(A) As provided in G.S. § 14-148, if any person shall willfully commit any of the following acts set forth in the following subdivisions, he or she shall be guilty of a Class 1 misdemeanor unless the damage is over $1,000 in which case he or she will be guilty of a Class I felony.
(1) Throw, place or put any refuse, garbage or trash in or on any cemetery.
(2) Take away, disturb, vandalize, destroy or change the location of any stone, brick, iron or other material or fence enclosing a cemetery without authorization of law or consent of the surviving spouse or next of kin of the deceased.
(3) Take away, disturb, vandalize, destroy, or tamper with any shrubbery, flowers, plants or other articles planted or placed within any cemetery to designate where human remains are interred or to preserve and perpetuate the memory and name of any person, without authorization of law or the consent of the surviving spouse or next of kin.
(B) Providing nothing contained in this section shall apply under the following circumstances:
(1) Ordinary maintenance and care of a cemetery by the owner, caretaker, or other person acting to facilitate cemetery operations by keeping the cemetery free from accumulated debris or other signs of neglect.
(2) Conduct that is punishable under G.S. § 14-149.
(3) A professional archaeologist as defined in G.S. § 70-28(4) acting pursuant to the provisions of G.S. Ch. 70, Art. 3.
(Prior Code, § 13-5) (Ord. passed 6-3-2014) Penalty, see §
92.99