(a) Except as provided in subsection (b) or (c) of this section, if any person shall violate an ordinance of a county, city, town, or metropolitan sewerage district created under Article 5 of Chapter 162A, he shall be guilty of a Class 3 misdemeanor and shall be fined not more than five hundred dollars ($500.00). No fine shall exceed fifty dollars ($50.00) unless the ordinance expressly states that the maximum fine is greater than fifty dollars ($50.00).
(b) If any person shall violate an ordinance of a county, city, or town regulating the operation or parking of vehicles, he shall be responsible for an infraction and shall be required to pay a penalty of not more than fifty dollars ($50.00).
(c) A person may not be found responsible or guilty of a local ordinance violation punishable pursuant to subsection (a) of this section if, when tried for that violation, the person produces proof of compliance with the local ordinance through any of the following:
(1) No new alleged violations of the local ordinance within 12 months from the date of the initial alleged violation.
(2) The person provides documented proof of a good-faith effort to seek assistance to address any underlying factors related to unemployment, homelessness, mental health, or substance abuse that might relate to the person's ability to comply with the local ordinance. (1871-2, c. 195, s. 2; Code, s. 3820; Rev., s. 3702; C.S., s. 4174; 1969, c. 36, s. 2; 1985, c. 764, s. 2; 1985 (Reg. Sess., 1986), c. 852, s. 17; 1991, c. 415, s. 1; c. 446, s. 1; 1993, c. 538, s. 8; c. 539, s. 9; 1994, Ex. Sess., c. 24, ss. 14(b), 14(c); 1995, c. 509, s. 133.1; 2021-138, s. 13(c); 2024-57, s. 2D.1(a).)
Notes of Decisions
Cauble v. City of Asheville, 271 S.E.2d 258 (N.C. 1980).
· cites it 28× “Plaintiff argues, however, that violations of town ordinances have been made criminal by virtue of G.S. 14-4 which provides: Violation of local ordinances misdemeanor.”
Cauble v. City of Asheville, 336 S.E.2d 59 (N.C. 1985).
· cites it 14× “The Court there held that monies the city collected for violating its ordinances were "not penalties collected for the violation of a law of the state, but of a town ordinance," even though violations of town ordinances were made criminal offenses by section 3820 of the Code,…”
Shavitz v. City of High Point, 630 S.E.2d 4 (N.C. Ct. App. 2006).
· cites it 8× “” N.C. Gen. Stat. §§ 14-4 (a), (b) (2005). Unless a municipality provides otherwise, the *477 violation of a city ordinance is a misdemeanor or infraction as provided by [section] 14-4.”
Shavitz v. City of High Point, 270 F. Supp. 2d 702 (M.D.N.C. 2003).
· cites it 3× “” As illustrated by its use in the Thornburg decision, this phrase still has direct relevance to the application of Article IX, Section 7 just as it did with previous versions of that constitutional provision.”
Glenn-Robinson v. Acker, 538 S.E.2d 601 (N.C. Ct. App. 2000).
· cites it 3× “” N.C.G.S. § 14-4(b) (1999). “Whether an officer is authorized to make an arrest ordinarily depends, in the first instance, on state law.”
Brown v. Brannon, 399 F. Supp. 133 (M.D.N.C. 1975).
· cites it 7× “N.C.G.S. § 14-4. This is a case presenting the classical factual predicate for application of the Younger abstention principle.”
Wheaton v. Hagan, 435 F. Supp. 1134 (M.D.N.C. 1977).
· cites it 3× “00 or imprisonment of not more than 30 days, pursuant to N.C.G.S. § 14-4. Additionally, N.C.G.S. § 18A-30 prohibits the possession and consumption of alcoholic beverages on premises such as the Coliseum throughout the state.”
Pegg v. Jones, 653 S.E.2d 229 (N.C. Ct. App. 2007).
· cites it 2× “" Webster, supra § 14-4, at 641. Here, evidence shows defendant and his parents performed many of these acts and more.”
Walker v. State of North Carolina, 262 F. Supp. 102 (W.D.N.C. 1966).
· cites it 4× “Section 14-4. Petitioner was arrested and brought into Recorder’s Court under a warrant based upon the Superintendent’s affidavit.”
Cauble v. City of Asheville, 263 S.E.2d 8 (N.C. Ct. App. 1980).
· cites it 5× “This was done by G.S. 14-4 which provides: “If any person shall violate an ordinance of a county, city, or town, he shall be guilty of a misdemeanor and shall be fined not more than fifty dollars ($50.”
Clark v. Visiting Health Professionals, Inc., 524 S.E.2d 605 (N.C. Ct. App. 2000).
· cites it 2× “Gray Wilson, North Carolina Civil Procedure § 14-4, at 280 (2d ed. 1995) [hereinafter Wilson on Civil Procedure] (citing O’Mara Enter.”
New Covenant Worship Ctr. v. Wright, 601 S.E.2d 245 (N.C. Ct. App. 2004).
“” Webster § 14-4, at 641. As noted by our Supreme Court, adverse possession consists in actual possession, with an intent to hold solely for the possessor to the exclusion of others, and is denoted by the exercise of acts of dominion over the land, in making the ordinary use and…”
— N.C. Gen. Stat. § 14-4(a) — 4 cases
— N.C. Gen. Stat. § 14-4(b) — 3 cases
Glenn-Robinson v. Acker, 538 S.E.2d 601 (N.C. Ct. App. 2000).
“” N.C.G.S. § 14-4(b) (1999). “Whether an officer is authorized to make an arrest ordinarily depends, in the first instance, on state law.”
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