Town Ordinances In Nc: Are Violations Criminal?

Ordinances are municipal laws, rules, or regulations that apply to specific towns or cities. In North Carolina, violations of city or county ordinances are generally considered a Class 3 misdemeanor, punishable by a fine of up to $500. However, there are exceptions to this rule, such as when the ordinance regulates the operation or parking of vehicles, in which case the violation is an infraction with a maximum fine of $50. Local governments in North Carolina have the authority to enforce their ordinances through criminal and civil measures, and the specific consequences of an ordinance violation can vary depending on the location and nature of the incident. While ordinance violations are typically less severe than misdemeanor charges, repeat violators may face jail time.

Criminal vs civil enforcement of town ordinances

Ordinance violations can be charged as criminal or civil offenses depending on the type of offense and whether the individual charged is a repeat offender. In most cases, ordinance violations are considered minor offenses, such as parking where parking is prohibited or violating a local noise ordinance. However, certain violations, such as shoplifting, can be more serious.

Criminal Enforcement of Town Ordinances

In North Carolina, the violation of a town ordinance is generally considered a Class 3 misdemeanor, punishable by a fine of up to $500. However, there are exceptions. If the ordinance regulates the operation or parking of vehicles, the violation is considered an infraction, which is "a noncriminal violation of law not punishable by imprisonment," and the fine may not exceed $50. Additionally, a city or county governing board may specify that the violation of an ordinance will not result in a misdemeanor or infraction, or they may set a lesser punishment than the statutory maximum.

Only a law enforcement officer or a person authorized by statute can issue a citation for a misdemeanor charge or infraction. To prove that a misdemeanor or infraction has been committed, local officials must secure the assistance of the district attorney's office, and the violation must be proven beyond a reasonable doubt.

Civil Enforcement of Town Ordinances

Cities and towns that classify ordinance violations as civil offenses must establish procedures for hearing and determining these violations. This may include filing a complaint before a hearing officer, providing timely notice of the citation to the violator, and imposing civil penalties. The hearing officer determines whether a violation exists and may impose civil penalties of up to a specified maximum amount for each day the violation continues beyond the initial notice.

It is important to note that civil enforcement action is not a prerequisite for filing a criminal charge. In some circumstances, a city or town may pursue both criminal and civil enforcement actions against an offender for the same ordinance violation.

Examples of Ordinance Violations

• Violating local speed limits
• Operating a vehicle while intoxicated (OWI)
• Constructing illegal structures on one's property
• Creating excessive noise from domestic animals
• Failing to clean up after one's domestic animals
• Polluting public water supplies
• Consuming alcohol where prohibited
• Using fireworks without a permit
• Allowing one's property to become dilapidated and pose a safety hazard
• Illegally burning materials

The authority of local governments to enforce ordinances

North Carolina grants counties and municipalities the authority to regulate various activities to protect people from harm. Local governments can pass laws requiring owners to control their dogs, enforce building restrictions to prevent people from constructing buildings in areas that are likely to be flooded, and set speed limits and other regulations for traffic on city streets.

To regulate behaviour, the local governing board must adopt an ordinance—a legal description of the behaviour being regulated and the actions the government will take against people who do not follow the regulation. Where state law does not already permit local government regulation of an activity, local officials must ask the General Assembly to pass a bill granting that authority.

Local governments have the power to enforce their ordinances through civil measures, including civil penalties and court orders. In most cases, these measures cannot be pursued unless the ordinance at issue identifies them as potential methods of enforcement. The authority to issue civil citations for ordinance violations may be delegated to personnel who are not law enforcement officers.

The primary statutes setting out the enforcement powers of local governments are G.S. 160A-175 (cities) and G.S. 153A-123 (counties). Collectively, they provide cities and counties with an array of criminal and civil enforcement mechanisms.

The general rule is that a person who violates a city or county ordinance commits a Class 3 misdemeanour and risks a fine of not more than $500. There are two exceptions to this rule:

• If the ordinance regulates the operation or parking of vehicles, a violator is responsible for an infraction rather than a misdemeanour and any fines assessed may not exceed $50.
• A city or county governing board may expressly provide that the violation of an ordinance will not result in a misdemeanour or infraction. Alternatively, an ordinance may set as the maximum punishment some term of imprisonment or fine less than the statutory maximum.

