§ 19-8.3 – Severability.
19-8.3. Severability. If any section, subsection, sentence, or clause of this Article is adjudged to be unconstitutional or invalid, such adjudication shall not affect the validity of the remaining portion of this Article. It is hereby declared that this Article would have been passed, and each section, sentence, or clause thereof, irrespective of the fact […]
§ 19-8.4 – Human trafficking public awareness sign.
19-8.4. Human trafficking public awareness sign. The owner, operator, or agent in charge of a business described in G.S. 19-1.2 shall prominently display on the premises in a place that is clearly conspicuous and visible to employees and the public a public awareness sign created and provided by the North Carolina Human Trafficking Commission that […]
§ 19-3 – Priority of action; evidence.
19-3. Priority of action; evidence. (a) The action provided for in this Chapter shall be set down for trial at the first term of the court and shall have precedence over all other cases except crimes, election contests, or injunctions. (b) In such action, an admission or finding of guilt of any person under the […]
§ 19-4 – Violation of injunction; punishment.
19-4. Violation of injunction; punishment. In case of the violation of any injunction granted under the provisions of this Chapter, the court, or, in vacation, a judge thereof, may summarily try and punish the offender. A party found guilty of contempt under the provisions of this section shall be punished by a fine of not […]
§ 19-5 – Content of final judgment and order.
19-5. Content of final judgment and order. If the existence of a nuisance is admitted or established in an action as provided for in this Chapter an order of abatement shall be entered as a part of the judgment in the case, which judgment and order shall perpetually enjoin the defendant and any other person […]
§ 19-6 – Civil penalty; forfeiture; accounting; lien as to expenses of abatement; invalidation of lease.
19-6. Civil penalty; forfeiture; accounting; lien as to expenses of abatement; invalidation of lease. Lewd matter is contraband, and there are no property rights therein. All personal property, including all money and other considerations, declared to be a nuisance under the provisions of G.S. 19-1.3 and other sections of this Article, are subject to forfeiture […]
§ 19-6.1 – Forfeiture of real property.
19-6.1. Forfeiture of real property. In all actions where a preliminary injunction, permanent injunction, or an order of abatement is issued pursuant to this Article in which the nuisance consists of or includes at least two prior occurrences within five years of the manufacture, possession with intent to sell, or sale of controlled substances as […]
§ 19-1 – What are nuisances under this Chapter.
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 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 […]
§ 19-7 – How order of abatement may be canceled.
19-7. How order of abatement may be canceled. If the owner appears and pays all cost of the proceeding and files a bond, with sureties to be approved by the clerk, in the full value of the property, to be ascertained by the court, or, in vacation, by the clerk of the superior court, conditioned […]
§ 19-1.1 – Definitions.
19-1.1. Definitions. As used in this Chapter relating to illegal possession or sale of obscene matter or to the other conduct prohibited in G.S. 19-1(a), the following definitions shall apply: (1) "Breach of the peace" means repeated acts that disturb the public order including, but not limited to, homicide, assault, affray, communicating threats, unlawful possession […]