Senate Bill 1202-First Edition

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

S 1

SENATE BILL 1202

Short Title: Litter Violation Reported by Citizen.		(Public)
Sponsors:	Senator Jacumin.
Referred to:	Judiciary II (Criminal).

March 26, 2007

A BILL TO BE ENTITLED

AN ACT TO PROVIDE THAT A CITATION MAY BE ISSUED FOR A LITTERING OFFENSE that involves the operation of a motor vehicle BASED ON THE AFFIDAVIT OF A witness.

The General Assembly of North Carolina enacts:

SECTION 1. Article 52 of Chapter 14 of the General Statutes is amended by adding a new section to read:

"§ 14-399.3. Civil penalty for litter may be assessed based on witness's affidavit.

(a) Reporting of Litter Violation. - Any North Carolina resident who witnesses a littering violation under G.S.14-399 that involves the operation of a motor vehicle may file a sworn affidavit reporting the incident with a magistrate in the county in which the violation occurred. The affidavit may be mailed by first-class mail to the magistrate in the appropriate county. The affidavit shall include the license plate of the vehicle involved in the violation, a description of the vehicle, and the date, location, and approximate time of the violation.

(b) Citation Issued. - The magistrate shall issue a citation to the owner of the vehicle based on the affidavit filed by the witness. The citation shall clearly state the violation, the penalty for the violation, the procedure for paying the civil penalty assessed, and the manner in which the violation may be challenged. The citation shall be forwarded by personal service or first-class mail to the address given on the motor vehicle registration.

(c) Responsibility of Vehicle Owner and Procedure for Challenging the Violation. - Notwithstanding G.S. 14-399.3(b) the owner of the vehicle shall be responsible for a violation unless the owner can furnish evidence that the vehicle was, at the time of the violation, in the care, custody, or control of another person. The owner of the vehicle shall not be responsible for the violation if the owner of the vehicle, within 21 days after notification of the violation, furnishes to a magistrate of the county that issued the citation the following:

(1) The name and address of the person or company who leased, rented, or otherwise had the care, custody, and control of the vehicle; or

(2) An affidavit stating that the vehicle involved was at the time stolen or in the care, custody, or control of some person who did not have permission of the owner to use the vehicle.

(d) Civil Penalties. - Notwithstanding G.S. 14-399, a violation enforced under this section shall be a noncriminal violation for which a civil penalty of one hundred dollars ($100.00) shall be assessed. If the vehicle owner fails to pay the civil penalty or to respond to the citation within the time period specified on the citation, the owner shall have waived the right to contest responsibility for the violation and shall be subject to an additional civil penalty for failure to respond not to exceed twenty-five dollars ($25.00). The clear proceeds of civil penalties provided for in this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. The actual costs of collection, not to exceed twenty percent (20%) of the amount collected shall be remitted to the clerk of court to be credited to the office of the magistrate.

(e) Administrative Office of the Courts to Establish Collection and Appeal Procedures. - The Administrative Office of the Courts shall establish procedures for the collection of the penalties assessed under this section and may enforce the penalties by civil action in the nature of debt."

SECTION 2. G.S. 7A-292 is amended by adding the following new subdivisions to read:

"(15) To accept the filing of affidavits reporting litter violations and to issue citations pursuant to G.S. 14-399.3.

(16) To hear and enter judgment in all litter cases appealed under G.S. 14-399.3."

SECTION 3. By December 1, 2007, the Administrative Office of the Courts shall develop an affidavit form that may be used to report a violation as provided by G.S. 14-399.3. The Administrative Office of the Courts shall provide the forms to each magistrate in the State and shall also make the form accessible to the public through the Internet. Each magistrate shall make the printed forms available to any member of the general public who requests one.

SECTION 4. Section 3 of this act is effective when it becomes law. The remainder of this act becomes effective December 1, 2007, and applies to offenses committed on or after that date.