Bill Text: NC S170 | 2011-2012 | Regular Session | Amended
Bill Title: Clarify Nuisance Abatement Laws
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-06-09 - Re-ref Com On Judiciary II [S170 Detail]
Download: North_Carolina-2011-S170-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S 2
SENATE BILL 170
Judiciary II Committee Substitute Adopted 5/10/11
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Short Title: Clarify Nuisance Abatement Laws. |
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March 2, 2011
A BILL TO BE ENTITLED
AN ACT to change the nuisance abatement laws.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 19‑1 reads as rewritten:
"§ 19‑1. What are nuisances under this Chapter.
(a) The erection, establishment, continuance, maintenance,
use, ownership or leasing of any building or place for the purpose wherein
or whereon occur repeated acts of assignation, prostitution, gambling,
illegal possession or sale of alcoholic beverages, illegal possession or sale
of controlled substances as defined in the North Carolina Controlled Substances
Act, or illegal possession or sale of obscene or lewd matter, as defined in
this Chapter, shall constitute a nuisance. The remedy of forfeiture of real
property provided in G.S. 19‑6.1 shall not apply to multifamily
buildings containing more than four individual rental units.
(b) The erection, establishment, continuance, maintenance, use, ownership or leasing of any building or place wherein or whereon are carried on, conducted, or permitted repeated acts which create and constitute a breach of the peace shall constitute a nuisance. The remedy of forfeiture of real property provided in G.S. 19‑6.1 shall not apply to multifamily buildings containing more than four individual rental units.
(b1) The erection, establishment, continuance, maintenance, use, ownership or leasing of any building or place wherein or whereon are carried on, conducted, or permitted repeated activities or conditions which violate a local ordinance regulating sexually oriented businesses so as to contribute to adverse secondary impacts shall constitute a nuisance.
(b2) The erection, establishment, continuance, maintenance, use, ownership, or leasing of any building or place for the purpose of carrying on, conducting, or engaging in any activities in violation of G.S. 14‑72.7.
(c) The building, place, vehicle, or the ground itself, in or upon which a nuisance as defined in subsection (a), (b), or (b1) of this section is carried on, and the furniture, fixtures, and contents, are also declared a nuisance, and shall be enjoined and abated as hereinafter provided."
SECTION 2. G.S. 19‑1.1 is amended by adding a new subdivision to read:
"(8a) The term 'repeated acts,' as used in this Chapter, means more than one occurrence of assignation, prostitution, gambling, illegal possession or sale of alcoholic beverages, illegal possession or sale of controlled substances as defined in the North Carolina Controlled Substances Act, or illegal possession or sale of obscene or lewd matter, as defined in this Chapter, at any building or place during a one‑year period."
SECTION 3. G.S. 19‑1.2(6) reads as rewritten:
"(6) Every place which, as a regular course of
business, is used for the purposes wherein or whereon repeated acts of
lewdness, assignation, gambling, the illegal possession or sale of alcoholic
beverages, the illegal possession or sale of controlled substances as defined
in the North Carolina Controlled Substances Act, or prostitution, and every
such place in or upon which acts of lewdness, assignation, gambling, the
illegal possession or sale of alcoholic beverages, the illegal possession or
sale of controlled substances as defined in the North Carolina Controlled
Substances Act, or prostitution, are held or occur. The remedy of forfeiture
of real property provided in G.S. 19‑6.1 shall not apply to
multifamily buildings containing more than four individual rental units."
SECTION 4. This act becomes effective August 1, 2011, and applies to offenses committed or nuisances occurring on or after that date.
