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1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: December 14, 2021 <br /> Action Agenda <br /> Item No. 8-b <br /> SUBJECT: Second Reading of Amendments of Portions of the Code of Ordinances to <br /> Comply with North Carolina Session Law 2021-138 <br /> DEPARTMENT: County Attorney <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> Resolution of Amendment John Roberts, County Attorney, 245- <br /> Ordinance Amendments 2318 <br /> PURPOSE: To consider the second reading of ordinances having misdemeanors as one of the <br /> available enforcement options and to repeal or re-adopt the misdemeanor provisions as may be <br /> required by law and adopt the proposed amendments and re-adopt existing language as <br /> described. <br /> BACKGROUND: The Board of Commissioners considered the first reading of this item at the <br /> December 6, 2021 Business meeting. As previously reported to the Board of Commissioners, <br /> the North Carolina General Assembly recently passed and the Governor signed into law an act <br /> that prohibits certain local government ordinances from having criminal penalties and requires a <br /> new adoption process for other local government ordinances that have criminal (misdemeanor) <br /> penalties. Part XIII of North Carolina 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 (b 1) of this section, violation of <br /> a county ordinance may be a misdemeanor or infraction as provided by G.S. 14-4 only if <br /> the county specifies such in the ordinance. An ordinance may provide by express <br /> statement that the maximum fine, term of imprisonment, or infraction penalty to be <br /> imposed for a violation is some amount of money or number of days less than the <br /> maximum imposed by G.S. 14-4. Notwithstanding G.S. 153A-45, no ordinance <br /> specifying a criminal penalty may be enacted at the meeting in which it is first <br /> 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 <br /> homes, house trailers, etc. <br />