Title
City Code Update
Action
Action:
Adopt an ordinance amending the City Code by adding language specific to criminal enforcement.
Body
Committee Chair:
Victoria Watlington, Housing, Safety, and Community Committee
Staff Resource(s):
Shawn Heath, City Manager's Office
Jessica Battle, City Attorney's Office
David Robinson, Police
Explanation
* In September 2021, the NC General Assembly enacted Session Law 2021-138, Senate Bill 300 (SB 300) which, among other changes, made four revisions in how all cities enforce ordinances:
* Eliminated criminal enforcement as a default option (that is, enforcement as a misdemeanor or infraction);
* Prohibited criminal enforcement in certain areas of regulation;
* Required introduction of proposed amendments at one meeting and Council adoption of specific criminal enforcement language at a separate meeting; and
* Created two new defenses against criminal prosecution of ordinance violations.
* The law was effective on December 1, 2021, and applies to offenses and violations committed on or after that date.
* SB 300 did not impact the civil enforcement tools available to cities such as civil citations, civil fines/penalties, and court orders.
* At the March 28, 2022, Council Business Meeting and the April 4, 2022, Council Strategy Session, Council adopted amendments to restore criminal enforcement as an option for violation of certain city ordinances.
* On August 24, 2023, Mayor Vi Lyles issued a policy topic referral to the Housing, Safety, and Community Committee, calling for a review of the Charlotte City Code to evaluate whether the criminal enforcement option should be restored for additional ordinances, to better help our neighborhoods and businesses across the city to thrive.
* Staff evaluated current concerns associated with ordinance enforcement, and a Public Safety and Quality of Life Listening Session was held on September 27, 2023.
* Based on community feedback, revisions to criminal enforcement options for cert...
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