The opinion
*51 Judge Lewis
dissenting.
The parties have stipulated that Tobie’s Lounge is a business of the type regulated by Section 8-205 of the Onslow County Code. The ordinance says it is adopted “under authority granted by . . . Chapter 153A,” and that it applies to any “land within the county exclusive of the jurisdiction of any incorporated municipality (as herein stated).” Onslow County Code § 8-201 (1992) (emphasis added). The parenthetical indicates that “jurisdiction” refers to jurisdiction under police powers, the “herein stated” Chapter 153A at issue. There is no mention anywhere in the ordinance of any planning or zoning statutes; rather, the ordinance cites only police power statutes. Furthermore, although the City’s resolution titled, “A RESOLUTION ALLOWING ONSLOW COUNTY TO ENFORCE ITS ADULT BUSINESS ORDINANCE WITHIN THE CITY’S ONE-MILE EXTRATERRITORIAL JURISDICTION,” is not dispositive of the issue, it provides further notice to defendants that the County ordinance applies to their establishment. Finally, section 8-202 clarifies that the ordinance is intended to regulate adult businesses “located in the county.” Onslow County Code § 8-202 (1992).
Accordingly, I disagree with the majority’s reasoning that the ordinance is vague in its use of the term “jurisdiction” and that defendants might lack notice of the applicability of this ordinance to their business. Courts presume that defendants know the law, see State v. Rose, 312 N.C. 441, 446 , 323 S.E.2d 339, 342 (1984), and this specific ordinance was adopted pursuant to County police powers according to our prior case law. See Onslow County v. Moore, 129 N.C. App. 376, 382 , 499 S.E.2d 780, 785 , disc. review denied, 349 N.C. 361 , — S.E.2d — (1998); Maynor v. Onslow County, 127 N.C. App. 102, 106 , 488 S.E.2d 289, 292 , cert. denied, 347 N.C. 400 , 496 S.E.2d 385 (1997). When the ordinance refers to jurisdiction “as herein stated,” and no mention ever is made to planning or zoning statutes, or any statutes other than police power statutes, “jurisdiction” can mean only jurisdiction under the County’s police powers. “Jurisdiction” in the ordinance is not a vague term.
The majority insinuates that these defendants might reasonably have believed they were operating their topless bar outside the reach of Onslow County police powers to regulate them and outside the City’s power to regulate since they were within the City’s jurisdiction only for zoning and planning purposes. I cannot believe that these business owners operated under the assumption that they had found a strip club utopia where no municipal force regulated for the health, *52 safety, and welfare of the people. This Court had provided defendants notice that this County ordinance regulated topless bars such as theirs, and that it was enacted pursuant to the County’s police powers. There is no ambiguity in the term “jurisdiction” in the County ordinance, and I vote to reverse and remand for trial.
I respectfully dissent.