GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

S                                                                                                                                                    D

SENATE BILL DRS45207-LM-3D   (10/03)

 

 

 

Short Title:      Ordinance Violation Not a Misdemeanor.

(Public)

Sponsors:

Senators Lee, J. Jackson, and Britt (Primary Sponsors).

Referred to:

 

 

A BILL TO BE ENTITLED

AN ACT providing that violation of a city or county ordinance shall not be punishable as a misdemeanor or infraction unless expressly provided by general law.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 14‑4 reads as rewritten:

"§ 14‑4.  Violation of local ordinances misdemeanor.ordinances.

(a)        Except as provided in subsection (b), if any person shall violate Violation of an ordinance of a county, city, town, or metropolitan sewerage district created under Article 5 of Chapter 162A, he shall be guilty of a Class 3 Article 5 of Chapter 162A of the General Statutes shall not be punishable as a misdemeanor and shall be fined not more than five hundred dollars ($500.00). No fine shall exceed fifty dollars ($50.00) unless the ordinance expressly states that the maximum fine is greater than fifty dollars ($50.00).provided by general law.

(b)        If any person shall violate an ordinance of a county, city, or town regulating the operation or parking of vehicles, he the person shall be responsible for an infraction and shall be required to pay a penalty of not more than fifty dollars ($50.00).one hundred dollars ($100.00)."

SECTION 2.  G.S. 153A‑123 reads as rewritten:

"§ 153A‑123.  Enforcement of ordinances.

...

(b)        Unless the board of commissioners has provided otherwise, violation of a county ordinance is a misdemeanor or infraction as provided by G.S. 14‑4. An ordinance may provide by express statement that the maximum fine, term of imprisonment, or infraction penalty to be imposed for a violation is some amount of money or number of days less than the maximum imposed by G.S. 14‑4.Violation of a county ordinance shall not be punishable as a misdemeanor or infraction unless expressly provided by general law.

...."

SECTION 3.  G.S. 160A‑175 reads as rewritten:

"§ 160A‑175.  Enforcement of ordinances.

...

(b)        Unless the Council shall otherwise provide, violation of a city ordinance is a misdemeanor or infraction as provided by G.S. 14‑4. An ordinance may provide by express statement that the maximum fine, term of imprisonment, or infraction penalty to be imposed for a violation is some amount of money or number of days less than the maximum imposed by G.S. 14‑4.Violation of a city ordinance shall not be punishable as a misdemeanor or infraction unless expressly provided by general law.

...."

SECTION 4.  This act becomes effective July 1, 2017.