§ 36-4. Harassment in public spaces prohibited.

(a)

Purpose and intent.

(1)

The city is empowered, pursuant to G.S. 160A-174, to protect the health, safety and welfare of its citizens and to ensure the peace and dignity of the city. It is the intent of council in enacting this ordinance to recognize the rights of all citizens while at the same time protecting the coexistent rights for all citizens to enjoy safe and convenient travel in public spaces free from harassment. In the course of public hearings and debates regarding solicitation and safety in public spaces in Hendersonville, the city recognizes that the dangerous effects of harassment may occur in the commission of or completely separate from an act of solicitation, where such conduct occurs in public spaces and includes following a person or cornering a person for the purpose of intimidating that person.

(2)

The current state laws on stalking and harassment do not protect individuals who are harassed in public spaces where such harassment is confined to a single occasion but is also dangerous or intimidating. Such harassment causes intimidation and fear and may result in an interaction with dangerous or violent consequences. Free and safe passage on city sidewalks and streets is necessary. Therefore, the following ordinance intends to address harassment on sidewalks and streets by penalizing the following conduct.

(b)

Definitions. The following definitions apply in this section:

(1)

Public space means streets, sidewalks, alleys, and other public property, as well as city-owned and city-controlled property.

(2)

Reasonable person means a reasonable person in the same or similar circumstances.

(c)

Offense. A person is guilty of harassment in a public space if the person:

(1)

Knowingly and intentionally performs either of the following with no legitimate purpose:

i.

Following an individual in or about a public space with the intent of threatening, intimidating, or causing fear for personal safety; or

ii.

Surrounding an individual or intentionally and physically directing the individual's movement through or in a public space with the intent of threatening, intimidating, or causing fear for personal safety. This subsection includes crowding or cornering an individual with the intent of threatening, intimidating, or causing fear for personal safety and without that individual's consent as the individual is actively engaging or attempting to use an automated teller machine or parking meter and the individual must stand within the public space to access the automated teller machine or parking meter;

(2)

The conduct described in subsection (c)(1)(i) or (ii) is directed at an individual in the individual's presence; and

(3)

The person continues the conduct described in subsection (c)(1)(i) or (ii) after the individual to whom the conduct is directed has made a negative oral response or taken action that a reasonable person would understand as a negative response.

(Ord. No. 19-0651, § 1, 6-6-15)