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Commissioner Fraley - County Attorney - Introduction of Ordinance Maintaining the Criminal Enforcement of Certain Existing County Ordinances
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STAFF CONTACT
David Goldberg - County Attorney
BUDGET IMPACT
budget
N/A
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BACKGROUND
Counties may impose criminal and civil penalties for violations of a county ordinance pursuant to G.S. 153A-123 and G.S. 14-4. The maximum criminal penalty for violating a county ordinance is a Class 3 Misdemeanor with up to a $500 fine.
In 2021, the General Assembly enacted a criminal justice reform bill, Session Law 2021-138 (Senate Bill 300). Part XIII of the Act reformed how local governments may impose criminal penalties to enforce their ordinances by, in part, requiring counties to specify the criminal penalty in each ordinance. Currently, many of the criminal prohibitions in our Code of Ordinances rely on a general criminal penalty provision at Section 1-8, rather than having a separate criminal penalty provision for each offense.
POLICY IMPACT
The proposed ordinance would amend the Gaston County Code of Ordinances to conform to the changes made by the 2021 legislation. No changes are being made to the substance of the ordinances.
Per G.S. 153A-123(b), this ordinance must be introduced at one meeting and then voted on at a separate meeting.
ATTACHMENTS
Proposed Ordinance