Title
City Code Update
Action
Action:
Adopt an ordinance amending the City Code by adding language specific to criminal enforcement.
Body
Staff Resource(s):
Patrick Baker, City Attorney's Office
Lina James, City Attorney's Office
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.
* On February 14, 2022, staff introduced and presented this legislation to City Council with proposed ordinance recommendations; Council directed the City Attorney's Office to bring final recommendations to Council at the February 28, 2022 Business Meeting.
* Certain prohibited sections/chapters may be revised as part of the UDO process, including revisions to conform to SB300.
* Proposed amendments would be effective upon Council adoption.
Proposed Amendments
* The following sections eliminate criminal enforcement as prohibited by SB 300:
* Chapter 6 - Business and Trades
* Sexually Oriented Businesses
* Tryon Street Vendors
* Towing
* Hotels and Motels
* Chapter 13 - Licenses (business permits)
* Chapter 18 - Stormwater
* Stream Clearing
* Solar Collectors*
* Cisterns and Rain Barrels*
* Chapter 19 - Streets, Sidewalks, and Other Public Places and Zoning Ordinance
* Building Setbac...
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