NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 860

HOUSE BILL 802

AN ACT TO RESTRICT THE PRESENCE OF CERTAIN PERSONS ON THE CAMPUSES OF STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING AND TO REGULATE THE USE OF SOUND-AMPLIFYING EQUIPMENT.

The General Assembly of North Carolina do enact:

Section 1.  The Chancellor or President of any State-supported institution of higher learning may designate periods of time during which the campuses of such institutions and designated buildings and facilities connected therewith are off-limits and subject to a curfew as to all persons who are not faculty members, staff personnel, currently enrolled students of that institution, local law enforcement officers, members of the National Guard on active duty, members of the General Assembly, the Governor of North Carolina and/or his designated agents, persons authorized by the chief administrative officer of the institution or his designated agent, and any person who satisfactorily identifies himself as a reporter for any newspaper, magazine, radio or television station. Any person not herein authorized who comes onto or remains on said campus in violation of this Section shall be punished as hereinafter set out in Section 3.

Sec. 2.  Any person who during such period of curfew utilizes sound‑amplifying equipment of any kind or nature upon the premises subject to such curfew in an educational, administrative building, or in any facility owned or controlled by the State or a State institution of higher learning, or upon the campus or grounds of any such institution, without the permission of the administrative head of the institution or his designated agent, shall be guilty of a misdemeanor and punished as hereinafter set forth. For the purposes of this Section the term "sound-amplifying equipment" shall mean any device, machine, or mechanical contrivance which is capable of amplifying sound and capable of delivering an electrical input of one or more watts to the loudspeaker, but this Section shall not include radios and televisions.

Sec. 3.  Any person convicted of violating any provision or Section of this Act, or who shall enter a plea of guilty to such violation or a plea of nolo contendere, shall be fined not exceeding five hundred dollars ($500.00) or imprisoned not exceeding six months, or both such fine and imprisonment, in the discretion of the court.

Sec. 4.  If any clause or clauses of this Act are held to be in violation of the Constitution of the United States or the Constitution of North Carolina, such clauses shall be stricken and the remainder shall continue to be in full force and effect.

Sec. 5.  All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 6.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 16th day of June, 1969.