CHARTER AND RELATED LOCAL LAWS
CHARTER
TABLE OF CONTENTS
Section
Article I. Incorporation, Corporate Powers and Boundaries.
   1.1   Incorporation
   1.2   Powers
   1.3   Corporate Limits
Article II. Governing Body
   2.1   City Governing Body; Composition
   2.2   City Council; Composition; Terms of Office
   2.3   Mayor; Term of Office; Duties
   2.4   Mayor Pro Tempore
   2.5   Meetings
   2.6   Quorum; Voting
   2.7   Compensation; Qualifications for Office; Vacancies
Article III.  Election
   3.1   Regular Municipal Elections
   3.2   Election of Mayor
   3.3   Election of Council Members
   3.4   Special Elections and Referenda
Article IV.  Organization and Administration
   4.1   Form of Government
   4.2   City Manger; Appointment; Powers and Duties
   4.3   City Attorney
   4.4   City Clerk
   4.5   Repealed
   4.6   Tax Collector
   4.7   Other Administrative Offices and Employees
   4.8   Council-Manager Relationship
   4.9   Settlement of Claims
Article V.  Streets and Sidewalks
   5.1   Assessments for Sidewalk or Curb and Gutter Improvements; Petition Unnecessary
   5.2   Acquisition of Street Right-of-Way Outside City Limits
Article VI.  Police
   6.1   City Police/Service of Civil Process
Article VII.  Bidding and Procurement
   7.1   Force Account Work
   7.2   Natural Gas Purchases
Article VIII.  Firefighters' Retirement Fund
   8.1   Fireman's Supplemental Retirement Fund
Article XI.  Alcoholic Beverage Control
   9.1   Alcoholic Beverage Control Stores
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999
SESSION LAW 2000-35
HOUSE BILL 1579
AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE CITY OF MONROE.
The General Assembly of North Carolina enacts:
      Section 1.  The Charter of the City of Monroe is revised and consolidated to read as follows:
THE CHARTER OF THE CITY OF MONROE.
ARTICLE I.  INCORPORATION, CORPORATE POWERS, AND BOUNDARIES.
Section 1.1.  Incorporation. 
   The City of Monroe in Union County and the inhabitants thereof shall continue to be a municipal body politic and corporate, under the name of the "City of Monroe," hereinafter at times referred to as the "City."
(Sess. L. 2000-35, H.B. 1579)
Section 1.2.   Powers. 
   The City shall have and may exercise all of the powers, duties, rights, privileges, and immunities conferred upon the City of Monroe specifically by this Charter or upon municipal corporations by general law. The term "general law" is employed herein as defined in G.S. 160A-1.
(Sess. L. 2000-35, H.B. 1579)
Section 1.3.  Corporate Limits. 
   The corporate limits shall be those existing at the time of ratification of this Charter, as set forth on the official map of the City and as they may be altered from time to time in accordance with law. An official map of the City, showing the current municipal boundaries, shall be maintained permanently in the office of the City Clerk and shall be available for public inspection. Upon alteration of the corporate limits pursuant to law, the appropriate changes to the official map shall be made and copes shall be filed in the office of the Secretary of State, the Union County Register of Deeds, and the appropriate board of elections.
(Sess. L. 2000-35, H.B. 1579)
ARTICLE II.  GOVERNING BODY.
Section 2.1. City Governing Body; Composition. 
   The City Council, hereinafter referred to as the "Council," and the Mayor shall be the governing body of the City.
(Sess. L. 2000-35, H.B. 1579)
Section 2.2.  City Council; Composition; Terms of Office.
   The Council shall be composed of six members, to be elected by all the qualified voters of the City, for staggered terms of four years or until their successors are elected and qualified.
(Sess. L. 2000-35, H.B. 1579)
Section 2.3.  Mayor; Term of Office; Duties.
    The Mayor shall be elected by all the qualified voters of the City for a term of two years or until a successor is elected and qualified. The Mayor shall be the official head of the City government and preside at meetings of the Council; shall have the right to cast one vote, and one vote only, upon any question or matter before the Council; and shall exercise the powers and duties conferred by law or as directed by the Council.
(Sess. L. 2000-35, H.B. 1579)
Section 2.4.  Mayor Pro Tempore. 
   The Council shall elect one of its members as Mayor Pro Tempore to perform the duties of the Mayor during his or her absence or disability, in accordance with general law. The Mayor Pro Tempore shall serve in such capacity at the pleasure of the Council.
