(A) In the event a person is charged in a criminal pleading with a violation of G.S. § 20-217, all of the following shall apply:
(1) The charging law enforcement officer shall provide written notice containing the name and address of the person charged with a violation of G.S. § 20-217 and the date of violation to the County Sheriff’s Office or the law enforcement agency with whom the county has entered an agreement pursuant to G.S. § 115C-242.1(c) to affirm a violation of this subchapter;
(2) After receiving notice that a person has been charged with a violation of G.S. § 20-217, the county or a private vendor contracted with under G.S. § 115C-242.1 to process the civil citations shall not issue a civil citation imposing a civil penalty against that person arising out of the same facts as those for which the person was charged in the criminal pleading; and
(3) The county or a private vendor contracted with under G.S. § 115C-242.1 to process the civil citations shall issue a full refund of any civil penalty payment received from a person who was charged in a criminal pleading with a violation of G.S. § 20-217 if the civil penalty arose out of the same facts as those for which that person was charged in the criminal pleading, together with interest at the legal rate as provided by G.S. § 24-1 from the date the penalty was paid until the date of the refund.
(B) The county shall provide each law enforcement agency within its jurisdiction with the name and address of the county official or other law enforcement official employed by a law enforcement agency with whom the county has entered an agreement pursuant to G.S. § 115C-242.l(c) to affirm a violation of this subchapter to whom written notice of persons charged with a violation of G.S. § 20-217 should be given pursuant to division (A) above.
(Ord. 2023-06-02, passed 6-5-23)