NCS000405_27_Gibsonville Code of Ordinances_20211122

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GIBSONVILLE, NORTH CAROLINA
CODF ^' ORDINANCES
2019 S-4 Supplement contains:
Local legislation current through 8-5-2019
State legislation current through North Carolina Legislative Service, 2019 Pamphlet #4
Published by:
American Legal Publishing Corporation
One West Fourth Street, Third Floor
Cincinnati, Ohio 45202
Tel: [phone]
Fax: [phone]
Internet: www.amlegal.com
ADOPTING ORDINANCE
AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE TOWN OF GIBSONVILLE,
NORTH CAROLINA, REVISING, AMENDING, RESTATING, CODIFYING, AND COMPILING
CERTAIN EXISTING GENERAL ORDINANCES OF THE POLITICAL SUBDIVISION DEALING
WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES, AND DECLARING AN
EMERGENCY.
WHEREAS, the present general and permanent ordinances of the political subdivision are
inadequately arranged and classified and are in insufficient form and substance for the complete
preservation of the public peace, health, safety, and general welfare of the municipality and for the
proper conduct of its affairs; and
WHEREAS, the Acts of the Legislature of the State of North Carolina empower and authorize the
political subdivision to revise, amend, restate, codify, and compile any existing ordinances and all new
ordinances not heretofore adopted and published and to incorporate such ordinances into one
ordinance in book form; and
WHEREAS, the Legislative Authority of the Political Subdivision has authorized a general compilation,
revision, and codification of the ordinances of the Political Subdivision of a general and permanent
nature and publication of such ordinance in book form; and
WHEREAS, it is necessary to provide for the usual daily operation of the municipality and for the
immediate preservation of the public peace, health, safety, and general welfare of the municipality that
this ordinance take effect at an early date
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NOW, THEREFORE BE IT ORDAINED BY THE LEGISLATIVE AUTHORITY OF THE POLITICAL
SUBDIVISION OF GIBSONVILLE, NORTH CAROLINA-
Section 1: The general ordinances of the Political Subdivision as revised, amended, restated,
codified, and compiled in book form are hereby adopted as and shall constitute the "Code of
Ordinances of the Town of Gibsonville, North Carolina"
Section 2: Such Code of Ordinances as adopted in Section 1 shall consist of the following Titles:
CHARTER
TITLE I: General Provisions
TITLE III: Administration
TITLE IV: Public Works
TITLE VII: Traffic Code
TITLE IX:
General Regulations
TITLE XI:
Business Regulations
TITLE XIII:
General Offenses
TITLE XV: Land Usage
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
INDEX
Section 3: All prior ordinances pertaining to the subjects treated in such Code of Ordinances shall be
deemed repealed from and after the effective date of this ordinance except as they are included and
reordained in whole or in part in such Code; provided, such repeal shall not affect any offense
committed or penalty incurred or any right established prior to the effective date of this ordinance, nor
shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or
detaching territory, establishing franchises, or granting special rights to certain persons, authorizing
the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal
property, granting or accepting easements, plat or dedication of land to public use, vacating or setting
the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of a
temporary or special nature or pertaining to subjects not contained in or covered by the Code.
Section 4: Such Code shall be deemed published as of the day of its adoption and approval by the
Legislative Authority and the Clerk of the Political Subdivision is hereby authorized and ordered to file
a copy of such Code of Ordinances in the Office of the Clerk.
Section 5: Such Code shall be in full force and effect as provided in Section 6, and such Code shall
be presumptive evidence in all courts and places of the ordinance and all provisions, sections,
penalties, and regulations therein contained and of the date of passage, and that the same is properly
signed, attested, recorded, and approved and that any public hearings and notices thereof as required
by law have been given.
Section 6: This ordinance is declared to be an emergency measure necessary for the immediate
preservation of the peace, health, safety, and general welfare of the people of this municipality, and
shall take effect at the earliest date provided by law.
Passed and Adopted by the Legislative Authority of the Political Subdivision on this 6th day of January
1997.
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ATTEST: R. Delano Flynn /s/ W. F. Moricle /s/
Town Clerk Mayor
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ARTICLE I
Incorporation, Corporate Powers, and Boundaries
Section 1.1 Incorporation.
Section 1.2 Powers.
Section 1.3 Corporate limits.
ARTICLE 11
Mayor and Board of Aldermen
Section 2.1 Governing body.
Section 2.2 Selection of the Mayor; term of office: duties.
Section 2.3 Mayor Pro Tempore.
Section 2.4 Board of Alderman; composition; terms of office.
ARTICLE Ill
Elections
Section 3.1 Regular municipal elections; conduct.
Section 3.2 Method of election: officers elected at -large.
ARTICLE IV
Organization and Administration
Section 4.1
Form of government.
Section 4.2
Town Manager.
Section 4.3
Town Attorney.
Section 4.4
Town Clerk.
Section 4.5
Town Tax Collector.
Section 4.6
Other administrative officers and employees.
ARTICLE V
Special Provisions
Section 5.1 Liens for utility charges.
Section 5.2 Personal interest.
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Editorial Note:
The Town's Charter is derived from Chapter 392, Session Laws of 1979, April 18, 1979. The
charter is reproduced herein as enacted, including arrangement and section numbers and catchlines.
Subsequent amendments to the charter will be indicated by a history note at the end of each amended
section. The absence of such a note indicates that the section has not been amended.
ARTICLE I
INCORPORATION, CORPORATE POWERS AND BOUNDARIES
SECTION 1.1 INCORPORATION.
The Town of Gibsonville, North Carolina located in the counties of Guilford and Alamance, and the
inhabitants thereof, shall continue to be a municipal body politic and corporate, under the name and
style of the "Town of Gibsonville" (hereinafter at times referred to as the "Town").
SECTION 1.2 POWERS.
The Town of Gibsonville shall have and may exercise all of the powers, duties, rights, privileges and
immunities which are now or hereafter may be conferred, either expressly or by implication, upon the
Town specifically or upon municipal corporations generally by this Charter, by the State Constitution,
or by general or local law.
SECTION 1.3 CORPORATE LIMITS.
The corporate limits of the Town shall be those existing at the time of ratification of this Charter, as
the same are set forth on the official map of the Town, and as the same may be altered from time to
time in accordance with law. An official map of the Town, showing the current Town boundaries, shall
be maintained permanently in the office of the Town Clerk, and shall be available for public inspection.
Upon alteration of the corporate limits made pursuant to law, the corresponding changes to the official
map of the Town shall be made.
ARTICLE II
MAYOR AND BOARD OF ALDERMEN
SECTION 2.1 GOVERNING BODY.
The Mayor and Board of Aldermen, elected and constituted as herein set forth, shall be the
governing body of the Town. On behalf of the Town, and in conformity with applicable laws, the Mayor
and Board may provide for the exercise of all municipal powers, and shall be charged with the general
government of the Town.
SECTION 2.2 SELECTION OF THE MAYOR; TERM OF OFFICE; DUTIES.
The Mayor shall be elected by the qualified voters of the Town for a term of four (4) years, in the
manner provided by Article III of this Charter. The Mayor shall be the official head of the Town
government, and shall preside at all meetings of the Board of Aldermen. The Mayor shall have the
right to vote on matters before the Board only where there is an equal number of votes in the
affirmative and in the negative.
SECTION 2.3 MAYOR PRO TEMPORE.
In accordance with applicable State laws, the Board of Aldermen shall appoint one (1) of its
members to act as Mayor Pro Tempore to perform the duties of the Mayor in the Mayor's absence or
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disability. In the event of a vacancy in the office of the Mayor, the Mayor Pro Tempore shall perform
the duties of the Mayor until the vacancy is filled. The Mayor Pro Tempore as such shall have no fixed
term of office, but shall serve in such capacity at the pleasure of the remaining members of the Board.
SECTION 2.4 BOARD OF ALDERMEN; COMPOSITION; TERMS OF OFFICE.
The Board of Aldermen shall be composed of five (5) members, each of whom shall be elected for a
term of four (4) years in the manner provided by Article III of this Charter.
ARTICLE III
ELECTIONS
SECTION 3.1 REGULAR MUNICIPAL ELECTIONS; CONDUCT.
(a) Regular municipal elections shall be held in the Town every two (2) years in odd -numbered
years, and shall be conducted in accordance with the uniform municipal election laws of North
Carolina.
(b) At the regular municipal election to be held in 1979, and every four (4) years thereafter, the
Mayor and three (3) members of the Board of Aldermen shall be elected by the qualified voters of the
Town. At the regular municipal election to be held in 1981, and every four (4) years thereafter, two (2)
members of the Board of Aldermen shall be elected by the qualified voters of the Town.
SECTION 3.2 METHOD OF ELECTION; OFFICERS ELECTED AT -LARGE.
The Mayor and members of the Board of Aldermen shall be elected according to the non -partisan
plurality method of election, as provided in G.S. 163-292. The Mayor and members of the Board shall
be elected at -large by the qualified voters of the Town.
ARTICLE IV
ORGANIZATION AND ADMINISTRATION
SECTION 4.1 FORM OF GOVERNMENT.
The Town shall operate under the council-manager form of government, in accordance with Part 2 of
Article 7, Chapter 160A of the General Statutes.
SECTION 4.2 TOWN MANAGER.
The Board of Aldermen shall appoint a Town Manager who shall be the administrative head of Town
government, and who shall be responsible to the Board for the proper administration of the affairs of
the Town. The Town Manager shall hold office at the pleasure of the Board, and shall receive such
compensation as the Board shall determine. In exercising the duties of chief administrator, the
Manager shall have the power and responsibility to:
(1) Appoint and suspend or remove all Town officers and employees not elected by the people, and
whose appointment or removal is not otherwise provided for by law, except the Town Attorney, in
accordance with such general personnel rules, regulations, policies or ordinances as the Board may
adopt.
(2) Direct and supervise the administration of all departments, offices, and agencies of the Town,
subject to the general direction and control of the Board, except as otherwise provided by law.
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(3) Attend all meetings of the Board, unless excused therefrom, and shall recommend any
measures deemed expedient.
(4) See that all laws of the State, the Town Charter, and the ordinances, resolutions and regulations
of the Board are faithfully executed with the Town.
(5) Prepare and submit the annual budget and capital program to the Board.
(6) Keep the Board fully advised as to the financial condition of the Town and annually submit to
the Board, and make available to the public, a complete report on the finances and administrative
activities of the Town as of the end of the fiscal year.
(7) Make any other reports that the Board may require concerning the operation of the Town
departments, offices and agencies subject to his direction and control.
(8) Perform any other duties that may be required or authorized by the Board.
SECTION 4.3 TOWN ATTORNEY.
The Board of Aldermen shall appoint a Town Attorney who shall be licensed to engage in the
practice of law in the State of North Carolina. It shall be the duty of the Town Attorney to prosecute
and defend suits brought by and against the Town; to advise the Mayor, Board of Aldermen and other
Town officials with respect to the affairs of the Town; to draft legal documents relating to the affairs of
the Town; to inspect and pass upon agreements, contracts, franchises and other instruments with
which the Town may be concerned; and to perform other duties required by law or as the Board may
direct. The Board of Aldermen may employ other legal counsel from time to time, in addition to the
Town Attorney, as may be necessary to handle adequately the legal affairs of the Town.
SECTION 4.4 TOWN CLERK.
The Board of Aldermen shall appoint a Town Clerk to keep a journal of the proceedings of the
Board, to maintain in a safe place all records and documents pertaining to the affairs of the Town, and
to perform such other duties as may be required by law or as the Board may direct.
SECTION 4.5 TOWN TAX COLLECTOR.
The Board of Aldermen shall appoint a Town Tax Collector to collect all taxes, licenses, fees and
other moneys belonging to the Town, subject to the General Statutes, the provisions of this Charter
and the ordinances of the Town. The Town Tax Collector shall diligently comply with and enforce all
the laws of North Carolina relating to the collection of taxes by municipalities.
SECTION 4.6 OTHER ADMINISTRATIVE OFFICERS AND EMPLOYEES.
Consistent with applicable State laws, the Board of Aldermen may establish other positions, provide
for the appointment of other administrative officers and employees, and generally organize the Town
government in order to promote the orderly and efficient administration of the affairs of the Town.
ARTICLE V
SPECIAL PROVISIONS
SECTION 5.1 LIENS FOR UTILITY CHARGES.
In case any charge for utility service or for the use of utility facilities, including but not limited to water
supply and distribution, is not paid within 10 days after it becomes due, the same shall become a lien
upon the property served or in connection with which the service or facility is used, provided that the
owner of the property is in actual possession thereof at the time the service for which the charge here-
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under is made was rendered. The lien may be fore -closed in the manner that special assessment
liens may be foreclosed pursuant to G.S. 105-374(g) or G.S. 105-375(e).
SECTION 5.2 PERSONAL INTEREST.
Neither the Mayor nor any member of the Board of Aldermen, nor any officer or employee of the
Town shall have a financial interest, direct or indirect, in any contract with the Town, or be financially
interested, directly or indirectly, in the sale to the Town of any land, materials, supplies or services,
except on behalf of the Town as an officer or employee. Any willful violation of this section shall
constitute malfeasance in office, and any officer or employee of the Town found guilty thereof shall
thereby forfeit his office or position. Any violation of this section, with the knowledge expressed or
implied of the person or corporation contracting with the Town, shall render the contract voidable by
the Board of Aldermen.
RELATED LOCAL LAWS
(Reserved for future legislation)
TITLE I: GENERAL PROVISIONS
Chapter
10. GENERAL PROVISIONS
Section
CHAPTER 10: GENERAL PROVISIONS
10.01 Title of code
10.02 Interpretation
10.03 Application to future ordinances
10.04 Captions
10.05 Definitions
10.06 Rules of interpretation
10.07 Severability
10.08 Reference to other sections
10.09 Reference to offices
10.10 Errors and omissions
10.11 Official time
10.12 Reasonable time
10.13 Ordinances repealed
10.14 Ordinances unaffected
10.15 Provisions considered continuations of existing ordinances
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10.16 Effective date of ordinances
10.17 Repeal or modification of ordinance
10.18 Ordinances which amend or supplement code
10.19 Section histories; statutory references
10.99 General penalty
§ 10.01 TITLE OF CODE.
This codification of ordinances by and for the municipality of Gibsonville shall be designated as the
Code of Gibsonville and may be so cited.
§ 10.02 INTERPRETATION.
Unless otherwise provided herein, or by law or implication required, the same rules of construction,
definition, and application shall govern the interpretation of this code as those governing the
interpretation of state law.
§ 10.03 APPLICATION TO FUTURE ORDINANCES.
All provisions of Title I compatible with future legislation, shall apply to ordinances hereafter adopted
amending or supplementing this code unless otherwise specifically provided.
§ 10.04 CAPTIONS.
Headings and captions used in this code other than the title, chapter, and section numbers are
employed for reference purposes only and shall not be deemed a part of the text of any section.
('75 Code, § 1.3)
§ 10.05 DEFINITIONS.
(A) General rule. Words and phrases shall be taken in their plain, or ordinary and usual sense.
However, technical words and phrases having a peculiar and appropriate meaning in law shall be
understood according to their technical import.
(B) Specific terms. For the purpose of this code, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
CODE, THIS CODE or THIS CODE OF ORDINANCES. This municipal code as modified by
amendment, revision, and adoption of new titles, chapters, or sections.
COUNTY. Guilford and/or Alamance Counties, North Carolina.
MAY. The act referred to is permissive.
MONTH. A calendar month.
MUNICIPALITY, MUNICIPAL CORPORA- TION, or TOWN. The town of Gibsonville, North
Carolina.
OATH. An affirmation in all cases in which, by law, an affirmation may be substituted for an oath,
and in such cases the words SWEAR and SWORN shall be equivalent to the words AFFIRM and
AFFIRMED.
OFFICER, OFFICE, EMPLOYEE, COMMISSION, or DEPARTMENT. An officer, office, employee,
commission, or department of this municipality unless the context clearly requires otherwise.
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PERSON. Extends to and includes person, persons, firm, corporation, copartnership, trustee,
lessee, or receiver. Whenever used in any clause prescribing and imposing a penalty, the terms
PERSON or WHOEVER as applied to any unincorporated entity shall mean the partners or members
thereof, and as applied to corporations, the officers or agents thereof.
PRECEDING or FOLLOWING. Next before or next after, respectively.
SHALL. The act referred to is mandatory.
SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write.
STATE. The State of North Carolina.
SUBCHAPTER. A division of a chapter, designated in this code by a heading in the chapter
analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related
by the subject matter of the heading. Not all chapters have subchapters.
WRITTEN. Any representation of words, letters, or figures, whether by printing or otherwise.
YEAR. A calendar year, unless otherwise expressed; equivalent to the words YEAR OF OUR
LORD.
('75 Code, § 1.1)
§ 10.06 RULES OF INTERPRETATION.
The construction of all ordinances of this municipality shall be by the following rules, unless such
construction is plainly repugnant to the intent of the legislative body or of the context of the same
ordinance:
(A) AND or OR. Either conjunction shall include the other as if written "and/or," if the sense
requires it.
(B) Acts by assistants. When a statute or ordinance requires an act to be done which, by law, an
agent or deputy as well may do as the principal, such requisition shall be satisfied by the performance
of such act by an authorized agent or deputy.
(C) Gender; singular and plural; tenses. Words denoting the masculine gender shall be deemed to
include the feminine and neuter genders; words in the singular shall include the plural, and words in
the plural shall include the singular; the use of a verb in the present tense shall include the future, if
applicable.
(D) General term. A general term following specific enumeration of terms is not to be limited to the
class enumerated unless expressly so limited.
('75 Code, § 1.1)
§ 10.07 SEVERABILITY.
If any provision of this code as now or later amended or its application to any person or
circumstance is held invalid, the invalidity does not affect other provisions that can be given effect
without the invalid provision or application.
('75 Code, § 1.6)
§ 10.08 REFERENCE TO OTHER SECTIONS.
Whenever in one section reference is made to another section hereof, such reference shall extend
and apply to the section referred to as subsequently amended, revised, recodified, or renumbered
unless the subject matter is changed or materially altered by the amendment or revision.
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§ 10.09 REFERENCE TO OFFICES.
Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of
this municipality exercising the powers, duties, or functions contemplated in the provision, irrespective
of any transfer of functions or change in the official title of the functionary.
§ 10.10 ERRORS AND OMISSIONS.
If a manifest error is discovered, consisting of the misspelling of any words; the omission of any
word or words necessary to express the intention of the provisions affected; the use of a word or
words to which no meaning can be attached; or the use of a word or words when another word or
words was clearly intended to express such intent, such spelling shall be corrected and such word or
words supplied, omitted, or substituted as will conform with the manifest intention, and the provisions
shall have the same effect as though the correct words were contained in the text as originally
published. No alteration shall be made or permitted if any question exists regarding the nature or
extent of such error.
§ 10.11 OFFICIAL TIME.
The official time, as established by applicable state and federal laws, shall be the official time within
this municipality for the transaction of all municipal business.
§ 10.12 REASONABLE TIME.
(A) In all cases where an ordinance requires an act to be done in a reasonable time or requires
reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is
necessary for a prompt performance of such act or the giving of such notice.
(B) The time within which an act is to be done, as herein provided, shall be computed by excluding
the first day and including the last. If the last day be Sunday, it shall be excluded.
§ 10.13 ORDINANCES REPEALED.
This code, from and after its effective date, shall contain all of the provisions of a general nature
pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the
subjects treated by this code shall be deemed repealed from and after the effective date of this code.
§ 10.14 ORDINANCES UNAFFECTED.
All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not
embraced in this code shall remain in full force and effect unless herein repealed expressly or by
necessary implication.
§ 10.15 PROVISIONS CONSIDERED CONTINUATIONS OF EXISTING ORDINANCES.
The provisions appearing in this code, so far as they are the same as ordinances adopted prior to
this code and included herein, shall be considered as continuations thereof and not as new
enactments.
('75 Code, § 1.2)
§ 10.16 EFFECTIVE DATE OF ORDINANCES.
All ordinances passed by the legislative body requiring publication shall take effect from and after
the due publication thereof unless otherwise expressly provided. Ordinances not requiring publication
shall take effect from their passage, unless otherwise expressly provided.
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§ 10.17 REPEAL OR MODIFICATION OF ORDINANCE.
(A) Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent
ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until
the due publication of the ordinance repealing or modifying it when publication is required to give
effect thereto, unless otherwise expressly provided.
(B) No suit, proceedings, right, fine, forfeiture, or penalty instituted, created, given, secured, or
accrued under any ordinance previous to its repeal shall in any way be affected, released, or
discharged, but may be prosecuted, enjoyed, and recovered as fully as if the ordinance had continued
in force unless it is otherwise expressly provided.
(C) When any ordinance repealing a former ordinance, clause, or provision shall be itself repealed,
the repeal shall not be construed to revive the former ordinance, clause, or provision, unless it is
expressly provided.
('75 Code, § 1.4)
§ 10.18 ORDINANCES WHICH AMEND OR SUPPLEMENT CODE.
(A) If the legislative body shall desire to amend any existing chapter or section of this code, the
chapter or section shall be specifically repealed and a new chapter or section, containing the desired
amendment, substituted in its place.
(B) Any ordinance which is proposed to add to the existing code a new chapter or section shall
indicate, with reference to the arrangement of this code, the proper number of such chapter or
section. In addition to such indication thereof as may appear in the text of the proposed ordinance, a
caption or title shall be shown in concise form above the ordinance.
§ 10.19 SECTION HISTORIES; STATUTORY REFERENCES.
(A) As histories for the code sections, the specific number and passage date of the original
ordinance, and the most recent three amending ordinances, if any, are listed following the text of the
code section. Example: (Ord. 10, passed 5-13-60; Am. Ord. 15, passed 1-1-70; Am. Ord. 20, passed
1-1-80; Am. Ord. 25, passed 1-1-85)
(B) (1) If a statutory cite is included in the history, this indicates that the text of the section reads
substantially the same as the statute. Example: (G.S. §§ 139-1, et seq.) (Ord. 10, passed 1-17-80;
Am. Ord. 20, passed 1-1-85).
(2) If a statutory cite is set forth as a "statutory reference" following the text of the section, this
indicates that the reader should refer to that statute for further information. Example:
§ 39.01 PUBLIC RECORDS AVAILABLE.
This municipality shall make available to any person for inspection or copying all public records, unless
otherwise exempted by state law.
Statutory reference:
For provisions concerning the inspection of public records, see G.S. §§ 139-1 et seq.
(C) If a section of this code is derived from the previous code of ordinances of the city published in
1975 and subsequently amended, the 1975 code section number shall be indicated in the history by
"(75 Code, § _)."
§ 10.99 GENERAL PENALTY.
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Unless otherwise specifically provided, if any person shall violate any provision of this code of
ordinances, except any provision regulating the operation or parking of vehicles, he or she shall be
guilty of a Class 3 misdemeanor and shall be fined not more than $50 or imprisoned for not more than
30 days.
(G.S. § 14-4(a))
Statutory reference:
Enforcement of ordinances, see G. S. § 160.175
TITLE III: ADMINISTRATION
Chapter
30. BOARD OF ALDERMEN
31. TOWN OFFICERS AND EMPLOYEES
32. POLICE DEPARTMENT
33. FIRE DEPARTMENT
34. (RESERVED)
35. FINANCE AND TAXATION
36. TOWN POLICIES
Section
CHAPTER 30: BOARD OF ALDERMEN
General Provisions
30.01 Elective officers
30.02 Oath
30.03 Claims against town
30.04 Officers and employees not to be pecuniarily interested in contracts
30.05 Board may consolidate offices
Meetings
30.15 Organizational meeting of Board
30.16 Regular meetings
30.17 Special meetings
30.18 Adjourned meetings
30.19 Quorum
30.20 Minutes
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30.21 Mayor presides over meetings
30.22 Procedure of meetings
30.23 Committees appointed by Mayor
30.24 Resignation of members
30.25 Voting
30.26 Vacancies
30.27 Disqualification
Town Ordinances
30.35 Effective date
30.36 Ordinance confined to one subject
30.37 Franchises; technical ordinances
30.38 Ordinance book
30.39 Ordinance amending
30.40 Ordinances; additions to code
30.41 Repeal or ordainment of chapters, subchapters or sections
GENERAL PROVISIONS
§ 30.01 ELECTIVE OFFICERS.
The governing body shall consist of a Mayor and a Board of Aldermen, consisting of five members,
who shall be elected in accordance with the provisions contained in the Charter.
('75 Code, § 2.1) ('67 Code, Chapter A, § 1)
§ 30.02 OATH.
The Mayor and each Alderman -elect shall, before entering upon the duties of his office, take and
subscribe, before some person lawfully entitled to administer oaths, an oath or affirmation to support
the Constitution of the United States and the Constitution of North Carolina and the laws made
pursuant thereto and to faithfully perform the duties of their offices, which oath or affirmation shall be
entered upon the minutes of the Board subscribed as aforesaid and attested by the officer
administering same.
('75 Code, § 2.2) ('67 Code, Chapter A, § 2)
§ 30.03 CLAIMS AGAINST TOWN.
All persons having claims against the town are required to present them in writing at the regular
meeting of the Board, but the Board may consider, pass upon and audit such claims at any meeting,
whether special or regular.
('75 Code, § 2.23) ('67 Code, Chapter A, § 26)
§ 30.04 OFFICERS AND EMPLOYEES NOT TO BE PECUNIARILY INTERESTED IN
CONTRACTS.
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No member of the Board or other officer or employee shall be pecuniarily interested, directly or
indirectly, in any contract made or entered into by the Board, nor in any matter where the rights or
liabilities of the town are, or may be, involved.
('75 Code, § 2.24) ('67 Code, Chapter A, § 27)
§ 30.05 BOARD MAY CONSOLIDATE OFFICES.
The Board may in their discretion consolidate any two or more offices and assign the duties of both
offices to one or more persons.
('75 Code, § 2.25) ('67 Code, Chapter A, § 28)
MEETINGS
§ 30.15 ORGANIZATIONAL MEETING OF BOARD.
(A) The organizational meeting of the Board shall be held on the date and at the time of the first
regular meeting in December after the results of each regular municipal election have been certified.
At the organizational meeting the newly elected Mayor and Aldermen shall qualify by taking the oath
of office prescribed in Article VI, Section 7 of the Constitution.
(B) The organization of the Board shall take place notwithstanding the absence, death, refusal to
serve, failure to qualify, or nonelection of one or more members, but at least a quorum of the members
must be present.
(C) At the organizational meeting, the Board shall elect from its members a Mayor Pro Tempore to
serve at the pleasure of the Board. An Alderman serving as Mayor Pro Tempore shall be entitled to
vote on all matters and shall be considered an Alderman for all purposes, including the determina- tion
of whether a quorum is present. During the absence of the Mayor, the Board may confer upon the
Mayor Pro Tempore any of the powers and duties of the Mayor. If the Mayor should become
physically or mentally incapable of performing the duties of his office, the Board may by unanimous
vote declare that he is incapacitated and confer any of his powers and duties on the Mayor Pro
Tempore. Upon the Mayor's declaration that he is no longer incapacitated, and with the concurrence of
a majority of the Board, the Mayor shall resume the exercise of his powers and duties.
('75 Code, §§ 2.3 and 2.4)
Statutory reference:
For similar provisions, see §§ 160A-68 and 160A-70
§ 30.16 REGULAR MEETINGS.
There shall be a regular meeting of the Board at the City Hall or at such other place as may be
designated at 7.30 p.m., on the first and third Mondays of each month, unless otherwise specified, in
which case, each member of the Board shall be so notified. Meetings shall adjourn at 10:00 p.m.
unless otherwise agreed unanimously by the Board.
('75 Code, § 2.5) (Minute Book No. 12, pg. 241, Ord. passed 6-5-67)
§ 30.17 SPECIAL MEETINGS.
The Mayor, the Mayor Pro Tempore, or any three members of the Board may at any time call a
special Board meeting by signing a written notice stating the time and place of the meeting and the
subjects to be considered. The notice shall be delivered to the Mayor and each Alderman or left at his
usual dwelling place at least six hours before the meeting. Special meetings may be held at any time
when the Mayor and all members of the Board are present and consent thereto or when those not
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present have signed a written waiver of notice. Only those items of business specified in the notice
may be transacted at a special meeting unless all members are present or have signed a written
waiver of notice. ('75 Code, § 2.6)
Statutory reference:
For similar provisions, see G. S § 160-71
§ 30.18 ADJOURNED MEETINGS.
If a quorum shall fail to attend any regular or special meeting of the Board or if for any reason such
meeting shall fail to complete transaction of the business before the meeting, the meeting may be
adjourned to any date prior to the next regular meeting agreed upon by a majority of the members
present.
('75 Code, § 2.7) ('67 Code, Chapter A, § 5)
§ 30.19 QUORUM.
A majority of the membership of the Board shall constitute a quorum and no official business of the
town shall be transacted by the Board unless a quorum is present. The number required for a quorum
shall not be affected by vacancies. A member who has withdrawn from a meeting shall be counted as
present for purposes of determining whether or not a quorum is present.
('75 Code, § 2.8)
Statutory reference:
For similar provisions, see G.S. § 160A-74
§ 30.20 MINUTES.
It shall be the duty of the Clerk to cause to be kept in a book full and accurate minutes of all the
proceedings of the Board. Such minutes shall be open to the inspection of the public. The results of
each vote shall be recorded in the minutes, and upon the request of any member of the Board the
ayes and noes upon any question shall be taken.
('75 Code, § 2.9)
Statutory reference:
For similar provisions, see G.S. § 160A-72
§ 30.21 MAYOR PRESIDES OVER MEETINGS.
The Mayor, when present, shall preside at all meetings of the Board. In case of the absence of the
Mayor, the Mayor Pro Tempore shall preside.
('75 Code, § 2.10)
Statutory reference:
For similar provisions, see G.S. § 160A-70
§ 30.22 PROCEDURE OF MEETINGS.
(A) Agenda. The order of business at all regular meetings shall be as provided for in the agenda.
(1) If the Board directs any matter to be the special business of a future meeting, the same shall
have precedence over all other business at such meeting.
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(2) No proposition shall be entertained by the Mayor until it has been seconded, and every
proposition shall, when required by the Mayor or any member, be reduced to writing.
(B) Rules of procedure. Except as otherwise provided, by ordinance, the procedure of the Board
shall be governed by Robert's Rules of Order.
(C) Previous question. The previous question may be called at any time by a majority of the
members present. The "ayes" and "nays" may be called by any member.
(D) Motions having precedence.
(1) When a question is under consideration, no motion shall be received, except as follows:
(a) To lay on the table.
(b) To postpone to a time certain.
(c) To postpone indefinitely.
(d) To refer to a committee.
(e) To amend.
(f) To strike out or insert.
(g) To divide.