(Sess. L. 2000-35, H.B. 1579)
Section 2.5.  Meetings. 
   In accordance with general law, the Council shall establish a suitable time and place for its regular meetings. Special and emergency meetings may be held as provided by general law.
(Sess. L. 2000-35, H.B. 1579)
Section 2.6.  Quorum; Voting. 
   Official actions of the Council and all votes shall be taken in accordance with the applicable provisions of general law, including, but not limited to, G.S. 160A-75. The quorum provisions of G.S. 160A-74 shall apply.
(Sess. L. 2000-35, H.B. 1579)
Section 2.7.  Compensation, Qualifications for Office; Vacancies.
   The compensation and qualifications of the Mayor and Council members shall be in accordance with general law. Vacancies that occur in any elective office of the City shall be filled by majority vote of the remaining members of the governing body and shall be filled for the remainder of the unexpired term, notwithstanding the contrary provisions of G.S. 160A-63.
(Sess. L. 2000-35, H.B. 1579)
ARTICLE III.  ELECTION.
Section 3.1.  Regular Municipal Elections.
   Regular municipal elections shall be held in each odd-numbered year in accordance with the uniform municipal election laws of North Carolina. Elections shall be conducted on a nonpartisan basis and the results determined using the nonpartisan election and runoff method as provided in G.S. 163-292.
(Sess. L. 2000-35, H.B. 1579)  (Am. Ord. 2016-11, passed 5-3-16)
Section 3.2.  Election of Mayor. 
   A Mayor shall be elected in each regular municipal election. The Mayor serving on the date of ratification of this act shall serve until the expiration of his or her term or until a successor is elected and qualified.
(Sess. L. 2000-35, H.B. 1579)
Section 3.3.  Election of Council Members.
   Three Council members shall be elected at large in each regular municipal election, as the respective terms expire. The Council members serving on the date of ratification of this act shall serve until the expiration of their terms or until their successors are elected and qualified.
(Sess. L. 2000-35, H.B. 1579)
Section 3.4.  Special Elections and Referenda.
   Special elections and referenda may be held only as provided by general law or applicable local acts of the General Assembly.
(Sess. L. 2000-35, H.B. 1579)
ARTICLE IV.  ORGANIZATION AND ADMINISTRATION.
Section 4.1.  Form of Government. 
   The City shall operate under the council-manager form of government, in accordance with Part 2 of Article 7 of Chapter 160A of the General Statutes.
(Sess. L. 2000-35, H.B. 1579)
Section 4.2.  City Manager; Appointment; Powers and Duties. 
   The Council shall appoint a City Manager who shall be responsible for the administration of all departments of the City government. The City Manager shall have all the powers and duties conferred by general law, except as expressly limited by the provisions of this Charter, and the additional powers and duties conferred by the Council, so far as authorized by general law.
(Sess. L. 2000-35, H.B. 1579)
Section 4.3.  City Attorney. 
   The Council shall appoint a City Attorney licensed to practice law in North Carolina. It shall be the duty of the City Attorney to represent the City, advise City officials, and perform other duties as required by law or as the Council may prescribe.
(Sess. L. 2000-35, H.B. 1579)
Section 4.4.  City Clerk. 
   The Council shall appoint a City Clerk to keep a journal of the proceedings of the Council, to maintain official records and documents, to give notice of meetings, and to perform such other duties as required by law or as the Council may prescribe.
(Sess. L. 2000-35, H.B. 1579)
Section 4.5.  Repealed
(Sess. L. 2000-35, H.B. 1579, Repealed by Sess. L. 2005-17, S.B. 43)
Section 4.6.  Tax Collector. 
   The Council shall appoint a Tax Collector to collect all taxes owed to the City, perform those duties specified in G.S. 105-350, and such other duties as required by law or as the Council may prescribe.
(Sess. L. 2000-35, H.B. 1579)
Section 4.7.  Other Administrative Officers and Employees. 
   The Council may authorize other positions to be filled by appointment by the City Manager and may organize the City government as deemed appropriate, subject to the requirements of general law.
(Sess. L. 2000-35, H.B. 1579)
Section 4.8.  Council-Manager Relationship. 
