ARTICLE 4-1
POLICE
Section 1. ORGANIZATION:
The police department of the Town shall consist of a chief and as many police officers as the Town Manager shall
from time to time determine and elect and as many special police officers at the Town Manager may deem
necessary to appoint for special purposes.
Section 2. MANAGER TO HAVE CONTROL:
The Manager may suspend, for cause, any member of the police department until the next regular meeting at which
time final disposition shall be made.
Section 3. UNIFORMS:
All police officers shall wear uniforms as shall be provided by the Town and shall keep such uniforms in a neat and
clean condition, and shall surrender all uniforms and equipment upon leaving the police service of the Town if such
uniforms and equipment were furnished by the Town.
Section 4. DUTIES OF POLICE:
The police department shall carry out all orders of the Manager, enforce all laws and ordinances of the Town and
the State of North Carolina, and shall at all times preserve the peace, protect the property and the safety of the
citizens of Holly Ridge.
Section 5. CHIEF OF POLICE:
The chief shall have control over the police department under the supervision of the Town Manager. The chief shall
keep the Manager informed of the departments activities and make such reports that the manger may from time to
time require, and the chief shall perform such other duties as may be required of him/her by the Manager.
ARTICLE 4-2
CURFEW FOR MINORS
BE IT ORDAINED by the Town Council of the Town of Holly Ridge, North Carolina, that an ordinance governing a
curfew for minors by enacted.
PURPOSE:
(a) The purpose of this ordinance shall be to establish a curfew for minors in the Town of Holly Ridge, thus assisting
the parents and guardians of minors in the ever- increasing difficult task of child rearing, and to promote the health,
safety, and welfare of both minors and adults in the Town of Holly Ridge by creating an environment offering
protection and security for all concerned.
(b) As used in this ordinance the following definitions shall apply:
1. Public Place: Areas such as, but not limited to, all common areas open to all for common use; alleys, streets, or
public places, or places of business and amusement; public vehicular areas, highways, and parks; establishments
open to the public for the conduct of business.
2. Guardian: One who legally has the care and management of the person of a child defined as a minor by this
ordinance.
3. Minor: A person who has not reached his/her sixteenth birthday and is not married, emancipated, or a member of
the armed services of the United States.
( C) a curfew applicable to minors is established and shall be enforced as follows:
SECTION 1. TIME LIMITS:
It is unlawful for any minor to be or remain upon any public place as defined in this ordinance in the Town of Holly
Ridge between midnight Friday and five o’clock a.m. on Sunday, or between the hours of eleven o’clock p.m. and
five o’clock a.m. of the following morning on Sunday, Monday, Tuesday, Wednesday, or Thursday.
SECTION 2. EXCEPTIONS:
The restrictions provided by subsection (c ) 1 shall not apply to any minor who is accompanied by a guardian,
parent, or other responsible person charged with the care and custody of such minor, or other responsible person
over eighteen (18) years of age, nor shall the restriction apply to any minor who is traveling between his home or
place of employment, church, municipal building or school where a function is being held.
SECTION 3. RESPONSIBILITY OF ADULTS:
It is unlawful for any parent, guardian, or other person charged with the care and custody of any minor to allow or
permit such minor to be in or upon, or remain in or upon a public place within the Town of Holly Ridge within the
curfew hours set by subsection (c ) 1, except as otherwise provided in subsection (c ) 2.
SECTION 4. RESPONSIBILITY OF BUSINESS ESTABLISHMENT:
It is unlawful for any person, firm, or corporation operating a place of business or amusement to allow or permit
any minor to be in or upon, or to remain in or upon, any place of business or amusement operated by them within
the curfew hours set by subsection (c ) 1, except as otherwise provided in subsection (c ) 2.
SECTION 5. ENFORCEMENT:
(a) when a minor is found to be in violation of this ordinance, the officer will check the records of the Town of Holly
Ridge Police Department to determine if the minor is a first offender. If the minor is a first offender, he/she will be
taken to the residence of his/her parent or guardian. A verbal warning will be given to that adult and an information
report taken by the officer, to document the violation, and shall include the name of the minor and adult, and the
time, date, and location of the offense. This report will be turned in and filed in the police department juvenile
records files.
(b) If, upon checking the records, the minor is found to be a repeat offender, he/she will be taken to the residence
of his/her parent or guardian and adult will be subject to a criminal citation pursuant to subsection (c ) 6 of this
article. A written police department report will also be completed and filed.
(c ) If the minor is under twelve (12) years of age a report will be made and a copy forwarded to the Onslow County
Department of Social Services.
