Title: House Bill 328-Third Edition
Category: Introduced Bill 2005

General Assembly of North Carolina	Session 2005

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
H	3
HOUSE BILL 328
Committee Substitute Favorable 3/2/05
 Committee Substitute #2 Favorable 5/31/05

Short Title:	Omnibus Local Laws. | (Local)
Sponsors: |
Referred to: |
February 22, 2005

A BILL TO BE ENTITLED
AN ACT to add the city of albemarle and the towns of Beaufort and Southern Shores to the municipalities in which law enforcement officers may operate unregistered all‑terrain vehicles on highways with speed limits of thirty‑five miles per hour or less and the towns of duck, kill devil hills, kitty hawk, and nags head to the municipalities in which law enforcement officers and municipal employees may operate unregistered all‑terrain vehicles on highways with speed limits of thirty‑five miles per hour or less, to allow the town of st. james to exercise planning jurisdiction within the corporate limits in 2005 and to allow extraterritorial planning jurisdiction in 2010, TO EXEMPT THE TOWN OF LELAND FROM THE REQUIREMENT THAT AN ABC STORE in Brunswick county BE LOCATED NO CLOSER THAN SEVEN MILES FROM A MUNICIPALITY WITH AN EXISTING ABC STORE, and to add Washington County to the counties in which it is illegal to remove or destroy an electronic dog collar.
The General Assembly of North Carolina enacts:
SECTION 1.  Section 3 of S.L. 2004‑108 reads as rewritten:
"SECTION 3.  Section 1 of this act applies to the City of Albemarle and the Towns of Beaufort, Southern Shores, and Mint Hill only. Section 2 of this act applies to the Towns of Duck, Kill Devil Hills, Kitty Hawk, Nags Head, and the City of Kings Mountain only."
SECTION 2.  Section 7.2 of the Charter of the Town of St. James, being S.L. 1999‑241, reads as rewritten:
"Section 7.2. Planning and Regulation of Development. 
Notwithstanding any other provisions of this Charter or the provisions of general law, including the provisions of Article 19 of Chapter 160A of the General Statutes, the Town shall not, prior to October 1, 2005, adopt any ordinance creating a planning agency, regulating or restricting the subdivision, zoning, or use of any land, or providing for building inspections. During such time, and until the ordinances adopted by the Town become effective, all planning duties, regulation of development, and building inspections within the jurisdiction of the Town shall be conducted by Brunswick County and governed by the applicable ordinances of Brunswick County as if the area was not in the corporate limits of any municipality. Provided further, the Town may not make any such ordinances effective outside the corporate limits of the Town under G.S. 160A‑360 or any other provision of law until January 1, 2010. "
SECTION 3.  Section 2 of Chapter 372 of the 1991 Session Laws, as amended by Chapter 776 of the 1991 Session Laws, reads as rewritten:
"Sec. 2. This act applies to Brunswick County only, but does not apply to the Town of Leland."
SECTION 4.  G.S. 14‑401.17 reads as rewritten:
"§ 14‑401.17.  Unlawful removal or destruction of electronic dog collars.
(a)	It is unlawful to intentionally remove or destroy an electronic collar or other electronic device placed on a dog by its owner to maintain control of the dog.
(b)	A first conviction for a violation of this section is a Class 3 misdemeanor. A second or subsequent conviction for a violation of this section is a Class 2 misdemeanor.
(c)	This act is enforceable by officers of the Wildlife Resources Commission, by sheriffs and deputy sheriffs, and peace officers with general subject matter jurisdiction.
(d)	This act applies only to Alamance, Anson, Avery, Beaufort, Brunswick, Buncombe, Burke, Caldwell, Camden, Caswell, Cherokee, Chowan, Clay, Columbus, Craven, Cumberland, Davidson, Graham, Haywood, Henderson, Hyde, Jackson, Macon, Madison, McDowell, Mecklenburg, Mitchell, New Hanover, Orange, Pasquotank, Pitt, Robeson, Rockingham, Swain, Transylvania, Union, Washington, Wilkes, and Yancey Counties."
SECTION 5.  Sections 1 through 3 and Section 5 of this act become effective when it becomes law.  Section 4 of this act becomes effective October 1, 2005, and applies to offenses occurring on or after that date.

Page 		House Bill 328-Third Edition

House Bill 328-Third Edition		Page