhibiting, or Demonstrations for any purpose (section 34), Sleeping on seats tables or benches (section 40), and Erecting any type of structures on park property (section 41). The responses dealing with city property are from the City Manager.
If you have questions, please let me know. Thank you.
I have some questions about the current protests that are going on uptown under the guise of “Occupy Charlotte.” Depending on the answers to these questions I am considering seeking to put this on the Agenda for an upcoming BOCC meeting. My questions are as follows:
1. Who owns the land that the Occupy Charlotte protesters are using? The City of Charlotte. They are on the front lawn of old City Hall, 600 E. Trade Street.
2. What regulations apply to the use that land? Virtually none. Only routine laws apply, like no public urination, etc. Specifically, are there hour restrictions on the publics’ ability to access the land? No. What behaviors are permitted or prohibited on that land? They can peaceably congregate, as long as they don’t violate the laws referenced in the first part of this question.
3. What steps have been taken to enforce the regulations that apply to the use of the land? None, other than enforcing the law, because there are currently no regulations that apply. There is no City ordinance against congregating on City-own land. How many citations have been issued or arrests been made that relate to the protestors? As of Friday, only 2 that I know of and those were for public urination and blocking the street/sidewalk).
4. How much have the protesters cost the County in extra resources since the “occupation” began? What is the estimated ongoing tab to provide additional services? There have been no extra costs or resources to the county attributable to the protest.
5. What is the County’s ability to adopt reasonable use restrictions for similar land in light of the coming of the DNC to Charlotte next year? See attached Park and Recreation Ordinance. There are fines and enforcement mechanisms built into the county ordinance (see section 46 Enforcement)
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