(2) Motions for any of these purposes shall have precedence in the order named.
(E) Motion to adjourn. A motion to adjourn shall always be in order and shall be decided without
debate.
('75 Code, §§ 2.11 through 2.15) ('67 Code, Chapter A, §§ 7 through 12)
§ 30.23 COMMITTEES APPOINTED BY MAYOR.
All committees shall, unless otherwise ordered, be appointed by the Mayor. All reports of committees
shall be in writing, and the committeemen shall receive such compensation for extra and special
service as the Board may designate.
('75 Code, § 2.16) ('67 Code, Chapter A, § 13)
§ 30.24 RESIGNATION OF MEMBERS.
Resignation of any member of the Board shall be in writing and such resignation shall lie on the
table until the next regular meeting unless considered by unanimous consent.
('75 Code, § 2.17) ('67 Code, Chapter A, § 16)
§ 30.25 VOTING.
(A) Vote by Mayor. When there is an equal division of the Board upon any question, or in the
election of officers, the Mayor may vote to break the tie, but shall have no vote under any other
circum- stances.
(B) Voting.
(1) No member shall be excused from
voting except upon matters involving the considers- tion of his own financial interest or official
conduct. In all other cases, a failure to vote by a member who is physically present in the Board
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chamber, or who has withdrawn without being excused by a majority vote of the remaining members
present, shall be recorded as an affirmative vote. The question of the compensation and allowances of
members of the Board is not a matter involving a member's own financial interest or official conduct.
(2) An affirmative vote equal to a majority of all the members of the Board not excused from
voting on the question in issue (including the Mayor's vote in case of an equal division) shall be
required to adopt an ordinance, take any action having the effect of an ordinance, authorize or commit
the expenditure of public funds, or make, ratify, or authorize any contract on behalf of the town. In
addition, no ordinance nor any action having the effect of any ordinance may be finally adopted on the
date on which it is introduced except by an affirmative vote equal to or greater than two-thirds of all the
members of the Board (not including the Mayor).
('75 Code, §§ 2.18 and 2.21) ('67 Code, Chapter A, §§ 17, 19, and 20)
Statutory reference:
For similar provisions, see G.S. § 160A-75
§ 30.26 VACANCIES.
Any vacancy caused by the death, resignation or disqualification of a member of the Board, shall be
filled by a majority vote of the Board.
('75 Code, § 2.19)
§ 30.27 DISQUALIFICATION.
If any member of the Board shall move his residence from the town, his office shall at once be
declared vacant, and shall be filled as provided by § 30.26.
('75 Code, § 2.20)
TOWN ORDINANCES
§ 30.35 EFFECTIVE DATE.
All ordinances shall be effective after the ratification thereof except ordinances specifying some
other effective date or ordinances required by state law to be effective only after having met specific
date requirements.
('75 Code, § 2.31)
§ 30.36 ORDINANCES CONFINED TO ONE SUBJECT.
All ordinances shall be confined to one subject, except appropriation ordinances, which shall be
confined to the subject of appropriations only.
('75 Code, § 2.32)
§ 30.37 FRANCHISES; TECHNICAL ORDINANCES.
(A) No ordinance making a grant, renewal, extension, or amendment of any franchise shall be
finally adopted until it has been passed at two regular meetings of the Board, and no such grant,
renewal, extension, or amendment shall be made otherwise than by ordinance.
(B) Any published technical code or any standards or regulations promulgated by any public
agency may be adopted in an ordinance by reference subject to G.S. § 143-138(e). A technical code
or set of standards or regulations adopted by reference in an ordinance shall have the force of law
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within the town. Official copies of all technical codes, standards, and regulations adopted by
reference shall be maintained for public inspection in the office of the Clerk.
('75 Code, § 2.22)
§ 30.38 ORDINANCE BOOK.
The Clerk shall file a true copy of each ordinance, until it is codified in this code, in an ordinance
book separate and apart from the Board's minute book. The ordinance book shall be appropriately
indexed and maintained for public inspection in the office of the Clerk.
('75 Code, § 2.34)
Statutory reference:
For similar provisions, see G.S. § 160A-78
§ 30.39 ORDINANCES AMENDING.
If the Board shall desire to amend any existing chapter or section of this code, the chapter or section
shall be specifically repealed, and a new chapter or section, containing the desired amendment,
substituted in its place.
('75 Code, § 2.35) ('67 Code, Chapter A, § 23)
§ 30.40 ORDINANCES; ADDITIONS TO CODE.
Any ordinance which is proposed to add to the existing code a new chapter, subchapter or section
shall indicate, with reference to the arrangement of this code, the proper number of such chapter,
subchapter or section. In addition to such indication thereof as may be contained in the text of such
proposed ordinance, the same shall be shown in concise form above the ordinance.
('75 Code, § 2.36) ('67 Code, Chapter A, § 24)
§ 30.41 REPEAL OR ORDAINMENT OR CHAPTERS, SUBCHAPTERS OR SECTIONS.
Not more than one chapter, subchapter, or section of the code shall be amended, repealed, or
ordained by any one ordinance, unless such chapters, subchapters, or sections are consecutive.
('75 Code, § 2.37) ('67 Code, Chapter A, § 25)
Section
CHAPTER 31: TOWN OFFICIALS AND EMPLOYEES
General Provisions
31.01 Employee's bonds
Mayor
31.15 Chief executive of town
31.16 Office of Mayor
Town Clerk
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31.25 Selection of officer
31.26 Duties
Town Treasurer
31.35 Selection of officer
31.36 Duties
31.45 Selection of office
31.46 Duties
Tax Collector
Town Attorney
31.55 Selection of office
31.56 Duties
Town Manager
31.65 Appointment
31.66 Term of office; compensation
31.67 Duties
31.68 Relation to Mayor and Board
GENERAL PROVISIONS
§ 31.01 EMPLOYEE'S BONDS.
The Clerk and other officers or employees required by the Board shall, before entering upon their
duties, post bond in amounts specified by the Board consonant with the state General Statutes. All
bond premiums shall be paid from town funds, provided that when two offices are combined, such as
the offices of the Clerk and Treasurer, only one bond shall be required.
('75 Code, § 2.56)
MAYOR
§ 31.15 CHIEF EXECUTIVE OF TOWN.
The Mayor shall be chief executive of the town. ('75 Code, § 2.41) ('67 Code, Chapter B, Art. 1, § 1)
§ 31.16 OFFICE OF MAYOR.
It shall be the duty of the Mayor to cause all ordinances of the town to be enforced, to attend and
preside over all meetings of the Board. It shall further be the duty of the Mayor within 30 days after
the close of each year to require a report to the Board from the various departments of the town
government for the previous year and recommend such adjust- ments as he may see fit, and the
Mayor shall perform such other duties as the Board may from time to time require. The Mayor shall
be the chief executive officer of the town.
('75 Code, § 2.42)
TOWN CLERK
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§ 31.25 SELECTION OF OFFICER.
At the first meeting of the Board after their election and qualification, or as soon thereafter as
practical, they shall elect a Clerk.
('75 Code, § 2.43) ('67 Code, Chapter B, Art. 2, § 1)
§ 31.26 DUTIES.
It shall be the duty of the Clerk to:
(A) Act as Clerk to the Board, and as such, keep a complete and accurate account of all
proceedings of all meetings in a book especially provided for this purpose by the Board.
(B) Do such other and further acts as the Charter and Board may require.
('75 Code, § 2.44) ('67 Code, Chapter B, Art. 2, § 2)
TOWN TREASURER
§ 31.35 SELECTION OF OFFICER.
At the first regular meeting of the Board in June 1967, and each odd year thereafter, after the regular
biennial municipal election and the installation of the newly elected members, or as soon thereafter as
possible, they shall elect a Treasurer, who shall serve a term not to exceed two years, or until his
successor be elected. He may succeed himself as Treasurer. The person so elected shall not be
deemed an officer of the town but shall act only as Treasurer of the Board.
('75 Code, § 2.45) ('67 Code, Chapter B, Art. 3, § 1)
§ 31.36 DUTIES.
It shall be the duty of the Treasurer to:
(A) Keep an accurate account of all moneys deposited in the name of the town and disbursed by
him for the town.
(B) Supply the Board with such information as they may require of him relative to finances.
(C) Make such disbursements as may be ordered by the Board, provided it be for a purpose for
which an appropriation has been made; provided, further, that all checks drawn at the order of the
Board shall be signed by the Treasurer and countersigned by the Mayor and should either of these
officers fail, neglect, refuse or be unable to draw or sign any check for a disbursement ordered by the
Board, then the Mayor Pro Tempore or the Assistant Treasurer shall perform their respective duties.
('75 Code, § 2.46) ('67 Code, Chapter B, Art. 3, § 2)
TAX COLLECTOR
§ 31.45 SELECTION OF OFFICE.
At the first meeting of the Board, after their election and qualification, or as soon thereafter as
possible, they shall elect a Tax Collector.
('75 Code, § 2.47) ('67 Code, Chapter B, Art. 4, § 1)
§ 31.46 DUTIES.
It shall be the duty of the Tax Collector to:
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(A) Collect all taxes due the town.
(B) Make an accounting to the Treasurer at the end of each quarter or upon request of the Town
Treasurer.
(C) Deposit to the credit of the town such money as is collected by him for the account of each
separate fund according to the tax levy.
(D) Deliver a list of all unpaid taxes with the reason therefor as ascertainable to the Board.
(E) Supply the Mayor and Board with such information as they may require of him relative to his
Department.
('75 Code, § 2.48) ('67 Code, Chapter B, Art. 4, § 2)
TOWN ATTORNEY
§ 31.55 SELECTION OF OFFICE.
At the first meeting of the Board, after their election and qualification, or as soon thereafter as
possible, they shall name a Town Attorney.
('75 Code, § 2.49) ('67 Code, Chapter B, Art. 5, § 1)
§ 31.56 DUTIES.
It shall be the duty of the Town Attorney to:
(A) Prosecute for and defend suits against the town, upon request of the Board.
(B) Advise the Mayor, Board, or any other officer of the town in regard to matters connected with
the town's business.
(C) Attend meetings of the Board when requested to do so by them.
(D) Draw such deeds, contracts, bonds, notes and other legal papers as may be required for the
proper conduct of the town's business.
(E) Draw all ordinances granting franchises.
('75 Code, § 2.50) ('67 Code, Chapter B, Art. 5, § 2)
TOWN MANAGER
§ 31.65 APPOINTMENT.
(A) Authority. Pursuant to the authority of G.S. § 160A-146 granting the Board of Aldermen power
to appoint such officers as may be necessary to conduct their affairs, the Board of the town shall
appoint an administrative officer whose title shall be Town Manager.
(B) Appointment. The Town Manager shall be appointed with regard to merit only, and he need not
be a resident of the town at the time of his appoint- ment. The Mayor or any member of the Board
shall not be eligible for appointment as Town Manager. The office of Town Manager may be combined
with any other town office and the Town Manager shall perform the duties of such other office as
directed by the Board.
('75 Code, §§ 2.51 and 2.52) (Ord. passed 3-31-72)
§ 31.66 TERM OF OFFICE; COMPENSATION.
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The Town Manager shall hold office at the pleasure of the Board and shall receive such
compensation as the Board shall by ordinance determine.
('75 Code, § 2.53) (Ord. passed 3-31-72)
§ 31.67 DUTIES.
The Town Manager shall have the following duties:
(A) Be the chief administrative officer of the town government responsible to the Mayor and the
Board for the performance of his duties. The Manager shall perform or supervise the performance of
all administrative affairs of the town as he may be authorized and directed so to do by the Mayor and
Board.
(B) Attend all regular and special meetings of the Board. In addition, he shall attend all committee
meetings of the Board when requested to do so by the Mayor or Board.
(C) Make investigations, studies and reports concerning town government affairs for the Mayor and
Board as they may direct and as the Manager shall from time to time deem necessary. Reports may
include recommendations for adopting such measures as the Manager may deem best for the good
government of the municipality.
(D) Keep the Mayor and Board fairly advised of the town's financial condition and its future financial
needs, and to perform such fiscal control duties in connection therewith as may from time to time be
authorized by the Board.
(E) Have authority to hire and fire all department heads. This authority does not extend to the Town
Clerk. Department Heads have the authority to hire and fire their subordinates with the concurrence of
the Town Manager.
(F) Have the responsibility of coordinating and directing all departments and personnel working far
the town except for the Town Attorney.
(G) Have the responsibility for preparing the annual budget based on the desires for programs by
the Board and his own judgment as to what is needed for the fiscal year.
(H) Have the responsibility for administering the budget once adopted.
(1) Have the authority to sign checks co -signed by the Town Clerk. His signature will mean that
funds have been duly appropriated in the Budget Ordinance for the expenditure for which the check is
being written.
(J) Perform such other duties and functions as the Board may prescribe.
('75 Code, § 2.54) (Ord. passed 3-31-72; Am. Ord. passed 1-15-73; Am. Ord. passed 4-20-76; Am.
Ord. 13-92, passed 2-17-92; Am. Ord. passed 11-4-13)
§ 31.68 RELATION TO MAYOR AND BOARD.
It is the intent of §§ 31.65 through 31.67 to establish the office of Town Manager as a means of
assisting the Mayor and members of the Board in expediting the duties imposed on them by the
Charter and the Code of the town.
('75 Code, § 2.55) (Ord. passed 3-31-72)
CHAPTER 32: POLICE DEPARTMENT
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Section
General Provisions
32.01 Rules and regulations
Organization and Policies
32.15 Organization
32.16 Manager to supervise
32.17 Chief of Police
32.18 Oath of office; holding other offices
32.19 Chief to assign duties
32.20 Summons of aid
32.21 Uniforms
32.22 Arrested person to be taken before magistrate
32.23 Extraterritorial jurisdiction
32.24 Duties of police officers
Auxiliary Police
32.35 Auxiliary Police Division established
32.36 Chief of Police to control; appointments and removals
32.37 Duties
32.38 Identification
32.39 Carrying and custody of firearms
32.40 Law enforcement powers
Cross-reference:
Concerning traffic provisions, see §§ 70.02 and 70.03
GENERAL PROVISIONS
§ 32.01 RULES AND REGULATIONS.
The rules and regulations of the Police Department, as adopted by the Board on August 8, 1976, as
amended thereafter from time to time, are hereby incorporated into this code by reference. A true and
accurate copy of these rules and regulations shall be maintained in the office of the Chief of Police.
('75 Code, § 3.13)
ORGANIZATION AND POLICIES
§ 32.15 ORGANIZATION.
The Police Department of the town shall consist of a Chief and as many policemen as the Board
shall from time to time determine and as many auxiliary policemen as the Mayor and Board may deem
necessary to appoint for special purposes.
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('75 Code, § 3.1)
§ 32.16 MANAGER TO SUPERVISE.
The Town Manager shall have general super- vision over the Police Department. The Manager may
suspend for cause any member of the Police Department.
('75 Code, § 3.2)
§ 32.17 CHIEF OF POLICE.
It shall be the duty of the Chief of Police to:
(A) Supervise, subject to the Town Manager, the Police Department.
(B) Preserve the peace by suppression of all disturbances and apprehension of all offenders.
(C) Serve all processes and precepts that may be issued to him by the Mayor or Town Manager.
(D) Assign such duties as he deems best to the police officers of the town.
(E) Assist the Tax Collector in collection of taxes.
(F) Do such other and further duties as the Mayor or Town Manager may assign.
('75 Code, § 3.3) ('67 Code, Chapter B, Art. 6, § 2)
§ 32.18 OATH OF OFFICE; HOLDING OTHER OFFICES.
Each person appointed or employed as Chief of Police, policeman, or auxiliary policeman shall take
and subscribe before some person authorized by law to administer oaths, the oath of office required
by Article VI, Sec. 7, of the Constitution. The oath shall be filed with the Clerk. The offices of
policeman, Chief of Police and auxiliary policeman may be held concurrently with any other appointive
office pursuant to Article VI, Sec. 9 of the Constitution.
('75 Code, § 3.4)
§ 32.19 CHIEF TO ASSIGN DUTIES.
The Chief of Police, subject to the Town Manager, shall have charge of the police force and as such
shall assign such duties to the policemen as he thinks best for the good order of the town and shall be
responsible to the Board in seeing that the
policemen faithfully perform their duties.
('75 Code, § 3.5) ('67 Code, Chapter F, § 3)
§ 32.20 SUMMONS OF AID.
The Chief of Police or any policeman of the town shall have authority, if resisted in the execution of
their lawful duties, to summon a sufficient number of men to aid them in enforcing the law; and it shall
be unlawful for any person so summoned to refuse to assist the Chief of Police or other officers.
('75 Code, § 3.6) ('67 Code, Chapter F, § 4)
§ 32.21 UNIFORMS.
All police officers shall wear uniforms as shall be provided by the town and shall keep such uniforms
in a neat and clean condition, and shall surrender all uniforms and equipment upon leaving the police
service of the town if such uniforms and equipment were furnished by the town.
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('75 Code, § 3.8)
§ 32.22 ARRESTED PERSON TO BE TAKEN BEFORE MAGISTRATE.
When any person is arrested by a police officer for the violation of any ordinance or state law, it shall
be the duty of the arresting officer to take immedi- ately the accused before the appropriate magistrate
as provided by the General Statutes of the state, who shall dispose of the charge against the accused
as provided by the statutes of the state.
('75 Code, § 3.9)
§ 32.23 EXTRATERRITORIAL JURISDICTION.
(A) In addition to their authority within the corporate limits, policemen shall have all the powers
invested in law enforcement officers by statute or common law within one mile of the corporate limits
of the town, and on all property owned by or leased to the town wherever located.
(B) When any offense is committed within the corporate limits of the town or within its extraterri-
torial jurisdiction under circumstances that would authorize a police officer to arrest the offender
without a warrant the officer may pursue the offender outside the corporate limits and outside the
town's extraterritorial jurisdiction for a distance of not more than three miles from the corporate limits
for the purposes of making an arrest. Any officer pursuing an offender outside the corporate limits or
extraterri- torial jurisdiction of the town shall be entitled to all of the privileges, immunities, and benefits
to which he would be entitled if acting within the town, including coverage under the workers'
compensation laws.
('75 Code, § 3.10)
Statutory reference:
For similar provisions, see G.S. § 160A-286
§ 32.24 DUTIES OF POLICE OFFICERS.
It shall be the duty of the police officers to:
(A) Especially preserve public peace, prevent crimes, detect and arrest offenders, suppress riots
and unlawful gatherings which obstruct the free passage on public streets, sidewalks, parks and public
places.
(B) Protect the rights of persons and property.
(C) Guard the public health.
(D) Preserve order at elections and all public meetings and assemblages.
(E) Regulate the movement of traffic in the streets and highways.
(F) Arrest mendicants and beggars.
(G) Provide proper police attendance at fires.
(H) Carefully observe and inspect all places of public amusement, and all places of business
having license to carry on such business, and to suppress and restrain all unlawful and disorderly
conduct or practices therein.
(1) Assist in enforcement of penalties for the violation of laws and ordinances in the town.
(J) Arrest all persons guilty of violating any law or ordinances.
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(K) Prevent as far as possible any injury to property and buildings, streets and sidewalks.
(L) Report to the Mayor any repairs needed to any public property.
(M) Serve all processes issued to them.
(N) Summon as many persons as may be necessary to assist them in the duties herein outlined.
(0) Perform any and all other duties that may be assigned to them by the Town Manager.
('75 Code, § 3.12) ('67 Code, Chapter F, § 9)
AUXILIARY POLICE
§ 32.35 AUXILIARY POLICE DIVISION ESTABLISHED.
There is hereby established within the Town Police Department, as a division thereof, an Auxiliary
Police Division. The Auxiliary Police Division shall be a volunteer organization, composed of as many
members as may from time to time be determined by the Board.
('75 Code, § 3.21)
§ 32.36 CHIEF OF POLICE TO CONTROL; APPOINTMENTS AND REMOVALS.
(A) The Auxiliary Police Division shall be under the direct control of the Chief of Police, acting
under the general supervision of the Town Manager. All appointments and removals of members of
the Auxil- iary Police Division shall be made in the same manner and under the same policies and
procedures
as may from time to time be established for appoint- ment and removal of regular police officers.
(B) The Auxiliary Police Division shall have no commanding officer, nor any officers, and all
members shall bear the rank of patrolman. Each member of the Auxiliary Police Division shall take
the oath of office of a regular policemen. The Chief of Police shall provide for adequate training of
member of the Auxiliary Police Division, and of candidates for membership.
('75 Code, § 3.22)
§ 32.37 DUTIES.
(A) The duties of the Auxiliary Police Division, subject at all times to the direction, supervision and
control of the Chief of Police, shall be to assist the regular members of the Police Department in the
enforcement of law and the maintenance of peace and order when called to active duty by the Chief of
Police. The Chief shall by order establish rules and regulations to govern the Auxiliary Police Division,
to fix the specific duties of its members, and to provide for the maintenance of discipline. Members of
the Auxiliary Police Division shall obey the instructions of regular police officers in carrying out their
duties.
(B) The Chief may prescribe other duties than those mentioned herein to be performed by the
Auxiliary Police Division with approval of the Town Manager.
('75 Code, § 3.23)
§ 32.38 IDENTIFICATION.
An identification card and such other insignia or evidence of identity as the Chief may prescribe shall
be issued to each member of the Auxiliary Police Division, who must carry the card and other
identification at all times while on duty, and who must surrender them upon the termination of his
membership.
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('75 Code, § 3.24)
§ 32.39 CARRYING AND CUSTODY OF FIREARMS.
No member of the Auxiliary Police Division shall, while on duty, carry or use any firearm except upon
the express order of the Chief of Police, and all official firearms shall be kept in custody of the Police
Department except when issued to a member of the Auxiliary Division for use on active duty while
accompanied by and under the supervision of one or more regular police officers except as authorized
by the Chief of Police.
('75 Code, § 3.25)
§ 32.40 LAW ENFORCEMENT POWERS.
(A) Authority limited. No member or members of the Auxiliary Police Division shall enforce, nor
attempt to enforce, any law except when called to active duty and except when immediately accom-
panied by one or more regular police officers.
(B) Power of arrest. Members of the Auxiliary Police Division shall, while undergoing official
training and while performing duties on behalf of the town, pursuant to orders or instructions of the
Chief of Police of the town be entitled to all powers of arrest, privileges and immunities afforded by law
to regularly employed policemen.
('75 Code, §§ 3.26 and 3.27)
Section
CHAPTER 33: FIRE DEPARTMENT
33.01 Organization
33.02 Chief of Fire Department; duties
33.03 Authority at fires
33.04 Protection of fire hose
33.05 Fire protection outside of town
Cross-reference:
Concerning traffic provisions, see §§ 70.02 and 70.03
Fire apparatus, see §§ 71.01 and 71.02
§ 33.01 ORGANIZATION.
The Fire Department shall consist of the Chief of the Fire Department and a sufficient number of
firemen (voluntary, part or full time) to maintain and operate the department. The Board of Aldermen
shall appoint the chief and approve the appointment to the department of all members. The
Department may from time to time adopt its own rules and regulations governing the Department,
subject to the approval of the Board of Aldermen. However, any such rules and regulations shall
include provisions for at least one training period each month and that any member who is absent
from two consecutive meetings without a bona fide reason be dropped from the Department.
('75 Code, § 4.1)
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§ 33.02 CHIEF OF FIRE DEPARTMENT; DUTIES.
(A) At the first meeting of the Board, after their election and qualification, or as soon thereafter as
possible, they shall elect a Chief of the Fire Department.
(B) Duties. It shall be the duty of the Chief of the Fire Department to:
(1) Supervise and direct the extinguishing of fires.
(2) Preserve and keep safe all equipment of the Fire Department.
(3) Compel when necessary all officers of the town or other persons to aid in the extinguishing of
fires.
(4) Enforce all rules and ordinances relative to fire prevention.
(5) Inspect all equipment of the Fire Department and report all needed repairs to the Board.
(6) Report all violations of any fire prevention ordinances.
(7) Annually report to the Board, the names, residences and occupations of all firemen, the
number and locality of fires which have occurred during the year, the causes thereof if they can be
ascertained, name of the owner and value of the property destroyed, insurance coverage, and such
other matters pertaining to the Fire Department, its organization and operation as he deems best.
(8) Do such other and further things necessary for the proper and efficient operation of his
department, and for the prevention of fire.
('75 Code, §§ 4.2 and 4.3) ('67 Code, Chapter B, Art. 7, §§ 1 and 2)
§ 33.03 AUTHORITY AT FIRES.
(A) The Chief, or his designated agent, shall be the officer in command at the scene of fire and his
commands shall be promptly obeyed.
(B) The officer in command shall have authority to summon aid and no citizen so summoned may
refuse to aid in extinguishing the fire or in protecting exposed property.
(C) During the continuance of a fire, the Fire Chief or the Mayor shall have authority to call upon
any citizen to render assistance in pulling down or demolishing any building or in removing goods or
furniture from a building on fire or in danger of fire; provided, that no building may be pulled down nor
in any way destroyed by any one without the advice and consent of the majority of such members of
the Board as may be present, or if none are present, then not without the consent of the officer of the
Fire Department or the Police Department who may be in charge.
(D) No person may interfere with the activities of the fire -fighting crew, nor may any one use or
damage any apparatus of the Fire Department, including fire hydrants.
(E) It shall be unlawful to congregate on the streets, alleys, or squares near a fire in a manner
which would interfere with the activities of the Fire Department.
(F) In the event of an alarm of fire the apparatus of the Fire Department, responding to it, shall
have the right-of-way in and upon all streets, lanes, alleys, squares and railroad crossings.
(G) The drivers of vehicles, upon the approach of fire apparatus, shall immediately bring their
vehicle to a stop on the right hand side of the street in the direction in which they are facing and shall
not move their vehicle until such apparatus has passed.
(H) It shall be unlawful to follow any fire apparatus which is responding to a call, by automobile or
any other vehicle, unless such is used
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for transporting firemen to the scene of fire, at a distance closer than one city block, or to pass such
apparatus or to park within one block in which the fire is in progress.
(1) It shall be unlawful for any person, except a member of the Fire Department to ride on any truck,
vehicle or apparatus of the Department, except by permission of the Fire Chief.
('75 Code, § 4.5) ('67 Code, Chapter 1, Art. 1, § 4) Penalty, see § 10.99
§ 33.04 PROTECTION OF FIRE HOSE.
It shall be unlawful for any person, firm or corporation to drive over, or in any way damage or
mutilate any fire hose while in use at a fire or otherwise.
('75 Code, § 4.8) Penalty, see § 10.99
§ 33.05 FIRE PROTECTION OUTSIDE OF TOWN.
(A) For each separate parcel of improved property (each dwelling house or business building, with
adjacent outbuildings shall be considered a separate parcel) fire protection may be rendered on an
annual basis in an amount as shall be determined from time to time by the Board of Aldermen, as set
forth in the town fee schedule, copies of which are available for public inspection in the office of the
Town Manager.
(B) The amount above should be paid in advance. The amount may be paid annually or
semiannually, with the first semiannual payment due and payable on or before October 31, 1974. The
next payment would be due on April 30 of each suc- ceeding year.
('75 Code, § 4.9) (Ord. passed 9-9-74)
Section
CHAPTER 34: (RESERVED)
CHAPTER 35: FINANCE AND TAXATION
35.01 Authority of levy taxes
35.02 Partial payment of taxes; effect
35.03 Disbursement of funds
35.04 Purchasing
35.05 Disposition of personal property under $5,000 in value
§ 35.01 AUTHORITY OF LEVY TAXES.
In order to raise sufficient funds to pay current expenses of the town, the Board shall each year levy
and collect upon all real and personal property within the town an annual ad valorem tax.
('75 Code, § 2.81) ('67 Code, Chapter D, § 1)
§ 35.02 PARTIAL PAYMENT OF TAXES; EFFECT.
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Any taxpayer may make partial payments, not in excess of three on the total ad valorem tax against
his property and thereafter be relieved of penalties or interest to the extent of such payment, but no
release of an individual parcel of real property from the tax lien of the town shall be granted upon
partial payment made by the party in whose name the property was listed for taxes; provided,
however, the Tax Collector may in his discretion accept further payments.
('75 Code, § 2.83) ('67 Code, Chapter D, § 3)
§ 35.03 DISBURSEMENT OF FUNDS.
No money shall be disbursed from the town treasury except as provided for in the annual budget
except in the case of an extreme emergency.
('75 Code, § 2.84)
Statutory reference:
For statutory provisions affecting the town budget ordinance, see G.S. §§ 159-8, 159-13, and 159-
15
§ 35.04 PURCHASING.
(A) Before any order is given for items to be paid by the town or any purchase made by any town
employee a purchase order must first be obtained.
(B) Any town employee purchasing goods without a purchase order will be held responsible for the
cost of same.
('75 Code, § 2.85)
§ 35.05 DISPOSITION OF PERSONAL PROPERTY UNDER $5,000 IN VALUE.
(A) The Town Manager is hereby authorized to dispose of any surplus property owned by the Town
of Gibsonville, whenever he or she determines, in his or her discretion, that:
(1) The item or group of items has a fair market value of less than $30,000;
(2) The property is no longer necessary for the conduct of public business; and
(3) Sound property management principles and financial considerations indicate that the interests
of the town would best be served by disposing of the property.
(B) The Town Manager may dispose of any such surplus personal property by any means which he
or she judges reasonably calculated to yield the highest attainable sale price in money or other
consideration, including but not limited to the methods of sale provided in G.S. Chapter 160A, Article
12. Such sale may be public or private, and with or without notice and minimum waiting period.
(C) The surplus property shall be sold to the party who tenders the highest offer, or exchanged for
any property or services useful to the town if greater value may be obtained in that manner, and the
Town Manager is hereby authorized to execute and deliver any applicable title documents. If no offers
are received within a reasonable time, the Town Manager may retain the property, obtain any
reasonably available salvage value, or cause it to be disposed of as waste material. No surplus
property may be donated to any individual or organization except by resolution of the Board of
Aldermen.
(D) The Town Manager shall keep a record of all property sold under authority of this section and
that record shall generally describe the property sold or exchanged, to whom it was sold, or with
whom exchanged and the amount of money or other consideration received for each sale or
exchange.
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(E) This section is enacted pursuant to the provisions of G.S. § 160A-226(c).
(Ord. passed 7-6-09)
Section
CHAPTER 36: TOWN POLICIES
General Provisions
36.01 Smoking and non-smoking areas
Emergencies
36.15 Restrictions authorized
36.16 Proclamation imposing restrictions on assemblies
36.17 Dispersal of prohibited assemblies
Weapons on Town Property
36.30 Prohibition
36.99 Penalty
GENERAL PROVISIONS
§ 36.01 SMOKING AND NON-SMOKING AREAS.
(A) No smoking is allowed in any town owned or operated building; Town Hall; Police Department
Fire Department, Public Works, and Library.
