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(A) Violation of this subchapter is declared to be a misdemeanor. The Chief of Police may seek from an appropriate official of the general court of justice an arrest warrant or other process initiating criminal charges against any person alleged to have violated this subchapter. No other agent or employee of the town may in his or her official capacity seek an arrest warrant or other criminal process without the prior written approval of the Town Manager.
(B) The town may also enforce this subchapter by bringing suit under G.S. § 160A-175 or any successor provision for the enforcement of town ordinances to abate the public display of sexually explicit materials to minors. No action shall be taken to abate the public display until the alleged violator has been given an opportunity to be heard in an adversarial judicial proceeding to determine whether the materials publicly displayed are sexually explicit within the meaning of this subchapter. Any order of abatement shall apply to material judicially determined to be sexually explicit within the meaning of this subchapter, and shall direct the abatement of the public display by removal, confiscation and destruction of material judicially determined to be sexually explicit and to have been publicly displayed in violation of this subchapter.
(1988 Code, § 13-94) Penalty, § 10.99