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

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the services rendered for a period of 90 days after a request for payment, and that the recipient is financially able to do so, shall raise a presumption that the recipient of the services did not intend to pay for the services at the time they were obtained or received. (b) Violations of Section 10-62(a) shall be a misdemeanor as provided by G.S. 14-4. Each such violation, or a violation of the terms of any franchise granted under this article, also shall subject the offender to a civil penalty in the amount of $100.00 for each separate breach of the franchise or violation of this article. This civil penalty must be paid within ten days after the hearing on the citation has been held as provided in section 10-94(b). If not so paid, such penalty may be recovered by the county as provided by G. S. 153A -123(c). If the civil penalty is not paid within the ten days, as provided for in this subsection, the county may suspend or revoke the franchise. The remainder of Chapter 10, Article III, Division 1 shall remain in effect. Section 10. Chapter 10, Article IV, Division 2, Sections 10-172 and 10-173 shall be amended to specify the sections to which a criminal penalty may be imposed, and shall be rewritten as follows: Sec. 10-172. - Violations. It shall be a misdemeanor for any person to violate Sections 10-133, 10-134, 10-135, 10- 136, 10-137, 10-138, or 10-139 of this article or plans issued pursuant to the authority contained herein, or to willfully obstruct, hinder or delay any member of the emergency management organization as herein defined in the enforcement of the provisions of this article or any plan issued thereunder. Sec. 10-173. - Penalty. Any person violating Sections 10-133, 10-134, 10-135, 10-136, 10-137, 10-138, or 10- 139, or any restriction imposed by a proclamation authorized by this chapter shall be guilty of a class 3 misdemeanor. The remainder of Chapter 10, Article IV, Division 2 shall remain in effect. Section 11. Chapter 12, Article II, Section 12-38(b)(2) shall be amended to specify the sections to which a criminal penalty may be imposed that pertain to unlawful noises and sounds, and shall be rewritten as follows: (2) Issuance of a criminal citation or arrest. a. Any person who violates Section 12-33, 12-34, or 12-36 shall be guilty of a Class 2 misdemeanor and shall be punished by a fine of not more than $200.00 for a first offense, $400.00 for a second offense committed within 12 months of a first offense conviction and $500.00 for the third or subsequent conviction regardless of when the third or subsequent conviction is obtained. Imprisonment for up to 30 days is an additional authorized punishment for any violation. Separate offenses shall be deemed committed on each day during or on which a violation occurs or continues. b. A criminal charge shall be initiated by issuance of a criminal citation only by the Lee County Sheriff or deputy sheriff, except that the sheriff or deputy sheriff may