North Carolina General Statutes 19-1.3. Personal property as a nuisance; knowledge of nuisance
The following are also declared to be nuisances, as personal property used in conducting and maintaining a nuisance under this Chapter:
(1) All moneys paid as admission price to the exhibition of any lewd film found to be a nuisance;
Terms Used In North Carolina General Statutes 19-1.3
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: means any individual, partnership, firm, association, corporation, or other legal entity. See North Carolina General Statutes 19-1.1
- Place: includes , but is not limited to, any building, structure or places, or any separate part or portion thereof, whether permanent or not, or the ground itself. See North Carolina General Statutes 19-1.1
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Prostitution: means offering in any manner or receiving of the body in return for a fee, for acts of vaginal intercourse, anal intercourse, fellatio, cunnilingus, masturbation, or physical contact with a person's genitals, pubic area, buttocks, or breasts, or other acts of sexual conduct offered or received for pay and sexual gratification. See North Carolina General Statutes 19-1.1
- Publication: shall include any book, magazine, pamphlet, illustration, photograph, picture, sound recording, or a motion picture film which is offered for sale or exhibited in a coin-operated machine. See North Carolina General Statutes 19-1.1
- Service of process: The service of writs or summonses to the appropriate party.
(2) All valuable consideration received for the sale of any lewd publication which is found to be a nuisance;
(3) All money or other valuable consideration, vehicles, conveyances, or other property received or used in gambling, prostitution, the illegal sale of alcoholic beverages or the illegal sale of substances proscribed under the North Carolina Controlled Substances Act, as well as the furniture and movable contents of a place used in connection with such prohibited conduct.
From and after service of a copy of the notice of hearing of the application for a preliminary injunction, provided for in N.C. Gen. Stat. § 19-2.4 upon the place, or its manager, or acting manager, or person then in charge, all such parties are deemed to have knowledge of the contents of the restraining order and the use of the place occurring thereafter. Where the circumstantial proof warrants a determination that a person had knowledge of the nuisance prior to such service of process, the court may make such finding. (1977, c. 819, s. 3; 1981, c. 412, s. 4; c. 747, s. 66; 1999-371, s. 4.)