SECTION 6. AIDING AND ABETTING BY ADULT, GUARDIAN, OR PARENT:
It shall be a violation of this ordinance for an adult, guardian, or parent to allow, permit, encourage, aid or abet a
minor in the violation of subsection (c ) 1 of this ordinance, except as otherwise provided in subsection (c ) 2.
SECTION 7. REFUSAL OF GUARDIAN OR PARENT TO TAKE CUSTODY OF A MINOR:
If any guardian or parent refuses to take custody of his/her child found in violation of this ordinance, the officer with
custody of said minor shall contact the Onslow County Department of Social Services and release the minor to that
agency, pending further investigation by the police department and the Department of Social Services. The adult
will be subject to criminal citation pursuant to subsection (c ) 6 of this article.
SECTION 8. EMERGENCY CURFEW:
Under the authority of N.C.G.S. 14-288.12, whenever the mayor of the Town of Holly Ridge deems that an
emergency exists, and there is a clear and present danger to the preservation of the public peace, health, life, or
safety or to public or private property in the Town necessitating expansion of the curfew provisions set fourth in
subsection (c ) 1, the Mayor may effect such expansion effective for the period of the emergency by proclamation.
The proclamation shall contain a statement of the reasons for such necessity, the period of the expanded curfew,
and provide that no minor under the age of sixteen shall be upon or about public places as defined by this
ordinance in the Town between the hours of 8:00 p.m. and 5:00 a.m. of the following morning unless accompanied
by his/her parent, guardian, or responsible adult. Said proclamation may further provide that no parent or guardian
of any minor under the age of sixteen shall allow the child to be upon or about the Town between the hours of 8:00
p.m. and 5:00 a.m. of the following morning unless the minor is under direction or protection of some adult person
with authority of such parent or guardian for his/her being there. Said proclamation shall become effective thirty
(30) minutes after being publicly announced by the Mayor for the said period or until rescinded by the Mayor or
repealed by the Town Council in the manner in which ordinances are repealed. As soon as is reasonably possible,
the proclamation shall be published and reported in the local media and posted conspicuously about the Town of
Holly Ridge.
SECTION 9. PUNISHMENT:
The punishment for violation of this ordinance shall be a fine of up to $500.00 and/or imprisonment up to six (6)
months.
This ordinance shall be in full force and effect from and after its adoption.
Adopted by the Town of Holly Ridge at its regular meeting, April 14, 1992.
(ordinance effective upon adoption and on file)
ARTICLE 4-3
AN ORDINANCE PROHIBITING THE USE
OF ROLLER SKATES, SKATEBOARDS,
AND OTHER SIMILAR DEVICES UPON
PUBLIC STREETS
WHEREAS, the Mayor and member of the Holly Ridge Town Council had convened for their regularly scheduled
meeting on July 12, 1990.
WHEREAS, the Town Council by and through its officers and agents have become aware of the threat to public
safety and health by the use of roller skates, skateboards, and other similar devices upon public streets.
NOW THEREFORE PURSUANT TO THE PROVISIONS OF NORTH CAROLINA GENERAL STATUES 160-174, BE
IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF HOLLY RIDGE THAT CHAPTER 9-3 OF THE
ORDINANCES OF THE TOWN OF HOLLY RIDGE BE AMENDED TO READ:
Section 6. ROLLER SKATES, SKATEBOARDS, AND OTHER SIMILAR DEVICES PROHIBITED
(A) It shall be unlawful for any person to use for riding, or to ride and roll upon any roller skate, skateboard,
scooter, or similar device in or upon any public street including sidewalks and the confines of the municipal park.
Exceptions may be designated from time to time by the Town Council. (amended 3/11/97)
(b) It shall be unlawful for any person being the parent or guardian of a minor to suffer or permit such minor to
violate subsection (a) of this section
AND BY FURTHER AMENDING CHAPTER 9 TO READ:
Article 4. MISDEMEANOR:
Any person, firm or corporation convicted of a violation of this Article 1 through 3 of this chapter 9 shall be guilty
of a misdemeanor and punished pursuant to the provisions of North Carolina General Statues 14-4.
This ordinance was adopted on the 14th day of August, 1990.
(ordinance effective upon adoption and on file)
ARTICLE 4-4
FIREARMS REGULATED
It shall be unlawful for any person to discharge any firearm of any type within the corporate limits except a police
officer in the performance of his duty.
Amendments to this ordinance are as follows:
1. To allow for the properly supervised discharge of firearms within the confines of a duly Town Council approved
shooting range.
