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FILED <br /> LEE COUNTY NC <br /> PAMELA G. BRITT <br /> REGISTER OF DEEDS <br /> FILED Jul 13, 2022 <br /> AT 03:39:12 pm <br /> BOOK 00003 <br /> START PAGE 0840 <br /> END PAGE 0845 <br /> INSTRUMENT # 05441 <br /> EXCISE TAX (None) <br /> AN ORDINANCE AMENDING CERTAIN SECTIONS OF THE CODE OF <br /> ORDINANCES OF LEE COUNTY TO COMPLY WITH S.L. 2021-138 <br /> BE IT ORDAINED by the Board of Commissioners of Lee County, North Carolina that <br /> the Code of Ordinances of Lee County should be, and it hereby is, amended as follows: <br /> Section 1. Historically, violations of a county ordinance have been punishable as a misdemeanor <br /> unless the ordinance stated that they were not. In 2021,the General Assembly passed Session Law <br /> 2021-138 which provides that a violation of a city ordinance is not a misdemeanor or infraction <br /> unless the ordinance expressly provides that it is. S.L. 2021-138 also lists certain ordinances that <br /> can never be punished by a criminal penalty. <br /> Lee County now amends the ordinances listed in Section 2 through Section 17 of this ordinance in <br /> order to comply with S.L. 2021-138 and G.S. 153A-123: <br /> Section 2. Section 1-7(a) — General Penalty, shall be amended and new subsections (g) and (h) <br /> created to clarify how criminal penalties may apply in accordance with S.L. 2021-138, and <br /> rewritten as follows: <br /> (a) Unless otherwise provided in this Code, each violation of this Code shall not <br /> constitute a misdemeanor,and violations of such provisions of this Code shall be punished <br /> by a civil penalty not exceeding $500.00. If the Code specifically allows for enforcement <br /> by a criminal penalty, then any violation shall be punishable as provided in G.S. 14-4. <br /> (g) A person may not be found responsible or guilty of an ordinance violation punishable <br /> as a misdemeanor if,when tried for that violation,the person produces proof of compliance <br /> with the Lee County Code of Ordinance through any of the following: <br /> (1) No new alleged violations of the local ordinance within 30 days from the date <br /> of the initial alleged violation. <br /> (2) The person provides proof of a good-faith effort to seek assistance to address <br /> any underlying factors related to unemployment, homelessness, mental health, or <br /> substance abuse that might relate to the person's ability to comply with the local <br /> ordinance. <br /> (h) Upon determination of a violation of any section of this Code, the penalty for which is <br /> a civil penalty,the County shall issue a civil citation by the appropriate official and served <br /> directly on either the violator or his duly designated agent, either in person or posted in the <br /> United States mail service by first class mail addressed to the last known address of the <br />