(B) This section shall not be subject to penalty provisions of § 10.99 or 36.99.
(Ord. 95-2, passed 5-1-95; Am. Ord. passed 5-4-09)
EMERGENCIES
§ 36.15 RESTRICTIONS AUTHORIZED.
(A) (1) A state of emergency shall be deemed to exist whenever, during times of public crisis,
disaster, rioting, catastrophe, or similar public emergency, for any reason, public safety authorities are
unable to maintain public order or afford adequate protection for lives, safety or property, or whenever
the occurrence of any such condition is imminent.
(2) In the event of an existing or threatened state of emergency endangering the lives, safety,
health and welfare of the people within the town or any part thereof, or threatening damage to or
destruction of property, the Mayor is hereby authorized and empowered under G.S. §§ 14-288.13 and
166A-8 to issue a public proclamation declaring to all persons the existence of such a state of
emergency, and, in order more effectively to protect the lives and property of people within the town,
to place in effect any or all of the restrictions hereinafter authorized. The Mayor shall fully utilize all
available emergency service and management agencies and coordinators.
(3) The Mayor is hereby authorized and empowered to limit by the proclamation the application of
all or any part of such restrictions to any areas specifically designated or described within the county
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and to specific hours of the day or night; and to exempt from all or any part of such restrictions, while
acting in the line of and within the scope of their respective duties, law enforcement officers, firemen
and other public employees, rescue squad members, doctors, nurses, employees of hospitals and
other medical facilities; on -duty military personnel, whether state or federal; on -duty employees of
public utilities, public transportation companies and newspaper, magazine, radio broadcasting and
television broadcasting corporations operated for profit; and such other classes of persons as may be
essential to the preservation of public order and immediately necessary to serve the safety, health and
welfare needs of the people within the county.
(B) Proclamation imposing prohibitions and restrictions.
(1) The Mayor by proclamation may impose the prohibitions and restrictions specified in divisions
(C) through (1) in the manner described in those divisions. The Mayor may impose as many of those
specified prohibitions and restrictions as he or she finds necessary because of an emergency to
maintain an acceptable level of public order and services and to protect lives, safety and property. The
Mayor shall recite his or her findings in the proclamation.
(2) The proclamation shall be in writing. The Mayor shall take reasonable steps to give notice of
the terms of the proclamation to those affected by it and shall post a copy of it in the Town Hall. The
Mayor shall send reports of the substance of the proclamation to the mass communications media
which serve the affected area. The Mayor shall retain a copy of the proclamation and furnish upon
request certified copies of it.
(C) Evacuation. The Mayor may direct and compel the voluntary or mandatory evacuation of all or
part of the population of the town; to prescribe routes, modes of transportation and destination in
connection with evacuation; and to control ingress and egress of a disaster area, the movement of
persons within the area and the occupancy of premises therein. Details of the evacuation may be set
forth or amended in a subsequent proclamation which shall be well publicized.
(D) Curfew.
(1) The proclamation may impose a curfew prohibiting in certain areas and during certain periods
the appearance in public of anyone who is not a
member of an exempted class. The proclamation shall specify the geographical area or areas and the
period during each 24-hour day to which the curfew applies. The Mayor may exempt from some or all
of the curfew restrictions classes of people whose exemption the Mayor finds necessary for the
preservation of the public health, safety and welfare. The proclamation shall state the exempted
classes and the restrictions from which each is exempted.
(2) Unless otherwise specified in the proclamation, the curfew shall apply during the specified
period each day until the Mayor by proclamation removes the curfew.
(D) Restrictions on possession, consumption or transfer of alcoholic beverages. The proclamation
may prohibit the possession or consumption of any alcoholic beverage, including beer, wine and
spiritous liquor, other than on one's own premises and may prohibit the transfer, transportation, sale or
purchase of any alcoholic beverage within the area of the county described in the proclamation. The
prohibition, if imposed, may apply to transfer of alcoholic beverages by employees of alcoholic
beverage control stores as well as by anyone else within the geographical area described.
(E) Restriction on possession, transportation and transfer of dangerous weapons and substances.
(1) The proclamation may prohibit the transportation or possession off one's own premises or the
sale or purchase of any dangerous weapon or substance. The Mayor may exempt from some or all of
the restrictions classes of people whose possession, transfer or transportation of certain dangerous
weapons or substances is necessary to the preservation of the public's health, safety or welfare. The
proclamation shall state the exempted classes and the restrictions from which each is exempted.
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(2) DANGEROUS WEAPON OR SUBSTANCE means:
(a) Any item described as a "dangerous weapon or substance" as defined in G.S. § 14-288.1.
(b) Any other instrument or substance that is capable of being used to inflict serious bodily
injury or destruction of property when the circumstances indicate that there is some probability that
such instrument or substance will be so used.
(c) Any part or ingredient in any instrument or substance included above when the
circumstances indicate a probability that such a part or ingredient will be so used.
(d) Except that this section does not authorize prohibitions or restrictions on lawfully possessed
firearms or ammunition. As used in this section, FIREARM has the same meaning as it does under
G.S. § 14-409.39(2).
(F) Restrictions on access to areas.
(1) The proclamation may prohibit obtaining access or attempting to obtain access to any area
designated in the manner described in this section in violation of any order, clearly posted notice or
barricade indicating that access is denied or restricted.
(2) Areas to which access is denied or restricted shall be designated by the Police Chief and his
subordinates or other law enforcement officers when directed in the proclamation to do so by the
Mayor. When acting under this authority, the Police Chief and his or her subordinates may restrict or
deny access to any area, street, highway or location within the county if that restriction or denial of
access or use is reasonably necessary to promote efforts being made to overcome the emergency or
to prevent further aggravation of the emergency.
(G) Activities and the like prohibited or restricted. The following activities or conditions may be
prohibited or restricted:
(1) Movements of people in public places;
(2) The operation of offices, business establishments and other places to or from which people
may travel or at which they may congregate; and
(3) Other activities or conditions the control of which may be reasonably necessary to maintain
order and protect lives or property during the state of emergency within the area designated in the
proclamation.
(H) Removal of prohibitions and restrictions. The Mayor shall by proclamation terminate the entire
declaration of emergency or remove any of the prohibitions and restrictions when the emergency no
longer requires them or when directed to do so by the Board of Aldermen.
(1) Superseding and amending proclamations. The Mayor, in his or her discretion, may invoke the
restrictions authorized by this section in separate proclamations and may amend any proclamation by
means of a superseding proclamation in accordance with the procedures set forth in division (B)
above.
(J) Termination of proclamation. Any proclamation issued under this section shall expire five days
after its last imposition unless sooner terminated in writing under the same procedures set forth in
division (B) for proclamations.
(K) Exercise of powers in absence or disability of Mayor. In case of the absence or disability of the
Mayor, the Mayor Pro Tern of the Board of Aldermen, or such other person as may be designated by
the Board of Aldermen, shall have and exercise all of the powers herein given the Mayor.
(L) Territorial applicability. This section shall not apply outside the corporate limits of the town or
within the area of the county over which the town has jurisdiction to enact general police power
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ordinances unless the town by resolution consents to this application or the Mayor has requested its
application.
('75 Code, § 3.31) (Am. Ord. passed 6-3-13) Penalty, see § 36.99
Editor's note:
G.S. §§ 14-288.13 and 166A-8 were repealed by S.L. 2012-12, §§ 2(e) and 1(a), respectively.
The authority of the town to declare a state of emergency is now set forth in G.S. § 166A-19.22.
§ 36.16 PROCLAMATION IMPOSING RESTRICTIONS ON ASSEMBLIES.
(A) The Mayor by proclamation may prohibit assemblies of three or more persons in specified
geographic areas of the town after he finds that any such assemblies constitute a clear and present
danger of prolonging or aggravating an existing emergency which endangers lives, safety, and
property. The proclamation shall be in writing and state the Mayor's findings. The Mayor shall take
reasonable steps to give notice of the terms of the proclamation to those affected by it, and shall post
a copy of it in the Town Hall.
(B) The proclamation shall specify the geographical area or areas in which the restrictions apply.
(C) The Mayor may amend the proclamation from time to time, making such modifications in the
geographical area to which it applies as he determines to be necessary to maintain the purposes of
the prohibition.
(D) The Mayor shall by proclamation remove the prohibition when the emergency no longer
requires it, or when directed to do so by the Board.
('75 Code, § 3.32)
§ 36.17 DISPERSAL OF PROHIBITED ASSEMBLIES.
Any police officer may order any assembly prohibited by proclamation authorized by this chapter to
disperse.
('75 Code, § 3.33)
WEAPONS ON TOWN PROPERTY
§ 36.30 PROHIBITION.
(A) Except as provided in division (B) of this section, all persons are prohibited from
possessing weapons, as defined in G.S. § 14-269, in town -owned buildings, their appurtenant
premises, and parks.
(B) This prohibition shall not apply to the following persons-
(1) Officers and enlisted personnel of the armed forces of the United States when in discharge of
their official duties as such, acting under orders requiring them to carry arms and weapons;
(2) Civil officers of the United States while in the discharge of their official duties;
(3) Officers and soldiers of the militia and the national guard when called into actual service;
(4) Sworn law enforcement officers;
(5) Animal control officers;
(6) Other authorized persons.
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(C) A conspicuous notice shall be posted at each entrance to any property set forth in division (A)
of this section stating: "Possession of weapon or carrying a concealed handgun is prohibited."
(D) Weapons possessed in violation of this section are hereby declared to be contraband. The
Chief of Police of his designees shall hold the weapon for disposal pursuant court order. In the
absence of any court order, the weapon shall be destroyed.
(Ord. passed 10-2-95) Penalty, see § 36.99
§ 36.99 PENALTY.
(A) Unless otherwise specifically provided, if any person shall violate any provision of this chapter,
he or she shall be guilty of a Class 3 misdemeanor and shall be fined not more than $50 or imprisoned
for not more than 30 days. (G.S. § 14-4(a))
(B) Except as provided in § 36.15(F), any person violating any prohibition or restriction imposed by
a proclamation authorized by § 36.15 shall be guilty of a misdemeanor, punishable upon conviction by
a fine not exceeding $500 and/or imprisonment not exceeding 30 days, as provided in G.S. § 14-4.
(C) Any member of an assembly ordered to disperse by a police officer acting under authority of
this §§ 36.15 through 36.17 shall be guilty of a misdemeanor and punished as set forth in § 10.99. ('75
Code, § 3.34)
(D) Any person in violation of § 36.30 shall be guilty of a misdemeanor and upon conviction shall
be fined $500 or imprisoned for six months or both. (Ord. passed 10-2-95; Am. Ord. passed 6-3-13)
TITLE V: PUBLIC WORKS
Chapter
50. GARBAGE
51. WATER AND SEWER SYSTEM
52. SEWER USE REGULATIONS
Section
CHAPTER 50: GARBAGE
50.01 Definitions
50.02 Removal by town; placement of receptacles
50.03 Receptacles specifications
50.04 Non-resident disposal prohibited
50.05 Removal of tree trimmings, stumps, contractor's refuse; landscape
materials
50.06 Accumulation of garbage and refuse prohibited
50.07 Pre -collection practices
50.08 Displacement; damage to containers prohibited
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50.09 Removal of dead animals
50.10 Transportation of garbage and refuse by private citizens
50.11 Hazardous household waste collection
§ 50.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
ASHES. The refuse from fires in houses, stores, and other buildings and includes at times small
quantities of glass, crockery, sweepings, dust, brick, metal and other in organic materials.
GARBAGE. The organic waste both animal and vegetable from houses, buildings, restaurants,
kitchens, hotels, hospitals, and other places of human habitation, comprised chiefly of waste food, and
not including liquid which may be drained into the sewer.
REFUSE. Includes tin cans, dirty rags, old clothes, waste and other discarded material not
otherwise designated herein.
('75 Code, § 9.41) ('67 Code, Chapter K, Art. 4, § 1)
§ 50.02 REMOVAL BY TOWN; PLACEMENT OF RECEPTACLES.
The receptacles (garbage cart) shall be placed at the curb or street edge but shall not be placed in
the street. Garbage carts shall be placed in the required location no earlier than 7:00 p.m., on the day
pre- ceding a designated pickup day and shall be removed from the curbside location no later than
7:00 p.m., on the designated pickup day. Except during these hours, the garbage carts shall be kept in
a location no closer to the street than the front of the resident structure. The Director of Public Works
may make deviations as to this section, where he determines such is necessary and in the best
interest of all parties concerned.
('75 Code, § 9.42) (Ord. 0-77-05, passed - - ) Penalty, see § 10.99
§ 50.03 RECEPTACLES SPECIFICATIONS.
(A) All single-family households will be provided a 95-gallon cart. All single-family households that
generate more than 95 gallons of trash weekly shall be charged an extra fee as determined by the
Board of Aldermen. All garbage carts shall remain the property of the town at all times. No other
receptacle except as may be allowed in special situations by the Director of Public Works, shall be
used. Any yard trash shall be placed next to the curb on scheduled collection days. The following
items shall not be placed in the garbage carts: poisons, acids, caustics, explosives, paint thinner, oil,
kerosene, gasoline or other dangerous materials, soils, or any type of construction material (concrete,
bricks, and the like) or furniture (such as materials forbidden by the ordinances). The cart shall not be
used for any other purpose than storing and collecting garbage. No one shall mark, write or paint on
the carts, or cut or damage the cart in any way. Garbage carts shall be assigned to each residence
and each cart serial number shall be recorded. Users of the garbage cart shall keep the assigned cart
in a clean and neat condition and shall be responsible for its safeguarding and maintenance from
theft, damage and abuse. Persons who damage or abuse the garbage cart shall be responsible for
the repair or replacement of such in accordance with a depreciating schedule maintained by the town.
(B) All proprietors of business establishments shall arrange their own garbage pickup; this includes
apartments greater than two units, and mobile home parks.
(C) All group homes and churches that require more than two carts shall arrange their own garbage
pickup.
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(D) All municipal government facilities are provided carts as determined by the Town Manager.
('75 Code, § 9.43) (Ord. 0-77-05, passed - - ; Am. Ord. 0-87-8, passed 4-6-87; Am. Ord. passed 7-
6-04; Am. Ord. passed 9-20-04; Am. Ord. passed 1-8-18) Penalty, see § 10.99
§ 50.04 NON-RESIDENT DISPOSAL PROHIBITED.
Non-residents shall not at any time dump, empty or otherwise dispose of garbage, ashes, or refuse
of any kind at any place within the corporate limits, nor shall any resident of the town, whether as
agent or employee of a non-resident, dump, empty or otherwise dispose of garbage, ashes or refuse
of any kind for any non-resident at any place within the corporate limits.
('75 Code, § 9.44) ('67 Code, Chapter K, Art. 4, § 4) Penalty, see § 10.99
§ 50.05 REMOVAL OF TREE TRIMMINGS, STUMPS, CONTRACTOR'S REFUSE; LANDSCAPE
MATERIALS.
(A) A charge will be made for hauling tree limbs, cuttings, shrubbery, or similar materials, in excess
of one ton truck load and placed by the curb.
(B) For the removal of tree trimmings, or similar materials other than those excepted, fees will be
charged in an amount as shall be determined from time to time by the Board of Aldermen, as set forth
in the town fee schedule, copies of which are available for public inspection in the office of the Town
Manager.
(C) No tree trimmings will be hauled from commercial tree contractors.
(D) No stumps, logs, dirt, or concrete will be hauled by the town forces.
(E) No building material or refuse from building operations or landscape work will be hauled by the
town forces.
(F) Upon request, the town will pick-up and remove loads of small rocks, when these rocks are
placed in boxes not exceeding 50 pounds in weight, at a rate as shall be determined from time to time
by the Board of Aldermen, as set forth in the town fee schedule, copies of which are available for
public inspection in the office of the Town Manager.
(G) Large individual rocks will also be removed at the same rate, provided any one rock does not
weigh more than 50 pounds.
('75 Code, § 9.45) ('67 Code, Chapter K, Art. 4, § 5) (Am. Ord. passed 1-8-18) Penalty, see § 10.99
§ 50.06 ACCUMULATION OF GARBAGE AND REFUSE PROHIBITED.
All garbage and refuse shall be collected and placed in containers as required by this chapter and it
shall be unlawful for any person to permit garbage or refuse to accumulate or remain on any premises
longer than is reasonably necessary to remove and deposit same in approved containers as required
herein.
('75 Code, § 9.46) Penalty, see § 10.99
§ 50.07 PRE -COLLECTION PRACTICES.
All garbage and refuse shall have the liquid drained there from and shall be wrapped in paper or
other like material before it is placed in the container for collection. Ashes and cinders shall be placed
in a separate container provided for that purpose and no ashes shall be deposited in any container
until they are cold. Containers which become rusted or broken and therefore are unable to contain
garbage and refuse in a satisfactory manner will not be used.
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('75 Code, § 9.47) Penalty, see § 10.99
§ 50.08 DISPLACEMENT; DAMAGE TO CONTAINERS PROHIBITED.
It shall be unlawful for any person to damage, displace, or otherwise interfere with garbage
containers or their contents except the owner or upon permission or at the request of the owner.
('75 Code, § 9.48) Penalty, see § 10.99
§ 50.09 REMOVAL OF DEAD ANIMALS.
Dead animals within the right-of-way will be removed by the town upon notice of the existence of
such dead animal. Removal of dead animals from non- right-of-way areas will be approved by the
Town Manager.
('75 Code, § 9.49) (Am. Ord. passed 1-8-18) Penalty, see § 10.99
§ 50.10 TRANSPORTATION OF GARBAGE AND REFUSE BY PRIVATE CITIZENS.
No person or persons shall collect, handle, or transport over or along any of the streets, alleys or
other public ways in the town any garbage or refuse without first having obtained a permit therefor
from the Board.
('75 Code, § 9.50) Penalty, see § 10.99
§ 50.11 HAZARDOUS HOUSEHOLD WASTE COLLECTION.
The town will not pickup hazardous household waste curbside; this includes, but is not limited to,
acids/bases (for example, acetone, parts cleaners, and turpentine), auto fluids (for example,
antifreeze, brake, motor oil, starter, transmission), car and other wet cell batteries, contact cement,
driveway sealer, fiberglass epoxy, gasoline and other fuels, lighter fluid, paint, paint thinner, paint
stripper, photographic chemicals, shellac, stain, varnishes, deck sealers, wood preservatives, all type
of batteries, florescent bulbs, furniture polish, metal polish (solvent -based), weed killer, pool
chemicals, floor care products, nail polish, and oven cleaners.
(Ord. passed 11-4-13)
Section
CHAPTER 51: WATER AND SEWER SYSTEM
General Provisions
51.01 Administration
51.02 Water and Sewer Superintendent
51.03 Privies not allowed; exception
51.04 Use of town water
51.05 Use of town cut-off prohibited; exception
51.06 Payment of water rents outside of town before service continued to another
customer
51.07 Meters in apartments
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51.08
Tampering with or obstructing water and sewer lines prohibited
51.09
Work on water and sewer system
51.10
Maintenance of sewer system lines
51.11
Right of entry
51.12
Town not liable for interrupted service
51.13
Sewer pump required
51.14
Climbing town water tanks
51.15
Septic tanks regulated
51.16
Water conservation
Discharges
51.25 Prohibited discharges
Water and Sewer Connections
51.35 Connection to water and sewer system required
51.36 Permit for connection required
51.37 Separate connections required
51.38 Deposit and connections to be made within 24 hours
51.39 Connections from outside town
51.40 Connections of individual house trailers prohibited
Extensions
51.50 Application procedure
51.51
General extension requirements
51.52
Petitions for extensions
51.53
Extensions without petitions
51.54
Extensions to subdivisions
51.55
Extension beyond town limits
51.56
Extensions to satellite -annexed areas
51.57
Sewer and water line acreage fee policy
51.58
Specifications; ownership
51.59
Subdivision improvement requirement
Rates and Charges
51.65
Water and sewer rates
51.66
Sewer tapping fee
51.67
Deposit for water
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51.68 Fees for certain meter connection
51.69 Water and sewer connection rates; inside and outside town
51.70 Cutting fee when water not used
51.71 Owners of more than one house; responsibility for bills
51.72 Non-payment of bills
Cross Connection and Backflow Prevention Ordinance
51.85 Cross connection and backflow prevention
Cross-reference:
Sewer use regulations, see Chapter 52
GENERAL PROVISIONS
§ 51.01 ADMINISTRATION.
The water and sewer system of the town shall be under the control of, and the duty of prescribing
and enforcing a full compliance with all the rules and regulations governing all connections with the
public sewer and water system shall be vested in, the Board or its authorized agent.
('75 Code, § 6.1)
§ 51.02 WATER AND SEWER SUPERINTENDENT.
The Town Manager may select some competent person to supervise under his general control the
entire water and sewer system of the town. The Manager may from time to time prescribe the duties
and responsibilities of the Superintendent. The Superintendent or his assistant, shall, at all
reasonable hours, have free access to all premises for the pur- pose of examining hydrants, fixtures or
connections on which town water pressure is maintained.
('75 Code, § 6.20)
§ 51.03 PRIVIES NOT ALLOWED; EXCEPTION.
It shall be unlawful to build or maintain any privy or surface closet on any lot or premises abutting
any street, avenue or public alley or way, along which the town maintains a sewer line or upon any lot
accessible thereto, when any building situated on any lot is within 200 feet of such sewer line. Where
no sewer connection is available, septic tank or approved pit privy must be provided in accordance
with the state requirements.
('75 Code, § 6.6) ('67 Code, Chapter O, Art. I, § 3) Penalty, see § 10.99
§ 51.04 USE OF TOWN WATER.
(A) No consumer will be allowed to supply or sell water to other persons, families or corporations,
nor shall any person take or carry away water from any hydrant, watering trough, or public fountain.
(B) The fire hydrants are for the use of the Fire Department for fighting fires, and are not to be used
by any unauthorized person for any purpose, without permission from the Water Superintendent.
('75 Code, § 6.7) Penalty, see § 10.99
§ 51.05 USE OF TOWN CUT-OFF PROHIBITED; EXCEPTION.
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It shall be unlawful for any person to use the town cut-off (in the water meter box) for the purpose of
cutting water off, except when more than an unusual leak occurs, in which case, after being turned off,
the person shall notify the Town Clerk or Water Superintendent.
('75 Code, § 6.12) ('67 Code, Chapter O, Art. II, § 7) Penalty, see § 10.99
§ 51.06 PAYMENT OF WATER RENTS OUTSIDE OF TOWN BEFORE SERVICE CONTINUED TO
ANOTHER CUSTOMER.
All water rents charged against customers who own homes outside the town limits to which town
water is furnished must be paid in full before water service will be turned on for a new owner or renter
of the property.
('75 Code, § 6.14) ('67 Code, Chapter O, Art. II, § 13)
§ 51.07 METERS IN APARTMENTS.
The town will allow one meter to be installed to meter multi -family developments and to charge a
minimum per unit, per month, or charge for the water used; whichever is greater. This will be done
upon the request of the contractor.
('75 Code, § 6.17) ('67 Code, Chapter O, § 17)
§ 51.08 TAMPERING WITH OR OBSTRUCTING WATER AND SEWER LINES PROHIBITED.
No person shall touch, tamper, or in any manner manipulate or turn the cut-offs on the water mains
forming a part of the water system of the town, nor shall any person tamper with or harm in any
manner whatsoever any water or sewer line, main or any appurtenance thereto. No person shall throw
or deposit any material or substance in any water or sewer line that will in any manner obstruct such
line.
('75 Code, § 6.18) Penalty, see § 10.99
§ 51.09 WORK ON WATER AND SEWER SYSTEM.
All work on the water and sewer system and all connections or disconnections thereto shall be
performed by the authorized employees of the town or their representatives or plumbers approved by
the town.
('75 Code, § 6.21) Penalty, see § 10.99
§ 51.10 MAINTENANCE OF SEWER SYSTEM LINES.
The town will be responsible for the maintenance of any gravity sewer service line, from the sewer
main to the street -property line, where there is provided a "clean -out" at or near the street -property
line. Where no such "clean -out" is provided, the property owner or tenant shall be responsible for such
maintenance. The town shall not maintain any pressure lines from an individual private sewer pump
system. The owner of the private sewer pump system shall maintain their discharge lines from the
private sewer pump to the town's gravity sewer main in the street right-of-way or easement.
('75 Code, § 6.25) ('67 Code, Chapter O, Art. I, § 12) (Am. Ord. passed 9-6-05)
§ 51.11 RIGHT OF ENTRY.
The town shall have the right at all reasonable times to enter upon private property for the purpose
of reading the water meter or for disconnecting or connecting water, when such meter is on private
property, without being disturbed or molested.
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('75 Code, § 6.26) ('67 Code, Chapter O, Art. II, § 10)
§ 51.12 TOWN NOT LIABLE FOR INTERRUPTED SERVICE.
It is expressly stipulated by and between the town and the water takers that no claims shall be made
against the town on account of the bursting or breaking of any main or service pipe, or any attach-
ments to the water works, or for any incidental failure in the supply of water.
('75 Code, § 6.28) ('67 Code, Chapter O, Art. II, § 9)
§ 51.13 SEWER PUMP REQUIRED.
Any building or residential structure which has any plumbing fixture below the level of the top of the
first upstream manhole of the town shall be required to have installed an individual sewer pump
system prior to the connection of water service. Operation and maintenance of this private sewer
pump system, including the private pressure discharge line in the street right-of-way, shall be the
responsibility of the owner or occupant of the property.
(Ord. 0-87-10, passed 6-1-87; Am. Ord. passed 9-6-05) Penalty, see § 10.99
§ 51.14 CLIMBING TOWN WATER TANKS.
It shall be unlawful for any person (other than persons authorized by the town) to climb up the water
tanks owned by the town.
('75 Code, § 9.21) Penalty, see § 10.99
§ 51.15 SEPTIC TANKS REGULATED.
Septic tanks may be installed where the sanitary sewer is not reasonably accessible, provided such
tank is constructed in accordance with the specifications of the State Board of Health, and a permit
therefor is issued by the Town Clerk or other designated official.
('75 Code, § 9.8)
§ 51.16 WATER CONSERVATION.
(A) Purpose and intent; statutory construction.
(1) It is the purpose and intent of this section to assure that available water resources are put to
reasonable beneficial uses to avoid depletion of the town water supply during a water shortage. This
section shall be liberally construed to effectuate such purpose and intent.
(2) The town purchases the majority of its water from the City of Burlington, therefore when water
conservation measures are imposed by the City of Burlington, the town will impose similar measures
as stated in this section.
(B) Definitions. The following terms, phrases, words and their derivation shall have the meaning
given herein. The word SHALL is always mandatory and never directory.
CUSTOMER. Any person who is an owner, occupant, or user of real property to which water is
supplied by the town. The term shall also refer to any persons who uses water supplied by the town,
or to any person who is billed for the supply of water from the town, or to any person who is
responsible for or otherwise has the right or permission to utilize the supply of water provided by the
town.
PERSON. Any natural person, any group of persons, any firm, partnership, association,
corporation, company, or any other organization or entity.
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TOWN. The Town of Gibsonville, a North Carolina municipal corporation.
WATER. All water, except wastewater, supplied by the town to any customer.
WATER SHORTAGE. Shall be deemed to exist when the ordinary demands and requirements of
water customers served by the city cannot be satisfied without depleting the water supply to or below
a critical level, the level at which the continued availability of water for human consumption, sanitation
and fire protection is jeopardized.
(C) Response to water shortage. It shall be the duty of the director of public works to report to the
Town Manager conditions adversely affecting the town water supply. The Manager shall review all
relevant and available information, which shall include but not be limited to notification by the City of
Burlington of water restrictions, and if deemed necessary, shall recommend that the Board of
Aldermen declare water conservation measures contained herein be in full force and effect as
necessary.
(D) Violation of section prohibited; enforcement.
(1) Violation. In the event that the Board of Aldermen shall declare one or more stages of water
conservation as set forth herein, it shall be unlawful for any person to use or permit use of water
supplied by the town in violation of any mandatory restrictions instituted.
(2) Enforcement. It shall be the duty of the Public Works Director to investigate violations of the
mandatory restrictions and issue orders consistent with the purpose and intent of this section. All
customers shall cease any violation of the mandatory restrictions upon the order of the Public Works
Director. Any customer who violates any provision of this section or
who shall violate or fail to comply with any order made hereunder shall be subject to penalty or a
combination of the penalties as follows:
(a) For the first offense, violators will be issued a warning. For the second violation of this
section a civil penalty in the amount of $100 shall be assessed. For the third violation of this section a
civil penalty in the amount of $250 shall be assessed. The fourth violation of this section shall result in
the interruption of water service to the offending customer. The town will issue written notification to
the customer and occupant of intent to interrupt water service and 24 hours later will interrupt water
service unless the violation has ceased. Each day shall constitute a separate violation. If water service
has been interrupted due to repeat violation of this section, service will not be re -instated until the
Public Woks Director has determined that the risk to the town water supply has been alleviated or the
Public Works Director is otherwise assured of compliance. Violation of this section may be punished
by any of the means available to the town through the provisions of G.S. § 160A-175.
(b) Equitable relief. The provisions of this section may be enforced by an appropriate remedy,
including a mandatory or prohibitory injunction, issuing from a court of competent jurisdiction.
(3) Penalty not a substitute remedy. The imposition of one or more penalties for any violation
shall not excuse any violation or permit it to continue.
(E) Water conservation states; recommendations, mandatory measures.
(1) Stage l: continuing voluntary conservation practices. Customers shall be encouraged to
observe water conservation measures to reduce the wasting of water as follows:
(a) Check plumbing and toilets for leaks annually, and if necessary repair;
(b) Repair leaking faucets whenever they develop;
(c) Store drinking water in the refrigerator to avoid trying to run it cool at the tap;
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(d) Use shower for bathing or reduce the depth of water used for tub baths. Limit showers to
four minutes where possible;
(e) Refrain from running facets while shaving or rinsing dishes or brushing teeth;
(f) Install water flow restrictive devices in shower heads;
(g) Install water saving devices such as plastic bottles or commercial units in toilet tanks;
(h) Wash full loads in clothes washers and dishwashers; and/or
(i) Review water uses and where feasible install recycle systems, particularly commercial and
industrial customers.
(2) Stage ll: voluntary conservation. Customers shall be encouraged to observe the
recommendations of Stage I and to increase the level of the conservation effort as follows:
(a) Limit the use of clothes washers and dishwashers and, when used, to operate fully loaded;
(b) Reduce the flushing of toilets to the minimum whenever practical;
(c) Limit lawn watering to only when grass shows signs of withering and apply water as slowing
as possible to achieve deep penetration;
(d) Limit shrubbery watering to the minimum, reusing household water when possible;
(e) Limit car washing to the minimum;
(f) Limit wash downs of outside areas such as sidewalks, patios, driveways, or other similar
purposes;
(g) Limit hours of operation of water cooled air -conditioners, if possible; and/or
(h) Use disposable dishes and utensils, both for residential and commercial purposes, where
feasible.
