State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_19 > GS_19-5

§19‑5.  Content of final judgment and order.

If the existence of a nuisanceis admitted or established in an action as provided for in this Chapter anorder of abatement shall be entered as a part of the judgment in the case,which judgment and order shall perpetually enjoin the defendant and any otherperson  from further maintaining the nuisance at the place complained of, andthe defendant from maintaining such nuisance elsewhere within the jurisdictionof this State. Lewd matter, illegal alcoholic beverages, gamblingparaphernalia, or substances proscribed under the North Carolina ControlledSubstances Act shall be destroyed and not be sold.

Such order may also requirethe effectual closing of the place against its use thereafter for the purposeof conducting any such nuisance.

The provisions of thisArticle, relating to the closing of a place  with respect to obscene or lewdmatter, shall not apply in any order of the court to any theatre or motionpicture establishment which does not, in the regular, predominant, and ordinarycourse of its business, show or demonstrate lewd films or motion pictures, asdefined in this Article, but any such establishment may be permanently enjoinedfrom showing such film judicially determined to be obscene hereunder and suchfilm or motion picture shall be destroyed and all proceeds and moneys receivedtherefrom, after the issuance of a preliminary injunction, forfeited. (Pub.Loc. 1913, c. 761, s. 29; 1919, c. 288; C.S., s. 3184; 1977, c. 819, s. 6;1981, c. 412, s. 4; c. 747, s. 66.)