   The Council shall hold the City Manager responsible for the proper management of the affairs of the City and he or she shall keep the Council informed of the conditions and needs of the City and shall make such reports and recommendations as may be requested by the Council or as he or she may deem necessary. The City Manager shall have the authority to appoint and remove all officers, department heads, and employees in the administrative service of the City, except those provided in this Charter to be appointed and removed by the Council. The City Manager shall have direct supervisory authority over the City Clerk, Chief of Police, and Tax Collector in the performance of their respective duties and responsibilities. Neither the Mayor, the City Council, nor any member thereof shall direct the conduct or activities of any City employee, directly or indirectly, except through the City Manager.
(Sess. L. 2000-35, H.B. 1579, Sess. L. 2014-92, H.B. 1218)
Section 4.9.  Settlement of Claims by City Manager. 
   The Council may adopt an ordinance that delegates to the City Manager the authority, upon consultation and recommendation of the City Attorney, to approve settlements on behalf of the City in all claims or lawsuits of any kind or nature involving the City, including, but not limited to, tort claims, land condemnation, and civil penalties issued by the City, and to execute any and all documents, including releases, necessary for the settlement of such claims or lawsuits, when the monetary amount involved does not exceed an amount set forth by the Council in the ordinance. Settlement of a claim by the City Manager pursuant to this section shall constitute a complete release of the City from any and all damages sustained by the person involved in such settlement in any manner arising out of the incident, occasion, or taking complained of. All such settlements entered into pursuant to this section shall be reported to the City Council in a timely manner and shall be subject to the applicable provisions of the Public Records Law as set forth in Chapter 132 of the General Statutes.
(Sess. L. 2000-35, H.B. 1579, Sess. L. 2004-15, H.B. 1588)
ARTICLE V.  STREETS AND SIDEWALKS.
Section 5.1.  Assessments for Sidewalk or Curb and Gutter Improvements; Petition Unnecessary. 
   In addition to any authority granted by general law, the Council may levy special assessments for sidewalk improvements or repairs or curb and gutter improvements or repairs without the necessity of a petition. Improvements or repairs may be ordered according to standards and specifications of the City, and four-fifths of the total costs assessed against abutting property, not including the cost of improvements made at intersections, according to one or more of the assessment bases set forth in Article 10 of Chapter 160A of the General Statutes. In ordering improvements or repairs without a petition and assessing the costs thereof under authority of this Article, the Council shall comply with the procedures provided by Article 10 of Chapter 160A of the General Statutes, except those provisions relating to petitions of property owners and the sufficiency thereof. The effect of levying assessments under authority of this Article shall be the same as if the assessments were levied under Authority of Article 10 of Chapter 160A of the General Statutes.
(Sess. L. 2000-35, H.B. 1579)
Section 5.2.  Acquisition of Street Right-of- Way Outside City Limits. 
   The authority of the City to acquire street right-of-way outside the corporate limits shall continue as provided in Chapter 177, Session Laws of 1985.
(Sess. L. 2000-35, H.B. 1579)
ARTICLE VI.  POLICE.
Section 6.1.  City Police/Service of Civil Process. 
   In addition to the authority granted by G.S. 160A-285, City police officers shall have the power to serve civil citations, notices, complaints, and orders issued by the governing body or by a public officer of the City. Such authority shall exist within the corporate limits and the extraterritorial police jurisdiction as defined in G.S. 160A-286.
(Sess. L. 2000-35, H.B. 1579)
ARTICLE VII.  BIDDING AND PROCUREMENT.
Section 7.1.  Force Account Work. 
   The authority of the City to proceed under G.S. 143-135 when work is performed by appointed agents using labor crews and equipment leased on a per diem basis shall continue as provided in Chapter 128, Session Laws of 1985.
(Sess. L. 2000-35, H.B. 1579)
Section 7.2.  Natural Gas Purchases. 
   The authority of the City to purchase natural gas for consumption or resale using the informal bidding procedure of G.S. 143-131 shall continue as provided in Chapter 18, Session Laws of 1989.
(Sess. L. 2000-35, H.B. 1579)
ARTICLE VIII.  FIREFIGHTERS' RETIREMENT FUND.
Section 8.1. Fireman's Supplemental Retirement Fund.
   The Monroe Fireman's Supplemental Retirement Fund shall continue as authorized by Chapter 31, Session Laws of 1975; Chapter 532, Session Laws of 1981; and any subsequent acts.
(Sess. L. 2000-35, H.B. 1579)
ARTICLE IX.  ALCOHOLIC BEVERAGE CONTROL.
Section 9.1.  Alcoholic Beverage Control Stores. 
