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5 <br /> 6. Regular Agenda <br /> a. First Reading of Amendments of Portions of the Code of Ordinances to Comply <br /> with North Carolina Session Law 2021-138 <br /> The Board considered the first reading of ordinances having misdemeanors as one of <br /> the available enforcement options and repealed the misdemeanor provision as may be required <br /> by law. The proposed updates and revisions will be presented for second reading approval at <br /> the Board's December 14, 2021 Business meeting. <br /> BACKGROUND: <br /> As previously reported to the Board of Commissioners, the North Carolina General Assembly <br /> recently passed and the Governor signed into law an act that prohibits certain local government <br /> ordinances from having criminal penalties and requires a new adoption process for other local <br /> government ordinances that have criminal (misdemeanor) penalties. Part XIII of North Carolina <br /> 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 (b1) 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 /> (b1) 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 /> (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 <br /> the ordinance in addition to the subsections shown on Attachment 1. 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 />