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5 <br /> 1 a. First Reading of Amendments of Portions of the Code of Ordinances to Comply <br /> 2 with North Carolina Session Law 2021-138 <br /> 3 The Board considered the first reading of ordinances having misdemeanors as one of <br /> 4 the available enforcement options and repealed the misdemeanor provision as may be required <br /> 5 by law. The proposed updates and revisions will be presented for second reading approval at <br /> 6 the Board's December 14, 2021 Business meeting. <br /> 7 <br /> 8 BACKGROUND: <br /> 9 As previously reported to the Board of Commissioners, the North Carolina General Assembly <br /> 10 recently passed and the Governor signed into law an act that prohibits certain local government <br /> 11 ordinances from having criminal penalties and requires a new adoption process for other local <br /> 12 government ordinances that have criminal (misdemeanor) penalties. Part XIII of North Carolina <br /> 13 Session Law 2021-138 reads in pertinent part: <br /> 14 <br /> 15 § 153A-123. Enforcement of ordinances. <br /> 16 <br /> 17 (b)Except for the types of ordinances listed in subsection (b 1) of this section, violation of <br /> 18 a county ordinance may be a misdemeanor or infraction as provided by G.S. 14-4 only if <br /> 19 the county specifies such in the ordinance. An ordinance may provide by express <br /> 20 statement that the maximum fine, term of imprisonment, or infraction penalty to be <br /> 21 imposed for a violation is some amount of money or number of days less than the <br /> 22 maximum imposed by G.S. 14-4. Notwithstanding G.S. 153A-45, no ordinance <br /> 23 specifying a criminal penalty may be enacted at the meeting in which it is first <br /> 24 introduced. <br /> 25 <br /> 26 (b 1) No ordinance of the following types may impose a criminal penalty.- <br /> 27 <br /> enalty.27 (1) Any ordinance adopted under Article 18 of this Chapter, Planning and <br /> 28 Regulation of Development or, its successor, Chapter 160D of the General <br /> 29 Statutes, except for those ordinances related to unsafe buildings. <br /> 30 (2) Any ordinance adopted pursuant to G.S. 153A-134, Regulating and licensing <br /> 31 businesses, trades, etc. <br /> 32 (3) Any ordinance adopted pursuant to G.S. 153A-138, Registration of mobile <br /> 33 homes, house trailers, etc. <br /> 34 (4) Any ordinance adopted pursuant to G.S. 153A-140.1, Stream-clearing <br /> 35 programs. <br /> 36 (5) Any ordinance adopted pursuant to G.S. 153A-143, Regulation of outdoor <br /> 37 advertising or, its successor, G.S. 160D-912, Outdoor advertising. <br /> 38 (6) Any ordinance adopted pursuant to G.S. 153A-144, Limitations on regulating <br /> 39 solar collectors or, its successor, G.S. 160D-914, Solar collectors. <br /> 40 (7) Any ordinance adopted pursuant to G.S. 153A-145, Limitations on regulating <br /> 41 cisterns and rain barrels. <br /> 42 (8) Any ordinance regulating trees. <br /> 43 <br /> 44 In considering the recommended changes, the Board may wish to examine the full section of <br /> 45 the ordinance in addition to the subsections shown on Attachment 1. Due to the number of <br /> 46 sections in need of amendment or re-adoption, it is not practical to attach the entire 600 plus <br /> 47 Code of Ordinances. The Board and the public may view the Code of Ordinances at this link. <br /> 48 Each section may be accessed by clicking the Chapters linked on the left hand side of the page. <br /> 49 <br /> 50 In order to comply with the provisions of subsection (b1) of the session law, the following <br /> 51 ordinances should have the misdemeanor penalties removed from the ordinance. <br />