ORD. VIOLATION/NO AUTO MISDEMEANOR (new).

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View NCGA Bill Details2017-2018 Session
Senate Bill 292 (Public) Filed Wednesday, March 15, 2017
AN ACT PROVIDING THAT VIOLATION OF A CITY OR COUNTY ORDINANCE IS NOT AUTOMATICALLY PUNISHABLE AS A MISDEMEANOR OR INFRACTION.
Intro. by Lee, J. Jackson, Britt.

Status: Re-ref Com On State and Local Government II (House Action) (Jun 14 2017)

SOG comments (1):

Change long and short titles

Senate committee substitute to 1st edition changed long and short titles.  Long title was 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. Short title was ORDINANCE VIOLATION NOT A MISDEMEANOR.

S 292

Bill Summaries:

  • Summary date: Apr 25 2017 - View Summary

    Senate committee substitute makes the following changes to the 1st edition.

    Deletes the proposed changes to GS 14-4 (Violations of local ordinances misdemeanor).

    Deletes the proposed changes to GS 153A-123 and GS 160A-175, concerning enforcement of county and city ordinances, and instead amends the statutes as follows. Amends subsection (b) of each statute to provide that a violation of county or city ordinances can be a misdemeanor only if the county or city specifies so in the ordinance except for the types of ordinances listed in new subsection (b1). Additionally establishes that no ordinance specifying a criminal penalty can be enacted at the meeting in which it is first introduced. Adds a new subsection (b1) to GS 153A-123, specifying eight types of county ordinances that cannot impose a criminal penalty, including (1) any ordinance adopted pursuant to GS 153A-134, Regulating and licensing businesses and trades; (2) any ordinance adopted pursuant to GS 153A-143, Regulating outdoor advertising; and (3) any ordinances regulating trees. Adds a new subsection (b1) to GS 160A-175, specifying 10 types of city ordinances that cannot impose a criminal penalty, including (1) any ordinance adopted pursuant to GS 160A-304, Regulation of taxis; (2) any ordinance adopted pursuant to GS 160A-306, Building setback lines; and (3) any ordinance adopted pursuant to GS 160A-307, Curb cut regulations. 

    Changes the effective date of the act to December 1, 2017 (was, July 1, 2017), and applies to enforcement of any ordinance by a county or city on or after that date. 

    Makes conforming changes to the act's titles.


  • Summary date: Mar 15 2017 - View Summary

    Amends GS 14­4, GS 153A­123, and GS 160A­175 to no longer classify violations of local ordinances as a misdemeanor orinfraction unless expressly provided by general law. Makes violation of a local ordinance subject to a $100 penalty.

    Effective July 1, 2017.