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ORDINANCE - Amending Certain Sections of the Code of Ordinances to Comply with SL 2021-138 5-16-22
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ORDINANCE - Amending Certain Sections of the Code of Ordinances to Comply with SL 2021-138 5-16-22
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5/24/2022 11:37:07 AM
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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 />violator as contained in the records of the county. The violator shall be deemed to have <br />been served upon the mailing of the citation. The citation shall direct the violator to pay <br />the citation by mail within thirty days of its issuance. The violation for which the citation <br />is issued must have been corrected by the time the citation is paid, otherwise further <br />citations shall be issued. Citations may be issued for each day the offense continues until <br />the prohibited activity is ceased or abated. If the violator fails to respond to the citation <br />within 30 days of issuance, and pay the penalty therein, the county may institute a civil <br />
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