GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
S 1
SENATE BILL 292
Short Title: Ordinance Violation Not a Misdemeanor. |
(Public) |
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Sponsors: |
Senators Lee, J. Jackson, and Britt (Primary Sponsors). |
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Referred to: |
Rules and Operations of the Senate |
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March 16, 2017
A BILL TO BE ENTITLED
AN ACT providing that violation of a city or county ordinance shall not be punishable as a misdemeanor or infraction unless expressly provided by general law.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 14‑4 reads as rewritten:
"§ 14‑4. Violation of local ordinances
misdemeanor.ordinances.
(a) Except as provided in
subsection (b), if any person shall violate Violation of an
ordinance of a county, city, town, or metropolitan sewerage district created
under Article 5 of Chapter 162A, he shall be guilty of a Class 3 Article
5 of Chapter 162A of the General Statutes shall not be punishable as a misdemeanor
and shall be fined not more than five hundred dollars ($500.00). No fine
shall exceed fifty dollars ($50.00) unless the ordinance expressly states
that the maximum fine is greater than fifty dollars ($50.00).provided by
general law.
(b) If any person shall
violate an ordinance of a county, city, or town regulating the operation or
parking of vehicles, he the person shall be responsible for an
infraction and shall be required to pay a penalty of not more than fifty
dollars ($50.00).one hundred dollars ($100.00)."
SECTION 2. G.S. 153A‑123 reads as rewritten:
"§ 153A‑123. Enforcement of ordinances.
...
(b) Unless the board of
commissioners has provided otherwise, violation of a county ordinance is a
misdemeanor or infraction as provided by G.S. 14‑4. An ordinance may
provide by express statement that the maximum fine, term of imprisonment, or
infraction penalty to be imposed for a violation is some amount of money or
number of days less than the maximum imposed by G.S. 14‑4.Violation
of a county ordinance shall not be punishable as a misdemeanor or infraction
unless expressly provided by general law.
...."
SECTION 3. G.S. 160A‑175 reads as rewritten:
"§ 160A‑175. Enforcement of ordinances.
...
(b) Unless the Council
shall otherwise provide, violation of a city ordinance is a misdemeanor or
infraction as provided by G.S. 14‑4. An ordinance may provide by express
statement that the maximum fine, term of imprisonment, or infraction penalty to
be imposed for a violation is some amount of money or number of days less than
the maximum imposed by G.S. 14‑4.Violation of a city ordinance
shall not be punishable as a misdemeanor or infraction unless expressly
provided by general law.
...."
SECTION 4. This act becomes effective July 1, 2017.