Morganton enacts public space curfew to address crime

Just since January 2023, Morganton Public Safety has received 288 calls for service at the old courthouse square, ranging from vandalism to public sex acts. An amendment to the code of ordinances intends to lessen these occurrences, 40% of which happen at night.

The amendment, unanimously approved by city council, restricts people from occupying, camping, or sleeping in all city-owned and run parks and public places from 10 p.m. to 7 a.m. Any items that are left behind during these hours can be discarded. The amendment also clarifies that city parking lots are for parking and associated activities only.

Armed subjects, vandalism, domestic violence, assaults, harassment or threats made, indecent exposure to include public sex acts, intoxicated subjects, overdoses, and urinating in public are all incidents that officers have responded to at the courthouse square.

Chief Ryan Lander said the primary concern is the courthouse square, though similar problems occur in other areas such as Martha’s Park on Collett Street and the mini park at the intersection of West Union and King streets. The new amendment won’t affect Morganton Skatepark, which already closes at 10 p.m.

“Some of the vandalism, what we’ve encountered is broken toilets, broken sinks, human feces on the ground, human feces on the walls, and the list can go on and on,” Lander said, also adding that approximately 40% of all crimes committed in the U.S. are reported to the police. So, he said, the crime, in reality, is a lot higher than the 288 calls.

After reaching out to other law enforcement organizations throughout the state, Lander used the same ordinance that New Hanover County has for its parks and public spaces. Lander said New Hanover County, whose county seat is Wilmington with a population of over 125,000 people, has seen a major improvement in the cleanliness of its parks and public spaces since adopting the ordinance.

In June 2024, the U.S. Supreme Court ruled in City of Grants Pass (Ore.) v. Johnson that local governments do not violate the 8th Amendment’s restriction on cruel and unusual punishment when they prohibit camping on public property, even when shelter options are limited. Since that ruling, local governments have been passing camping bans or expanding existing camping bans.

New Hanover County passed its ordinance before the ruling in February 2023 in order to target the county-owned library parking deck in Downtown Wilmington and the parking deck on Second Street, two areas where unhoused people frequently slept, according to Port City Daily. Concerns in those areas included lack of cleanliness and public safety concerns.

But before implementation, there’s an educational component that will inform community members by installing signage in the public areas and supplying people with flyers that include rules as well as resources for housing, mental health, and substance abuse help.

New Hanover County educated the public about the ordinance for two weeks and then began strict enforcement. Lander said he hopes to mirror the southeastern county’s steps, but allow Morganton to have a longer educational period, which will start immediately. Strict enforcement is expected to begin on Oct. 1.

“The reason that the educational component is so long is because I don’t want to arrest community members,” Lander said. “It is to give them every opportunity to understand what was passed, find other avenues, other resources, then to seek assistance.”

What enforcement will look like will vary based on the circumstances. Officers will have discretion to write a citation or make an arrest and take the individual to the magistrate’s office.

“I think a lot of discretion comes into play here with the officers,” Lander said. “For instance, if it’s a new community member that isn’t aware of what’s going on, or maybe doesn’t see a sign, then they get a warning, and you educate them on that. But we have individuals that frequent that place very often, and they should know, with almost 60 days of an educational component, that they shouldn’t be there.”