§ 160A-174. General ordinance-making power.
Article 8.
Delegation and Exercise of the General Police Power.
§ 160A‑174. General ordinance‑makingpower.
(a) A city may by ordinance define, prohibit, regulate, or abateacts, omissions, or conditions, detrimental to the health, safety, or welfareof its citizens and the peace and dignity of the city, and may define and abatenuisances.
(b) A city ordinance shall be consistent with the Constitutionand laws of North Carolina and of the United States. An ordinance is notconsistent with State or federal law when:
(1) The ordinance infringes a liberty guaranteed to the peopleby the State or federal Constitution;
(2) The ordinance makes unlawful an act, omission or conditionwhich is expressly made lawful by State or federal law;
(3) The ordinance makes lawful an act, omission, or conditionwhich is expressly made unlawful by State or federal law;
(4) The ordinance purports to regulate a subject that citiesare expressly forbidden to regulate by State or federal law;
(5) The ordinance purports to regulate a field for which aState or federal statute clearly shows a legislative intent to provide acomplete and integrated regulatory scheme to the exclusion of local regulation;
(6) The elements of an offense defined by a city ordinance areidentical to the elements of an offense defined by State or federal law.
Thefact that a State or federal law, standing alone, makes a given act, omission,or condition unlawful shall not preclude city ordinances requiring a higherstandard of conduct or condition. (1971, c. 698, s. 1.)