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 Setback Lines
§ Curb Cuts Regulation
- Chapter 21 - Trees
- Chapter 22 - Vehicles for Hire
§ Taxis
- Zoning Ordinance
§ Outdoor Advertising
- Zoning Ordinance and Other Chapters
§ Land Use (planning & regulation ordinances)
- *Solar Collectors and Cisterns and Rain Barrels are not specifically addressed in Chapter 18, but are eliminated from criminal enforcement in SB300 for future reference.
§ The City Attorney recommends revisions to the General Penalties Section of the Code and the following sections were identified to restore criminal enforcement as an option:
- Chapter 3 - Animals
§ Animal Bites
§ Biting or Attacking Animals
§ Nuisance
- Chapter 4 - Aviation
§ Commercial Permits
§ Ground Transportation and Permits
- Chapter 6 - Business and Trades
§ Dancehalls (permits, minors)
- Chapter 8 - Fire Prevention and Protection
§ Fire Code Violations
- Chapter 10 - Health and Sanitation
§ Public Health Nuisances
- Chapter 14 - Motor Vehicles and Traffic
§ Playing or Loitering About Railroad Property
- Chapter 15 - Offenses and Miscellaneous Provisions
§ Shooting (within city limits)
§ Possession of Dangerous Weapons (on City property)
§ State of Emergency
§ Noise
§ Youth Protection/Juveniles
§ Carnivals
§ Camping (on public property)
§ Kindling Bonfires (on City property)
Attachments
Attachment(s)
Ordinance - Blackline draft