Protecting the Public from Harm
Learning Objectives
- Understand how local governments regulate behavior through ordinances
- Consider how zoning laws shape your community
- Understand and appreciate civic responsibility and your public participation options
One of the most powerful tools local governments use to improve their communities is the authority to regulate harmful behavior within their jurisdictions. North Carolina state law gives counties and municipalities authority to regulate various activities to protect people from harm. For example, local governments can pass “leash laws” requiring owners to control their dogs, thereby reducing the danger of people being bitten. Local governments can adopt building restrictions to prevent people from constructing buildings in areas that are likely to be flooded. City governments can set speed limits and other regulations for traffic on city streets.
To regulate behavior, the local governing board must adopt an ordinance—a legal description by the board of the behavior being regulated and the actions the government will take against people who do not follow the regulation. Where state law does not already permit local government regulation of an activity, local officials must ask the General Assembly to pass a bill granting that authority.
People often disagree about whether a given activity is harmful enough to require regulation. Local governing boards often seek public comments and suggestions before passing ordinances. They may hold public hearings to encourage full discussion of the arguments for and against a proposal to regulate. Sometimes an advisory board or a committee of residents also reviews the arguments about a proposed regulation and presents these to the governing board. Residents also often speak directly to board members about proposed regulations they favor or oppose. But the decision to regulate must be made by the local governing board. Unless a majority of the board thinks regulation is appropriate, no action will be taken. Except for a few cities (such as Greensboro, N.C.) that have initiative and referendum provisions in their charters, an ordinance can be adopted only by the board.
Government regulation involves requiring or prohibiting certain actions. If someone fails to act according to the requirements of the ordinance, the government can either refuse them specified public services or impose penalties on them. The ordinance specifies what service may be withheld or what penalties may be imposed. Some regulations are enforced by withholding public services until the person acts as the regulation requires. For example, a person who wants to connect his or her home to the public water supply must get permission from the water department. To protect the water supply, local regulations specify the kind of plumbing the owner must install. Then, before the water department turns on the water, an inspector checks the plumbing to be sure it meets specifications.
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