§ 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 […]
§ 19-8 – Costs.
19-8. Costs. The prevailing party shall be entitled to his costs. The court shall tax as part of the costs in any action brought hereunder such fee for the attorney prosecuting or defending the action or proceedings as may in the court’s discretion be reasonable remuneration for the services performed by such attorney. (Pub. Loc. […]
§ 19-1.2 – Types of nuisances.
19-1.2. Types of nuisances. The following are declared to be nuisances wherein obscene or lewd matter or other conduct prohibited in G.S. 19-1(a) is involved: (1) Any and every place in the State where lewd films are publicly exhibited as a predominant and regular course of business, or possessed for the purpose of such exhibition; […]
§ 19-8.1 – Immunity.
19-8.1. Immunity. The provisions of any criminal statutes with respect to the exhibition of, or the possession with the intent to exhibit, any obscene film shall not apply to a motion picture projectionist, usher, or ticket taker acting within the scope of his employment, provided that such projectionist, usher, or ticket taker: (i) Has no […]
§ 19-1.3 – Personal property as a nuisance; knowledge of nuisance.
19-1.3. Personal property as a nuisance; knowledge of nuisance. The following are also declared to be nuisances, as personal property used in conducting and maintaining a nuisance under this Chapter: (1) All moneys paid as admission price to the exhibition of any lewd film found to be a nuisance; (2) All valuable consideration received for […]
§ 19-8.2 – Right of entry.
19-8.2. Right of entry. Authorized representatives of the Commission for Public Health, any local health department or the Department of Health and Human Services, upon presenting appropriate credentials to the owner, operator, or agent in charge of a place described in G.S. 19-1.2, are authorized to enter without delay and at any reasonable time any […]