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File #: 15-17543    Version: 1 Name:
Type: Policy Item Status: Approved
File created: 3/3/2022 In control: City Council Business Meeting
On agenda: 3/28/2022 Final action: 3/28/2022
Title: City Code Update
Attachments: 1. Draft Ordinance - combined final (blackline 3-28-2022)

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 SB 300.

§                     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

-                     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 the City Code, but are eliminated from criminal enforcement in SB 300 for future reference.

§                     The City Attorney recommends revisions to the General Penalties Section of the Code (Sec. 2-21) and the following sections were identified to restore criminal enforcement as an option:

-                     Chapter 3 - Animals

§                     Enforcement (Sec. 3-33)

-                     Chapter 4 - Aviation

§                     Commercial Permits (Sec. 4-32)

§                     Penalties for Violations (Sec. 4-110)

                     Ground Transportation and Permits

-                     Chapter 6 - Business and Trades

§                     Penalties and remedies (Sec. 6-270)

                     Dancehalls (permits, minors)

-                     Chapter 8 - Fire Prevention and Protection

§                     Penalties (Sec. 8-5)

                     Fire Code Violations

-                     Chapter 10 - Health and Sanitation

§                     Authority (Sec. 10-100)

                     Public Health Nuisances

-                     Chapter 14 - Motor Vehicles and Traffic

§                     Playing or Loitering About Railroad Property (Sec. 14-325)

-                     Chapter 15 - Offenses and Miscellaneous Provisions

§                     Shooting (Sec. 15-13)

§                     Possession of Dangerous Weapons (Sec. 15-14)

§                     State of Emergency (Sec. 15-20)

§                     Camping (Sec. 15-26)

§                     Kindling Bonfires (Sec. 15-30)

§                     Noise

                     Enforcement and Penalties (Sec. 15-68)

§                     Youth Protection

                     Penalties (Sec. 15-157)

§                     Carnivals

                     Violations; penalty (Sec. 15-251)

 

Attachments

Attachment(s)

Ordinance - Blackline draft