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2 <br /> (4) Any ordinance adopted pursuant to G.S. 153A-140.1, Stream-clearing <br /> programs. <br /> (5) Any ordinance adopted pursuant to G.S. 153A-143, Regulation of outdoor <br /> advertising or, its successor, G.S. 160D-912, Outdoor advertising. <br /> (6) Any ordinance adopted pursuant to G.S. 153A-144, Limitations on regulating <br /> solar collectors or, its successor, G.S. 160D-914, Solar collectors. <br /> (7) Any ordinance adopted pursuant to G.S. 153A-145, Limitations on regulating <br /> cisterns 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 the attachment. Due to the number of <br /> sections in need of amendment or re-adoption, it is not practical to attach the entire 600 plus <br /> Code of Ordinances. The Board and the public may view the Code of Ordinances at this link. <br /> Each section may be accessed by clicking the Chapters linked on the left hand side of the page. <br /> In order to comply with the provisions of subsection (b1) of the session law the following <br /> ordinances should have the misdemeanor penalties removed from the ordinance. <br /> • Code of Ordinances --- Second Reading --- Text Amendments as reflected in Attachment <br /> 1 <br /> o Chapter 1; Section 1-7 — General Penalties --- Language amended <br /> o Chapter 4; Section 4-51 — Animal Control Generally --- Clarifies that not all <br /> violations of the Animal Control Ordinance are intended to automatically be <br /> misdemeanors <br /> o Chapter 8; Section 8-42 — Regulation of Massage Businesses --- Misdemeanor <br /> language replaced by civil penalty <br /> o Chapter 8; Section 8-81 — Tax on Gross Receipts for the lease or rental of motor <br /> vehicles --- Misdemeanor language removed <br /> o Chapter 8; Section 8-100 — Regulation of Sexually Oriented Businesses --- <br /> Misdemeanor 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 /> There is consensus among local government attorneys that the substantial change in the <br /> manner in which ordinances that have a misdemeanor penalty are adopted into law should be <br /> addressed by the governing board, out of an abundance of caution, by re-adopting those <br /> provisions under the new method. The ordinances in the Code that provide for a misdemeanor <br /> penalty include the following sections. <br /> • Code of Ordinances --- Second Reading --- No Changes to Language <br /> o Chapter 4; Section 4-42 --- Control of Dangerous Animals <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 />