(3) Stage lll: moderate mandatory conservation. Customers shall be encouraged to observe the
recommendations of Stages I and 11, and the level of the conservation effort shall be increased to
require the following mandatory measures. No person shall:
(a) 1. Watering or sprinkling of lawns, grass, trees, flowers, vegetable gardens and
ornamental shrubs shall be permitted only by a hand held hose, container or drip irrigation system
during the hours of 4:00 p.m. to 9:00 p.m. on Wednesdays and 7:00 a.m. to 12:00 noon on Saturdays.
Persons regularly engaged in the sale of plants shall be permitted to use water in conservative
amounts on a daily basis for the irrigation of their commercial stock in trade;
2. Public and private customers owning golf courses and institutional customers owning
athletic playing fields and composition tennis courts shall be required to reduce their water usage by
50% during the corresponding billing period in which no stage of this chapter was in effect. These
customers may water these surfaces by any method during the hours of 10:00 p.m. to 5:00 a.m;
(b) Introduce water into wading pools or swimming pools except to the extent necessary to
replenish losses due to evaporation or spillage, and maintain operation of chemical feed equipment;
(c) Use water to wash down outside areas, such as sidewalks, patios, driveways, or for other
similar purposes;
(d) Introduce water into any decorative fountain, pool or pond except where the water is
recycled;
(e) Serve water in a restaurant or similar establishment except upon request;
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(f) Use water for any unnecessary purpose or intentionally waste water;
(g) Wash the exterior of a motor vehicle except where 50% or more of the water is recycled, or
where a private well water system is used; and/or
(h) Commercial car washing shall be exempt from the provisions of Stage III moderate
mandatory conservation.
(i) Provided, however, any customer may secure a written license from the Town Manager or
his designee to use water contrary to the Stage III mandatory conservation measures where it can be
shown to the Manager's satisfaction that use of water pursuant to condition prescribed by the Town
Manager in the license will result in a 30% or greater saving of water. Any license issued pursuant to
this provision must be in the possession of the licensee whenever water is used contrary to the Stage
III mandatory conservation measures; and is subject to amendment or revocation by the Town
Manager at any time for good cause.
(4) Stage IV. severe mandatory conservation. Customers shall be encouraged to observe the
conservation measures in Stages I and II and required to continue observing the mandatory
requirements in Stage III. The level of the conservation effort shall increase to require the following
additional mandatory measures. No person shall:
(a) Water or sprinkle any lawn, grass, trees, or golf greens;
(b) Water any vegetable garden or ornamental shrubs except during the hours of 5.00 p.m. and
9:00 p.m. on Saturday;
(c) Fill a wading pool or swimming pool or replenish any filled pool except to the minimum
essential for operation of chemical feed equipment;
(d) Make non -essential use of water for commercial or public use;
(e) Operate water-cooled air- conditioners or other equipment that does not recycle cooling
water, except when health and safety are adversely affected;
(5) Stage V. stringent mandatory conservation. Customers shall be encouraged to observe the
conservation measures in Stages I and II and required to continue observing the mandatory
requirements in Stages III and IV. The level of the conservation effort shall increase to require the
following additional mandatory measures.
(a) No person shall:
Use water outside a structure except in an emergency involving fire;
2. Operate evaporative air- conditioning units which recycle water except during the operating
hours of the business;
3. Use any swimming pool or wading pool;
4. Wash any motor vehicle, including commercial washing unless a private well is used;
(b) Request industries reduce consumption 25%. In addition to the conservation measures
enumerated above, customers of eating establishments shall use plates, glasses, cups and eating
utensils that are disposable.
(6) Stage VI: rationing.
(a) Customers shall be encouraged to observe the conservation measures in Stages I and II
and are required to continue observing the mandatory requirements of Stages III, IV, and V. The level
of the conservation effort shall increase to require the following mandatory measures:
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1. Fire protection will be maintained, but where possible, tank trucks shall use raw water;
2. All industrial uses of water shall be prohibited;
3. All other uses of water will be limited to those necessary to meet minimum health and
safety needs of the customers as determined by the Town Manager upon consultation with the public
works director in light of conditions present.
(b) Failure to act in accordance therewith or use of water in any manner or attempt to evade or
avoid water rationing restrictions, shall be unlawful.
(F) Scope and duration. In the event that the Board of Aldermen shall declare one or more stages
of water conservation to be in effect, said proclamation shall be applicable to all persons using water
supplied by the town. Stage I of the water conservation measures shall remain in full force and effect
at all times or until such time as this section is amended or repealed. Whenever Stages II, III, IV, V,
and VI of the water conservation measures are declared, they shall remain in full force and effect until
such time as this section be amended or repealed, or until the Mayor, by proclamation, declares that
the particular stage of the water shortage is over and the measures applicable to it are no longer in
effect.
(Ord. passed 11-05-07)
DISCHARGES
§ 51.25 PROHIBITED DISCHARGES.
No person shall pour, throw, or discharge any substance, either solid or liquid, into any sanitary or
storm sewer at any manhole or at any opening therein other than at sewer connections; nor shall any
person discharge into any sanitary or storm sewer any substance likely to obstruct or cause undue
injury to the same or any substance of such high causticity or of a sufficiently acid nature to interfere
materially within the equipment used in connection therewith.
('75 Code, § 6.19) ('67 Code, Chapter O, Art. I, § 7) Penalty, see § 10.99
Cross-reference:
Prohibited discharge, see § 52.15
WATER AND SEWER CONNECTIONS
§ 51.35 CONNECTION TO WATER AND SEWER SYSTEM REQUIRED.
(A) All owners of improved property located within the corporate limits and upon or within the
corporate limits and upon or within a reasonable distance of any water line or sewer collection line
owned and operated by the town shall connect their premises with the town water and sewer system;
provided that if the well system or septic system malfunctions by any means, connection to the town's
water distribution system or sewer collection system is mandatory.
(B) Upon completion of any extension of the public sanitary system of the town, the Town Clerk
shall send official notice to owners of property located within 200 feet of such extension to make
connection with the system within 120 days after such official notice.
(C) The charge made for the cost of the connection to the public sanitary sewer system shall be
paid to the town prior to the time such connection is made and, in no event, later than 120 days from
the date of the official notice.
('75 Code, § 6.5) (Ord. passed 12-7-09) Penalty, see § 10.99
§ 51.36 PERMIT FOR CONNECTION REQUIRED.
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No person, firm, or corporation shall connect with the water system of the town until they shall have
made application for permission to so connect in writing to the Town Clerk, and this application shall
be made before any part of the drainage system of the house or other connection shall have been laid
or constructed. Such application shall be accompanied with a plan or drawing showing the location of
the building and the entire proposed connection from the public sewerage line through the building to
its terminus, showing the location of all the fixtures, traps, ventilating pipes, and the like, and shall
state the name of the street and the name of the person, firm or corporation.
('75 Code, § 6.2) Penalty, see § 10.99
§ 51.37 SEPARATE CONNECTIONS REQUIRED.
Each individual business or residential building or structure shall install a separate water and sewer
connection.
('75 Code, § 6.3) Penalty, see § 10.99
§ 51.38 DEPOSIT AND CONNECTIONS TO BE MADE WITHIN 24 HOURS.
It shall be unlawful for any person or persons to use or occupy any business building, dwelling
house or building used as a dwelling house, in which water and sewer facilities are installed, without
making the necessary deposit for water and having the town water supply turned on within 24 hours.
In the event that the water shall have been cut off from any such building for nonpayment of water
rent, the building shall not be used or occupied for a period longer than five days before having the
water reconnected.
('75 Code, § 6.11) ('67 Code, Chapter O, Art. 11, § 6) Penalty, see § 10.99
§ 51.39 CONNECTIONS FROM OUTSIDE TOWN.
No connection of any water or sewer line or system outside the town shall be made to the town's
system except by permission and on such terms as the Board shall prescribe.
('75 Code, § 6.24) ('67 Code, Chapter O, Art. I, § 6)
§ 51.40 CONNECTIONS OF INDIVIDUAL HOUSE TRAILERS PROHIBITED.
(A) No person, firm or corporation shall connect or cause to be connected any individual house
trailer, as defined in the town's Trailer Park ordinance, to the town's water system or sewerage
system, directly or indirectly, by connection with a residential or business water or sewer connection or
otherwise, whether located within or without the corporate limits of the town.
(B) This section shall not be construed so as to prohibit proper connections of water or sewerage
facilities of trailer parks which are designed and operated in accordance with the town's Trailer Park
ordinance, and which have been approved as trailer parks by the Board of the town.
('75 Code, § 6.27) (Minute Book No. 12, pg. 274, Ord. passed 12-8-67) Penalty, see § 10.99
EXTENSIONS
§ 51.50 APPLICATION PROCEDURE.
(A) Any property owner, desiring water or sanitary sewer service shall apply in writing to the Town
Manager requesting the extension of water or sanitary sewer service or both. No request for the
extension of services shall be considered unless submitted following the requirements of this chapter.
(B) Upon receiving an application for service, the Town Manager shall have a study made of the
proposed project and make a written report, including his recommendations to the Board. The Board
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shall make the final determination to approve or not approve the request.
(C) The town may require the applicant to submit as part of the written application such
information, plans or other data as may be required to adequately determine if the requirements of this
chapter are to be met.
(D) When application is made for water or sewer extension to serve an area or development that is
planned as part of a larger development project or subdivision, all of which is not to be developed at
the time application is made, the owner or owners shall submit plans in sufficient detail in order to
determine the size and type facilities which will be necessary to serve the entire development or
subdivision when completed.
('75 Code, § 6.31) (Minute Book No. 14, pg. 188-192, § 1, Ord. passed 9-5-70; Am. Ord. passed 3-5-
90)
§ 51.51 GENERAL EXTENSION REQUIREMENTS.
All extensions of either water or sanitary sewer service shall be governed by the following:
(A) The minimum distance for any extension of a water main or sanitary sewer main shall be deter-
mined by the Town Board. In general, the minimum distance for extensions shall be one platted block,
or in case of water mains from main line valve to valve, and in case of sanitary sewer extension from
manhole to manhole.
(B) The town shall determine the size, depth and material of the water or sewer mains as may be
required and desirable in each location and on each street where the extension is requested. In any
case, the minimum size water main shall be six inches and the minimum size sewer main shall be
eight inches.
(C) In the event that it is necessary or desirable, in the discretion of the town, the town shall finance
any additional cost of the oversized main, and the property owner shall pay for the cost of the
minimum- sized main, as listed above.
('75 Code, § 6.32) (Minute Book No. 14, pg. 188-192, § 2, Ord. passed 9-5-70; Am. Ord. passed 3-5-
90)
§ 51.52 PETITIONS FOR EXTENSIONS.
(A) When a petition is received requesting the extension of water or sanitary sewer service to serve
property within the town limits which is developed or has been previously approved as a subdivision or
where streets have been previously been approved dedicated and accepted by the town and where
the area is not part of a new subdivision which has not been approved, the Town Manager shall
estimate the cost and other required information and make recommendations to the Town Board. The
Town Board, if it agrees to the extension, shall adopt a resolution of preliminary approval and set a
date for a public hearing on the matter. On the date set, the Town Board shall hold a public hearing
and if it feels the project in question should be done, adopt a final resolution authorizing the extension
subject to the availability of funds. The town will install, or have installed by contract and inspected by
the Town Engineer, the extensions which have been approved. The extension shall be financed in
accordance with this section.
(B) When an approved water or sanitary sewer extension project has been completed and the total
cost thereof has been determined, the total costs of the water or sewer extension will be assessed by
the Town Board as allowed under G.S. §§ 160A-216 through 160A-238, on the basis of the following:
(1) The frontage abutting on the project, at an equal rate per foot of frontage;
(2) The area of land served, or subject to being served, by the project at an equal rate per unit;
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(3) The number of lots served, or subject to being served, where the projects involve extension of
an existing system to a residential or commercial subdivision, at an equal rate per lot; or
(4) A combination of two or more of these bases.
(C) If the Town Board makes its assessment based on the frontage abutting on the project at an
equal rate per foot of frontage, and if lines are extended along both sides of a corner lot, the
assessment will be for the entire front footage of the
corner lot, plus the side footage of the corner lot in excess of 200 feet.
(D) One -hundred percent of the total cost of the water and sanitary sewer extension or both shall
be assessed against the property owners. All property owners shall have the opportunity to either:
(1) Pay the total cost of such extensions after the costs have been assessed by the Town Board;
(2) Pay in installments of not more than five years with interest as established by the Town
Manager.
(Ord. passed 3-5-90)
§ 51.53 EXTENSIONS WITHOUT PETITIONS.
The Town Board, at its discretion and when it determines that it would be in the public interest, may
make water and sewer extensions without a petition. The Board may assess the benefitted property
owners the same as provided in § 51.52 of this chapter, under the authority granted to the town by
G.S. 160A-216 through 160A-238.
(Ord. passed 3-5-90)
§ 51.54 EXTENSIONS TO SUBDIVISIONS.
(A) All extensions to new subdivisions or developments within the town limits shall be made in
accordance with this chapter. When an application for water and sewer main extensions to a proposed
residential, commercial, industrial, institutional, or governmental development or a new section of an
approved and platted subdivision or a new subdivision filed, Town Manager shall present the
application for such extensions containing the estimated cost, other required information and
recommendations to the Town Board.
(B) The entire cost of the extension shall be borne by the developer and built according to town
standards and specifications and under town inspection and subject to the following terms:
(1) After acceptance by the town, all completed facilities including meters shall become the
property of the town.
(2) The developer shall post with the town such surety bond, warranty or cash bond as
determined by the Town Manager to insure full payment for any defects in materials or workmanship
which may be found to exist within 18 months from date of acceptance.
(C) The Town Board may, in its discretion, and as a condition under which water and sewer service
will be extended, require the owner of a proposed subdivision to enter into an agreement to improve
the proposed street therein at his own expense and in accordance with the ordinance then in force
governing the acceptance of public streets for the town. If required, this division shall apply to
subdivisions which are located either within or outside the town limits.
(D) Any property owner wishing to connect to a water or sewer main extended under the provisions
of this chapter shall be charged a special connection fee which is payable to connection. The special
connection fee will be used to recover the costs of serving the property with water and sewer service.
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(E) The Town Board may, in its discretion, use the town's Sewer Acreage Policy to finance the
extension of lines over large underdeveloped tracts of land.
(Ord. passed 3-5-90)
§ 51.55 EXTENSION BEYOND TOWN LIMITS.
The town does not extend water or sewer lines outside of corporate limits unless so moved by the
Board. Such extensions will be made in accordance with the terms set forth in this chapter.
(Ord. passed 3-5-90)
§ 51.56 EXTENSIONS TO SATELLITE -ANNEXED AREAS.
Extensions and reimbursement for extensions of water and sewer mains to satellite annexed areas
shall be made in accordance with §§ 51.50 through 51.54 of this chapter, providing that the property
which is being connected is within the town limits or a petition for voluntary annexation has been
received and approved by the Board.
(Ord. passed 3-5-90)
§ 51.57 SEWER AND WATER LINE ACREAGE FEE POLICY.
(A) The acreage fee will be payable in addition to assessments, fees in lieu of assessments, if any,
tap fees, and regardless of the fact that the lines may be constructed by the developer.
(B) The fee will be in an amount as shall be determined from time to time by the Board of
Aldermen, as set forth in the town fee schedule, copies of which are available for public inspection in
the office of the Town Manager. These fees are subject to change at the Board's discretion.
(C) Property owners will be charged for the entire usable acreage served as determined by the
Town Engineer. An acreage fee will only be charged to property owners whose land does not abut a
dedicated right-of-way or have not been previously assessed.
(D) All lands not abutting a dedicated street or road right-of-way, or which are more than 250 feet
from the street or exceed a depth of 250 feet measured from the street or road right-of-way, shall be
charged the acreage fee when the tap is made.
(E) In situations where service is desired for a single family or a small commercial and is part of a
larger undeveloped, unsubdivided property a mini- mum of one acre acreage fee will be charged. The
remainder of the undeveloped, unsubdivided property will be exempt until service is desired for the
property.
(Ord. passed 3-5-90)
§ 51.58 SPECIFICATIONS; OWNERSHIP.
Any water mains or sanitary sewer mains extended under the provisions of this chapter shall be
installed and constructed in accordance with the approved plans, specifications, and other require-
ments of the town. All facilities installed under the provisions of this chapter, whether within or outside
the corporate limits shall become the sole property of the town and under its jurisdiction and control for
any and all purposes whatsoever at the time such facilities are connected to the town system. When
required, the property owner or owners shall grant to the town such utility easements as the town may
require. In addition, a deed to the town for water and/or sewer facilities installed which are located
outside the corporate limits, the cost of which is borne by individual property owners, shall be
executed prior to the time any extensions provided for in this chapter are connected to the town
systems.
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('75 Code, § 6.35) (Minute Book No. 14, pg. 188-192, § 5, Ord. passed 9-5-70)
§ 51.59 SUBDIVISION IMPROVEMENT REQUIREMENT.
The Board may in its discretion, as a condition under which water or sewer service or both will be
extended, require the owner or owners of a proposed subdivision to enter into an agreement to
improve the proposed streets therein at their own expense and in accordance with the ordinance then
in force governing the acceptance of public streets for the town. If required, this section shall apply to
subdivisions which are located either within or outside the corporate limits of the town.
('75 Code, § 6.36) (Minute Book No. 14, pg. 188-192, § 6, Ord. passed 9-5-70)
RATES AND CHARGES
§ 51.65 WATER AND SEWER RATES.
Water rates and water and sewer connection charges shall be determined from time to time by the
Board and shall be kept on file in the office of the Town Clerk. It shall be unlawful for any person or
persons, other than a person authorized by the town officials, to cut on the town supply of water.
('75 Code, § 6.8) Penalty, see § 10.99
§ 51.66 SEWER TAPPING FEE.
(A) Inside town.
(1) For each four -inch sewer tap inside the limits, the property owner shall pay the town, in
advance.
(2) This fee shall cover the excavating, furnishing and laying pipe from the sewer main to the
street property line, and the repair of the street. Before the property owner is permitted to connect to
the tap, he shall be required to install at his expense a "clean out" at the point where his line and the
town's line is joined, provided that where the property owner (together with the approval of the town)
permits a sewer connection to be made to his own sewer service line, at his own expense on his own
property, the fee for such connection shall be in an amount as shall be determined from time to time
by the Board of Aldermen, as set forth in the town fee schedule, copies of which are available for
public inspection in the office of the Town Manager.
(B) Outside town. Where property is located outside the town limits, for each four -inch sewer
connection, the property owner shall pay a fee in advance, provided that where the property owner
(together with the approval of the town) permits a sewer connection to be made to his own sewer line,
at his own expense on his own property, the fee shall be reduced, payable in advance. These fees
shall be determined from time to time by the Board of Aldermen and set forth in the town fee schedule,
copies of which are available for public inspection in the office of the Town Manager.
(C) Town responsibility. The town will be responsible for making the sewer tap from the sewer line
to the property line. The town will be responsible for repairs to state streets as it is inside the town.
The outside sewer charge will reflect this cost to the town. If a person grants the town an easement for
a sewer line to cross his property outside the town limit, the property owner shall have the privilege of
tapping the sewer main at the rate provided for taps inside the town.
('75 Code, § 6.9) ('67 Code, Chapter O, Art. I, § 9) (Ord. passed 7-1-71; Am. Ord. passed 9-16-74)
§ 51.67 DEPOSIT FOR WATER.
All persons using the town water supply shall make application therefor, either verbally or written. All
applications shall be accompanied by a deposit as hereinafter set forth, conditioned upon the faithful
performance of the contract, provided that this deposit shall not be required where the owner of the
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property makes the application and assumes liability for water rentals; provided, further, that when a
person moves from one location to another, which requires town water service, he shall be required to
increase his deposit to the amount set forth below, if present deposit is less than such amount. Upon
discontinuance of the service this deposit shall be refunded, less all accrued water rents or changes.
The deposit shall be determined from time to time by the Board of Aldermen and set forth in the town
fee schedule, copies of which are available for public inspection in the office of the Town Manager.
('75 Code, § 6.10) ('67 Code, Chapter O, Art. II, § 5) (Am. Ord. passed 1-3-77)
§ 51.68 FEES FOR CERTAIN METER CONNECTION.
The fee for a meter connection larger than 3/4-inch size shall be the actual cost of making the
connection plus 10%.
('75 Code, § 6.13) ('67 Code, Chapter O, Art. II, § 12)
§ 51.69 WATER AND SEWER CONNECTION RATES; INSIDE AND OUTSIDE TOWN.
(A) The town or its agent shall make all connections to water and sewer lines inside or outside the
town limits whether owned by the town or not. The tap shall be made from the line to the property line
of the person requesting the tap. For connections made inside the town, the town shall make charges
thereof, payable in advance, in an amount as shall be determined from time to time by the Board of
Aldermen, as set forth in the town fee schedule, copies of which are available for public inspection in
the office of the Town Manager.
(B) Water and sewer connections outside the town limits shall be double those designated for
inside rates.
(C) For larger connections than the above, an estimated amount shall be collected in advance, and
after such connection is made, an adjustment shall be made on the basis of actual cost, plus 10%.
(D) The town shall be responsible for all construction and repair to the property line of the person
requesting the tap.
('75 Code, § 6.15) (Ord. passed 12-5-77)
§ 51.70 CUTTING FEE WHEN WATER NOT USED.
When water is cut on for customer and customer does not move into premises or use any water, the
fee for such service shall be in an amount as shall be determined from time to time by the Board of
Aldermen, as set forth in the town fee schedule, copies of which are available for public inspection in
the office of the Town Manager, and shall be deducted from the customer's water deposit if not paid
direct.
('75 Code, § 6.13) ('67 Code, Chapter O, Art. II, § 15)
§ 51.71 OWNERS OF MORE THAN ONE HOUSE; RESPONSIBILITY FOR BILLS.
Any property owner having more than one house using water from the same watertap shall be
responsible for water bills for all the houses.
('75 Code, § 6.22)
§ 51.72 NON-PAYMENT OF BILLS.
(A) It shall be unlawful for any person to cut the town water back on when the same has been cut
off by the town official for the non-payment of any water bill or account due the town.
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(B) When the water that is being used by any person, firm or corporation has been cut off because
of the non-payment of the water account, such person, firm or corporation shall pay a fee fixed by the
Board and kept on file in the office of the town Clerk before such water shall be turned back on.
('75 Code, § 6.23)
CROSS CONNECTION AND BACKFLOW PREVENTION ORDINANCE
§ 51.85 CROSS CONNECTION AND BACKFLOW PREVENTION.
(A) Definitions. For purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
AIR -GAP SEPARATION. An unobstructed vertical distance through the atmosphere between the
lowest openings from any pipe or faucet supplying potable water to a tank, plumbing fixture, or other
device and the flood level rim of the receptacle. An approved air -gap vertical separation shall be at
least double the diameter of the supply pipe. In no case shall the air -gap be less than one inch.
APPROVED BACKFLOW PREVENTION DEVICE, METHOD, OR ASSEMBLY. Any combination
of mechanical devices, assemblies, or practices that eliminates or prevents backflow or cross
connection acceptable to the town's Cross Connection Control Office and approved to meet the
standards of the University Of Southern California Foundation Of Cross Connection Control and
Hydraulic Research (USCFCCHR) and the American Society of Sanitary Engineers (ASSE).
APPROVED WATER SOURCE. Water that has been approved by the town that meets or
exceeds federal or state regulations.
AUXILIARY WATER SUPPLY. Water supply to any premises other than that of the approved
water source. These auxiliary waters may include water from another public potable water supply or
any natural source, such as a well, spring, river, stream, and the like, or "used waters" or "industrial
fluids." They may be polluted or contaminated, or objectionable and constitute an unacceptable water
source over which the town does not have sanitary control.
BACKFLOW. The undesirable reversal of flow of water or mixtures of water and other liquids,
gases, or other substances into the distribution pipes of the consumer or public potable water system
from any source or sources.
BACKFLOW PREVENTION ASSEMBLY. Any assembly used for containment and/or isolation; a
purpose that has been shown to meet the standards and specification as set forth by the town's Cross
Connection Control Office.
BACKFLOW PREVENTION ASSEMBLY - TYPE. An assembly used to prevent backflow into a
consumer or public potable water system. The type of assembly used shall be based on the degree of
hazard either existing or potential (as defined herein). The types are:
(a) Double check valve assembly (DCVA);
(b) Double check detector assembly (fire system) (DCDA);
(c) Pressure vacuum breaker (PVB);
(d) Reduced pressure principle assembly (RP); and
(e) Reduced pressure principle- detector assembly (fire system) (RPDA).
BACKFLOW PREVENTION ASSEMBLY -UNAPPROVED. An assembly that has been
investigated by the town's Cross Connection Control Office and has been determined to be
unacceptable for installation within the town's water system. Consideration for disapproval and
removal from the "approved list" shall be based upon, but not limited to, the following criteria:
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(a) Poor performance standards (such as significant failure rate);
(b) Lack of or unavailability of repair parts; and/or
(c) Poor service or response from assembly's factory representative(s).
BACK -PRESSURE BACKFLOW. A reversed flow of water created by pressure from the
customer's water system. This condition may be caused by elevated tanks, circulation pumps, boilers,
or by any other means by which pressure is or could be greater than the supply pressure.
BACK-SIPHONAGE BACKFLOW. Backflow caused by a negative pressure (vacuum) being
created in the supply line with the backflow source subject to atmospheric pressure. Fire fighting,
water main flushing, main breaks or any means by which supply pressure is reduced may cause this
condition.
BYPASS LOOPS. Loops installed to circumvent an installed backflow preventer (including
detector loops on check valves.) These loops are prohibited unless the loops are equipped with an
approved backflow preventer of the same type used on the main supply line.
CERTIFIED TESTER. A person who has proven his or her competency to test, repair, overhaul
and make reports on backflow prevention assemblies as evidenced by successful completion of a
training program approved by the Cross Connection Control Office.
CHECK VALVE. A device that is drip -tight in the normal direction of flow when the inlet pressure
is at least one psi and the outlet pressure is zero. The check valve shall permit no leakage in a
direction reversed to the normal flow. The closure element (clapper, poppet, or other design) shall be
internally spring loaded to promote rapid and positive closure. An approved check valve is just one
component of an approved backflow prevention assemble — such as a pressure vacuum breaker,
double check valve assembly, double check detector assembly, reduced pressure principle assembly,
or reduced pressure detector assembly.
CONSUMER. Any person, firm, or corporation responsible for any property at which water from
the town's public water system is received. In the absence of other parties or the failure of other
parties to accept the responsibilities herein set forth, the owner of record shall be ultimately
responsible.
CONTAINMENT. Preventing the contamination/pollution of the public potable water supply by
installing an approved backflow prevention assembly and/or method at the service connection.
CONTAMINATION. An impairment of the quality of the water which creates a potential or actual
hazard to the public health through the introduction of hazardous or toxic substances or through the
spread of disease by sewage, industrial fluids or waste.
CONTINUOUS PRESSURE. A condition in which upstream pressure is applied continuously (12
hours or more) to an assembly or fixture.
CROSS CONNECTION. Any physical connection(s) between potable and non -potable water or
water of an unknown origin.
CROSS CONNECTION CONTROL OFFICIAL. Personnel of the town employed to assist in the
administration of the Cross Connection Control Program utilizing site inspections and tests for the
determination of hazards and type(s) of backflow protection that shall be required.
DIRECT CROSS CONNECTION. Any arrangement of pipes, fixtures, or devices connecting to a
potable water supply to a non -potable source which is permanent in nature; for example, a boiler feed
line.
DIRECTOR. Town of Gibsonville, Director of Public Utilities, his successor or designee(s).
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DOUBLE CHECK DETECTOR ASSEMBLY. A double check valve assembly, with a specific
bypass water meter and a meter -sized approved double check valve assembly. The meter shall
register in U.S. gallons accurately for only very low rates of flow (up to three gallons per minute) and
shall show a registration for all rates of flow. The unit shall include tightly closing shut off valves
located at each end of the assembly and each assembly shall be fitted with properly located test
cocks. This assembly shall be used to protect against a non -health hazard on fire line systems.
DOUBLE CHECK VALVE ASSEMBLY. A mechanical assembly made up of two independently
acting, spring loaded, approved check valves, including two tightly closing shut off valves, and four
test cocks. The unit shall include tightly closing shut off valves located at each end of the assembly
and
each assembly shall be fitted with properly located test cocks. This assembly shall meet the approval
of the town's Cross Connection Control Office standards and shall be used only for non -health
hazards (such as pollutants).
DUAL CHECK VALVE. A self -closing device designed to permit flow in one direction and close if
there is a reversal of flow. A dual check valve is not and in -line testable device.
FIRE SYSTEM. A system of piping which may include sprinklers, hose connection hydrants, or
fixed spray nozzles that may be wet or dry, open or closed for the use of suppressing fires.
HAZARD. An actual or potential threat to the quality of the public potable water system. If
introduced into the public water supply system, it could be a nuisance to water customers, but would
not adversely affect human health.
HAZARD - DEGREE OF. The evaluation of conditions within a system which can be classified as
either "pollution" (non -health) or a "contamination" (health) hazard.
HEALTH AGENCY. The North Carolina Department of Environmental and Natural Resources
(division of Environmental Health) - NCDENR/DEH.
INDIRECT CROSS CONNECTION. Any arrangement of pipes, fittings, fixtures that may be
temporary in nature (such as a garden hose) connecting a potable water supply to a non -potable
supply.
INDUSTRIAL FLUIDS. Any fluid or solution which may be chemically, biologically, or otherwise
contaminated or polluted in a form or concentration such as would constitute a health, or non -health
hazard if introduced into a public or consumer potable water system. Such fluids may include, but are
not limited to: process waters; chemicals in fluid form; acids and alkalis; oils, gases, and the like.
INTERCONNECTION. A connection between the town's potable water and an uncontrollable
source of water, such as a private well. Interconnections are strictly prohibited by this section and
state codes.
ISOLATION. The act of confining a localized hazard within a consumer's water system by
installing approved backflow prevention assemblies, or devices. The town may make
recommendations, upon facility inspection, as to the usage of isolation devices/assemblies, but does
not assume or have responsibility whatsoever for such installations.
ISOLATION PREVENTION DEVICE/ASSEMBLY. A device/assembly or methods used for
isolation purposes that have been shown to meet the standards of the town's Cross Connection
Control Office.
NON -POTABLE WATER. Water that does not meet drinking water standards and is considered
unsafe for consumption.
