[Update (12/14/2020): On December 10, 2020, the North Carolina Department of Justice issued an informal opinion letter that differs from the opinion that I reach in this blog post. In the post, I conclude that cities and counties probably lack statutory authority to implement civil penalties to enforce the Governor’s COVID-19 orders. The December 10 […]
Posts Tagged ‘ordinance enforcement’
Ordinance Report Requirement – Round Two
Friday, August 30th, 2019Last year the General Assembly enacted Session Law 2018-69 (An Act to Assist the Criminal Law Recodification Working Group). The Act directed the State’s counties, municipalities, and metropolitan sewerage districts to submit lists of their criminally enforceable ordinances to two joint legislative committees by 1 December 2018. It further directed every reporting jurisdiction to include […]
Can Cities Keep Ordinance Penalties After Shavitz?
Friday, November 6th, 2009Article IX, section 7 of the State Constitution directs that the clear proceeds of all fines and penalties collected for “any breach of the penal laws of the State” be given to the public schools. Cities have been avoiding this direction by decriminalizing violations of their ordinances, but some city attorneys have been concerned that […]