   Alcoholic Beverage Control Stores shall operate within the City of Monroe as provided in Chapter 541, Session Laws of 1963, as amended by Chapter 165, Session Laws of 1965; Chapter 197, Session Laws of 1989; Chapter 32, Session Laws of 1993; and any subsequent acts.
(Sess. L. 2000-35, H.B. 1579)
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999
SESSION LAW 2000-35
      Section 2.  The purpose of this act is to revise the Charter of the City of Monroe and to consolidate certain acts concerning the property, affairs, and government of the City. It is intended to continue without interruption those provisions of prior acts which are expressly consolidated into this act, so that all rights and liabilities which have accrued are preserved and may be enforced.
      Section 3.  This act does not repeal or affect any acts concerning the property, affairs, or government of public schools, or any acts validating official actions, proceedings, contracts, or obligations of any kind.
      Section 4.  The following acts, having served the purposes for which they were enacted or having been consolidated into this act, are expressly repealed:
      Chapter 48, Private Laws of 1844-45
      Chapter 239, Private Laws of 1848-49, except Section 1
      Chapter 171, Private Laws of 1860-61
      Chapter 83, Private Laws of 1872-73
      Chapter 47, Private Laws of 1881, except for the first clause of Section 1
      Chapter 12, Public Laws of 1887
      Chapter 4, Private Laws of 1887
      Chapter 89, Private Laws of 1887
      Chapter 179, Private Laws of 1891
      Chapter 48, Private Laws of 1893
      Chapter 263, Private Laws of 1893
      Chapter 78, Public Laws of 1897
      Chapter 76, Private Laws of 1897
      Chapter 127, Private Laws of 1897
      Chapter 352, Private Laws of 1899
      Chapter 434, Private Laws of 1901
      Chapter 41, Private Laws of 1905
      Chapter 111, Private Laws of 1905
      Chapter 314, Private Laws of 1905
      Chapter 406, Private Laws of 1905
      Chapter 336, Private Laws of 1907, except Section 5
      Chapter 352, Private Laws of 1907, except Section 4
      Chapter 11, Private Laws of 1908 (Ex. Sess.)
      Chapter 269, Private Laws of 1913
      Chapter 383, Private Laws of 1913
      Chapter 409, Private Laws of 1913
      Chapter 455, Private Laws of 1913
      Chapter 456, Private Laws of 1913
      Chapter 58, Private Laws of 1913 (Ex. Sess.)
      Chapter 26, Private Laws of 1917
      Chapter 114, Public-Local Laws of 1919, as to Monroe only
      Chapter 2, Private Laws of 1920 (Ex. Sess.)
      Chapter 76, Private Laws of 1920 (Ex. Sess.)
      Chapter 45, Private Laws of 1925, except Section 1
      Chapter 187, Private Laws of 1925
      Chapter 124, Private Laws of 1927
      Chapter 132, Private Laws of 1927
      Chapter 21, Private Laws of 1931
      Chapter 178, Private Laws of 1933
      Chapter 60, Public-Local Laws of 1937
      Chapter 210, Public-Local Laws of 1939
      Chapter 597, Session Laws of 1945
      Chapter 28, Session Laws of 1947
      Chapter 166, Session Laws of 1947, except Section 1
      Chapter 641, Session Laws of 1949, except Section 1 and Section 2
      Chapter 674, Session Laws of 1951
      Chapter 123, Session Laws of 1953
      Chapter 52, Session Laws of 1955
      Chapter 497, Session Laws of 1955
      Chapter 185, Session Laws of 1957
      Chapter 703, Session Laws of 1957
      Chapter 423, Session Laws of 1959
      Chapter 466, Session Laws of 1959
      Chapter 498, Session Laws of 1959
      Chapter 1000, Session Laws of 1959, except Section 5
      Chapter 121, Session Laws of 1961
      Chapter 10, Session Laws of 1963
      Chapter 70, Session Laws of 1963, except Section 11 and Section 13
      Chapter 334, Session Laws of 1967
      Chapter 370, Session Laws of 1967
      Chapter 617, Session Laws of 1969
      Chapter 720, Session Laws of 1971
      Chapter 419, Session Laws of 1975, except Section 2
      Chapter 511, Session Laws of 1981
   Section 5.  This act does not affect any rights or interests which arose under any provisions repealed by this act.
   Section 6.  All existing ordinances, resolutions, and other provisions of the City of Monroe not inconsistent with the provisions of this act shall continue in effect until repealed or amended.
