ORDINANCE - Amending Certain Sections of the Code of Ordinances to Comply with SL 2021-138 5-16-22

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action in the nature of debt in the appropriate division of the state general court of justice for the collection of the penalty, costs and attorneys fees and such other relief permitted by law. The remainder of Section 1-7 General Penalty, beginning with subsection (b) and continuing through subsection (f) shall remain in effect. Section 3. Chapter 2, Article II, Section 2-31(d) shall be amended to specify the maximum fine that may be imposed when a violator is charged with a misdemeanor, and rewritten as follows: (d) The violation of any of the provisions of this section shall constitute a misdemeanor and subject any violator(s) so convicted to a maximum of fine of $500 and such other penalties as may be imposed by the court. Furthermore, any person in violation of this Section shall be subject to paying a civil penalty of $500.00 per offense. Civil penalties assessed shall be recovered by the county in a civil action in the nature of debt if the offender does not pay the civil penalty within 30 days after the offender has been cited for the violation per G. S. 153A-123. The remainder of Chapter 2, Article II, Section 2-31 shall remain in effect. Section 4. Chapter 2, Article III, Section 2-53 pertaining to areas where smoking and use of tobacco products is prohibited shall be amended to clarify the type and amount of penalty and rewritten as follows: (a) Employees who violate Section 2-52 may be subject to sanctions consistent with the county's personnel policies. (b) Any employee or individual who violates Section 2-52 is subject to a civil penalty of $50.00. (c) Remedies. This article may be enforced by equitable remedies in accordance with NCGS 153A-123. Section 5. Chapter 4, Article III, Division 2, Section 4-194(b) shall be amended to specify which sections are punishable by misdemeanor and rewritten as follows: Sec. 4-194. - Enforcement generally. (b) The violation of -Sections 4-37, 4-38, 4-39, 4-40, 4-42, 4-43, 4-44, 4-46, or 4-48 of this chapter shall be a misdemeanor and any such violation shall be punishable as provided in G.S. § 14-4. In addition to, and not in lieu of, the criminal penalties and other sanctions provided in this chapter, a violation of this chapter may also subject the offender to the civil penalties hereinafter set forth. The remainder of Chapter 4 — Animals, including Section 4-194, shall remain in effect. Section 6. Chapter 6, Article III, Division 3, Section 6-143(b) shall be amended to specify that criminal penalties will only be able to be imposed where the code violations make the dwelling an unsafe building, in compliance with S.L. 2021-138, and rewritten as follows: