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Agenda 12-14-21; 8-b - Second Reading of Amendments of Portions of the Code of Ordinances to Comply with North Carolina Session Law 2021-138
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Agenda 12-14-21; 8-b - Second Reading of Amendments of Portions of the Code of Ordinances to Comply with North Carolina Session Law 2021-138
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12/9/2021 2:40:07 PM
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BOCC
Date
12/14/2021
Meeting Type
Business
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Agenda
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8-b
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Minutes 12-14-2021 Virtual Business Meeting
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\Board of County Commissioners\Minutes - Approved\2020's\2021
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3 <br /> o Chapter 16; Section 16-37 --- Smoking <br /> o Chapter 16; Section 16-57 --- Noise <br /> o Chapter 18; Section 18-119 --- Parking (infraction not a misdemeanor) <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 /> o Unified Development Ordinance — The UDO has provisions that must be amended <br /> and that amendment is addressed through a separate item on this meeting's <br /> agenda. <br /> There has been discussion previously by Board members about the necessity for the <br /> misdemeanor penalty provisions of some ordinances. Contrary to what may be generally <br /> believed, the goal of the penalty sections of the ordinances is compliance rather than <br /> punishment. Generally, a civil citation for a violation would issue prior to any misdemeanor <br /> citation. And for the most part, once the offender is in compliance the civil penalty, if any was <br /> assessed, may be waived in whole or in part depending on the circumstances. Having a <br /> misdemeanor option is another avenue to encourage compliance either through the threat of <br /> enforcement or when a civil penalty fails. The only ordinance violations that regularly involve <br /> misdemeanor penalties are violations of the Animal Control Ordinance. When misdemeanor <br /> violations are charged the outcome is out of the hands of county staff and is decided by the <br /> District Attorney. For these reasons misdemeanor penalties are rarely pursued for violations of <br /> ordinances other than for violations of the Animal Control Ordinance. <br /> FINANCIAL IMPACT: There is no financial impact associated with this item. <br /> SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated <br /> with this item. <br /> ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal <br /> impact associated with this item. <br /> RECOMMENDATION(S): The Manager recommends the Board approve and authorize the <br /> Chair to sign the attached resolution adopting amendments to certain sections of the Code of <br /> Ordinances repealing some misdemeanor penalties and re-adopting other sections of the Code <br /> of Ordinances to comply with newly established standards for adoption of ordinances. <br />
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