   Section 7.  No action or proceeding pending on the effective date of this act by or against the City or any of its departments or agencies shall be abated or otherwise affected by this act.
   Section 8.  If any provision of this act or application thereof is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
   Section 9.  Whenever a reference is made in this act to a particular provision of the General Statutes, and such provision is later amended, superseded, or recodified, the reference shall be deemed amended to refer to the amended law or the law which most clearly corresponds to the  statutory provision which is superseded or modified.
   Section 10.  This act is effective when it becomes law.
   In the General Assembly read three times and ratified this the 29th day of June, 2000.
      s/       Marc Basnight
         President Pro Tempore of the Senate
      s/       James B. Black
         Speaker of the House of Representatives
SESSION LAWS OF 2007
CHAPTER 160A
   An act to provide for an increase in the penalty set for a red light violation detected by a camera; to require that the clear proceeds of each penalty collected be transferred to the local school board; to define what amounts may be deducted from each penalty by a municipality to arrive at the amount of clear proceeds from each civil penalty that must be transferred to the local school board; and to permit a collection assistance fee to be collected from the responsible party if the civil penalty is not paid within a specified time .
The General Assembly of North Carolina enacts:
Section 1.  G.S. § 160A-3001.1(C) reads as rewritten:
   § 160A-300.1.  Use of traffic control photographic systems.
   (c)   Municipalities may adopt ordinances for the civil enforcement of G.S. § 20-158 by means of a traffic control photographic system, as described in subsection (a) of this section. Notwithstanding the provisions of G.S. § 20-176, in the event that a municipality adopts an ordinance pursuant to this section, a violation of G.S. § 20-158 at a location at which a traffic control photographic system is in operation shall not be an infraction. An ordinance authorized by this subsection shall provide that:
      (1)   The owner of a 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 30 days after the date of personal service or mailing of notification of the violation, furnishes the officials or agents of the municipality which issued the citation either of the following:
         a.   An affidavit stating the name and address of the person or company who had the care, custody, and control of the vehicle.
         b.   An affidavit stating that the vehicle involved was, at the time, stolen. The affidavit must be supported with evidence that supports the affidavit, including insurance or police report information.
      (1a)   Subdivision (1) of this subsection shall not apply, and the registered owner of the vehicle shall not be responsible for the violation, if notice of the violation is given to the registered owner of the vehicle more than 90 days after the date of the violation.
      (2)   A violation detected by a traffic control photographic system shall be deemed a noncriminal violation for which a civil penalty of seventy-five dollars ($75.00)  shall be assessed, and for which no points authorized by G.S. § 20-16(c) shall be assigned to the owner or driver of the vehicle nor insurance points as authorized by G.S. § 58-36-65.
      (3)   The owner of the vehicle shall be issued a citation which shall clearly state when the penalty is due and the manner in which the violation may be challenged. The owner shall comply with the directions on the citation. The citation shall be processed by officials or agents of the municipality and shall be forwarded by personal service or first-class mail to the address given on the motor vehicle registration. If the owner fails to pay the civil penalty or to respond to the citation within 30 days after the date the citation is served or mailed, the owner shall have waived the right to contest responsibility for the violation, and shall be subject to a civil penalty not to exceed one hundred dollars ($100.00). The municipality may establish procedures for the collection of these penalties and may enforce the penalties by civil action in the nature of debt.
      (4)   The municipality shall institute a nonjudicial administrative hearing to review objections to citations or penalties issued or assessed under this section.
      (5)   The clear proceeds from the citations issued pursuant to an ordinance authorized by this section shall be paid to the local school board. For the purposes of determining the clear proceeds derived from the citations, the following expenses, not to exceed ten percent (10%) of the  civil penalty assessed pursuant to subdivision (2) of this subsection, are authorized to be  deducted from each civil penalty assessed pursuant to the provisions of subdivision (2) of this subsection:
         a.   The cost of materials and postage directly related to the  printing and mailing of the first and second notices sent to the owner and, if necessary, the driver of the vehicle.
         b.   The cost of computer services directly related to the production and mailing of the notices described in sub-subdivision a. of this subdivision.
