NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 668

SENATE BILL 382

 

 

AN ACT PROHIBITING DISORDERLY CONDUCT.

 

The General Assembly of North Carolina do enact:

 

Section 1.  General Statute 14-288.4 is hereby rewritten so that the same shall hereafter read as follows:

"§ 14-288.4.  Disorderly conduct. — (a) Disorderly conduct is a public disturbance intentionally caused by any person who:

(1)        engages in fighting or other violent conduct or in conduct creating the threat of imminent fighting or other violence; or

(2)        makes or uses any utterance, gesture, display or abusive language which is intended and plainly likely to provoke violent retaliation and thereby cause a breach of the peace; or

(3)        takes possession of, exercises control over, or seizes any building or facility of any public or private educational institution without the specific authority of the chief administrative officer of the institution, or his authorized representative; or

(4)        refuses to vacate any building or facility of any public or private educational institution in obedience to:

a. an order of the chief administrative officer of the institution, or his authorized representative; or

b. an order given by any fireman or public health officer acting within the scope of his authority; or

c. if a state of emergency is occurring or is imminent within the institution, an order given by any law-enforcement officer acting within the scope of his authority; or

(5)        shall, after being forbidden to do so by the chief administrative officer, or his authorized representative, of any public or private educational institution:

a. engage in any sitting, kneeling, lying down, or inclining so as to obstruct the ingress or egress of any person entitled to the use of any building or facility of the institution in its normal and intended use; or

b. congregate, assemble, form groups or formations (whether organized or not), block, or in any manner otherwise interfere with the operation or functioning of any building or facility of the institution so as to interfere with the customary or normal use of the building or facility. As used in this section the term 'building or facility' includes the surrounding grounds and premises of any building or facility used in connection with the operation or functioning of such building or facility.

(b)        Any person who willfully engages in disorderly conduct is guilty of a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00) or imprisonment for not more than six months.

Sec. 2.  Every word, clause, sentence, paragraph, section, or other part of this act shall be interpreted in such manner as to be as expansive as the Constitution of the United States and the Constitution of North Carolina permit.

Sec. 3.  If any word, clause, sentence, paragraph, section, or other part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof.

Sec. 4.  This act shall take effect upon its ratification.

In the General Assembly read three times and ratified, this the 25th day of June, 1971.