Charlotte brings back criminal punishment on 7 local laws
After a brief break, seven local laws in Charlotte again carry potential criminal penalties — including ordinances about animal abuse, weapons, noise violations and states of emergency, similar to those employed during COVID and periods of protest.
Charlotte City Council on Monday unanimously approved restoring the misdemeanor penalties to some ordinances that were decriminalized in North Carolina last year, as part of a sweeping criminal justice reform bill. But the council did not vote this week on several more controversial items, including the city’s camping ban that drew criticism for its potential to criminalize homelessness.
Under state law enacted last year, cities in North Carolina can reinstate criminal penalties for some local laws but only by taking a vote and spelling out specific penalties in the code.
Charlotte local laws
In Charlotte, the inclusion of criminal penalties to ordinances approved Monday came with little opposition.
Those are:
- Some violations related to animals, including abuse
- Fire code violations
- Shooting
Possession of dangerous weapons
Violating curfews or other restrictions during a state of emergency
Kindling bonfires on public property without a permit
Noise violations
Those ordinances are now punishable as a Class 3 misdemeanor and fines up to $500.
Camping ban still up for debate
Laws in eight other sections of Charlotte municipal code, where criminal penalties previously were in place, are expected to provoke more discussion as council members weigh whether to bring back those penalties.
That includes the city’s camping ban, which drew opposition last month from two members of council who said they didn’t want to criminalize homelessness.
Councilman Braxton Winston said he was comfortable with the changes made Monday but wants further discussion on others.
“It shouldn’t be the status quo that you automatically have to criminalize and take people’s rights away,” said Winston, an at-large Democrat who previously raised concerns about the camping ban, including its implication on public demonstrations and protests.
“When when you criminalize something that means you’re able to arrest somebody, you’re able to prevent their free movement within society,” he said.
Council member Tariq Bokhari, a Republican who represents District 6, said he didn’t want the outstanding ordinances to be delayed significantly. Not voting promptly on criminal penalties, he said, takes away a tool for police.
“We’re taking away a tool in something that is criminalizing breaking the law,” he said. “We will have laws on the books that will have no enforcement ability while this is not there.”
City officials currently are able to pursue civil penalties for ordinance violations. Council is expected to resume discussion at its next meeting.
Charlotte-Mecklenburg Police rarely enforced the camping ban criminally even when they could before state lawmakers took that power away, data show.
CMPD did not make any arrests since at least 2017 for violations of either the city or county’s camping ban, according to Lieutenant Stephen Fischbach, though he said someone may be charged with trespassing if they do not leave a property when asked.
But opponents said that even having the potential for criminal penalties is the wrong move for Charlotte because it would harm people experiencing homelessness by creating additional obstacles to housing.
This story was originally published March 29, 2022 at 11:58 AM.
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