      (6)   The municipality may assess a collection assistance fee against the owner and, if necessary driver of the vehicle under the conditions in this subdivision. Amounts collected must be credited first to the payment of the civil penalty and then to collection assistance fee. The conditions are as follows:
         a.   The civil penalty has not been paid within 30 days after the personal service or first-class mailing of a second notice that the penalty is due. The second notice must be served or mailed no sooner than 30 days after the first notice was served or mailed and must contain a notice stating that a collection assistance fee will be  assessed if the penalty is not paid within 30 days after the service or mailing of the second notice, the date when the collection assistance fee will be assessed, and the amount of the collection assistance fee. The collection assistance fee shall not exceed twenty percent (20%) of the civil penalty assessed pursuant to subdivision (2) of this subsection.
         b.   Collection assistance fees shall be placed in a separate fund that may be used only for the purpose of paying for the costs of collection expended to collect civil penalties  that remain unpaid 30 days after the service or mailing of the second notice required pursuant to sub-subdivision a. of this subdivision.
(Sess. L. 2007, C. 160A, Sec. 1)
Section 2.  G.S. § 160A-300.1(d) reads as rewritten:
   (d)   This section applies only to the Cities of Albemarle, Charlotte, Durham, Fayetteville, Greensboro, Greenville, High Point, Locust, Lumberton, Newton, Rocky Mount, and Wilmington, to the Towns of Chapel Hill, Cornelius, Huntersville, Matthews, Nags Head, Pineville, and Spring Lake, and to the municipalities in Union County.
(Sess. L. 2007, C. 160A, Sec. 2)
Section 3.  Section 1 of this act applies to the Cities of Albemarle, Charlotte, Durham, Fayetteville, Locust, and Rocky Mount and to the municipalities in Union County.
(Sess. L. 2007, C. 160A, Sec. 3)
Section 4.  This act becomes effective September 1, 2007, and applies to offenses committed on or after that date.
(Sess. L. 2007, C. 160A, Sec. 4)
CHAPTER 20
   An act to require secondary purchases of motor vehicles for scrap metal or salvage parts to maintain records, and to amend the junked motor vehicle law applicable to the City of Monroe.
The General Assembly of North Carolina enacts:
Section 1. Chapter 20 of the General Statues is amended by adding a new section to read:
§ 20-62.1.  Purchase of vehicles for purposes of scrap or parts only.
   (a)   Records for Scrap or Parts. - A secondary metals recycler, as defined in G.S. §66-11(a)(3), and salvage yard, as defined in G.S. § 20-137.7(6), purchasing motor vehicles for the recovery of scrap metal or the purposes of dismantling or wrecking such motor vehicles for the recovery of scrap metal or for the sale of parts only, must comply with the provision of G.S. §20-61, provided, however, that a secondary metals recycler or salvage yard may purchase a motor vehicle without a certificate of title, if the motor vehicle is 10 model years old or older and the secondary metals  recycler or salvage yard comply with the following requirements:
      (1)   Maintain a record of all purchase transactions of motor vehicles. The following information shall be maintained for transactions of motor vehicles:
         a.   The name and address of the secondary metals recycler or salvage yard.
         b.   The name, initials, or other identification of the individual entering the information.
         c.   The date of the transaction.
         d.   A description of the motor vehicle, including the make and model to the extent practicable.
         e.   The vehicle identification number (VIN) of the vehicle.
         f.   The amount of consideration given for the motor vehicle.
         g.   A written statement signed by the seller or the seller's agent certifying that the seller or the seller's agent has the lawful right to sell and dispose of the motor vehicle.
         h.   The name and address of the person from whom the motor vehicle is being purchased.
         i.   A photocopy or electronic scan of a valid drivers license or identification card issued by the Division of Motor Vehicles of the seller of the motor vehicle, or seller's agent, to the secondary metals recycler or salvage yard, or in lieu thereof, any other identification card containing a photograph of the seller as issued by any state or federal  agency of the United States: provided, that if the buyer has a copy of the seller's photo identification on file, the buyer may reference the identification that is on file, without making a separate photocopy for each transaction. If seller has no identification as described in this  sub-subdivision, the secondary metals recycler or salvage yard shall not complete the transaction.
      (2)   Maintain the information required under subdivision (1) of this subsection for not less than two years from the date of the purchase of the motor vehicle.
   (b)   Inspection of Motor Vehicles and Records. - At any time it appears a secondary metals recycler, salvage yard, or any other person involved in secondary metals operations is  open for business, a law enforcement officer shall have the right to inspect the following:
      (1)   Any and all motor vehicles in the possession of the secondary metals recycler,  the salvage yard, or any other person involved in secondary metals operations.