POLLUTION. An impairment of the water quality to a degree that it does not create an actual
hazard to the public health, but does adversely and unreasonable affect the aesthetic qualities of such
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waters for domestic use.
POTABLE WATER. A source of drinking water, as certified by the town in accordance with state
and federal regulations, which has been approved for human consumption.
PREMISES. A building, complex, golf course, median, residence, or any other location that
receives water provided by the town.
PUBLIC POTABLE WATER SYSTEM. Any publicly- or privately -owned water system operated
as a public utility, under a current North Carolina Department of Environment and Natural Resources
permit, to supply water for public consumption or use. This system will include all sources and
facilities, between the source and the point of delivery such as valves, pumps, pipes, conduits, tanks,
receptacles, fixtures, equipment, and appurtenances used to produce, convey, treat or store potable
water for public consumption or use.
REDUCED PRESSURE PRINCIPLE ASSEMBLY. An assembly containing within its structure a
minimum of two independently acting, spring loaded, approved check valves, with a hydraulically
operating, mechanically independent, pressure differential relief valve located between the check
valves. The first check valve reduces the supply pressure a predetermined amount so that during
normal flow and at cessation of normal flow, the pressure between the checks shall be at least two
pounds less than the supply pressure. In case of leakage of either check valve, the pressure
differential relief valve shall operate by discharge to atmosphere to maintain the pressure between the
checks less than the supply pressure. The unit shall include tightly closing shut off valves located at
each end of the assembly and each assembly shall be fitted with properly located test cocks. This
assembly shall be used to protect against health hazard (contaminant).
REDUCED PRESSURE PRINCIPLE- DETECTOR ASSEMBLY. A specially designed assembly
composed of a line -sized, approved, reduced, pressure principle backflow prevention assembly with a
specific bypass water meter and a meter -sized, approved, reduced, pressure principle backflow
prevention assembly. The meter shall register in U.S. gallons accurately for only very low rates of flow
(up to three gallons per minute) and shall show a registration for all rates of flow. This assembly shall
be used on fire protection systems.
SERVICE CONNECTION. A connection from the public potable water system to the consumer's
water system.
THERMAL EXPANSION. Expansion attributed to heating of water in an enclosed container such
as a water heater.
VACUUM BREAKER - ATMOSPHERIC TYPE. A device containing a float -check, a check seat,
and an air inlet port. The flow of water into the body causes the float to close the air inlet port. The flow
of water into the body causes the float to close the air inlet port. When the flow of water stops the float
falls and forms a check valve against back-siphonage and at the same time opens the air inlet port to
allow air to enter and satisfy the vacuum. A shut off valve immediately upstream may be an integral
part of the device. An atmospheric vacuum breaker is designed to protect against a non -health hazard
(isolation protection only) under a back-siphonage condition only. These devices are not approved in
the town's service area except in special conditions (such as lab sinks with a six-inch clearance above
the highest outlet).
VACUUM BREAKER -PRESSURE TYPE. An assembly containing an independently operating,
internally spring loaded check valve and an independently operating, spring loaded air inlet valve
located on the discharge side of the check valve. Each end of the assembly is to be equipped with
properly located approved test cocks and tightly closing approved shut off valves. This assembly is
designed to protect against a health hazard (contaminant) under a back-siphonage condition only.
WATER DISTRIBUTION SYSTEM. The town's water system, owned and operated as a public
enterprise under a valid health permit, and supplying water for domestic purposes. This system will
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include all sources, facilities, and appurtenances between the source and the point of delivery, such
as valves, pumps, conduits, mains, tanks, and equipment used to convey, treat, and store potable
water for public consumption or use.
WATER PURVEYOR. The owner or operator of a public potable water system, providing an
approved water supply to the public.
WATER SUPPLY- APPROVED. Any public potable water supply that has been investigated and
approved by the North Carolina Department of Environmental and Natural Resources. The system
must be operating under a valid health permit, in determining what constitutes an approved water
supply, the North Carolina Division of Health Services has reserved the final judgment as to its safety
and potability.
WATER SUPPLY- UNAPPROVED. A water supply that has not been approved for human
consumption by the North Carolina Department of Environment and Natural Resources.
WATER - USED. Any water supplied by a water purveyor from a public water system to a
consumer's water system after it has passed through the point of delivery and is no longer under the
control of the water purveyor.
(B) Intent, purpose and control.
(1) The intent of this section is to eliminate the potential hazards to the potable water within the
water main and water supply systems. It is the intent of this section to provide for the conveyance of
potable water through the use of backflow prevention and cross connection control practices. It is also
the intent to apply the principle that the degree of protection will be commensurate with the degree of
hazard.
(2) The purpose of this section is:
(a) To protect the public potable water supply of the town against actual or potential
contamination by isolating and or containing, within the consumer's water system, contaminants or
pollutants which could, under adverse conditions, backflow through uncontrolled cross connections
into the public water system.
(b) To eliminate or control existing cross connections and backflows of all types or any other
source of water or process water used for any purpose whatsoever which may jeopardize the safety of
the public potable water supply of the town.
(c) To provide a continuing inspection program which will systematically and effectively control
all actual or potential cross connections which may be installed in the future.
(d) To maintain continuous testing and maintenance programs, ensuring proper execution of
this section.
(C) Responsibilities.
(1) Health agency.
(a) The North Carolina Department of Environment and Natural Resources (Division of
Environmental Health) has the responsibility for promulgating and enforcing laws, rules, regulations,
and policies to be followed in carrying out an effective Cross Connection Program.
(b) The public water supply section of the Division of Environmental Health also has the
primary responsibility of ensuring that the water purveyor operates the public potable water system
free of actual or potential sanitary hazards, including unprotected cross connections. They have
further responsibility of ensuring that the water purveyor provides an approved water supply at the
service connection to the consumer's water system and, further, that the purveyor requires the
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installation, testing and maintenance of an approved backflow prevention assembly on the service
connection.
(2) Water purveyor.
(a) The town is primarily responsible for the prevention of contamination and pollution of the
public water system. Such responsibility begins at the point of origin of the public water supply and
includes all of the public water distribution system, and ends at the point designated under the Safe
Drinking Water Act. In addition, the water purveyor shall exercise reasonable vigilance to ensure that
the consumer has taken the proper steps to protect the public potable water system. To ensure that
the proper precautions are taken, the town is required to determine the degree of hazard or potential
hazard to the public potable water system, to determine the degree of protection required, and to
ensure proper containment protection through an ongoing inspection program.
(b) When it is determined that a backflow prevention assembly is required for the protection of
the public system, the Director shall require the consumer, at the consumer's expense, to install an
approved backflow prevention assembly at each service connection. The consumer shall be
responsible to test immediately upon installation and every 6-12 months thereafter, to properly repair
and maintain such assembly or assemblies and to keep adequate records of each test and
subsequent maintenance and repair, including materials and/or replacement parts. All rubber parts,
disks, and springs must be replaced every five years.
(3) Plumbing Inspections Department. The Plumbing Inspections Department of the town and
Guilford/Alamance County have the responsibility to review building plans and inspect plumbing as it
is installed, and they have the explicit responsibility of preventing cross connections from being
designed and built into the plumbing system within their jurisdiction. Where the review of building
plans suggest or detect the potential for cross connections as an integral part of the plumbing system,
the Plumbing Inspector has the responsibility, under the North Carolina Building Code, to require that
such cross connections be either eliminated or provided with backflow preventers approved by the
town's Cross Connection Control Officer.
(4) Consumer. The consumer shall have the primary responsibility of preventing contaminants
and pollutants from entering the private potable water system(s) or the public potable water system.
The consumer's responsibility starts at the point of delivery from the public potable water system and
includes all of the water system(s). The consumer, at his or her own expense, shall install, operate,
test and maintain approved backflow prevention assemblies as directed by the town. The consumer
shall maintain accurate records of tests and repairs made to backflow prevention assemblies and shall
maintain such records for a minimum of three years. The records shall be on forms approved by the
town's Cross Connection Control Office and shall include the list of materials or replacement part
used. Following any repair, overhaul, re -piping or relocation of any assembly, the consumer shall have
it tested to ensure that it is in good operating condition and will prevent backflow. A certified backflow
prevention assembly tester shall perform tests, maintenance, and repairs of backflow prevention
assemblies.
(5) Certified backflow prevention assembly tester.
(a) The tester will be responsible for making competent testing and for repairing or overhauling
backflow prevention assemblies and making reports of such repair to the consumer and responsible
authorities on forms approved by the town's Cross Connection Control Office. The tester shall include
the list of materials or replacement parts used. The tester shall be equipped with and be competent to
use all tools and gauges necessary to properly test, repair, and maintain backflow prevention
assemblies. It will be the tester's responsibility to ensure original manufactured parts are used in the
repair of the backflow prevention assembly. It will be the tester's further responsibility not to change
the design, material, or operational characteristics of an assembly during repair or maintenance
without prior approval of the town's Cross Connection Control Office. A certified tester shall perform
the work and shall be responsible for the competency and accuracy of all tests and reports. A certified
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tester shall provide a copy of all test and repair reports to the consumer and the town Cross
Connection Control Office within ten business days of any completed test or repair work as scheduled
by the Cross Connection Control Office. A certified tester shall maintain such records for a minimum of
three years.
(b) All certified backflow prevention assembly testers must obtain and employ backflow
prevention assembly test equipment that has been evaluated and/or approved by the town's Cross
Connection Control Office. All test equipment shall be checked for accuracy annually (at a minimum),
calibrated, if necessary, and certified to the town's Cross Connection Control Office as to such
calibration, employing an accuracy/calibration method acceptable to the town's Cross Connection
Control Office.
(c) All certified backflow prevention assembly testers must become re -certified every two years
through an approved backflow prevention certification program as set forth by the town's Cross
Connection Control Office.
(6) The town's Cross Connection Control Officer. The Cross Connection Control Officer shall be
the personnel designated by the town to enforce the provisions of this section to ensure the potability
of the consumer's water supply. The enforcement of this program shall extend to the last free flowing
trap of the consumer's premises. The Cross Connection Control Officer shall maintain records for all
inspections and tests performed on all premises where backflow prevention is installed. This
responsibility extends to all new installations, alterations, and/or repair of existing premises to ensure
that adequate backflow prevention is employed. The Cross Connection Control Officer may
periodically offer recertification training to certified backflow assembly testers and serve as an
information resource to the consumer(s) and to the public.
(D) Right of entry.
(1) Authorized representative(s) of the town shall have the right to enter, upon presentation of
proper credentials and identification, any building, structure, or premises during normal business
hours, or at any time during an emergency, to perform any duty imposed by this section. These duties
may include sampling and testing of water, and inspections and observations of all piping systems
connected to the public water supply. Where a user has security measures in force requiring proper
identification and clearance before entry into their premises, the user shall make necessary
arrangements with the security guards so that upon presentation of suitable identification, the town
personnel will be permitted to enter, without delay, for the purpose of performing their specific
responsibilities. Refusal to allow entry for these purposes may result in discontinuance of water
service and will automatically classify that premises as a health hazard.
(2) Upon request, the consumer shall furnish to the town any pertinent information regarding the
water supply system on such property where cross connection and backflow are deemed possible.
(E) Elimination of cross connection. When cross connections are found, the owner, his agent, the
occupant, or the tenant will be notified in writing to disconnect the same within the time limit
established by the town. The degree of protection required and the maximum time allowed for
compliance will be based upon the potential degree of hazard to the public water supply. The
maximum time limits are as follows-
(1) Cross connections with private wells or other auxiliary water supplies must disconnect
immediately.
(2) All industrial and commercial facilities not identified as a "health hazard" shall be considered
non -health hazard facilities. All non -health hazard facilities must install, as a minimum containment
assembly, a double check valve assembly within 90 days.
(3) If, in the judgment of the town's Cross Connection Control Officer, an imminent health hazard
exists, water service to the building or premises where a cross connection exists may be terminated
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unless an air gap is immediately provided, or the cross connection is immediately eliminated.
(F) Facilities requiring protection.
(1) Approved backflow prevention assemblies shall be installed on the service line to any
premises that the town has identified as having a potential for backflow of contaminated or used water.
(a) Water mains served by the town but not maintained by the town should be considered cross
connections with degree of hazard to be determined by the Director. Degree of protection shall be
based on degree of hazard.
(b) For premises where, due to security requirements or other prohibitions (research and
development), the town does not have access for a complete cross connection evaluation, an
approved reduced pressure principle assembly shall be required as minimum protection.
(c) Premises having fire protection systems connected with the public water system shall be
protected with an approved double check valve assembly as a minimum requirement. All fire systems
using booster pumps, chemical agents, or additives to prevent freezing shall, at a minimum, be
protected by an approved reduced pressure principle assembly.
(d) Any connection which requires a meter one inch or greater, or multifamily unit.
(e) No person shall fill special use tanks or tankers containing pesticides, fertilizers or other
toxic chemicals or their residues from the public water system except at a location equipped with an
air gap or an approved reduced pressure principle backflow prevention assembly properly installed on
the public water supply.
(f) No person, firm, or agency may connect to the town's fire hydrant system without approved
backflow prevention. "Agency" refers to the town agencies as well as outside agencies.
(2) The following types of facilities or services have been identified by the town as having a
potential for backflow of non -potable water into the public water supply system; therefore an approved
backflow prevention assembly will be required on all such services according to the degree of hazard
present. Other types of facilities or services not listed below may also be required to install approved
backflow prevention assemblies if determined necessary by the town:
DCVA
Double Check Valve Assembly
RP
Reduced Pressure Principle Assembly
DCDA
Double Check Detector Assembly
AG
Air Gap
RVB
Pressure Vacuum Breaker
RPDA
Reduced Pressure Detector Assembly
(a) Amusement parks: RP.
(b) Automotive services station - dealership, and the like:
No health hazard: DCVA;
2. Health hazard: RP.
(c) Auxiliary water systems:
1. Approved public/private water supply: DCVA;
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2. Unapproved public/private water supply: AG;
3. Well systems/private: AG;
4. Used water and industrial fluids: RP.
(d) Bakeries:
1. No health hazard: DCVA;
2. Health hazard: RP.
(e) Beauty shops/barber shops:
1. No health hazard: DCVA;
2. Health hazard: RP.
(f) Beverage bottling plants: RP.
(g) Breweries: RP.
(h) Buildings: hotels, apartment houses, public and private buildings, or other structures having
unprotected cross connections:
1. Under five stories — no health hazard: DCVA;
2. Under five stories — health hazard: RP;
3. Over five stories — all: RP.
(i) Canneries, packing houses, and rendering plants: RP.
Q) Chemical plants — manufacturing, processing, compounding or treatment: RP.
(k) Chemically contaminated water systems: RP.
(1) Commercial car -wash facilities: RP.
(m) Commercial greenhouses: RP.
(n) Commercial sales establishments: department stores, malls, and the like:
1. No health hazard: DCVA;
2. Health hazard: RP.
(o) Concrete/asphalt plants: RP.
(p) Dairies and cold storage plants: RP.
(q) Film laboratories: RP.
(r) Fire systems:
1. No health hazard: DCDA;
2. Health hazard (booster pumps, foam, antifreeze solution, and the like): RP.
(s) Hospitals, medical buildings, sanitariums, morgues, mortuaries, autopsy facilities, nursing
and convalescent homes, medical clinics, and veterinary hospitals: RP.
(t) Industrial facilities:
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1. No health hazard: DCVA;
2. Health hazard: RP.
(u) Laundries:
1. No health hazard: DCVA;
2. Health hazard (such as commercial laundries, dry cleaners): RP.
(v) Lawn irrigation systems:
1. Health hazard/back siphonage: RP;
2. Health hazard/back pressure (booster pumps, chemical systems): RP.
(w) Metal manufacturing, cleaning, processing and fabricating plants: RP.
(x) Mobile home parks:
1. No health hazard: DCVA;
2. Health hazard: RP.
(y) Motion picture studios: RP.
(z) Oil and gas productions, storage or transmission properties: RP.
(aa) Paper and paper products plants: RP.
(bb) Pest control (exterminating & fumigating): RP.
(cc) Plating plants and facilities: RP.
(dd) Power plants: RP.
(ee) Radioactive materials or substances - plants or facilities handling: RP.
(ff) Restaurants:
1. No health hazard: DCVA;
2. Health hazard: RP.
(gg) Restricted, classified, or other closed facilities: RP.
(hh) Rubber plants (natural or synthetic): RP.
(ii) Sand gravel plants: RP.
(jj) Sanitary and storm drain systems: RP.
(kk) Schools and colleges: RP.
(II) Sewage treatment plants: RP.
(mm) Swimming pools: RP.
(nn) Waterfront and port facilities and industries: RP.
(oo) Water treatment facilities: RP.
(3) All backflow prevention assemblies/devices shall meet the testing and installation
requirements set by the town's Cross Connection Control Officer for their specified use prior to
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installation.
(G) Installation of assemblies.
(1) All backflow prevention assemblies shall be installed in accordance with the town's cross
connection control requirements regarding minimum clearances of 12 inches above ground, 24 inches
on all sides and a maximum height of between 30 inches to 60 inches, and the like.
(2) All new construction plans and specifications, when required by the North Carolina Building
Code and the North Carolina Division of Environmental Health (NCDENR), shall be made available to
the town's Cross Connection Control Officer for review and approval, and to determine the degree of
hazard. New installation of testable backflow prevention assemblies shall require protection against
weather and vandalism; this may include a concrete foundation for covers to be installed with anchors
at the owner's expense.
(3) Ownership, installation, testing, and maintenance of the assembly shall be the responsibility
of the customer.
(4) All double check valve assemblies must be installed above ground. The town's Cross
Connection Control Officer may grant variances on a case by case basis. Double check valve
assemblies may be installed in a vertical position with prior approval from the town's Cross
Connection Control Officer, provided the flow of water is in an upward direction.
(5) When it is not possible to interrupt water service, provisions shall be made for a "parallel
installation" of backflow prevention assemblies; the parallel assembly shall be the same type as a
main line. The town will not accept an unprotected bypass around a backflow preventer when the
assembly is in need of testing, repair, or replacement.
(6) Reduced pressure principle assemblies must be installed in a horizontal position and in a
location in which no portion of the assembly can become submerged in any substance under any
circumstances (pit and/or below grade installations are prohibited).
(7) The installation of a backflow prevention assembly that is not approved must be replaced with
an approved backflow prevention assembly.
(8) The installer is responsible to make sure a backflow prevention assembly is working properly
upon installation and is required to furnish the following information to the town's Cross Connection
Control Officer within 15 days after a reduced pressure principle backflow preventer (RP), double-
check valve assembly (DCVA), pressure vacuum breaker (PVB), double check -detector assembly
(DCDA) or reduced pressure principle assembly (RPDA) is installed:
(a) Service address where assembly is located;
(b) Owner (and address, if different from service address);
(c) Description of assembly's location (specifically, such as north-east corner of front entrance);
(d) Date of installation;
(e) Installer (include name, plumbing company represented, plumber's license number, and
plumbing permit number);
(f) Type of assembly, size of assembly;
(g) Manufacturer, model number, serial number; and
(h) Test results/report.
(9) (a) The consumer shall, upon notification, install the appropriate containment assembly not
to exceed the following time frame:
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1. Health hazard: 60 days;
2. Non -health hazard: 90 days.
(b) All facilities which pose a health hazard to the potable water system must have a
containment assembly in the form of a reduced pressure principle backflow prevention assembly
install within 60 days or immediately, if it is determined that there is an imminent threat to the water
distribution system.
(c) All backflow prevention assemblies/devices shall be installed in an area easily accessible for
testing and repair(s).
(H) Testing, inspection, and repair of assemblies.
(1) The frequency of inspection and re -inspection shall be set by the Director, and shall be made
by personnel of the town's Cross Connection Control Officer. Inspections shall be made of
properties served by the public water supply where cross connections with the public water supply are
deemed possible. The interval between inspections will be commensurate with the degree of hazard
that will be determined by the Cross Connection Control Officer.
(2) Testing shall be made by a certified backflow prevention assembly tester. A record of all
testing and repairs is to be retained by the customer. Copies of the records, after the completion of
any testing and/or repair work, must be provided to the town's Cross Connection Control Office. In no
case shall the time exceed 30 days from receipt of notification by the Cross Connection Control Office.
Testing shall be at the expense of the property owner or occupant of the premises when the device is
installed.
(3) Any time that repairs are deemed necessary, whether through annual inspections or required
testing or by routine inspections by the owner or the town, these repairs must be completed within a
specified tine in accordance with the degree of hazard; in no case shall this time period exceed:
(a) Health hazard: 14 days;
(b) Non -health hazard facilities: 21 days.
(4) All certified backflow prevention assembly testers must obtain and employ backflow
prevention assembly test equipment which has been evaluated and/or approved by the town's Cross
Connection Control Officer. All test equipment shall be checked for accuracy annually (at a minimum),
calibrated, if necessary, and certified to the town as to such accuracy/calibration, employing a
calibration method acceptable to the town's Cross Connection Control Officer.
(5) It shall be unlawful for any customer or certified tester to submit any record to the town that is
false or incomplete. It shall be unlawful for any customer or certified tester to fail to submit to the town
any record which is required by this section.
Such violations may result in any of the enforcement actions outlined in division (J) of this section.
(1) Cross connection prohibited.
(1) No person shall connect or cause to be connected any supply of water not approved by the
State of North Carolina to the water system supplied by the town, unless allowed by the Director. Any
such connections allowed by the Director must be in conformance with Title 10, Chapter 10,
Subchapter 10-D, Subparagraph, 1006 (North Carolina Administrative Code, rules governing water
supplies).
(2) The owner, manager, supervisor, or person in charge of any installation which remains in non-
compliance after the time prescribed in division (G)(9) of this section shall be considered in violation of
this section and may be assessed a civil penalty by the Cross Connection Control Office of the Public
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Utilities Department. The citation or notice of assessment shall specify the nature of the violation and
the provision(s) of this section violated. This notice shall further notify the offender that the penalty as
set forth in division (J) of this section is to be paid to the town care of Cross Connection Control Office
within ten days of receipt of the notice.
(3) If in the judgment of the town, any owner, manager, supervisor, or person in charge of any
installation found to be in non-compliance with the provision of this section, neglects their
responsibility to correct any violation, it shall result in discontinuance of water service until compliance
is achieved.
(4) Failure of a customer or certified tester to submit any record required by this section, or the
submission of falsified reports/records may result in a civil penalty as provided in division (J). If a
certified backflow prevention assembly tester submits falsified records to the town's Cross Connection
Control Office, the town shall take the necessary actions to revoke certification to test backflow
prevention assemblies within the potable water system for a time period no less than one year. The
tester will then be required to complete an approved certification course to acquire a new certification.
Falsification of
records/reports after becoming recertified shall result in the permanent revocation of backflow testing
certification, in addition to a civil penalty (as stated herein).
(5) The Director shall administer enforcement of this program.
(6) Requests for extension of time shall be made in writing to the Director. All other appeals shall
be made in accordance with the following procedures:
(a) Adjudicatory hearings. A customer assessed a civil penalty under this section shall have
the right to an adjudicatory hearing before a hearing officer designated by the Director upon making
written demand identifying the specific issue(s) to be contended. This written demand must be made
within ten days following notice of final decision to assess a civil penalty. Unless such demand is
made within the specified time frame, the decision on the civil penalty assessment shall be final and
binding.
(b) Appeal hearings. Any decision of the town hearing officer made as a result of an
adjudicatory hearing held under division (a) above may be appealed to the Board of Aldermen upon
filing a written demand within ten days of receipt of notice of the decision. Hearings held under this
section shall be conducted in accordance with the Board's hearing procedures. Failure to make written
demand within the time specified herein shall bar for quasi-judicial hearings further appeals.
(c) Official record. When a final decision is issued under division (b) above, the Town Council
shall prepare an official record of the case that includes:
1. All notices, motions, and other like pleadings;
2. A copy of all documentary evidence introduced;
3. A certified transcript of all testimony taken, if testimony is transcribed, then a narrative
summary of any testimony taken; and
4. A copy of the final decision of the Board of Aldermen.
(d) Any customer against whom a final decision of the town is entered, pursuant to the hearing
procedure under division (b) above, may appeal the order or decision by filing a written petition for
judicial review within 30 days after receipt of notice by certified mail of the order or decision with the
Superior Court of Guilford County, along with a copy to the town.
(e) If, in the opinion of the Director, an imminent threat to health exists due to a cross
connection, water severance will result until the cross connection has been corrected by
implementation of approved backflow assembly or elimination of the cross connection.
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(J) A violation of any provisions of this section shall subject the offender to a civil penalty of $100. A
separate penalty may be applied for each day the violation continues. An additional fee of $100 shall
be applied for failure to pay the original penalty when due. Penalties may be collected in a civil action
instituted in the Guilford County courts. The town shall also be authorized to terminate water service to
any consumer who willfully fails to comply with this section.
(Ord. passed 10-17-05; Am. Ord. passed 9-5-06)
CHAPTER 52: SEWER USE REGULATIONS
Section
General Provisions
52.01 Definitions
52.02 Damaging sewer works prohibited
52.03 Incorporation of disposal services agreement
Discharge and Pretreatment Regulations
52.15 Prohibited discharge of harmful substances
52.16 Settling basins
52.17 Control manhole
52.18 Preliminary treatment
52.19 Maintenance of preliminary treatment facilities
52.20 Special agreements; application of provisions
Administration and Enforcement
52.30 Right of entry
52.31 Notice of violation
Fats, Oils, and Grease Control
52.40 Fats, oils, and grease control
52.99 Penalty
Cross-reference:
Water and sewer system, see Chapter 51
GENERAL PROVISIONS
§ 52.01 DEFINITIONS.
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall
be as defined in Manual of Practice No. 3, Municipal Sewer Ordinances, Water Pollution Control
Federation.
('75 Code, § 6.41) ('67 Code, Chapter O, Art. IV, § 1)
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§ 52.02 DAMAGING PROHIBITED.
No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover,
deface or tamper with any structure, appurtenance, or equipment which is a part of the municipal
sewage works. Any person violating this provision shall be subject to immediate arrest under charge
of disorderly conduct.
('75 Code, § 6.48) ('67 Code, Chapter O, Art. IV, § 8) Penalty, see § 52.99
§ 52.03 INCORPORATION OF DISPOSAL SERVICES AGREEMENT.
The agreement for disposal services between the City of Burlington and the town, including without
limitation all City of Burlington sewer use ordinances referred to therein, is incorporated by reference
and made a part of this chapter as if fully set forth herein.
(Ord. passed 6-1-09)
DISCHARGE AND PRETREATMENT REGULATIONS
§ 52.15 PROHIBITED DISCHARGE OF HARMFUL SUBSTANCES.
It shall be unlawful for any person, firm or corporation to deposit, or cause to be deposited, or
discharge, or permit to be discharged, into any part of the sanitary sewer system of the town the
following substances:
(A) Any corrosive, volatile, inflammable or explosive liquid, gas or vapor or material of any kind.
(B) Any acid trade waste or effluent from the manufacture of chemicals or other products in which
acid or chemicals are used as part of the process of treatment or manufacture.
(C) Any trade waste containing oily and greasy substances, likely to cause accretion on the sides
of the sewers.
(D) Any motor oils or grease or similar substance.
(E) Any trade waste containing large quantities of hair or fiber, or other substances which may
obstruct the sewers or cause undue cleaning of the sewer system, or interfere with the proper
operation of the sewage works.
(F) Any fish offal, garbage, dead animals or similar types of waste.
(G) Any liquid or vapor having a temperature higher than 1500 F.
(H) Any waters or waste containing a toxic or poisonous substance in sufficient quantity to injure or
interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any
hazard in the receiving waters of the sewage treatment plant.
(1) Any waters or wastes containing suspended solids of such character and quantity that unusual
attention or expense is required to handle such materials at the sewage treatment plant.
(J) Any noxious, malodorous gas or substance capable of creating a public nuisance.
(K) Any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water
or unpolluted industrial process waters to any sanitary sewer.
('75 Code, § 6.42) ('67 Code, Chapter O, Art. IV, § 2) Penalty, see § 52.99
Cross-reference:
Prohibited discharges, see § 51.25
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§ 52.16 SETTLING BASINS.
No person operating a garage or filling station, who offers as service the washing of automobiles,
trucks or other vehicles, shall release into the sanitary sewer or storm system water so used, without
first providing a settling basin of sufficient size to permit the sedimentation of solids from such
operation, such basin or pit shall be maintained in good working condition and shall be cleaned as
often as required to remove the major portion of mud and other refuse that may be accumulated
therein.
('75 Code, § 6.43) ('67 Code, Chapter O, Art. IV, § 3) Penalty, see § 52.99
§ 52.17 CONTROL MANHOLE.
When required, the owner of any property served by a building sewer carrying industrial wastes shall
install a suitable control manhole in the building sewer to facilitate observation, sampling and
measurement of the wastes. Such manhole, when required shall be accessibly and safely located,
and shall be constructed in accordance with the plans approved by the Town Clerk. The manhole
shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and
accessible at all times.
('75 Code, § 6.44) ('67 Code, Chapter O, Art. IV, § 4)
§ 52.18 PRELIMINARY TREATMENT.
(A) The admission into the public sewers of any waters or wastes having any of the following shall
be subject to the review and approval of the Town Clerk:
(1) A five-day Biochemical Oxygen Demand greater than 300 parts per million by weight;
(2) Containing more than 300 parts per million by weight of suspended solids; or
(3) Having an average daily flow greater than 1 % of the average daily sewage flow of the
tributary sewage treatment plant.
(B) Where necessary, in the opinion of the Town Clerk, the owner shall provide, at his expense,
such preliminary treatment as may be necessary to reduce the Biochemical Oxygen Demand to 300
parts per million and the suspended solids to 300 parts per million by weight, or control the quantities
and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent
information relating to proposed preliminary treatment facilities shall be submitted for the approval of
the Town Clerk and of the Department of Water and or such facilities shall be commenced until the
approvals are obtained in writing.
('75 Code, § 6.45) ('67 Code, Chapter O, Art. IV, § 5)
§ 52.19 MAINTENANCE OF PRELIMINARY TREATMENT FACILITIES.
Where preliminary treatment facilities are provided for any waters or wastes, they shall be
maintained continuously in satisfactory and effective operation, by the owner at his expense.
('75 Code, § 6.46) ('67 Code, Chapter O, Art. IV, § 6)
§ 52.20 SPECIAL AGREEMENTS; APPLICATION OF PROVISIONS.
No statement contained in this chapter shall be constructed as preventing any special agreement or
arrangement between the town and industrial concerns now discharging waste into the sanitary sewer
system of the town: but this chapter does and will apply from the date of adoption to any new or
different types of waste which may be discharged into the sanitary sewer system of the town.