2. To allow the firing of weapons utilizing blank ammunition that are a necessary part in the staging of an event,
show, or other display that requires their use. Subject to a demonstrated need, as will be determined by the Holly
Ridge Chief of Police, who shall have the authority to approve, disapprove, or restrict their use. Persons, groups, or
organizations wishing to conduct any activity involving any part of the above description must submit an application
for a permit to the chief of police at least fifteen (15) days prior to the event, show, or display. (Amended 10/10/89)
ARTICLE 4-5
PARADES, PICKET LINES AND GROUP DEMONSTRATIONS
BE IT ORDAINED BY THE HOLLY RIDGE TOWN COUNCIL OF THE TOWN OF HOLLY RIDGE.
SECTION 1. DEFINITIONS
For the purpose of this ordinance, the following terms shall have the definitions as described:
(a) “Block” is that portion of any street lying between its intersections with other streets.
(b) “Parade” is any parade, march, ceremony, show, exhibition or procession of any kind in or upon the public
streets, sidewalks, alleys, parks, or other public grounds or places.
(c ) “Person” is any person, firm, corporation, partnership, association, or other organization, whether formal or
informal.
(d) “Picket line” is any tow or more persons formed together for the purpose of making known any position or
promotion of such persons, or on behalf of any organization or class of persons.
(e) “Group demonstrations” is any assembly together or concert of action between or among two or more persons
for the purpose of protesting any matter or of making known any position or promotion of such persons, or of, or on
behalf of any organization or class of persons, or for the purpose of attracting attention to such assembly.
SECTION 2. PERMIT REQUIRED
It shall be unlawful for any person to organize, conduct or participate in any parade, picket line or group
demonstration in or upon any street, sidewalk, alley, or other public place within the Town of Holly Ridge unless a
permit therefore has been issued by the Town of Holly Ridge in accordance with the provisions of this ordinance.
SECTION 3. REQUIREMENTS AND ISSUANCE OF PERMITS
The Chief of police or his designee is authorized to issue permits as required in the preceding Section, and in the
issuance thereof he shall;
(a) Require a written application for permit to be filed not less than twenty-four (24) hours in advance of such
parade, picket line, or group demonstration. Such application shall be on a form prescribed by the Chief, shall
require the application to be signed by the applicant or applicants, shall require that the applicant show the
proposed time, place, purpose, and size of such parade, picket line or group demonstration and whether or not any
minors below the age of eighteen (18) years shall participate.
(b) Refuse to issue such permit when the activity or purpose stated in the application would violate any ordinance of
the Town of Holly Ridge or statue of the State, or when the activity or purpose would constitute a clear and present
danger to the public health or safety or would hinder or prevent the orderly movement of pedestrian or vehicular
traffic on the streets, alleys, or sidewalks;
(c ) Specify in the permit whether or not minors below the age of eighteen (18) years will be permitted to participate.
The Chief shall pass upon whether or not such minors may participate, and shall base his determination upon
whether or not the purpose or time or place of the particular activity will be detrimental to or endanger the health,
safety or welfare of such minors, or will interfere with their education;
(d) Require that the application for a permit shall specify and the permit shall designate the person or persons in
charge of the activity. Such person shall be required to accompany the parade, picket line, or group demonstration
and shall carry such permit with him at that time. Such permit shall not be valid in the possession of any other
person;
(e) The permit may set the starting time, duration, speed of travel, and space between persons or vehicles in the
parade, picket line, or group demonstration, may prescribe the portions or areas of streets, alleys, sidewalks, or
other public places to be used; and may impose such other reasonable requirements as the Chief may prescribe for
the control and free movement of pedestrian or vehicular traffic, or for the health, safety and property rights of the
participants and the general public.
(f) Among other considerations, consider and find as a requisite to issuance the following:
(1) The activity will not require excessive diversion of police from other necessary duties;
(2) The activity will not interfere with the right of property owners in the area to enjoy peaceful and lawful
occupancy and use of their property;
(3) The activity can be conducted without reasonable interference with normal pedestrian or vehicular traffic in the
area, and will not prevent normal police and fire protection to the public, and will not be likely to cause injury to
persons or property or to provoke disorderly conduct or to create a public disturbance.
SECTION 4. CERTAIN ACTIVITIES PROHIBITED
The following acts or activities, when performed or undertaken in conjunction with or as a part of, any parade,
picket line, or group demonstration, are hereby prohibited and declared unlawful:
(a) The carrying on or about the person any firearm, or any weapon or article, including but not limited to
blackjacks, nightsticks, or flashlights, which by their use might constitute a deadly weapon;
(b) The taking or keeping of any dog or other vicious animal, whether leashed or unleashed.
