Orange County NC Website
Browse       Search
1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: December 6, 2021 <br /> Action Agenda <br /> Item No. 6-a <br /> SUBJECT: First Reading of Amendments of Portions of the Code of Ordinances to Comply <br /> with North Carolina Session Law 2021-138 <br /> DEPARTMENT: County Attorney <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> 1) Ordinance Amendments John Roberts, County Attorney, 245- <br /> 2318 <br /> PURPOSE: To consider the first reading of ordinances having misdemeanors as one of the available <br /> enforcement options and to repeal the misdemeanor provision as may be required by law. If approved <br /> on first reading, the proposed updates and revisions will be presented for second reading approval at the <br /> Board's December 14, 2021 Business meeting. <br /> BACKGROUND: As previously reported to the Board of Commissioners, the North Carolina General <br /> Assembly recently passed and the Governor signed into law an act that prohibits certain local <br /> government ordinances from having criminal penalties and requires a new adoption process for other <br /> local government ordinances that have criminal (misdemeanor) penalties. Part XIII of North Carolina <br /> Session Law 2021-138 reads in pertinent part: <br /> § 153A-123. Enforcement of ordinances. <br /> (b)Except for the types of ordinances listed in subsection (b1) of this section, violation of a county <br /> ordinance may be a misdemeanor or infraction as provided by G.S. 14-4 only if the county <br /> specifies such in the ordinance. An ordinance may provide by express statement that the <br /> maximum fine, term of imprisonment, or infraction penalty to be imposed for a violation is some <br /> amount of money or number of days less than the maximum imposed by G.S. 14-4. <br /> Notwithstanding G.S. 153A-45, no ordinance specifying a criminal penalty may be enacted <br /> at the meeting in which it is first introduced. <br /> (b 1) No ordinance of the following types may impose a criminal penalty: <br /> (1) Any ordinance adopted under Article 18 of this Chapter, Planning and <br /> Regulation of Development or, its successor, Chapter 160D of the General <br /> Statutes, except for those ordinances related to unsafe buildings. <br /> (2) Any ordinance adopted pursuant to G.S. 153A-134, Regulating and licensing <br /> businesses, trades, etc. <br /> (3) Any ordinance adopted pursuant to G.S. 153A-138, Registration of mobile homes, <br /> house trailers, etc. <br /> (4) Any ordinance adopted pursuant to G.S. 153A-140.1, Stream-clearing programs. <br /> (5) Any ordinance adopted pursuant to G.S. 153A-143, Regulation of outdoor advertising <br /> or, its successor, G.S. 160D-912, Outdoor advertising. <br /> (6) Any ordinance adopted pursuant to G.S. 153A-144, Limitations on regulating solar <br /> collectors or, its successor, G.S. 160D-914, Solar collectors. <br />