19-5. Content of final judgment and order.
If the existence of a nuisance is admitted or established in an action as provided for in this Chapter an order 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 other person from further maintaining the nuisance at the place complained of, and the defendant from maintaining such nuisance elsewhere within the jurisdiction of this State. Lewd matter, illegal alcoholic beverages, gambling paraphernalia, or substances proscribed under the North Carolina Controlled Substances Act shall be destroyed and not be sold.
Such order may also require the effectual closing of the place against its use thereafter for the purpose of conducting any such nuisance.
The provisions of this Article, relating to the closing of a place with respect to obscene or lewd matter, shall not apply in any order of the court to any theatre or motion picture establishment which does not, in the regular, predominant, and ordinary course of its business, show or demonstrate lewd films or motion pictures, as defined in this Article, but any such establishment may be permanently enjoined from showing such film judicially determined to be obscene hereunder and such film or motion picture shall be destroyed and all proceeds and moneys received therefrom, 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.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 19 - Offenses Against Public Morals
Article 1 - Abatement of Nuisances.
§ 19-1 - What are nuisances under this Chapter.
§ 19-1.2 - Types of nuisances.
§ 19-1.3 - Personal property as a nuisance; knowledge of nuisance.
§ 19-1.4 - Liability of successive owners for continuing nuisance.
§ 19-1.5 - Abatement does not preclude action.
§ 19-2.1 - Action for abatement; injunction.
§ 19-2.2 - Pleadings; jurisdiction; venue; application for preliminary injunction.
§ 19-2.4 - Notice of hearing on preliminary injunction; consolidation.
§ 19-2.5 - Hearing on the preliminary injunction; issuance.
§ 19-3 - Priority of action; evidence.
§ 19-4 - Violation of injunction; punishment.
§ 19-5 - Content of final judgment and order.
§ 19-6.1 - Forfeiture of real property.