Local governments in North Carolina have broad authority to regulate behaviour that creates a public nuisance or threatens public health, safety, or welfare. However, local regulations must not violate either the state or federal constitution, and local governments must have authority for their regulations from the state of North Carolina.

The decriminalization of most local ordinance violations

In North Carolina, local governments have the authority to create ordinances with criminal penalties. Ordinances are municipal laws, rules, or regulations that apply to a specific town or city. Before Senate Bill 300, the general rule was that "if any person shall violate an ordinance of a county, city, town, or metropolitan sewerage district... he shall be guilty of a Class 3 misdemeanor".

However, Senate Bill 300, passed in 2021, has presumptively decriminalized most violations of local ordinances. The bill amended the statutes G.S. 153A-123, G.S. 160A-175, and G.S. 14-4, which previously allowed local governments to enforce ordinances through criminal or civil measures. Now, certain types of ordinances are prohibited from having criminal or infraction penalties, including those that regulate planning and development, business or trade regulation and licensure, stream-clearing programs, outdoor advertising, and the limitation or regulation of solar collectors, cisterns, or rain barrels.

For ordinances where criminal penalties are still possible, there are new procedural requirements. Local governments may only attach misdemeanor or infraction penalties if they specify this in the ordinance, and such an ordinance may not be enacted at the meeting in which it is first introduced. Additionally, new "proof of compliance" provisions in G.S. 14-4(c) make criminal prosecutions of alleged violators more difficult. For example, a person may not be found guilty of a local ordinance violation if they can provide proof of a good-faith effort to seek assistance for any underlying factors related to unemployment, homelessness, mental health, or substance abuse that affect their ability to comply.

The consequences of violating a local or city ordinance

Ordinances are municipality-specific laws that vary from city to city. While some ordinance violations are fairly minor, such as unleashed dogs or open containers of alcohol in city parks, others are more serious, like shoplifting or discharging a firearm in the city. In North Carolina, ordinance violations are generally considered Class 3 misdemeanors, punishable by a fine of up to $500. However, violations related to the operation or parking of vehicles are considered infractions, with fines not exceeding $50.

In some cases, ordinance violations can be charged as criminal or civil offenses, particularly for repeat offenders. For example, a first-offense of operating a vehicle while intoxicated (OWI) may result in a driver's license revocation, while a repeat offense could lead to steeper penalties.

If you are facing an ordinance violation, it is advisable to consult with an experienced criminal defense lawyer to determine the best course of action. While in some cases, paying the fine and moving on may be the simplest option, other charges may have long-lasting impacts and it may be worth contesting them in court.

The validity of a town ordinance

In North Carolina, violations of town ordinances were previously considered presumptively criminal, typically resulting in Class 3 misdemeanors. However, with the passage of Senate Bill 300, most local ordinance violations have been decriminalized. This bill amended the statutes related to ordinance enforcement for counties (G.S. 153A-123) and cities (G.S. 160A-175) and violations (G.S. 14-4).

Under the new law, certain types of ordinances are prohibited from imposing criminal or infraction penalties. These include ordinances related to planning and development, business regulation and licensure, stream-clearing programs, outdoor advertising, and the regulation of solar collectors, cisterns, or rain barrels. For other ordinances where criminal penalties are still possible, there are additional procedural requirements. Local governments must now specify in the ordinance itself if it carries a criminal penalty, and such an ordinance cannot be enacted at the meeting where it is first introduced.

Furthermore, the new law provides defenses for individuals accused of ordinance violations. If an individual can show that there were no new alleged violations within 30 days of the initial violation or that they made a good-faith effort to address underlying issues related to unemployment, homelessness, mental health, or substance abuse, they may not be found responsible or guilty of the violation.

It's important to note that the validity of a town ordinance also depends on its consistency with state law. A town ordinance cannot prohibit conduct that is identical to that defined as a crime or infraction under state law. In such cases, state law would take precedence over the local ordinance.

In conclusion, the validity of a town ordinance in North Carolina depends on the type of ordinance, the specified penalties, the procedural requirements followed during its enactment, and its consistency with state law. Local governments have the authority to create and enforce ordinances, but they must do so within the framework provided by state legislation.

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