North Carolina § 19-1 - What are nuisances under this Chapter.

§ 19-1. What are nuisances under this Chapter.

The erection, establishment, continuance, maintenance, use, ownership or leasing of any building or place for the purpose of assignation, prostitution, gambling, illegal possession or sale of alcoholic beverages, illegal possession or sale of controlled substances as defined in the North Carolina Controlled Substances Act, or illegal possession or sale of obscene or lewd matter, as defined in this Chapter, shall constitute a nuisance. The activity sought to be abated need not be the sole purpose of the building or place in order for it to constitute a nuisance under this Chapter. The erection, establishment, continuance, maintenance, use, ownership or leasing of any building or place wherein or whereon are carried on, conducted, or permitted repeated acts which create and constitute a breach of the peace shall constitute a nuisance. The erection, establishment, continuance, maintenance, use, ownership or leasing of any building or place wherein or whereon are carried on, conducted, or permitted repeated activities or conditions which violate a local ordinance regulating sexually oriented businesses so as to contribute to adverse secondary impacts shall constitute a nuisance. The erection, establishment, continuance, maintenance, use, ownership, or leasing of any building or place for the purpose of carrying on, conducting, or engaging in any activities in violation of G.S. 14-72.7. The building, place, vehicle, or the ground itself, in or upon which a nuisance as defined in subsection (a), (b), or (b1) of this section is carried on, and the furniture, fixtures, and contents, are also declared a nuisance, and shall be enjoined and abated as hereinafter provided. No nuisance action under this Article may be brought against a place or business which is subject to regulation under Chapter 18B of the General Statutes when the basis for the action constitutes a violation of laws or regulations under that Chapter pertaining to the possession or sale of alcoholic beverages. History (Pub. Loc. 1913, c. 761, s. 25; 1919, c. 288; C.S., s. 3180; 1949, c. 1164; 1967, c. 142; 1971, c. 655; 1977, c. 819, ss. 1, 2; 1981, c. 412, s. 4; c. 747, s. 66; 1998-46, s. 7; 1999-371, s. 1; 2007-178, s. 3; 2013-229, s. 1.) Cross References. - As to criminal actions for prostitution, see G.S. 14-203 et seq.; for gambling, see G.S. 14-289 et seq.; for unlawful sale of whiskey, see G.S. 18B-304 . As to constitutionality of final judgment and order under this Article, see note to G.S. 19-5. Effect of Amendments. - Session Laws 2007-178, s. 3, effective December 1, 2007, and applicable to offenses committed on or after that date, added subsection (b2). Session Laws 2013-229, s. 1, effective July 3, 2013, added the last sentence in subsection (a); and added subsection (d). For applicability, see Editor's note. Legal Periodicals. - For note on estuarine pollution, see 49 N.C.L. Rev. 921 (1971). For survey of 1977 constitutional law, see 56 N.C.L. Rev. 943 (1978). For article, "Regulating Obscenity Through the Power to Define and Abate Nuisances," see 14 Wake Forest L. Rev. 1 (1978). For survey of 1980 constitutional law, see 59 N.C.L. Rev. 1088 (1981). For note on control of obscenity through enforcement of a nuisance statute, see 4 Campbell L. Rev. 139 (1981). For survey of 1981 constitutional law, see 60 N.C.L. Rev. 1272 (1982). For comment discussing the constitutionality of North Carolina's nuisance abatement statute, see 61 N.C.L. Rev. 685 (1983). For article, "Obscenity: The Justices' (Not So) New Robes," see 8 Campbell L. Rev. 387 (1986).