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('75 Code, § 6.47) ('67 Code, Chapter O, Art. IV, § 7)
ADMINISTRATION AND ENFORCEMENT
§ 52.30 RIGHT OF ENTRY.
The Town Clerk and other duly authorized employees of the town bearing proper credentials and
identification shall be permitted to enter upon all properties for the purposes of inspection,
observation, measurement, sampling, and testing, in accordance with the provisions of this chapter.
('75 Code, § 6.49) ('67 Code, Chapter O, Art. IV, § 9)
§ 52.31 NOTICE OF VIOLATION.
Any person found to be violating any provision of this chapter except § 52.07 shall be served by the
town with written notice stating the nature of the violation and providing a reasonable time limit for the
satisfactory correction thereof. The offender shall, within the period of time stated in such notice,
permanently cease all violations.
('75 Code, § 6.50) ('67 Code, Chapter O, Art. IV, § 10)
FATS, OILS, AND GREASE CONTROL
§ 52.40 FATS, OILS, AND GREASE CONTROL.
(A) Purpose.
(1) Fats, oils and grease (FOG) is a major concern for the Town of Gibsonville wastewater
collection system. When not disposed of properly, FOG forms thick layers inside sewers constricting
flow, similar to the way cholesterol affects blood flow in our arteries. Clogged sewers result in sewage
spills and overflows, which creates environmental and public health concerns.
(2) The provisions of this section are applicable to any non-residential facility, connected to the
Town of Gibsonville wastewater collection system, involved in the preparation or serving of food and/or
food products.
(3) FOG discharges may be from residential, commercial, or industrial users and represent a
significant problem for wastewater collection systems and treatment plants. One significant source of
FOG is restaurants due to the amount of grease used in cooking and other food preparation work.
Improper cleanup practices allow food particles, oil and grease, and cleaning products to flow to the
wastewater collection system.
(4) The Town of Gibsonville Public Works Department devotes equipment and man hours to
unstopping and cleaning the wastewater collection system which includes, but not limited to,
manholes, lift stations, gravity lines, and service lines clogged with oil and grease.
(B) Authority.
(1) By the adoption of this section, the town requires that all wastewater discharges will comply
with this section.
(2) Also in conjunction with Chapter 10, Traps, Interceptors, and Separators of the North Carolina
State Building Code, Volume II - Plumbing Code or latest version.
(3) Pursuant to requirements of the Town of Gibsonville Wastewater Collection System Permit
(WQCS00349) Article I, Section 4.
(4) The intent of this section is to also ensure compliance with rules and regulations of the United
States Environmental Protection Agency and the North Carolina Department of Environment and
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Natural Resources.
(C) Definitions. For the purposes of this section, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
FATS, OILS AND GREASES. Organic polar compounds derived from animal and/or plant sources
that contain multiple carbon chain triglyceride molecules. These substances are detectable and
measurable using analytical test procedures established in the United States Code of Federal
Regulations 40 CFR 136, as may be amended from time to time. All are sometimes referred to herein
as GREASE or GREASES.
FOOD SERVICE ESTABLISHMENT. A facility primarily engaged in activities of preparing, serving,
or otherwise making foodstuffs available for consumption by the public such as restaurants,
commercial kitchens, caterers, hotels, cafeterias, delicatessens, meat cutting -preparations, bakeries,
ice cream parlors, cafes, hospitals, schools, bars, correctional facilities, care institutions and any other
facility discharging kitchen or food preparation wastewaters which, in the town's discretion, would
require a grease trap installation by virtue of its operation. Preparation activities include but are not
limited to cooking by frying, baking, grilling, sauteing, rotisserie, broiling, boiling, blanching, roasting,
toasting, or poaching. Also included are infrared heating, searing, barbecuing, and any other food
preparation activity that produces a hot, non -drinkable food product in or on a receptacle that requires
washing.
GRAB SAMPLE. A sample which is taken from a waste stream on a one-time basis without
regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.
GREASE INTERCEPTOR. A device utilized to effect the separation of grease and oils in
wastewater effluent from a food service establishment. Such interceptors may be of the "outdoor" or
"underground" type normally of a 1,000 gallons or more capacity.
GREASE TRAP. A device utilized to effect the separation of grease and oils in wastewater effluent
from a food service establishment. Such traps are the "under-the-counter" type normally 100 gallons
or less capacity.
GREASES. Rendered animal fat, vegetable shortening, and other such oily matter used for the
purposes of and resulting from cooking and/or preparing foods. Includes the accumulation of oils, fats,
cellulose, starch, proteins, and wax.
LOCAL LIMITS. A maximum pollutant level placed on wastewater discharged to the town's sewer.
These limits are listed in this section.
MINIMUM DESIGN CAPACITY. The design features of a grease interceptor and its ability or
volume required to effectively intercept and retain greases and grease -laden wastewaters discharged
to the public wastewater system.
NON -COOKING ESTABLISHMENT. A facility primarily engaged in the preparation of precooked
food products that do not include any form of cooking. These include cold dairy and frozen food
product preparation and serving establishments.
OIL. Any one or a combination of mineral, vegetable, and synthetic substances and animal and
vegetable fats that are used in a variety of processes.
SANITARY SEWER OVERFLOW. An overflow or discharge of raw sewage from municipal
wastewater systems often due to a blockage in a line.
SEWER USE ORDINANCE (SUO). A town legal document stating the requirements of all facilities
(including restaurants) discharging to the local POTW.
USER. Any person, including those located within the town's area of extraterritorial jurisdiction,
who contributes, caused or permits the contribution or discharge of wastewater into the POTW,
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including persons who contribute such wastewater from mobile sources, such as those who discharge
hauled wastewater.
WASTEWATER COLLECTION SYSTEM. The collection of pipes, manholes, pumps, lifts, and
other equipment throughout town designed to handle and safely transport non -potable water wastes.
(D) General requirements.
(1) All food service establishments discharging wastewater to the Town of Gibsonville wastewater
collection system are subject to the following requirements:
(a) All food service establishments shall have grease -handling facilities installed and
maintained, at the user's expense. Non -cooking establishments and other commercial, institutional
and/or industrial establishments may also require grease -handling facilities be installed when deemed
necessary by the Public Works Director.
(b) An administrative fee of $25 per year to be paid to the town is required of all food service
establishments. This fee is to be used to offset cost associated with inspections, testing, and
equipment.
(c) Any food service establishments without any grease handling facilities will be allowed a
compliance deadline not to exceed six months from the date of notification to have approved grease -
handling equipment installed.
(d) The following shall not be discharged into the fat, oil, grease removal system:
150°F;
1. Waste that does not contain fat, oil, grease, and that otherwise does not require treatment;
2. Wastewater from dish washing machines or wastewater with temperature exceeding
3. Ground residue from food waste grinders and garbage disposals;
4. Sanitary waste;
5. Emulsifiers, chemicals, and enzymes.
(e) Food service establishments whose grease handling facilities or methods are either under -
designed or substandard, or not adequately maintained to prevent floatable fats, oils or greases from
entering the wastewater system shall be notified, in writing, of the deficiencies, required
improvements, and provided a compliance deadline. The food service establishments shall be
required to provide a schedule whereby corrections will be accomplished.
(f) Food service establishments whose operations cause or allow excessive grease to
discharge or accumulate in the town's wastewater collection system may be liable to the town for
related clean-up costs (see division (G) below). The user will be liable for any fines dispensed from the
State of North Carolina or the United States of America.
(g) This section maintains the discharge limitation from users of the town's wastewater
collection system for oil and grease at 100 mg/L (milligrams per liter). Additionally the policy requires
the user to install and keep maintained, at his or her expense, a grease trap/interceptor at his or her
establishment.
(2) New establishments.
(a) All new food service establishments shall be required to install grease interceptor(s)
approved by the Public Works Director. Grease interceptor(s) shall be adequately sized, with no
interceptor less than 1,000 gallons total capacity, unless approved by the Public Works Director.
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(b) No new food service establishments will be allowed to initiate operations until grease
handling facilities are installed and approved by the Public Works Director.
(3) Existing establishments and/or new establishment locating in existing buildings.
(a) All existing food service establishments and new food service establishments locating in
existing buildings shall have grease handling facilities, meeting the same requirements for installation
and design as for new establishments.
(b) Where it is determined by the Public Works Director that the installation of an approved
"outdoor" grease interceptor is not feasible or physically impossible to install, then an adequate and
approved "under-the-counter" grease trap, may be allowed for use on individual fixtures, including
sinks, dishwashers, and other potentially grease containing drains. The location of these units must be
located as near as possible to the source of the wastewater.
(4) Exemption from installation requirements.
(a) A food service establishment determined to have no immediate adverse impact on the
town's wastewater collection system because of the business type may be granted an exemption from
the grease trap/interceptor installation requirements.
(b) The Public Works Director may, at any time, revoke an exemption and require that a grease
trap/interceptor be installed.
(c) To obtain an exemption, a food service establishment must provide written request to the
Director of Public Works stating grounds for the exemption and request an inspection. Approval may
only be by the Public Works Director or his or her designee.
(5) Exemption for grease trap/interceptor requirements by virtue of the business type.
(a) Residential Group Home Classification by North Carolina state agency having authority;
(b) An establishment serving beverages only;
(c) An establishment serving beverages and/or ready to eat, packaged or unpackaged food
items (with or without warming);
(d) A snack bar with no food preparation other than food warming;
(e) A produce stand that only offers whole, uncut fresh fruits and vegetables;
(f) A bed -and -breakfast that prepares and serves breakfast only to guests, with no more than
six guestrooms and no more than 12 guests;
(g) Other establishments serving only ready to eat foods with or without food warming.
(E) Trap/interceptor design and sizing requirements.
(1) All grease traps/interceptors shall be designed according to minimum standards of the North
Carolina Plumbing Code and be of a type, capacity, and location approved by the Public Works
Director. Such traps/interceptors may be of the "outdoor" or "underground" type normally of a 1,000
gallon capacity or more, or the "under-the-counter" package units which are typically less than 100
gallon capacity.
(2) All grease interceptors must have each chamber directly accessible from the surface. It shall
be properly located to allow for complete access to the inner chambers to provide means for servicing
and maintaining of the interceptor in working and operating condition, and for inspecting, viewing, and
sampling of effluent wastewater.
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(3) Access manholes, with a minimum diameter of 24 inches, shall be provided over each
chamber and sanitary tee. The access manholes shall extend to finish grade and be designed and
maintained to prevent inflow or infiltration. The manholes shall also have readily removable covers to
facilitate inspection, grease removal, and wastewater sampling activities.
(F) Maintenance and inspections.
(1) Maintaining and cleaning grease handling facilities.
(a) The user is solely responsible for maintaining the grease handling facilities at a capacity
capable of intercept fat, oil and grease and operate efficiently at all times, or to achieve compliance
with the 100 mg/I grease and oil limit.
(b) The exclusive use of enzymes, grease solvents, emulsifiers, etc. is not considered
acceptable grease trap maintenance practice.
(c) To ensure continuous and adequate operation of grease -handling facilities regularly
scheduled maintenance of grease -handling facilities is required. The user shall determine and strictly
follow an appropriate cleaning / pump -out schedule, based on the type of establishment and the
amount of grease to be generated.
(d) Users shall empty and service grease interceptors to achieve compliance with the discharge
limits as often as necessary, but in any event no longer than every 120 days except under special
provisions determined by the Public Works Director. The town may require a specific schedule if
deemed necessary by the Public Works Director.
(e) Grease traps shall be serviced and documented daily or at the manufactured recommended
frequency. If the grease trap is not serviced daily, the user must demonstrate compliance with the 100
mg/I grease and oil limit.
(f) The user shall be responsible for the proper removal and disposal of captured material,
by appropriate means. All organic and inorganic solids, such as grit, rocks, gravel, sand, eating
utensils, cigarettes, shells, towels, rags, and the like, which settle into the sludge pocket and thereby
reduce the effective volume of the grease trap/interceptor, are required to be removed and all floating
material is required to be skimmed from trap or basin tank.
(g) Water removed from interceptor(s) shall not be reintroduced to the trap itself or to the town's
wastewater collection system without prior written approval from the Town of Gibsonville and unless all
of the following conditions are met:
1. The grease waste hauler's truck is specifically designed for this purpose.
2. The hauler has written authorization from the food service establishment.
3. The town has inspected the individual truck and observed the discharge. (The discharge
may be sampled at the town's discretion.)
(2) Record keeping.
(a) The user shall maintain written record of grease trap maintenance on -site for a period of
three years. These records will be reviewed by the Town of Gibsonville during their inspection of your
establishment.
(b) A copy of each interceptor service record shall be sent to the Public Works Director at the
Public Works Department, Town of Gibsonville, 129 W. Main Street, Gibsonville, North Carolina
27249, no later than 15 days after the end of the month during which the maintenance occurred.
(c) A complete report shall include:
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1. A receipt signed by the person responsible for performing the work. The date on the receipt
must indicate the actual date the work was performed, not a billing date.
2. The receipt shall bear the name, address, phone number, and a contact name of the
business performing the work.
3. The disposal method and destination of material removed.
4. Indicate the interceptor was refilled with clean water.
5. The size (in gallons) and location (above or below ground, in or outside of building, etc.) of
the interceptor in relation to the food service establishment.
(d) It is highly recommended that the user be present during any cleaning, pumping, or
skimming performed by a contractor, in order to appropriately respond to any questions the town may
have about the services performed.
(3) Inspections.
(a) All food service establishments' grease -handling facilities shall be subject to review,
evaluation, and inspection by authorized representative(s) of the Town of Gibsonville during normal
working hours.
(b) Results of inspections will be made available to user. The town may make
recommendations for correction and improvement.
(c) The town will inspect each establishment to ensure compliance with this policy. This may
include sink and trap set-up, quantity of grease in the trap, clarity of the effluent, grease recycling bin,
and vendor hauling records. However, the town will initiate additional inspections, sampling, and
pursue enforcement if the required hauling vendor paperwork is not in order or if the facility is located
in the area where a blockage occurs.
(4) Sampling.
(a) The town may require that any user monitor and test their discharge for fat, oil and grease
in such a manner and with such methods as are specified by the Director of Public Works. All
monitoring results shall be reported to the town within five days of their receipt by the user. In addition,
as a condition of discharging to the system, all users may be monitored by the town without prior
notice.
(b) Those food service establishments whose effluent discharge is determined to cause
interference in the conveyance or operation of the town's wastewater collection system will be
required to sample its grease trap discharge and have it analyzed for fat, oil and grease, at the
expense of the user. Results of such analyses shall be reported to the town.
(c) Samples for fats, oils and greases must be obtained using grab collection techniques.
Sampling shall be done from a point near the effluent tee or nearest manhole to get an indication of
the effluent flowing from the interceptor. The sample may be collected and analyzed for grease and oil
concentration by a certified contracted laboratory.
(d) The reports shall include the date, exact place, method, and time of sampling, the name of
the person(s) taking the samples, the dates analyses were performed, lab performing the analyses,
the techniques or methods used, and the results of such analyses.
(G) Enforcement
(1) (a) Enforcement actions against food service establishments will be taken in accordance
with this section. However, the Town of Gibsonville reserves the right to implement other enforcement
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responses available to it under the Code of Ordinances and North Carolina law, separately or in
combination with this section.
(b) The enforcement response plan outlined below will be an effective way to ensure that the
Town of Gibsonville takes fair, consistent and equitable enforcement actions against food service
establishment for violations of this section. In response to unusual instances of non-compliance,
judgment and flexibility will be needed. Some violations may require a response that deviates from this
enforcement action plan depending on the particulars of the situation.
(c) Food service establishments whose operations cause or allow excessive grease to
discharge or accumulate in the town's wastewater collection system may be liable to the town for
costs related to service calls for line blockages, line cleanings, line and pump repairs, and other
repairs, including all labor, materials, and equipment. Failure to pay all service -related charges may be
considered grounds for discontinuance of services.
(d) The user will be liable for any fines dispensed from the State of North Carolina or the United
States of America.
(2) Notice of non-compliance.
(a) If a food service establishment fails to complete and return mandatory survey
questionnaires or it is found that the grease handling facilities are not installed or are not being
routinely cleaned and maintained, the town may issue a notice of non-compliance to advise the food
service establishment that it is in violation of this section. The town will provide general information of
required steps to be taken to comply with this chapter. However, it is the responsibility of the
establishment to determine corrective action act to comply with this section.
(b) A notice of non-compliance will only be provided once. All future actions after issuance of a
notice of non-compliance justify proceeding directly to a notice of violation.
(3) Notice of violation.
(a) If it is determined the food service establishment is in violation of this chapter, the town will
issue a notice of violation to advise the establishment that it is in violation of this chapter and what
needs to be done in order to correct the violation.
(b) A notice of violation shall be issued to the property owner for a specific food service
establishment and sent by certified mail. A notice of violation shall require that corrective action be
taken by a given date and/or may require attendance at a meeting to submit a compliance schedule
agreement. Failure to install a grease trap will result in a fine of $250 per month until a properly sized
trap/interceptor is installed. Civil penalties may be imposed, as well as, consideration for
discontinuance of water and sewer services to the property.
(c) Primary reasons for the issuance of a notice of violation are, but not limited to:
1. Failure to complete and return survey questionnaire by the due dates, as required by
written notification;
2. Failure to install a grease trap/interceptor by an assigned date;
3. Failure to provide a collection drum or container for segregating oils, grease and/or greasy
solids by an assigned date;
4. Failure to properly maintain, clean/pump out, the grease trap/interceptor at a frequency
that ensures efficient operation;
5. Failure to repair grease trap/interceptor by an assigned date;
6. Failure to maintain grease trap/interceptor maintenance records on site;
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7. Failure to provide grease trap/interceptor maintenance records to the Public Works
Department within specified time;
8. Failure to pay appropriate fee(s) and/or fine(s);
9. Denied authorized inspector access to your facility to observe conditions, obtain
information, and/or perform sampling related to discharges to the town's wastewater collection system
on a given date.
(d) Once a violation is found to exist, all cost associated with follow-up sampling and testing will
be at the user's expense.
(e) If the concentration of grease and oil exceeds the discharge limit, the food service
establishment will be routinely inspected and the discharge will be considered in non-compliance until
laboratory analysis confirms compliance.
(4) Order to comply. If, after a follow-up inspection to the notice of violation it is found that the
food service establishment has continued the violation(s), the town will issue an order to comply to
again advise the food service establishment that it is in continued violation of this section. The town
will again provide general information of required steps to be taken to comply with this section.
However, it is the responsibility of the establishment to determine what course of action must be done
and act to abate the violation and comply with this section. Failure to comply with the order to comply
will include a fee of $250 per billing cycle and the cost to install a grease trap, $50 per day civil
penalty, and/or discontinuance of water and sewer services to the property.
(5) Discontinuance of water and sewer services. If, after a follow-up inspection to the order to
comply identifies continued violation(s), discontinuance of water and sewer services to the property
may be considered.
(6) Personnel responsible for enforcement actions. The Public Works Director is responsible for
all enforcement actions. The Town Attorney may be requested to review escalated penalties prior to
issuance, if the Public Works Director deems it necessary.
(H) Civil penalties and fees.
(1) Civil penalties.
(a) Failure to comply with the order to comply will include a fee of $250 per billing cycle and the
cost to install a grease trap, $50 per day civil penalty, and/or discontinuance of water and sewer
services to the property. (See division (G)(4) above.)
(b) In addition to civil penalties, the town may assess reasonable fees for reimbursement of
cost for:
Legal fees.
2. Personnel and equipment expenses.
3. Cost associated with the clean up or decontamination of a site after the discharge of
substances into the town wastewater collection system, storm water, and or the environment that
cause interference, pass -through or sanitary sewer blockage. This includes clean up and
decontamination of all structures/areas including residential, commercial, and the environment.
4. Sampling and monitoring.
5. Other fees as the town may deem necessary to carry out the requirements contained
herein. These fees shall relate solely to the matters covered by this section and are separate from all
other fees, fines, and penalties chargeable by the town.
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(2) Fees. An administrative fee of $25 per year to be paid to the town is required of all food
service establishments. This fee is to be used to offset cost associated with inspections, testing, and
equipment. (See division (D) above.)
(Ord. passed 9-14-09)
§ 52.99 PENALTY.
(A) Any person who shall continue any violation beyond the time limit provided for in § 52.31 shall
be guilty of a misdemeanor, and upon conviction thereof shall be fined in an amount riot exceeding
$200 for such violation. Each day in which any such violation shall continue shall be deemed a
separate offense.
(B) Any person violating any of the provisions of this chapter shall become liable to the town for any
expense, loss, or damage occasioned the town by reason of such violation.
('75 Code, § 6.51) ('67 Code, Chapter O, Art. IV, §§ 11 and 12)
fLE VII: TRAFFIC CODE
Chapter
70. GENERAL PROVISIONS
71. TRAFFIC RULES
72. STOPPING, STANDING AND PARKING
73. BICYCLES, MOTORCYCLES AND TOY VEHICLES
74. PEDESTRIANS
75. RAILROADS
76. TRAFFIC SCHEDULES
77. PARKING SCHEDULES
Section
CHAPTER 70: GENERAL PROVISIONS
General Provisions
70.01 Definitions
70.02 Authority of Police and Fire Department Officials
70.03 Obedience to Police and Fire Department Officials
70.04 Application to persons propelling pushcarts or riding animals
70.05 Public employees to obey traffic regulations
70.06 Exemptions for authorized emergency vehicles
Traffic -Control Devices
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70.15 Authority to install traffic -control devices
70.16 Specifications for traffic -control devices
70.17 Obedience required; when signs required for enforcement
70.18 Traffic -control signal legend
70.19 Pedestrian -control signals
70.20 Flashing signals
70.21 Display of unauthorized signs, signals or markings
70.22 Interference with official traffic- control devices or railroad signs or signals
70.23 Establishment of play streets
70.24 Traffic lanes
70.25 Zones of quiet
70.26 Schools zones
Traffic Division; Traffic Violations; Accidents
70.50 Traffic Division established; Police Administration
70.51 Records of traffic violations
70.52 Traffic accidents
70.53 Drivers files to be maintained
70.54 Submission of annual traffic -safety report
70.55 Designation of method of funeral procession identification
70.56 Emergency and experimental regulations
70.99 Penalty
GENERAL PROVISIONS
§ 70.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
BICYCLE. Every device propelled by human power upon which any person may ride, having two
tandem wheels.
CROSSWALK.
(1) That part of a roadway at an intersection included within the connection of the lateral lines of
the sidewalks or on opposite sides of the
highway measured from the curbs, or in the absence of curbs from the edges of the traversable
roadway.
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(2) Any portion of a roadway at an inter- section or elsewhere distinctly indicated for pedestrian
crossing by lines or other markings on the surface.
DRIVER. Every person who drives or is in actual physical control of a vehicle.
HIGHWAY. See ROADWAY or STREETS.
INTERSECTION. The area embraced within the prolongation or connection of the lateral curb lines,
or, if none, then the lateral edge or roadway lines of two or more highways which join one another at
any angle whether or not one such highway crosses the other. Where a highway includes two
roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an
intersecting highway shall be regarded as a separate intersection. In the event such intersecting
highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of
such highways shall be regarded as a separate intersection.
MOTORCYCLE. Vehicles having a saddle for the use of the rider and designed to travel on not
more than three wheels in contact with the ground, including motorscooters and motor -driven bicycles,
but excluding tractors and utility vehicles equipped with an additional form of device designed to
transport property, three -wheeled vehicles while being used by law enforcement agencies, and
mopeds as defined in G.S. § 20-4.01(27)j.
OFFICIAL TIME STANDARD. Whenever certain hours are named herein they shall mean standard
time or daylight saving time as may be in current use in this town.
PEDESTRIAN. Any person afoot.
POLICE.
(1) POLICE OFFICER. Every officer of the Municipal Police Department or any officer
authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
(2) TRAFFIC DIVISION. The Traffic Division of the Police Department of this town, or in the
event a Traffic Division is not established, then the term whenever used herein shall be deemed to
refer to the Police Department of this town.
RAILROAD. A carrier of persons or property upon cars, other than streetcars, operated upon
stationary rails.
RAILROAD TRAIN. A steam engine, electric or other motor, with or without cars coupled thereto,
operated upon rails, except streetcars.
RIGHT-OF-WAY. The privilege of the immediate use of the roadway.
ROADWAY; HIGHWAY. See also STREETS.
(1) LANED ROADWAY. A roadway which is divided into two or more clearly marked lanes for
vehicular traffic.
(2) THROUGH HIGHWAY. Every street or highway or portion thereof at the entrances to which
vehicular traffic from intersecting streets or highways is required by law to stop before entering or
crossing the same and when stop signs are erected as provided in this act.
(3) CONTROLLED -ACCESS HIGHWAY. Every highway, street, or roadway in respect to which
owners or occupants of abutting property or lands and other persons have no legal right of access to
or from the same, except at such points only and in such manner as may be determined by the public
authority having jurisdiction over such highway, street, or roadway.
STREETS.
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(1) STREET or HIGHWAY. The entire width between property or right-of-way lines of every way
or place of whatever nature, when any part thereof is open to the use of the public as a matter of right
for the purposes of vehicular travel.
(2) PRIVATE ROAD or DRIVEWAY. Every road or driveway not open to the use of the public as a
matter of right for the purpose of vehicular traffic.
(3) ROADWAY. That portion of a street or highway improved, designed, or ordinarily used for
vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more
separate ROADWAYS the term ROADWAY as used herein shall refer to any such ROADWAY
separately but not to all such ROADWAYS collectively.
(4) SIDEWALK. That portion of a street between the curb lines, or the lateral lines of a roadway,
and the adjacent property lines intended for the use of pedestrians.
(5) ALLEY. A thoroughfare through the middle of a block.
STOPPING; PARKING.
(1) STOP. When required means complete cessation of movement.
(2) STOP, STOPPING, OR STANDING. When prohibited means any stopping or standing of a
vehicle whether occupied or not, except when necessary to avoid conflict with other traffic or in
compliance with the directions of a police officer or traffic -control sign or signal.
(3) PARK. When prohibited means the standing of a vehicle whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in loading or unloading.
TRAFFIC. Pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or
together while using any street for purposes of travel.
TRAFFIC CONTROL.
(1) OFFICIAL TRAFFIC -CONTROL
DEVICES. All signs, signals, markings, and devices not inconsistent with this chapter placed or
erected by authority of a public body or official having jurisdiction, for the purpose of regulating,
warning, or guiding traffic.
(2) TRAFFIC -CONTROL SIGNAL. Any device, whether manually, electrically, or mechanically
operated, by which traffic is alternately directed to stop and to proceed.
VEHICLE. Every device in, upon, or by which any person or property is or may be transported or
drawn upon a highway, except devices moved by human power or used exclusively upon fixed rails or
tracks; provided that for the purposes of this title, bicycles shall be deemed vehicles and every rider of
a bicycle upon a highway shall be subject to the provisions of this title applicable to the driver of a
vehicle, except those which by their nature can have no application. VEHICLE shall not include a
device which is designed for and intended to be used as a means of transportation for a person with a
mobility impairment, or who uses th device for mobility enhancement, is suitable for use both inside
and outside a building, including on sidewalks, and is limited by design to 15 miles per hour when the
device is being operated by a person with a mobility impairment, or who uses the device for mobility
enhancement. VEHICLE shall not include an electric personal assistive mobility device as defined in
G.S. § 20-4.01(7b).
(1) AUTHORIZED EMERGENCY
VEHICLE. Vehicles of the Fire Department, police vehicles, and such ambulances and emergency
vehicles of municipal departments or public service corporations as are designated or authorized by
the Chief of Police.
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(2) MOTOR VEHICLE. Every vehicle which is self-propelled, and every vehicle designed to run
upon the highway, which is pulled by a self- propelled vehicle. MOTOR VEHICLE shall not include
mopeds as defined in G.S. 20-4.01(27)j.
ZONES.
(1) CURB LOADING ZONE. A space adjacent to a curb reserved for the exclusive use of
vehicles during the loading or unloading of passengers or materials.
(2) FREIGHT CURB LOADING ZONE. A space adjacent to a curb for the exclusive use of
vehicles during the loading or unloading of freight or passengers.
(3) PASSENGER CURB LOADING ZONE. A place adjacent to a curb reserved for the exclusive
use of vehicles during the loading or unloading of passengers.
(4) SAFETYZONE. The area or space officially set apart within a roadway for the exclusive use
of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly
visible at all times while set apart as a safety zone.
('75 Code, §§ 7.2 through 7.14)
Statutory reference:
For similar definitions under state law, see G. S. § 20-4.01.
§ 70.02 AUTHORITY OF POLICE AND FIRE DEPARTMENT OFFICIALS.
(A) It shall be the duty of the officers of the Police Department or such officers as are assigned by
the Chief of Police to enforce all street traffic laws and all of the state vehicle laws applicable to street
traffic.
(B) Officers of the Police Department or such officers as are assigned by the Chief of Police are
hereby authorized to direct all traffic by voice, hand, or signal in conformance with traffic laws,
provided that, in the event of a fire or other emergency or to expedite traffic or to safeguard
pedestrians, officers of the Police Department may direct traffic as conditions may require
notwithstanding the provisions of the traffic laws.
(C) Officers of the Fire Department, when at the scene of a fire, may direct or assist the police in
directing traffic thereat or in the immediate vicinity.
('75 Code, § 7.41)
Cross-reference:
Police Department, see Chapter 32
Impoundment procedures; fees, see § 72.16
§ 70.03 OBEDIENCE TO POLICE AND FIRE DEPARTMENT OFFICIALS.
No person shall willfully fail or refuse to comply with any lawful order or direction of a Police Officer
or Fire Department Official.
('75 Code, § 7.42) Penalty, see § 70.99
§ 70.04 APPLICATION TO PERSONS PRO PELLING PUSHCARTS OR RIDING ANIMALS.
Every person propelling any push cart or riding an animal upon a roadway, and every person driving
any animal -drawn vehicle, shall be subject to the provisions of this chapter applicable to the driver of
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any vehicle, except those provisions of this chapter which by their very nature can have no
application.
('75 Code, § 7.43)
Cross-reference:
Animals, see Chapter 91
§ 70.05 PUBLIC EMPLOYEES TO OBEY TRAFFIC REGULATIONS.
The provisions of this chapter shall apply to the driver of any vehicle owned by or used in the service
of the United States Government, this state, county, or town, and it shall be unlawful for any the driver
to violate any of the provisions of this chapter, except as otherwise permitted in this chapter or by state
statute.
('75 Code, § 7.45) Penalty, see § 70.99
§ 70.06 EXEMPTIONS FOR AUTHORIZED EMERGENCY VEHICLES.
(A) The driver of an authorized emergency vehicle, when responding to an emergency call or when
in the pursuit of an actual suspected violator of the law or when responding to, but not upon returning
from, a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions
herein stated.
