GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

S                                                                                                                                                     2

SENATE BILL 292

State and Local Government Committee Substitute Adopted 4/25/17

Short Title:      Ord. Violation/No Auto Misdemeanor.	(Public)
Sponsors:
Referred to:

March 16, 2017

A BILL TO BE ENTITLED

AN ACT providing that violation of a city or county ordinance is not automatically punishable as a misdemeanor or infraction.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 153A‑123 reads as rewritten:

"§ 153A‑123.  Enforcement of ordinances.

…

(b)        Unless the board of commissioners has provided otherwise, Except for the types of ordinances listed in subsection (b1) of this section, violation of a county ordinance is may be a misdemeanor or infraction as provided by G.S. 14‑4.G.S. 14‑4 only if the county specifies such in the ordinance. 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. Notwithstanding G.S. 153A‑45, no ordinance specifying a criminal penalty may be enacted at the meeting in which it is first introduced.

(b1) No ordinance of the following types may impose a criminal penalty:

(1) Any ordinance adopted under Article 18 of this Chapter, Planning and Regulation of Development, except for those ordinances related to unsafe buildings.

(2) Any ordinance adopted pursuant to G.S. 153A‑134, Regulating and licensing businesses, trades, etc.

(3) Any ordinance adopted pursuant to G.S. 153A‑138, Registration of mobile homes, house trailers, etc.

(4) Any ordinance adopted pursuant to G.S. 153A‑140.1, Stream‑clearing programs.

(5) Any ordinance adopted pursuant to G.S. 153A‑143, Regulation of outdoor advertising.

(6) Any ordinance adopted pursuant to G.S. 153A‑144, Limitations on regulating solar collectors.

(7) Any ordinance adopted pursuant to G.S. 153A‑145, Limitations on regulating cisterns and rain barrels.

(8) Any ordinance regulating trees.

…."

SECTION 2.  G.S. 160A‑175 reads as rewritten:

"§ 160A‑175.  Enforcement of ordinances.

…

(b)        Unless the Council shall otherwise provide, Except for the types of ordinances listed in subsection (b1) of this section, violation of a city ordinance is may be a misdemeanor or infraction as provided by G.S. 14‑4.G.S. 14‑4 only if the city specifies such in the ordinance. 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. Notwithstanding G.S. 160A‑75, no ordinance specifying a criminal penalty may be enacted at the meeting in which it is first introduced.

(b1) No ordinance of the following types may impose a criminal penalty:

(1) Any ordinance adopted under Article 19 of this Chapter, Planning and Regulation of Development, except for those ordinances related to unsafe buildings.

(2) Any ordinance adopted pursuant to G.S. 160A‑193.1, Stream‑clearing programs.

(3) Any ordinance adopted pursuant to G.S. 160A‑194, Regulating and licensing businesses, trades, etc.

(4) Any ordinance adopted pursuant to G.S. 160A‑199, Regulation of outdoor advertising.

(5) Any ordinance adopted pursuant to G.S. 160A‑201, Limitations on regulating solar collectors.

(6) Any ordinance adopted pursuant to G.S. 160A‑202, Limitations on regulating cisterns and rain barrels.

(7) Any ordinance adopted pursuant to G.S. 160A‑304, Regulation of taxis.

(8) Any ordinance adopted pursuant to G.S. 160A‑306, Building setback lines.

(9) Any ordinance adopted pursuant to G.S. 160A‑307, Curb cut regulations.

(10) Any ordinance regulating trees.

…."

SECTION 3.  This act becomes effective December 1, 2017, and applies to enforcement of any ordinance by a county or city on or after that date.