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Agenda - 02-25-1991
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Agenda - 02-25-1991
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11/8/2017 2:24:38 PM
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BOCC
Date
2/25/1991
Meeting Type
Public Hearing
Document Type
Agenda
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1 •l i <br /> 163 <br /> ARTICLE 6. <br /> Delegation and Exercise of the General Police <br /> s <br /> Power. <br /> § 153A-121. General ordinance-making power. <br /> (a) A county may by ordinance define, regulate, prohibit, or <br /> abate acts, omissions, or conditions detrimental to the health, <br /> safety, or welfare of its citizens and the peace and dignity of the <br /> county; and may define and abate nuisances. <br /> (b) This section does not authorize a county to regulate or control <br /> vehicular or pedestrian traffic on a street or highway under the <br /> control of the Board of Transportation, nor to regulate or control <br /> any right-of-way or right-of-passage belonging to a public utility, <br /> electric or telephone membership corporation, or public agency of <br /> the State. In addition, no county ordinance may regulate or control <br /> a highway right-of-way in a manner inconsistent with State law or <br /> an ordinance of the Board of Transportation. <br /> (c) This section does not impair the authority of local boards of <br /> health to adopt rules and regulations to protect and promote public <br /> health. <br /> § 153A-122. Territorial jurisdiction of county ordi- <br /> nances. <br /> Except as otherwise provided in this Article,the board of commis- <br /> sioners may make any ordinance adopted pursuant to this Article <br /> applicable to any part of the county not within a city. In addition, <br /> the governing board of a city may by resolution permit a county <br /> ordinance adopted pursuant to this Article to be applicable within <br /> the city.The city may by resolution withdraw its permission to such <br /> an ordinance. If it does so, the city shall give written notice to the <br /> county of its withdrawal of permission; 30 days after the day the <br /> county receives this notice the county ordinance ceases to be appli- <br /> cable within the city. <br /> § 153A-123. Enforcement of ordinances. <br /> (a) A county may provide for fines and penalties for violation of <br /> its ordinances and may secure injunctions and abatement orders to <br /> s further insure compliance with its ordinances, as provided by this <br /> section. <br /> (b) Unless the board of commissioners has provided otherwise, <br /> violation of a county ordinance is a misdemeanor or infraction as <br /> provided by G.S. 14-4. An ordinance may provide by express state- <br /> ment that the maximum fine, term of imprisonment, or infraction <br /> penalty to be imposed for a violation is some amount of money or <br /> number of days less than the maximum imposed by G.S. 14-4. <br /> (c) An ordinance may provide that violation subjects the offender <br /> to a civil penalty to be recovered by the county in a civil action in <br /> the nature of debt if the offender does not pay the penalty within a <br /> prescribed period of time after he has been cited for violation of the <br /> ordinance. <br /> (d) An ordinance may provide that it may be enforced by an <br /> appropriate equitable remedy issuing from a court of competent <br /> jurisdiction. In such a case, the General Court of Justice has juris- <br /> diction to issue any order that may be appropriate, and it is not a <br /> defense to the county's application for equitable relief that there is <br /> ilk an adequate remedy at law. <br /> (e) An ordinance that makes unlawful a condition existing upon <br /> or use made of real property may provide that it may be enforced by <br /> injunction and order of abatement,and the General Court of Justice <br />
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