(B) The driver of an authorized emergency vehicle may:
(1) Park or stand, irrespective of the provisions of this chapter;
(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be
necessary for safe operation;
(3) Exceed the prima facie speed limits so long as he does not endanger life or property;
(4) Disregard regulations governing direction of movement or turning in specified directions.
(C) The exemptions herein granted to an authorized emergency vehicle shall apply only when the
driver of any vehicle while in motion sounds audible signal by bell, siren, or exhaust whistle as may be
reasonably necessary, and when the vehicle is equipped with at least one lighted lamp displaying a
light visible under normal atmospheric conditions from a distance of 500 feet to the front of such
vehicle, except that an authorized emergency vehicle operated as a police vehicle need not be
equipped with or display a light visible from in front of the vehicle.
(D) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from
the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the
driver from the consequences of his reckless disregard for the safety of others.
('75 Code, § 7.46)
Cross-reference:
Operation of vehicles on approach of authorized emergency vehicles, see § 71.03
TRAFFIC -CONTROL DEVICES
§ 70.15 AUTHORITY TO INSTALL TRAFFIC -CONTROL DEVICES.
The town shall place and maintain traffic -control signs, signals, and devices when and as required
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under the traffic ordinances to make effective the provisions of the ordinances, and may place and
maintain such additional traffic -control devices to regulate traffic under the traffic ordinances of this
town or under state law, or to guide or warn traffic.
('75 Code, § 7.51)
§ 70.16 SPECIFICATIONS FOR TRAFFIC -CONTROL DEVICES.
All traffic control signs, signals, and devices shall conform to state regulations. All signs and signals
required hereunder for a particular purpose shall so far as practicable be uniform as to type and
location. All traffic -control devices so erected and not inconsistent with the provisions of state law or
this subchapter shall be official traffic -control devices.
('75 Code, § 7.52)
§ 70.17 OBEDIENCE REQUIRED; WHEN SIGNS REQUIRED FOR ENFORCEMENT.
(A) The driver of any vehicle shall obey the instructions of any official traffic -control device
applicable thereto placed in accordance with the traffic ordinances, unless otherwise directed by a
police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this
subchapter. ('75 Code, § 7.53)
(B) When traffic devices required for enforcement purposes. No provision of this chapter for which
signs are required shall be enforced against an alleged violator if at the time and place of the alleged
violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily
observant person. Whenever a particular section does not state that signs are required, such section
shall be effective even though no signs are erected or in place. ('75 Code, § 7.54)
Penalty, see § 70.99
Cross-reference:
Bicycle operators; obedience to traffic -control devices, see § 73.17
§ 70.18 TRAFFIC -CONTROL SIGNAL LEGEND.
On streets within the town's jurisdiction, whenever traffic is controlled by traffic -control signals
exhibiting the words "Go," "Caution," or "Stop," or exhibiting different colored lights successively one at
a time, or with arrows, the following colors only shall be used and the terms and light shall indicate
and apply to drivers of vehicles and pedestrians as follows:
(A) Green alone or "Go."
(1) Vehicular traffic facing the signal may proceed straight through or turn right or left unless a
sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or
left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or
an adjacent crosswalk at the time such signal is exhibited.
(2) Pedestrians facing the signal may proceed across the roadway within any marked or
unmarked crosswalk.
(B) Yellow alone or "Caution" when shown following the green or "Go" signal.
(1) Vehicular traffic facing the signal is thereby warned that the red or "Stop" signal will be
exhibited immediately thereafter and such vehicular traffic shall not enter or be crossing the
intersection when the red or "Stop" signal is exhibited.
(2) No pedestrian facing such signal shall enter the roadway until the green or "Go" is shown
alone unless authorized so to do by a pedestrian "Walk" signal.
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(C) Red alone or "Stop."
(1) Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of
the intersection or, if none, then before entering the intersection and shall remain standing until green
or "Go" is shown alone. Provided, however, that if a sign is not erected prohibiting turns on red lights,
then vehicles may turn right on red lights after coming to a complete stop.
(2) No pedestrian facing such signal shall enter the roadway until the green or "Go" is shown
alone unless authorized so to do by a pedestrian "Walk" signal.
(D) Red with green arrow.
(1) Vehicular traffic facing such signal may cautiously enter the intersection only to make the
movement indicated by such arrow but shall yield the right-of-way to pedestrians lawfully within a
crosswalk and to other traffic lawfully using the intersection.
(2) No pedestrian facing such signal shall enter the roadway until the green or "Go" is shown
alone unless authorized so to do by a pedestrian "Walk" signal.
(E) In the event an official traffic -control signal is erected and maintained at a place other than an
intersection, the provisions of this section shall be applicable except as to those provisions which by
their nature can have no application. Any stop required shall be made at a sign or marking on the
pavement indicating where the stop shall be made, but in the absence of any such sign or marking the
stop shall be made at the signal.
('75 Code, § 7.55)
§ 70.19 PEDESTRIAN -CONTROL SIGNALS.
On streets within the town's jurisdiction, whenever special pedestrian -control signals exhibiting the
words "Walk" or "Don't walk" are in place such signals shall indicate as follows:
(A) Walk. Pedestrians facing such signal may proceed across the roadway in the direction of the
signal and shall be given the right-of-way by the drivers of all vehicles.
(B) Don't walk. No pedestrian shall start to
cross the highway in the direction of such signal, but any pedestrian who has partially completed his
crossing on the "Walk" signal shall proceed to a sidewalk or safety island while the "Don't Walk" signal
is showing.
('75 Code, § 7.56)
Cross-reference:
Pedestrians; obedience to traffic -control signals, see § 74.01
§ 70.20 FLASHING SIGNALS.
(A) Requirement. On streets within the town's jurisdiction, whenever an illuminated flashing red or
yellow signal is used in a traffic sign or signal, it shall require obedience by vehicular traffic as follows:
(1) Flashing red (stop signal). When a red lens is illuminated with rapid intermittent flashes,
drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line
when marked, or, if none, then before entering the intersection, and the right to proceed shall be
subject to the rules applicable after making a stop at a stop sign.
(2) Flashing yellow (caution signal). When a yellow lens is illuminated with rapid intermittent
flashes, drivers of vehicles may proceed through the intersection or past signal only with caution.
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(B) This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles
approaching railroad grade crossings shall be governed by the rules as set forth in G.S. § 20-142.1
('75 Code, § 7.57)
§ 70.21 DISPLAY OF UNAUTHORIZED SIGNS, SIGNALS OR MARKINGS.
(A) No person shall place, maintain, or display upon or in view of any highway any unauthorized
sign, signal, marking, or device which purports to be or is in imitation of or resembles an official traffic -
control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which
hides from view or interferes with the effectiveness of any official traffic -control device or any railroad
sign or signal.
(B) No person shall place or maintain nor shall any public authority permit upon any highway any
traffic sign or signal bearing thereon any commercial advertising.
(C) This section shall not be deemed to prohibit the erection upon private property adjacent to high-
ways of signs giving useful directional information and of a type that cannot be mistaken for official
signs.
('75 Code, § 7.58) Penalty, see § 70.99
§ 70.22 INTERFERENCE WITH OFFICIAL TRAFFIC -CONTROL DEVICES OR RAILROAD SIGNS
OR SIGNALS.
No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down, or
remove any official traffic -control device or any railroad sign or signal or any inscription, shield, or
insignia thereon, or any other part thereof.
('75 Code, § 7.59) Penalty, see § 70.99
§ 70.23 ESTABLISHMENT OF PLAY STREETS.
(A) The Board shall have authority to declare any street or part thereof a play street and to place
appropriate signs or devices in the roadway indicating and helping to protect the same.
(B) Whenever authorized signs are erected indicating any street or part thereof as a play street, no
person shall drive a vehicle upon any such street or portion thereof except drivers of vehicles having
business or whose residences are within the closed area, and then any driver shall exercise the
greatest care in driving upon such street or portion thereof.
('75 Code, § 7.60)
Cross-reference:
Bicycles, see Chapter 73
§ 70.24 TRAFFIC LANES.
Where traffic lanes have been marked, it shall be unlawful for the operator of any vehicle to fail or
refuse to keep such vehicle within the boundaries of any such lane except when lawfully passing
another vehicle or preparatory to making a lawful turning movement.
('75 Code, § 7.61) Penalty, see § 70.99
§ 70.25 ZONES OF QUIET.
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Whenever authorized signs are placed which indicate a zone of quiet, the person operating a motor
vehicle within any such zone shall not sound the horn or any other warning device, except in an
emergency.
('75 Code, § 7.62) ('67 Code, Chapter G, Art. 3, § 4) Penalty, see § 70.99
§ 70.26 SCHOOLS ZONES.
Whenever authorized signs are placed, which prescribe any street, or part thereof, as a school zone,
drivers of motor vehicles using the street, or part thereof, shall exercise the greatest care for the
protection of children.
('75 Code, § 7.63) ('67 Code, Chapter G, Art. 3, § 6) Penalty, see § 70.99
Cross-reference:
Parking adjacent to schools, see § 72.09
TRAFFIC DIVISION; TRAFFIC VIOLATIONS; ACCIDENTS
§ 70.50 TRAFFIC DIVISION ESTABLISHED; POLICE ADMINISTRATION.
(A) There is hereby established in the Police Department a Traffic Division to be under the control
of an officer of police appointed by and directly responsible to the Chief of Police. ('75 Code, § 7.21)
(B) It shall be the duty of the Traffic Division with such aid as may be rendered by other members
of the Police Department to enforce the street traffic regulations and all of the state vehicle laws
applicable to street traffic, to make arrests for traffic violations, to investigate accidents and to
cooperate with the Town Traffic Engineer and other officers in the administration of the traffic laws and
in developing ways and means to improve traffic conditions, and to carry out those duties specially
imposed upon the division by this chapter. ('75 Code, § 7.22)
§ 70.51 RECORDS OF TRAFFIC VIOLATIONS.
(A) The Police Department or the Traffic Division thereof shall keep a record of all violations of the
traffic ordinances or of the state vehicle laws of which any person has been charged, together with a
record of the final disposition of all such alleged offenses. Such record shall be so maintained as to
show all types of violations and the total of each. The record shall accumulate during at least a five-
year period and from that time on the record shall be maintained complete for at least the most recent
five- year period.
(B) All forms for records of violations and notices of violations shall be serially numbered. For each
month and year a written record shall be kept available to the public showing the disposal of all such
forms.
(C) All such records and reports shall be public records.
('75 Code, § 7.23)
§ 70.52 TRAFFIC ACCIDENTS.
(A) Traffic Division to investigate accidents. It shall be the duty of the Traffic Division, assisted by
other police officers of the department to investigate traffic accidents, to arrest and to assist in the
prosecution of those persons charged with violations of law causing or contributing to such accidents.
('75 Code, § 7.24)
(B) Traffic accident studies. Whenever the accidents at any particular location become numerous,
the Traffic Division shall conduct studies of such accidents and determine remedial measures. ('75
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Code, § 7.25)
(C) Traffic accident reports. The Traffic Division shall maintain a suitable system of filing traffic
accident reports. Accident reports or cards referring to them shall be filed alphabetically by location.
('75 Code, § 7.26)
§ 70.53 DRIVERS FILES TO BE MAINTAINED.
(A) The Police Department or Traffic Division thereof shall maintain a suitable record of all traffic
accidents, warnings, arrests, convictions, and complaints reported for each driver, which shall be filed
alphabetically under the name of the driver concerned.
(B) The Division shall study the cases of all the drivers charged with frequent or serious violations
of the traffic laws, or involved in frequent traffic accidents or any serious accident, shall attempt to
discover the reasons therefor, and shall take whatever steps are lawful and reasonable to prevent the
same or to have the licenses of such persons suspended or revoked.
(C) Such records shall accumulate during at least a five-year period and from that time on such
records shall be maintained complete for at least the most recent five-year period.
('75 Code, § 7.27)
§ 70.54 SUBMISSION OF ANNUAL TRAFFIC -SAFETY REPORT.
The Traffic Division shall annually prepare a traffic report which shall be filed with the Mayor. Such
report shall contain information on traffic matters as follows:
(A) The number of traffic accidents, the number of persons killed, the number of persons injured,
and other pertinent traffic accident data;
(B) The number of traffic accidents investigated and other pertinent data on the safety activities of
the police;
(C) The plans and recommendations of the Division for future traffic safety activities.
('75 Code, § 7.28)
§ 70.55 DESIGNATION OF METHOD OF FUNERAL PROCESSION IDENTIFICATION.
The Traffic Division shall designate a type of pennant or other identifying insignia to be displayed
upon, or other method to be employed to identify, the vehicles in funeral processions.
('75 Code, § 7.29)
Cross-reference:
Processions, see §§ 71.25 through 71.28
§ 70.56 EMERGENCY AND EXPERIMENTAL REGULATIONS.
The Chief of Police is hereby empowered to make regulations necessary to make effective the
provisions of the traffic ordinances and to make and enforce temporary or experimental regulations to
cover emergencies or special conditions. No such temporary or experimental regulation shall remain
in effect for more than 90 days.
('75 Code, § 7.30)
§ 70.99 PENALTY.
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If any person shall violate any ordinance in this title regulating the operation or parking of vehicles
for which no penalty is otherwise provided, he shall be responsible for an infraction and shall be
required to pay a penalty of not more than $50. (G.S. § 14-4(b))
Section
CHAPTER 71: TRAFFIC RULES
Operation Generally
71.01 Following fire apparatus prohibited
71.02 Crossing fire hose
71.03 Operation of vehicles on approach of authorized emergency vehicles
71.04 Driving vehicles on sidewalks
71.05 Limitations on backing
71.06 Controlled access
71.07 Number of persons in front seat restricted
71.08 Turning in fire station entrance prohibited
71.09 Boarding or alighting from vehicles
71.10 Riding upon vehicles not designated for passenger use
71.11 Entering; riding vehicles without permission
71.12 Passengers to remain inside vehicles
71.13 Speed limits; exceptions
71.14 One-way streets and alleys
71.15 Yield right-of-way intersections
Processions
71.25 Driving through funeral or other procession
71.26 Drivers in a procession
71.27 Funeral processions to be identified
71.28 Parades and processions; permit requirements
Turning Movements
71.40 Required position and method of turning at intersections
71.41 Turning markers
71.42 Authority to place restricted turn signs
71.43 Obedience to no -turn signs
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71.44 Limitations on turning around
Special Stops Required
71.55 Through streets designated
71.56 Authority to erect stop signs
71.57 Intersections where stop required
71.58 Signs to bear the word "Stop"
71.59 Vehicles to stop at stop signs
71.60 Emerging from alley, driveway, or building
71.61 Stop when traffic obstructed
Truck Traffic
71.75 Weight restrictions on certain streets
71.76 Closing of certain streets to trucks
OPERATION GENERALLY
§ 71.01 FOLLOWING FIRE APPARATUS PROHIBITED.
On streets within the town's jurisdiction, the driver of any vehicle other than one on official business
shall not follow any fire apparatus traveling in response to a fire alarm closer than 500 feet or drive
into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.
('75 Code, § 7.111) Penalty, see § 70.99
Cross-reference:
Fire Department, see Chapter 33
§ 71.02 CROSSING FIRE HOSE.
On streets within the town's jurisdiction, no vehicle shall be driven over any unprotected hose of a
Fire Department when laid down on any street or private driveway, to be used at any fire or alarm of
fire, without the consent of the Fire Department Official in command.
('75 Code, § 7.112) Penalty, see § 70.99
§ 71.03 OPERATION OF VEHICLES ON APPROACH OF AUTHORIZED EMERGENCY
VEHICLES.
(A) On streets within the town's jurisdiction, upon the immediate approach of an authorized emer-
gency vehicle equipped with at least one lighted lamp exhibiting light visible under normal atmospheric
conditions from a distance of 500 feet to the front of such vehicle other than a police vehicle when
operated as an authorized emergency vehicle, and when the driver is giving audible signal by siren,
exhaust whistle, or bell, the driver of every other vehicle shall yield the right-of-way and shall
immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of
the roadway clear of any intersection and shall stop and remain in such position until the authorized
emergency vehicle has passed, except when otherwise directed by a police officer;
(B) This section shall not operate to relieve the driver of an authorized emergency vehicle from the
duty to drive with due regard for the safety of all, persons using the highway.
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('75 Code, § 7.47) Penalty, see § 70.99
Cross-reference:
Exemptions for authorized emergency vehicles, see § 70.06
§ 71.04 DRIVING VEHICLES ON SIDEWALKS.
The driver of a vehicle shall not drive within any sidewalk area except at a permanent or temporary
driveway.
('75 Code, § 7.117) Penalty, see § 70.99
§ 71.05 LIMITATIONS ON BACKING.
The driver of a vehicle shall not back the same unless such movement can be made with
reasonable safety and without interfering with other traffic.
('75 Code, § 7.118) Penalty, see § 70.99
§ 71.06 CONTROLLED ACCESS.
No person shall drive a vehicle onto or from any controlled -access roadway except at such
entrances and exits as are established by public authority.
('75 Code, § 7.121) Penalty, see § 70.99
§ 71.07 NUMBER OF PERSONS IN FRONT SEAT RESTRICTED.
It shall be unlawful for the driver, or the person in charge, of any motor vehicle to permit more than
three persons (including driver) to ride in the front or driver's seat of a motor vehicle.
('75 Code, § 7.124) ('67 Code, Chapter G, Art. 6, § 5) Penalty, see § 70.99
§ 71.08 TURNING IN FIRE STATION ENTRANCE PROHIBITED.
It shall be unlawful for any person to drive in or turn in the driveway of the fire station on Main Street
with any motor vehicle whatsoever, except the fire truck, and other trucks or automobiles which have a
particular reason to turn in and which have been permitted by the Mayor or Fire Chief.
('75 Code, § 7.125) ('67 Code, Chapter G, Art. 6, § 6) Penalty, see § 70.99
§ 71.09 BOARDING OR ALIGHTING FROM VEHICLES.
No person shall board, or alight from any public conveyance, or other vehicle, while such
conveyance, or vehicle, is in motion.
('75 Code, § 7.126) ('67 Code, Chapter G, Art. 6, § 1) Penalty, see § 70.99
§ 71.10 RIDING UPON VEHICLES NOT DESIGNATED FOR PASSENGER USE.
No person shall ride on any public conveyance, or vehicle, not designated, or intended, for the use
of passengers. This provision shall not apply to an employee engaged in the necessary discharge of
a duty nor to persons riding within truck bodies in spaces intended for merchandise.
('75 Code, § 7.127) ('67 Code, Chapter G, Art. 6, § 2) Penalty, see § 70.99
§ 71.11 ENTERING; RIDING VEHICLES WITHOUT PERMISSION.
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No person shall enter, jump on, or ride any automobile or other vehicle without the consent of the
owner or driver.
('75 Code, § 7.128) ('67 Code, Chapter G, Art. 6, § 3) Penalty, see § 70.99
§ 71.12 PASSENGERS TO REMAIN INSIDE VEHICLES.
No person shall allow any part of his body to protrude beyond the limits of the vehicle in which he is
riding, except to give such signals as are by law required, and no person shall hang on to any vehicle
whatsoever.
('75 Code, § 7.129) ('67 Code, Chapter G, Art. 6, § 4) Penalty, see § 70.99
§ 71.13 SPEED LIMITS; EXCEPTIONS.
(A) Limit established. Except as otherwise provided in this subchapter, it shall be unlawful to
operate a vehicle in excess of 35 miles per hour inside the municipal corporate limits.
(B) Exceptions. It shall be unlawful to operate a vehicle in excess of the speeds listed in Chapter
76, Schedule IV upon the streets or portions of streets indicated in such traffic schedule, whether or
not a part of the state highway system.
('75 Code, §§ 7.71 and 7.72) Penalty, see § 70.99
§ 71.14 ONE-WAY STREETS AND ALLEYS.
(A) Authority to sign one-way streets and alleys. Whenever any ordinance designates any one-way
street or alley there shall be signs giving notice thereof, and no such regulation shall be effective
unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed
at every intersection where movement of traffic in the opposite direction is prohibited. ('75 Code, §
7.91)
(B) Schedule adopted. Upon those streets and parts of streets and in those alleys described in
Chapter 76, Schedule III, hereby made a part hereof, vehicular traffic shall move only in the indicated
direction when signs indicating the direction of traffic are erected and maintained at every intersection
where movement in the opposite direction is prohibited. ('75 Code, § 7.92)
Penalty, see § 70.99
Cross-reference:
Standing or parking on one-way roadways, see § 72.10
§ 71.15 YIELD RIGHT-OF-WAY INTERSECTIONS.
Certain intersections described in Chapter 76, Schedule VI, attached hereto and made a part hereof
are hereby declared to be yield right-of-way intersections when entered from the streets first named;
when yield right-of-way signs are erected at such intersections, it shall be unlawful for the driver of any
vehicle to enter or cross any main traveled or through street (so designated by the location of the yield
right-of-way signs) unless he shall first slow down and yield right-of-way to any vehicle in movement
on the main traveled or through street which he is approaching so as to arrive at the intersection at
approximately the same time as the vehicle entering the main traveled or through street. ('75 Code, §
7.109) ('67 Code, Chapter G, Art. 5, § 26) Penalty, see § 70.99
PROCESSIONS
§ 71.25 DRIVING THROUGH FUNERAL OR OTHER PROCESSION.
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No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized
procession while they are in motion and when such vehicles are conspicuously designated as required
in this subchapter. This provision shall not apply at intersections where traffic is controlled by traffic -
control signals or police officers.
('75 Code, § 7.113) Penalty, see § 70.99
§ 71.26 DRIVERS IN A PROCESSION.
Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway
as practical and shall follow the vehicle ahead as close as is practical and safe.
('75 Code, § 7.114)
§ 71.27 FUNERAL PROCESSIONS TO BE IDENTIFIED.
A funeral composed of a procession of vehicles shall be identified as such by the display of burning
headlights.
('75 Code, § 7.115)
Cross-reference:
Designation of method of funeral procession identification, see § 70.55
§ 71.28 PARADES AND PROCESSIONS; PERMIT REQUIREMENTS.
No funeral, procession, or parade containing 200 or more persons or 50 or more vehicles, excepting
the forces of the United States Army or Navy, the military forces of this state, and forces of the Police
and Fire Departments, shall occupy, march, or proceed along any street except in accordance with a
permit issued by the Chief of Police and such other
regulations as are set forth herein which may apply.
('75 Code, § 7.116) Penalty, see § 70.99
Cross-reference:
Parade permits, see §§ 130.25 through 130.22
TURNING MOVEMENTS
§ 71.40 REQUIRED POSITION AND METHOD OF TURNING AT INTERSECTIONS.
On streets within the town's jurisdiction, the driver of a vehicle intending to turn at an intersection
shall do so as follows:
(A) Right turns. Both the approach for a right turn and a right turn shall be made as close as
practicable to the right-hand curb or edge of the roadway.
(B) Left turns on two-way roadways. At any intersection where traffic is permitted to move in both
directions on each roadway entering the intersection, an approach for a left turn shall be made in that
portion of the right half of the roadway nearest the center line thereof and by passing to the right of
such center line where it enters the intersection and after entering the intersection the left turn shall be
made so as to leave the intersection to the right of the center line of the roadway being entered.
Whenever practicable the left turn shall be made in that portion of the intersection to the left of the
center of the intersection.
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(C) Left turns on other than two-way roadways. At any intersection where traffic is restricted to one
direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such inter-
section shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving
in the direction of travel of the vehicle and after entering the intersection the left turn shall be made so
as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic
moving in such direction upon the roadway being entered.
('75 Code, § 7.81)
§ 71.41 TURNING MARKERS.
When authorized markers, buttons, or other indications are placed within an intersection indicating
the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions
of such indications.
('75 Code, § 7.82) Penalty, see § 70.99
§ 71.42 AUTHORITY TO PLACE RESTRICTED TURN SIGNS.
The Board shall determine those intersections at which drivers of vehicles shall not make a right,
left, or U turn, and shall place proper signs at such intersections. The making of such turns may be
prohibited between certain hours of any day and permitted at other hours, in which event the same
shall be plainly indicated on the signs or they may be removed when such turns are permitted.
Restrictions on turning movements shall be as specified in Chapter 76, hereby incorporated herein.
('75 Code, § 7.83)
§ 71.43 OBEDIENCE TO NO -TURN SIGNS.
Whenever authorized signs are erected indicating that no right or left or U turn is permitted, no driver
of a vehicle shall disobey the directions of any such sign.
('75 Code, § 7.84) Penalty, see § 70.99
§ 71.44 LIMITATIONS ON TURNING AROUND.
The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction upon
any street in a business district and shall not upon any other street so turn a vehicle unless such
movement can be made in safety and without interfering with other traffic.
('75 Code, § 7.85) Penalty, see § 70.99
SPECIAL STOPS REQUIRED
§ 71.55 THROUGH STREETS DESIGNATED.
Those streets and parts of streets described in Chapter 76, Schedule I, hereby made a part thereof,
are declared to be through streets for the purpose of this subchapter.
('75 Code, § 7.101)
§ 71.56 AUTHORITY TO ERECT STOP SIGNS.
Whenever any ordinance designates and describes a through street, there shall be a stop sign on
each and every street intersecting such through street or intersecting that portion thereof described
and designated as such by any ordinance unless traffic at any such intersection is controlled at all
times by traffic -control signals; provided, however, that at the intersection of two such through streets
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or at the intersection of a through street and a heavy traffic street not so designated, stop signs shall
be erected at the approaches of either of the streets.
('75 Code, § 7.102)
§ 71.57 INTERSECTIONS WHERE STOP REQUIRED.
The Board may determine and designate intersec- tions where particular hazard exists upon other
than through streets and may determine whether vehicles shall stop at one or more entrances to any
such stop intersection, and shall erect a stop sign at every such place where a stop is required. Such
places are specified in Chapter 76, Schedule II hereby made a part hereof.
('75 Code, § 7.103)
Cross-reference:
Stop at railroad crossings, see § 75.01
§ 71.58 SIGNS TO BEAR THE WORD "STOP."
Every sign erected pursuant to this subchapter shall bear the word "Stop" in letters not less than
eight inches in height and such sign shall at nighttime be rendered luminous by steady or flashing
internal illumination, or by a fixed floodlight projected on the face of the sign, or by efficient reflecting
elements on the face of the sign. Every stop sign shall be located as near as practicable at the nearest
line of the crosswalk on the near side of the intersection or, if none, at the nearest line of the roadway.
('75 Code, § 7.104)
§ 71.59 VEHICLES TO STOP AT STOP SIGNS.
When stop signs are erected as herein authorized at or near the entrance to any intersection, every
driver of a vehicle shall stop before entering the crosswalk on the near side of the intersection or in the
event there is no crosswalk shall stop at a clearly marked stop line, but if none, then at the point
nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting
roadway before entering the intersection except when directed to proceed by a police officer or traffic -
control signal.
('75 Code, § 7.105) Penalty, see § 70.99
§ 71.60 EMERGING FROM ALLEY, DRIVEWAY, OR BUILDING.
The driver of a vehicle within a business or residence district emerging from an alley, driveway, or
building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area
extending across any alleyway or driveway, yielding the right-of-way to any pedestrian as may be
necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles
approaching on the roadway.
('75 Code, § 7.106) Penalty, see § 70.99
§ 71.61 STOP WHEN TRAFFIC OBSTRUCTED.
No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the
other side of the intersection or crosswalk to accommodate the vehicle he is operating without
obstructing the passage of other vehicles or pedestrians, notwith- standing any traffic -control signal
indication to proceed.
('75 Code, § 7.107) Penalty, see § 70.99
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TRUCK TRAFFIC
§ 71.75 WEIGHT RESTRICTIONS ON CERTAIN STREETS.
It shall be unlawful for owners and/or drivers of any vehicle that weighs in excess of five tons, with or
without load, to do any act to cause, allow, or permit the vehicles to drive, enter, travel, or park on any
of the streets listed in Chapter 76, Schedule V(B), with the exception of those motor vehicles engaged
in the performance of a necessary pickup and/or delivery service to any business or residence which
requires by the quantity of items or sizes of items to be picked up in or delivered in a truck weighing in
excess of five tons, vehicles in the performance of street, utility or property maintenance, or vehicles
properly designated as emergency vehicles.
('75 Code, § 7.122) ('67 Code, Chapter G, Art. 5, § 23) (Am. Ord. 0-86-06, passed 6-3-86) Penalty,
see § 70.99
§ 71.76 CLOSING OF CERTAIN STREETS TO TRUCKS.
The Board may close any street which is not a part of the highway system of the state or the United
States, to travel by truck of more than one ton capacity loaded or unloaded, by the erection of
appropriate signs thereon. The names and portions of streets so closed to traffic shall be designated
and included in a list of such streets to be known as Chapter 76, Schedule V (A), attached hereto and
forming a part hereof, which list may be altered from time to time by action of the Board. No person,
firm or corporation shall operate or cause to be operated any such truck over any such street, except
to a point or place on such street for the purpose of loading or unloading only. This section shall not
apply to any vehicle owned or used by the town in the course of its governmental or public functions.
('75 Code, § 7.123) ('67 Code, Chapter G, Art. 5, § 25) Penalty, see § 70.99
Section
CHAPTER 72: STOPPING, STANDING AND PARKING
General Provisions
72.01 Standing or parking close to curb
72.02 Angle parking; signs or markings
72.03 Lights on parked vehicles
72.04 Stopping, standing or parking; no signs required
72.05 Parking not to obstruct traffic
72.06 Parking in alleys
72.07 All night parking prohibited
72.08 Parking for sale or maintenance prohibited
72.09 Parking adjacent to schools
72.10 Standing or parking on one-way roadways
72.11 Stopping, standing or parking near hazardous or congested places
72.12 Parking prohibited during certain hours
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72.13 Vehicles backed up to curb
72.14 Left side to curb not permitted in business district
72.15 Handicapped parking spaces
72.16 Impoundment procedures; fees
Loading and Unloading Zones; Public Carrier Stops and Stands
72.35 Compliance required
72.36 Passenger loading zones
72.37 Commercial loading zones
72.38 Public carrier stops and stands
72.39 Parking of taxicabs within the same block
72.40 Stopping, standing, and parking of busses and taxicabs regulated
72.41 Restricted use of bus and taxicab stands
Restricted or Prohibited Parking on Certain Streets
72.50 Application of regulations
72.51 Regulations not exclusive
72.52 Parking prohibited at all times on certain streets
72.53 Parking signs required
72.54 Parking time limited to two hours in designated places
72.55 Parking time limited to 15 minutes in designated places
Parking on Privately Owned Property
72.65 Regulations authorized
72.66 Application
72.67 Erection of signs
72.68 Regulations adopted
72.69 Compliance required; enforcement
72.99 Penalty
GENERAL PROVISIONS
§ 72.01 STANDING OR PARKING CLOSE TO CURB.
