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Agenda 12-06-21; 6-a - First Reading of Amendments of Portions of the Code of Ordinances to Comply with North Carolina Session Law 2021-138
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Agenda 12-06-21; 6-a - First Reading of Amendments of Portions of the Code of Ordinances to Comply with North Carolina Session Law 2021-138
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12/2/2021 4:01:27 PM
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12/6/2021
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6-a
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Agenda for December 6, 2021 BOCC Meeting
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2 <br /> (7) Any ordinance adopted pursuant to G.S. 153A-145, Limitations on regulating cisterns <br /> and rain barrels. <br /> (8) Any ordinance regulating trees. <br /> In considering the recommended changes, the Board may wish to examine the full section of the <br /> ordinance in addition to the subsections shown on Attachment 1. Due to the number of sections in need <br /> of amendment or re-adoption, it is not practical to attach the entire 600 plus Code of Ordinances. The <br /> Board and the public may view the Code of Ordinances at this link. Each section may be accessed by <br /> clicking the Chapters linked on the left hand side of the page. <br /> In order to comply with the provisions of subsection (bl) of the session law, the following ordinances <br /> should have the misdemeanor penalties removed from the ordinance. <br /> • Code of Ordinances --- First Reading --- Text Amendments as reflected in Attachment 1 <br /> o Chapter 1; Section 1-7 - General Penalties --- Language amended <br /> o Chapter 8; Section 8-42 — Regulation of Massage Businesses --- Misdemeanor language <br /> replaced by civil penalty <br /> o Chapter 8; Section 8-81 — Tax on Gross Receipts for the lease or rental of motor vehicles <br /> --- Misdemeanor language removed <br /> o Chapter 8; Section 8-100 — Regulation of Sexually Oriented Businesses --- Misdemeanor <br /> language replaced by civil penalty <br /> o Chapter 8; Section 8-122 — Regulation of Mobile Food Vending Businesses --- <br /> Misdemeanor language replaced by civil penalty <br /> o Chapter 18; Section 18-156 — Weapons --- Clarifies possession on County property is a <br /> misdemeanor rather than relying on the general language in Section 1-7 <br /> There is consensus among local government attorneys that the substantial change in the manner in <br /> which ordinances that have a misdemeanor penalty are adopted into law should be addressed by the <br /> governing board, out of an abundance of caution, by re-adopting those provisions under the new <br /> method. The ordinances in the Code that provide for a misdemeanor penalty include the following <br /> sections. <br /> • Code of Ordinances --- First Reading --- No Changes to Language <br /> o Chapter 4; Section 4-42 --- Control of Dangerous Animals <br /> o Chapter 4; Section 4-51 ---Animal Control Generally <br /> o Chapter 4; Section 4-133 --- Display of Wild Animals <br /> o Chapter 4; Section 4-184 --- Keeping Wild Animals <br /> o Chapter 14; Section 14-42 --- State of Emergency <br /> o Chapter 14; Section 14-83 --- Emergency Management <br /> o Chapter 14; Section 14-129 --- Rescue Franchise Agreements <br /> o Chapter 14; Section 14-261 --- Oil Pollution and Hazardous Substances <br /> o Chapter 16; Section 16-37 --- Smoking <br /> o Chapter 16; Section 16-57 --- Noise <br /> o Chapter 24; Section 24-1 --- Hunting and Fishing <br /> o Chapter 24; Section 24-3 --- Firearms Discharge <br /> o Chapter 24; Section 24-4 --- Fireworks Display <br /> o Chapter 34; Section 34-1 --- Disposal of Solid Waste <br /> o Chapter 34; Section 34-47 --- Solid Waste Collection and Disposal <br /> o Chapter 34; Section 34-77 --- Recyclable Materials <br /> o Chapter 36; Section 36-34 --- General Water Conservation <br /> o Chapter 36; Section 36-67 --- Emergency Water Conservation <br />
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