SECTION 5. REVOCATION OF PERMIT
The Chief of Police shall revoke any permit granted for a parade, picket line, or group demonstration for any of
the following causes:
(a) The violation by any participant of Section 4 of this ordinance;
(b) The failure to comply with the terms and conditions of the permit;
SECTION 6. INTERFERENCE PROHIBITED.
No person shall hamper, obstruct, impede, or interfere with any parade, picket line, or group demonstration being
conducted under authority of a permit duly issued by the Chief of Police.
SECTION 7. ADDITIONAL REGULATIONS APPLICABLE TO PICKETING
Picket lines and picketing shall be subject to the following additional regulations.
(a) Picketing may be conducted only on the sidewalks reserved for pedestrian movement, and may not be
conducted on a portion of a street used primarily for vehicular traffic;
(b) Not more than ten (10) pickets promoting the same objective shall be permitted to use either of the two
sidewalks within a single block at any one time;
(c ) Pickets may carry written or printed placards or signs not exceeding two (2) feet in width and two (2) feet in
length promoting the objective for which the picketing is done; provided the words used are not derogatory or
defamatory in nature.
(d) Pickets must march in single file and not abreast and not march closer together than fifteen (15) feet, except in
passing one another. Pickets shall not be allowed to walk more than five (5) feet from curb line and shall be in
continuous motion.
(e) If pickets promoting different objectives desire to use the same sidewalk for picketing and such use would result
in the presence of more than ten (10) pickets thereon, the Chief of Police shall allot time to each group of pickets
for the use of such sidewalk on an equitable basis.
SECTION 8. EXCEPTIONS
(a) Funeral processions;
(b) Students going to or from school classes or participating in educational or recreational activity where such
activity is under the supervision and direction of proper school authorities.
(c ) Any governmental agency acting within the scope of its functions.
SECTION 9. ENFORCEMENT
The violation of any provision of this ordinance shall subject the violator to a civil penalty in the amount of
$500.00, to be paid to the Town of Holly Ridge within 24 hours of receipt of notice of the penalty. In addition, the
Town of Holly Ridge may enforce this ordinance by injunctive or other equitable remedies.
SECTION 10. CONFLICTING ORDINANCES REPEALED
All ordinances and/or regulations or parts of ordinances and regulations including any in conflict with this
ordinance are repealed only to the extent necessary to give this amendment full force and effect.
SECTION 11. EFFECTIVE DATE
This ordinance effective upon date of adoption.
This ordinance was adopted on February 3, 1987.
ARTICLE 4-6
ORDINANCE GOVERNING THE RETAIL SALE OF MALT BEVERAGES,
UNFORTIFIED WINE, AND FORTIFIED WINE WITHIN THE CORPORATE
LIMITS OF THE TOWN OF HOLLY RIDGE, NORTH CAROLINA
BE IT ORDAINED by the Town of Holly Ridge Town Council that the following ordinance regulating the retail sale of
malt beverages, unfortified wine, and fortified wine within the corporate limits of the Town of Holly Ridge is hereby
adopted pursuant to the authority granted by the North Carolina General Statues and specifically NCGS 18B-1004
and shall apply to all incorporated areas within the boundaries of the Town of Holly Ridge. This ordinance shall be
known and may be cited as the Town of Holly Ridge “ Malt Beverages and Wine Control Ordinance.”
SECTION 1. HOURS DURING WHICH SALES OF BEER AND WINE ARE PROHIBITED:
It shall be unlawful for any person to sell, or offer for sale, beer and wine in the city from 1:00 o’clock a.m. (2:00 o’
clock a.m. when daylight savings time is observed) on each Sunday until 7:00 o’clock a.m. on the following Monday
for on-premises consumption, and from 1:00 o’clock a.m. (2:00 o’clock a.m. when daylight savings times is
observed) on each Sunday until 1:00 o’clock p.m. on said Sunday for off-premises consumption.
SECTION 2. CONSUMING OR DISPLAYING INTOXICATING LIQUOR OR ALCOHOLIC BEVERAGES
It shall be unlawful for any person to consume or display any intoxicating liquor or alcoholic beverage as defined
by Chapter 18B of the North Carolina General Statues on any public road, alley, street, sidewalk, or highway with
the city.
SECTION 3. DISORDERLY CONDUCT AND PUBLIC NUISANCES
No person shall consume, serve, or drink wine, beer, whiskey, or alcoholic beverages of any kind on the public
streets, boulevards, alleys, or in public buildings.