      (2)   Any records required to be maintained under subsection (a) of this section.
   (c)   Violations. - Any person who knowingly and willfully violates any of the provisions  of this section, or any person who falsifies the statement required under subsection (a)(1)g. of this section, shall be guilty of a Class 1 misdemeanor for a first offense. A second or subsequent  violation of this section is a Class I felony. The court may order a defendant seller under this  subsection to make restitution to the secondary metals recycler or salvage yard for any damage  or loss caused by the defendant seller arising out of an offense committed by the defendant  seller.
   (d)   Confiscation of Vehicle or Tools Used in Illegal Sale. - Any motor vehicle used to  transport another  motor vehicle illegally sold under this section may be seized by law  enforcement and is subject to forfeiture by the court, provided, however, that no vehicle used by  any person in the transaction of a sale of related metals is subject to forfeiture unless it appears that the owner or other person in charge of the motor vehicle is a consenting party or privy  to the commission of a crime, and a forfeiture of the vehicle encumbered by a bona fide  security interest is subject to the interest of the secured party who had no knowledge of or consented to the act.
      Whenever property is forfeited under this subsection by order of the court, the law enforcement agency having custody of the property shall sell any forfeited property which is not required to be destroyed by law and which is not harmful to the public, provided that the  proceeds are remitted to the  Civil Fines and Forfeitures Fund established pursuant to  G.S. § 115C-457.1.
   (e)   Exemptions. - As used in this section, the term "motor vehicle" shall not include motor vehicles which have been mechanically flattened, crushed, baled, or logged and sold for purposes of scrap metal only.
   (f)   Preemption. - No local government shall enact any local law or ordinance with  regards to the regulation of the sale of motor vehicles to secondary metals recyclers or salvage  yards.
(Sess. L. 2007, C. 20, Sec. 1)
Section 2. G.S. § 20-61 reads as rewritten:
§ 20-61. Owner dismantling or wrecking vehicle to return evidence of registration.
   Except as permitted under G.S. § 20-62.1, any  owner dismantling or wrecking any vehicle shall forward to the Division the certificate of title, registration card and other proof of ownership, and the registration plates last issued for such vehicle, unless such plates are to be transferred to another vehicle of the same owner. In that event, the plates shall be retained and preserved by the owner for transfer to such other vehicle. No person, firm or corporation shall dismantle or wreck any motor vehicle without first complying with the requirements of this section. The Commissioner upon receipt of certificate of title and notice from the owner thereof that a vehicle has been junked or dismantled may cancel and destroy such record of certificate of title.
(Sess. L. 2007, C. 20, Sec. 2)
Section 3.  G.S. § 160A-303.2(a) reads as rewritten:
   (a)   A municipality may by ordinance regulate, restrain or prohibit the abandonment of junked motor vehicles on public grounds and on private property within the municipality's ordinance-making jurisdiction upon a finding that such regulation, restraint or prohibition is necessary and desirable to promote or enhance community, neighborhood or area appearance, and may enforce any such ordinance by removing or disposing of junked motor vehicles subject to the ordinance according to the procedures prescribed in this section. The authority granted by this section shall be supplemental to any other authority conferred upon municipalities. Nothing in this section shall be construed to authorize a municipality to require the removal or disposal of a motor vehicle kept or stored at a bona fide "automobile graveyard" or "junkyard" as defined in G.S. § 136-143.
   For purposes of this section, the term "junked motor vehicle" means a vehicle that does not display a current license plate and that:
      (1)   Is partially dismantled or wrecked; or
      (2)   Cannot be self-propelled or moved in the manner in which it originally was intended to move; or
      (3)   (applicable to most localities) Is more than five years old and appears to be worth less than one hundred dollars ($100.00); [or]
      (4)   Is more than five years old and appears to be worth less than five hundred dollars($500.00). This subdivision applies only to the Cities of Belmont, Bessemer City, Cherryville, Gastonia, Monroe and Mount Holly, and the Towns of Ahoskie, Cramerton, Dallas, Farmville, LaGrange, Mint Hill, Louisburg and Stanley.
(Sess. L. 2007, C. 20, Sec. 3)
Section 4.  Section 3 of this act is effective when this act becomes law. The remainder of this act becomes effective December 1, 2007 and applies to offenses committed and motor vehicles purchased on or after that date.
(Sess. L. 2007, C. 20, Sec. 4)