SECTION 4. FINES AND PENALTIES
Any person, firm, or corporation convicted of a violation of this ordinance shall be guilty of a misdemeanor and
shall upon conviction be punished in addition to any other remedy by a fine of not more than five hundred dollars
($500.00) or by imprisonment of not more than thirty (30) days, or by both such fine and imprisonment.
SECTION 5. CONFLICTING ORDINANCES REPEALED
All ordinances and/or regulations or parts of ordinances and/or regulations in conflict with this ordinance are
repealed only to the extent necessary to give this ordinance full force and effect.
SECTION 6. SEVERABILITY
If any provision to this ordinance or the application thereof to any person circumstances is held to be invalid, such
invalidity shall not affect the other provisions or applications of this ordinance which can be given effect without the
invalid provision or application and to this end the provisions of this ordinance are declared to be severable.
SECTION 7. EFFECTIVE DATE
This ordinance shall become effective February 8, 1983.
(The original ordinance was adopted on February 8, 1983 and on file)
ARTICLE 4-7
AN ORDINANCE TO REGULATE EXCESSIVE NOISE
WHEREAS, the protection of the well-being and tranquility of a community by the reasonable prevention of
disturbing noises is within a Town’s power to control nuisances; and
WHEREAS, the Town Council of the Town of Holly Ridge seeks to protect the citizens of the Town from noises,
amplified speech, music, or other sounds that tend to annoy, disturb, or frighten its citizens.
THEREFORE, PURSUANT to the provisions of NCGS 160A-184. BE IT ORDAINED by the Town Council of the Town
of Holly Ridge as follows at the meeting of that body held on December 29, 1993.
SECTION 1. NOISE
(a) Subject to the provisions of this section, the creation of any unreasonably loud and disturbing noise in the Town
of Holly Ridge is prohibited. Noise of such character, intensity and duration as to be detrimental to the health,
safety, or welfare of any individual is prohibited.
(b) The following acts, among others, are declared to be loud and disturbing noises in violation of this section, but
each enumeration shall not be deemed to be exclusive.
(1) The use of any loud, boisterous or raucous language or shouting so as to annoy or disturb the quiet, comfort
or repose of any person in the vicinity, such that a reasonably prudent person would recognize as likely to
unreasonably disturb persons in the vicinity.
(amended January 10, 1995)
(2) The surrounding of any horn of signal device on any automobile, motorcycle, bus, or other vehicle while not in
motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion only as
a danger signal, the creation by means of any such signal device of any unreasonably loud or harsh sound; and
the sounding of such device for an unreasonable period of time.
(3) The playing of any radio, phonograph, CD player, or any musical instrument in such manner or with such
volume, as to annoy or disturb the quiet, comfort or repose of any person in any dwelling, hotel, other type of
residence, or in an area defined as a “public vehicular area” in NCGS 20-4.01 (32), (see definition after this
section), such that a reasonably prudent person would recognize as likely to disturb the quiet, comfort or repose of
any person in the vicinity to include a person in any business, dwelling, hotel, or other type of residence, or in an
area defined as a “public vehicular area” in NCGS 20-4.01 (32) (amended January 10, 1995)
(4) The keeping any animal which, by causing frequent or long continued noise, shall disturb the comfort and
repose of any person in the vicinity, such that a reasonably prudent person would recognize as likely to
unreasonably disturb persons in the vicinity.
(amended January 10, 1995)
(5) The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such manner as to
create loud grating, grinding, rattling or other noise.
(c ) Penalty. Any person violating any provisions of this chapter shall be subject to a civil penalty of not more than
$500.00 after notification of violation. Each day of a continuing violation shall constitute a separate violation. Any
person who violates any provision of this chapter shall be deemed guilty of a misdemeanor punishable pursuant to
NCGS 14-4. Each day of a continuing violation shall constitute a separate violation.
(d) Conflicting Ordinances Repealed. All ordinances in conflict with this ordinance are repealed only to the extent
necessary to give this ordinance full force and effect.
(e) Severability. If any one or more of the terms, provisions, covenants, or restriction of this ordinance shall be
determined by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms
provisions, covenants and restrictions of this shall remain in full force and effect and shall in no way be affected,
impaired, or invalidated. If, moreover, any one or more of the provisions contained in this competent jurisdiction to
be excessively broad as to duration, geographical scope, activity, or subject, it shall be construed, by limiting or
reducing it, so as to enforceable to the extent compatible with then applicable law.
(f) Effective Date. This ordinance shall become effective upon the 29th day of December, 1993.