No person shall stand or park a vehicle on Main Street, from Piedmont Street to Joyner Street, other
than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with
the right-hand wheels of the vehicle within 12 inches of the curb or edge of the roadway.
('75 Code, § 7.171)
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§ 72.02 ANGLE PARKING; SIGNS OR MARKINGS.
(A) Signs or markings indicating angle parking.
(1) The Board shall determine upon what streets angle parking shall be permitted and shall mark
or sign such streets, which are specified in Chapter 77, Schedule IV.
(2) Angle parking shall not be indicated or permitted at any place where passing traffic would
thereby be caused or required to drive upon the left side of the street.
('75 Code, § 7.172)
(B) Obedience to angle -parking signs or markings. Upon those streets which have been signed or
marked for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or
edge of the roadway indicated by such signs or markings. ('75 Code, § 7.173)
Penalty, see § 72.99
§ 72.03 LIGHTS ON PARKED VEHICLES.
(A) Whenever a vehicle is lawfully parked at nighttime upon any street within a business or
residence district no lights need be displayed upon such parked vehicle.
(B) Whenever a vehicle is parked upon a street or highway outside of a business or residence
district during the hours between one-half hour after sunset and one-half hour before sunrise, such
vehicle shall be equipped with one or more lamps which shall exhibit a white light on the roadway side
visible from a distance of 500 feet to the front of the vehicle and a red light visible from a distance of
500 feet to the rear.
(C) Any lighted headlamps upon a parked vehicle shall be depressed or dimmed.
('75 Code, § 7.174)
§ 72.04 STOPPING, STANDING OR PARKING; NO SIGNS REQUIRED.
(A) No person shall stop, stand, or park a vehicle except when necessary to avoid conflict with
other traffic or in compliance with law or the directions of a police officer or traffic -control device, in any
of the following places:
(1) On a sidewalk;
(2) In front of a public or private driveway;
(3) Within an intersection;
(4) Within 15 feet of a fire hydrant;
(5) On a crosswalk;
(6) Within 20 feet of a crosswalk at an intersection;
(7) Within 30 feet upon the approach to any flashing beacon, stop sign, or traffic -control signal
located at the side of a roadway;
(8) Between a safety zone and the adjacent curb or within 30 feet of points on the curb
immediately opposite the ends of a safety zone, unless signs or markings indicate a different length;
(9) Within 50 feet of the nearest rail of a railroad crossing;
(10) Within 20 feet of the driveway entrance to any fire station and on the side of a street
opposite the entrance to any fire station within 75 feet of the entrance (when properly signposted);
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(11) Alongside or opposite any street excavation or obstruction when stopping, standing, or
parking would obstruct traffic;
(12) On a roadway side of any vehicle stopped or parked at the edge or curb of a street;
(13) Upon an bridge or other elevated structure upon a highway or within a highway tunnel;
(14) At any place where official signs prohibit stopping.
(B) No person shall move a vehicle not lawfully under his control into any such prohibited area or
away from a curb such distance as is unlawful.
('75 Code, § 7.181) Penalty, see § 72.99
§ 72.05 PARKING NOT TO OBSTRUCT TRAFFIC.
No person shall park any vehicle upon a street, other than an alley, in such a manner or under such
conditions as to leave available less than ten feet of the width of the roadway for free movement of
vehicular traffic.
('75 Code, § 7.182) Penalty, see § 72.99
§ 72.06 PARKING IN ALLEYS.
No person shall park a vehicle within an alley in such a manner or under such conditions as to leave
available less than ten feet of the width of the roadway for the free movement of vehicular traffic and
no person shall stop, stand, or park a vehicle within an alley, in such position as to block the driveway
entrance to any abutting property.
('75 Code, § 7.183) Penalty, see § 72.99
§ 72.07 ALL NIGHT PARKING PROHIBITED.
No person shall park a vehicle between the hours of 1:00 a.m. and 6:00 a.m. of any day, on the
improved streets specified in Chapter 77, Schedule II.
('75 Code, § 7.184) Penalty, see § 72.99
§ 72.08 PARKING FOR SALE OR MAINTENANCE PROHIBITED.
No person shall park a vehicle upon any roadway for the principal purpose of:
(A) Displaying such vehicle for sale.
(B) Washing, greasing, or repairing such vehicle except repairs necessitated by an emergency.
('75 Code, § 7.185) Penalty, see § 70.99
§ 72.09 PARKING ADJACENT TO SCHOOLS.
When official signs are erected indicating no parking upon either side of a street adjacent to any
school property as authorized herein, no person shall park a vehicle in any such designated place.
('75 Code, § 7.186) Penalty, see § 72.99
Cross-reference:
School zones, see § 70.26
§ 72.10 STANDING OR PARKING ON ONE-WAY ROADWAYS.
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In the event a highway includes two or more separate roadways and traffic is restricted to one
direction upon any such roadway, no person shall stand or park a vehicle upon the left-hand side of
such one-way roadway unless signs are erected to permit such standing or parking.
('75 Code, § 7.187) Penalty, see § 72.99
Cross-reference:
One-way streets and alleys, see § 71.14
§ 72.11 STOPPING, STANDING OR PARKING NEAR HAZARDOUS OR CONGESTED PLACES.
When official signs are erected at hazardous or congested places, no person shall stop, stand, or
park a vehicle in any such designated place.
('75 Code, § 7.188) Penalty, see § 72.99
§ 72.12 PARKING PROHIBITED DURING CERTAIN HOURS.
When respective signs are placed in certain streets, no person shall park a vehicle between the
hours of 7:00 A.M. and 4:00 P.M. upon any of the streets described in Chapter 77, Schedule II.
('75 Code, § 7.190) ('67 Code, Chapter G, Art. IV, § 4) Penalty, see § 72.99
§ 72.13 VEHICLES BACKED UP TO CURB.
In no case shall a vehicle remain backed up to the curb, except when actually loading or unloading.
('75 Code, § 7.191) ('67 Code, Chapter G, Art. IV, § 12) Penalty, see § 72.99
§ 72.14 LEFT SIDE TO CURB NOT PERMITTED IN BUSINESS DISTRICT.
No vehicle shall stop with its left side to the curb in the business district.
('75 Code, § 7.192) ('67 Code, Chapter G, Art. IV, § 13) Penalty, see § 72.99
§ 72.15 HANDICAPPED PARKING SPACES.
Parking shall be permitted for the physically handicapped as defined by state law in those areas
designated for the physically handicapped by the use of a sign or device as set forth in the Manual on
Uniform Traffic Control Devices and clearly marked for the spaces provided. It shall be a violation,
enforceable as defined by state law, to park or leave standing any vehicle in a space designated for
physically handicapped persons when such vehicle does not display the distinguishing license plate or
placard as provided in G.S. § 20-37.6 and where appropriate signs or signals giving notice thereof are
erected marking the designated parking space.
(Ord. passed 1-3-94) Penalty, see § 72.99
Cross-reference:
Location of spaces, see Chapter 77, Schedule Vll
§ 72.16 IMPOUNDMENT PROCEDURES; FEES.
(A) The following enumerated sections have been enacted for the protection of the public health, to
afford maximum fire protection and alleviate dangerous traffic congestion-
(1) § 72.04 Stopping, standing or parking; no signs required;
(2) § 72.05 Parking not to obstruct traffic;
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(3) § 72.06 Parking in alleys;
(4) § 72.11 Stopping, standing or parking near hazardous or congested places.
(B) Law enforcement officers of the town shall impound or cause to be impounded any vehicle or
vehicles found parked on the streets, alleys or rights- of -way of the town will violation of the sections of
this chapter set forth above. The law enforcement officers shall tow and store or cause to be towed
and stored any such vehicle to a suitable place designated by the town.
(C) No vehicle shall be released from its impoundment until the person seeking possession of the
vehicle shall obtain from the Chief of Police a signed release authorization form. The form shall be
issued only upon payment to the town of all storage expenses incurred by the town incident to
impounding the vehicle. Before the vehicle may be claimed, there shall be exhibited proof of
ownership or right to possession of the vehicle.
(D) In the event the owner or person in pos- session of a vehicle appears after a law enforcement
officer has called for towing equipment incident to impounding a vehicle, but before any labor to tow
the vehicle has been performed, the law enforcement officer shall release the vehicle to the owner or
person in possession upon payment of a charge to the private towing company so employed, in an
amount as shall be determined from time to time by the Board of Aldermen, as set forth in the town
fee schedule, copies of which are available for public inspection in the office of the Town Manager,
provided that when any work has been performed incident to removal but prior to the actual towing of
a vehicle, an additional charge shall be made not in excess of an amount as shall be determined from
time to time by the Board of Aldermen, as set forth in the town fee schedule, copies of which are
available for public inspection in the office of the Town Manager, to be paid by the owner to the private
towing company before the vehicle shall be released.
(E) The impounding fee required by this section shall be in addition to any penalty or cost imposed
for violation of town traffic ordinances.
(Ord. passed 4-8-80)
LOADING AND UNLOADING ZONES; PUBLIC CARRIER STOPS AND STANDS
§ 72.35 COMPLIANCE REQUIRED.
Whenever vehicle loading and unloading zones are designated and described by this subchapter
and when signs are placed, erected or installed, giving notice thereof, it shall be unlawful for any
person to stop, stand or park any vehicle for any purpose or period of time except in accordance with
the requirements of this subchapter.
('75 Code, § 7.201) Penalty, see § 72.99
§ 72.36 PASSENGER LOADING ZONES.
The streets, or parts thereof, described in Chapter 77, Schedule VI, are hereby designated as
passenger loading and unloading zones, and no person shall stop, stand or park a vehicle therein
during the hours of 8:00 a.m. to 6:00 p.m. for any purpose other than the expeditious loading or
unloading of passengers, and then only for a period not to exceed ten minutes.
('75 Code, § 7.202) Penalty, see § 72.99
§ 72.37 COMMERCIAL LOADING ZONES.
The streets, or parts thereof, described in Chapter 77, Schedule VI, are hereby designated as
commercial loading and unloading zones and no person shall stop, stand or park a vehicle therein
during the hours of 8:00 a.m. to 6:00 p.m. for any purpose other than the expeditious unloading and
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delivery, or pickup and loading of materials and goods, and then only for a period not to exceed 30
minutes.
('75 Code, § 7.203) Penalty, see § 72.99
§ 72.38 PUBLIC CARRIER STOPS AND STANDS.
Bus stands, taxicab stands and stands for other passenger common -carrier motor vehicles,
designated by appropriate signs, shall be as specified in Chapter 77, Schedule V.
('75 Code, § 7.204)
§ 72.39 PARKING OF TAXICABS WITHIN THE SAME BLOCK.
Not more than two taxicabs, owned by the same company shall be parked in one block at the same
time except if parked in established taxi stands as set out in Chapter 77, Schedule III of this
subchapter.
('75 Code, § 7.205) ('67 Code, Chapter G, Art. IV, § 10) Penalty, see § 72.99
§ 72.40 STOPPING, STANDING, AND PARKING OF BUSSES AND TAXICABS REGULATED.
(A) The operator of a bus shall not stand or park such vehicle upon any street at any place other
than at a bus stand so designated as provided herein.
(B) The operator of a bus shall not stop such vehicle upon any street at any place for the purpose
of loading or unloading passengers or their baggage other than at a bus stop, bus stand, or passenger
loading zone so designated as provided herein, except in case of an emergency.
(C) The operator of a bus shall enter a bus stop, bus stand, or passenger loading zone on a public
street in such a manner that the bus when stopped to load or unload passengers or baggage shall be
in a position with the right front wheel of such vehicle not farther than 18 inches from the curb and the
bus approximately parallel to the curb, so as not to unduly impede the movement of other vehicular
traffic.
(D) The operator of a taxicab shall not stand or park such vehicle upon any street at any place
other than in a taxicab stand so designated as provided herein. This provision shall not prevent the
operator of a taxicab from temporarily stopping in accordance with other stopping or parking
regulations at any place for the purpose of and while actually engaged in the expeditious loading or
unloading of passengers.
('75 Code, § 7.206) Penalty, see § 72.99
§ 72.41 RESTRICTED USE OF BUS AND TAXICAB STANDS.
No person shall stop, stand, or park a vehicle other than a bus in a bus stop, or other than a taxicab
in a taxicab stand when any such stop has been officially designated and appropriately signed, except
that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while
actually engaged in loading or unloading passengers when such stopping does not interfere with any
bus, or taxicab waiting to enter or about to enter such zone.
('75 Code, § 7.207) Penalty, see § 72.99
RESTRICTED AND PROHIBITED PARKING ON CERTAIN STREETS
§ 72.50 APPLICATION OF REGULATIONS.
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The provisions of this subchapter prohibiting the standing or parking of a vehicle shall apply at all
times or at those times herein specified or as indicated on official signs except when it is necessary to
stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer
or official traffic -control device.
('75 Code, § 7.211)
§ 72.51 REGULATIONS NOT EXCLUSIVE.
The provisions of this chapter imposing a time limit on parking shall not relieve any person from the
duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing, or
parking of vehicles in specified places or at specified times.
('75 Code, § 7.212)
§ 72.52 PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS.
When signs are erected giving notice thereof, no person shall park a vehicle at any time upon any of
the streets described in Chapter 77, Schedule I, and at those times in Chapter 77, Schedule II.
('75 Code, § 7.213) Penalty, see § 72.99
§ 72.53 PARKING SIGNS REQUIRED.
Whenever by this or any other section any parking time limit is imposed or parking is prohibited on
designated streets there shall be appropriate signs giving notice thereof and no such regulations shall
be effective unless the signs are erected and in place at the time of any alleged offense.
('75 Code, § 7.214)
§ 72.54 PARKING TIME LIMITED TO TWO HOURS IN DESIGNATED PLACES.
When respective signs are placed in certain streets, no person shall park a vehicle for longer than
two hours, at any time between the hours of 8:00 a.m. and 6:00 p.m. on any day, except Sundays and
public holidays, upon any of the streets described in Chapter 77, Schedule III; a change of position of
vehicle from one point directly to another point, within the same block, shall be deemed one
continuous parking period.
('75 Code, § 7.215) ('67 Code, Chapter G, Art. IV, § 5) Penalty, see § 72.99
§ 72.55 PARKING TIME LIMITED TO 15 MINUTES IN DESIGNATED PLACES.
When respective signs are placed in certain streets, no person shall park a vehicle for longer than
15 minutes at any time upon any streets described in Chapter 77, Schedule III; a change of position of
vehicle from one point directly to another point, within the same block, shall be deemed one
continuous parking period.
('75 Code, § 7.218) ('67 Code, Chapter G, Art. IV, § 8) Penalty, see § 72.99
PARKING ON PRIVATELY OWNED PROPERTY
§ 72.65 REGULATIONS AUTHORIZED.
Upon the written request of the owner or person in general charge of the operation and control of
any parking areas or drive -ways of a privately owned hospital, shopping center, apartment house,
condominium complex, commercial office complex or other privately owned public vehicular area, as
defined in G.S. 20-4.01(32), the Board of Aldermen may regulate or prohibit during specified hours the
stopping, standing, or parking of motor vehicles.
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(Ord. 0-87-04, passed 10-6-86) Penalty, see § 72.99
§ 72.66 APPLICATION.
The owner or person in general charge of the operation and control of the property must submit the
request for regulation in writing, on application forms available from the Town Clerk.
(Ord. 0-87-04, passed 10-6-86)
§ 72.67 ERECTION OF SIGNS.
(A) The cost of erecting, placing or installing signs, and the cost of all necessary signs as
determined by the Chief of Police, shall be paid by the person requesting regulations.
(B) All signs erected must be approved prior to placement, or, the applicant may request that the
town place the signs upon payment by the applicant of all costs.
(Ord. 0-87-04, passed 10-6-86)
§ 72.68 REGULATIONS ADOPTED.
(A) No person shall stop, leave standing, or park a motor vehicle in the areas specified in this
section in violation of posted signs, when signs are placed, erected or installed giving notice that
stopping, standing, or parking is regulated, prohibited, or prohibited during certain hours, in that space
or area.
(B) The following locations are hereby designated as "No Parking" spaces:
(To be designated at a later date)
(Ord. 0-87-04, passed 10-6-86) Penalty, see § 72.99
§ 72.69 COMPLIANCE REQUIRED; ENFORCEMENT.
The provisions of this section shall be enforceable in the same manner as is used to enforce other
parking regulations and ordinances, and penalties shall be the same as for the corresponding violation
on publicly owned or controlled streets or property.
(Ord. 0-87-04, passed 10-6-86)
§ 72.99 PENALTY.
(A) Penalties for violation of the parking ordinances, for which no other specific penalty is provided,
shall be $5 for each violation. The fine for these violations shall be payable to the Town Clerk within
48 hours from issuance of the citation. Failure to pay parking fines within this time will result in a
warrant being issued against the violator.
('75 Code, § 7.219) (Ord. passed 3-19-73)
(B) Any person in violation of § 72.15 shall be guilty of an infraction and upon conviction shall be
subject to a fine of at least $50 but not more than $100. (G.S. § 20-37.6(f)(1)
CHAPTER 73: BICYCLES
Section
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General Provisions
73.01 Use of coasters, roller skates and similar devices restricted
73.02 Riding on motorcycles
73.03 Clinging to vehicles
Bicycles
73.15 Parental responsibility; applicability of regulations
73.16 Bicycle riders subject to traffic laws
73.17 Obedience to traffic -control devices
73.18 Rules for operation of bicycles
73.19 Riding on roadways and bicycle paths
73.20 Emerging from alley or driveway
73.21 Parking
73.22 Riding on sidewalk
73.23 Lamps and other equipment
73.24 Bicycle registration
GENERAL PROVISIONS
§ 73.01 USE OF COASTERS, ROLLER SKATES AND SIMILAR DEVICES RESTRICTED.
No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device,
shall go upon any roadway except while crossing a street on a crosswalk and when so crossing such
person shall be granted all of the rights and shall be subject to all of the duties applicable to
pedestrians. This section shall not apply upon any street while set aside as a play street as authorized
by ordinance.
('75 Code, § 7.44) Penalty, see § 70.99
§ 73.02 RIDING ON MOTORCYCLES.
A person operating a motorcycle shall ride only upon the permanent and regular seat attached
thereto, and such operator shall not carry any other person nor shall any other person ride on a
motorcycle unless such motorcycle is designed to carry more than one person, in which event a
passenger may ride upon the permanent and regular seat if designed for two persons, or upon
another seat firmly attached to the rear or side of the operator.
('75 Code, § 7.119) Penalty, see § 70.99
§ 73.03 CLINGING TO VEHICLES.
No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same
or himself to any vehicle upon a roadway.
('75 Code, § 7.120) Penalty, see § 70.99
BICYCLES
§ 73.15 PARENTAL RESPONSIBILITY; APPLICABILITY OF REGULATIONS.
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(A) The parent of any child and the guardian of any ward shall not authorize or knowingly permit
any such child or ward to violate any of the provisions of this subchapter.
(B) These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any
street or upon any public path set aside for the exclusive use of bicycles, subject to those exceptions
stated herein.
('75 Code, § 7.151) Penalty, § 70.99
§ 73.16 BICYCLE RIDERS SUBJECT TO TRAFFIC LAWS.
Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject
to all of the duties applicable to the driver of a vehicle by the laws of this state declaring rules of the
road applicable to vehicles or by this chapter applicable to the driver, except as to special regulations
in this subchapter and except as to those provisions of laws and ordinances which by their nature can
have no application.
('75 Code, § 7.152)
§ 73.17 OBEDIENCE TO TRAFFIC -CONTROL DEVICES.
(A) Any person operating a bicycle shall obey the instructions of official traffic -control signals, signs,
and other control devices applicable to vehicles, unless otherwise directed by a police officer.
(B) Whenever authorized signs are erected indicating that no right or left or U turn is permitted, no
persons operating a bicycle shall disobey the direction of any such sign, except where such person
dismounts from the bicycle to make any such turn, in which event such person shall then obey the
regulations applicable to pedestrians.
('75 Code, § 7.153) Penalty, see § 70.99
Cross-reference:
Traffic -control devices, see §§ 70.15 through 70.26
§ 73.18 RULES FOR OPERATION OF BICYCLES.
(A) Riding on bicycles.
(1) A person propelling a bicycle shall not ride other than astride a permanent and regular seat
attached thereto.
(2) No bicycle shall be used to carry more persons at one time than the number for which it is
designed and equipped.
('75 Code, § 7.154)
(B) Speed. No person shall operate a bicycle at a speed greater than is reasonable and prudent
under the conditions then existing. ('75 Code, § 7.156)
(C) Carrying articles. No person operating a bicycle shall carry any package, bundle, or article
which prevents the rider from keeping at least one hand upon the handle bars. ('75 Code, § 7.158)
Penalty, see § 70.99
§ 73.19 RIDING ON ROADWAYS AND BICYCLE PATHS.
(A) Every person operating a bicycle upon a roadway shall ride as near to the right-hand side of the
roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the
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same direction.
(B) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or
parts of roadways set aside for the exclusive use of bicycles.
(C) Whenever a usable path for bicycles has been provided adjacent to a roadway bicycle riders
shall use such path and shall not use the roadway.
('75 Code, § 7.155) Penalty, see § 70.99
§ 73.20 EMERGING FROM ALLEY OR DRIVEWAY.
The operator of a bicycle emerging from an alley, driveway or building, shall upon approaching a
sidewalk or the sidewalk area extending across any alleyway, yield the right-of-way to all pedestrians
approaching on the sidewalk or sidewalk area, and upon entering the roadway shall yield the right-of-
way to all vehicles approaching on the roadway.
('75 Code, § 7.157) Penalty, see § 70.99
§ 73.21 PARKING.
No person shall park a bicycle upon a street other than upon the roadway against the curb or upon
the sidewalk in a rack to support the bicycle or against a building or at the curb, in such a manner as
to afford the least obstruction to pedestrian traffic.
('75 Code, § 7.159) Penalty, see § 70.99
§ 73.22 RIDING ON SIDEWALK.
(A) No person shall ride a bicycle upon a sidewalk within a business district.
(B) The Chief of Police is authorized to erect signs on any roadway prohibiting the riding of bicycles
thereon by any person and when such signs are in place no person shall disobey the same.
(C) No person 15 or more years of age shall ride a bicycle upon any sidewalk.
(D) Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-
way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian.
('75 Code, § 7.160) Penalty, see § 70.99
§ 73.23 LAMPS AND OTHER EQUIPMENT.
(A) Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall
emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the
rear of a type which shall be visible from all distances from 50 feet to 300 feet to the rear when directly
in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a red light visible
from a distance of 500 feet to the rear may be used in addition to the red reflector.
(B) No person shall operate a bicycle unless it is equipped with a bell or other device capable of
giving a signal audible for a distance of at least 100
feet, except that a bicycle shall not be equipped with nor shall any persons use upon a bicycle any
siren or whistle.
(C) Every bicycle shall be equipped with a brake which will enable the operator to make the braked
wheel skid on dry, level, clean pavement.
('75 Code, § 7.161) Penalty, see § 70.99
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§ 73.24 BICYCLE REGISTRATION.
The town shall provide registration plates together with registration cards to the owners of bicycles
within this town. Such registration plates and registration cards shall be numbered in numerical order.
The design and identification lettering therein shall be approved by the Chief of Police. Upon proper
application, the Chief of Police shall cause to be attached one such plate to the frame of each bicycle
so registered. Such plate shall remain attached to the bicycle for which it was issued during the period
such bicycle is operated within the town. The Chief of Police shall cause to be kept a permanent
register in which shall be entered the name, address and age of the owner of each registered bicycle,
the date of registration, and sufficient information to identify such bicycle.
('75 Code, § 7.162) (Ord. passed 9-16-74)
Section
CHAPTER 74: PEDESTRIANS
74.01
Obedience to traffic -control signals
74.02
Right-of-way; crosswalk
74.03
Crossing at right angles
74.04
When pedestrians shall yield
74.05
Prohibited crossing
74.06
Walking along roadways
74.07
Soliciting rides or business
74.08
Drivers to exercise due care
Statutory reference:
For similar statutes regulating pedestrians, see G.S. §§ 20-172 et seq.
§ 74.01 OBEDIENCE TO TRAFFIC -CONTROL SIGNALS.
Pedestrians shall be subject to traffic -control signals as heretofore declared in §§ 70.18 and 70.19 of
this chapter, but at all other places pedestrians shall be granted those rights and be subject to the
restrictions stated in this subchapter.
('75 Code, § 7.131)
Cross-reference:
Traffic -control devices, see §§ 70.15 through 70.26
§ 74.02 RIGHT-OF-WAY; CROSSWALK.
(A) When traffic -control signals are not in place or not in operation the driver of a vehicle shall yield
the right-of-way, slowing down or stopping if need be, to so yield to a pedestrian crossing the roadway
within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is
traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to
be in danger, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run
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into the path of a vehicle, which is so close that it is impossible for the driver to yield. A pedestrian's
right-of-way in a crosswalk is modified under the condition and as stated in § 74.04(B).
(B) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an
intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching
from the rear shall not overtake and pass such stopped vehicle.
(C) Pedestrians shall move, whenever practicable upon the right half of crosswalks.
('75 Code, §§ 7.132 and 7.133)
§ 74.03 CROSSING AT RIGHT ANGLES.
No pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or
by the shortest route to the opposite curb except in a crosswalk.
('75 Code, § 7.134) Penalty, see § 70.99
§ 74.04 WHEN PEDESTRIANS SHALL YIELD.
(A) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or
within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the
roadway.
(B) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian
crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
(C) The foregoing rules in this section have no application under the conditions stated in § 74.05
when pedestrians are prohibited from crossing at certain designated places.
('75 Code, § 7.135)
§ 74.05 PROHIBITED CROSSING.
(A) Between adjacent intersections at which traffic -control signals are in operation, pedestrians
shall not cross at any place except in a crosswalk.
(B) No pedestrian shall cross a roadway other than in a crosswalk in any business district.
('75 Code, § 7.136) Penalty, see § 70.99
§ 74.06 WALKING ALONG ROADWAYS.
(A) Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an
adjacent roadway.
(B) Where sidewalks are not provided any pedestrian walking along and upon a highway shall
when practicable walk only on the left side of the roadway or its shoulder facing traffic which may
approach from the opposite direction.
('75 Code, § 7.137) Penalty, see § 70.99
§ 74.07 SOLICITING RIDES OR BUSINESS.
(A) No person shall stand in a roadway for the purpose of soliciting a ride, employment, or
business from the occupant of any vehicle.
(B) No person shall stand on or in proximity to a street or highway for the purpose of soliciting the
watching or guarding of any vehicle while parked or about to be parked on a street or highway.
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('75 Code, § 7.138) Penalty, see § 70.99
§ 74.08 DRIVERS TO EXERCISE DUE CARE.
Notwithstanding the foregoing provisions of this subchapter, every driver of a vehicle shall exercise
due care to avoid colliding with any pedestrian upon any roadway; shall give warning by sounding the
horn when necessary; and shall exercise proper precaution upon observing any child or any confused
or incapacitated person upon a roadway.
('75 Code, § 7.139)
CHAPTER 75: RAILROADS
Section
75.01 Railroad crossing where stop required
75.02 Blocking crossing
75.03 Boarding of, or alighting from, trains while in motion
75.04 Speed regulated
Cross-reference:
Railroad crossing regulations, see § 97.19
§ 75.01 RAILROAD CROSSING WHERE STOP REQUIRED.
The Board may determine and designate railroad crossings where particular hazard exists and
determine whether vehicles shall stop at such crossing, and shall erect a stop sign at every such place
where a stop is required. Such places are specified Chapter 76, Schedule II (B).
(Ord. passed 10-27-80)
Statutory reference:
Obedience to signal indicating approach of railroad train required, G.S. § 20-142.1
§ 75.02 BLOCKING CROSSING.
It shall be unlawful for any railroad company to leave any car or cars standing on or across any of
the public crossings within the corporate limits for a longer time than five minutes.
('75 Code, § 7.221) ('67 Code, Chapter G, Art. 7, § 1) Penalty, see § 70.99
§ 75.03 BOARDING OF, OR ALIGHTING FROM, TRAINS WHILE IN MOTION.
All persons are hereby forbidden to board any train for the purpose of riding and jumping off the
same while the train is in motion. (Officers and employees of the road and persons on actual
business excepted.)
('75 Code, §§ 7.140 and 7.222) ('67 Code, Chapter G, Art. 7, § 2) Penalty, see § 70.99
§ 75.04 SPEED REGULATED.
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It shall be unlawful to operate a railroad train in excess of 35 miles per hour inside the municipal
corporate limits.
('75 Code, § 7.223) (Ord. 79-12, passed 1-8-79) Penalty, see § 70.99
CHAPTER 76: TRAFFIC SCHEDULES
Schedule
I. Through streets
II. Stop intersections
III. One-way streets
IV. Speed limits
V. Trucks restricted
VI. Yield right-of-way intersections
SCHEDULE I. THROUGH STREETS.
The following streets are declared to be through streets for the purpose of this title.
Street
F__Location
Ord. No.
Date Passed
Alamance Street
Length of street
—
- -
Apple Street
Length of street
—
- -
Bethel Church Street
Length of street
—
- -
Broad Street
Length of street
—
- -
Burlington Street
Length of street
—
- -
Cedar Street
Length of street
—
- -
Church Street
Length of street
—
- -
Dick Street
Length of street
—
- -
Elm Street
Length of street
—
- -
Huffines Street
Length of street
—
- -
Joyner Street
Length of street
-IF
- -
Lewis Street
Length of street
—
- -
Main Street
Length of street
—
-
May Street
Length of street
—
- -
Meadow Street
Length of street
—
- -
Minneola Street
Length of street
—
- -
Oakhurst Street
Length of street
—
- -
Piedmont Avenue
Length of street
—
- -
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('75 Code, App. II, § 208) Penalty, see § 70.99
Cross-reference:
Through streets, see § 71.55
SCHEDULE II. STOP INTERSECTIONS.
(A) All vehicles shall stop before entering the following intersections.
Stop
Through
Ord. No.
Date
Passed
Alamance Street
Springwood Avenue
—
4-3-67
Ambler Drive
Lashley Park Drive
—
1-3-94
Apple Street
Burke Street
—
11-21-
83
Apple Street
Gibsonville-Ossippee Road
—
1-3-94
Ashley Ridge Drive
Brycewood Drive
—
9-11-17
Bent Tree Court
Driftwood
0-88-02
8-3-87
Berry Davidson Terrace
Joe Gibson Drive
—
9-11-17
Bethel Church Road
Whitsett Avenue
—
11-6-75
Boiling Springs Court
Cape Fear Drive
—
9-11-17
Boonewood Drive
Church Street
—
1-3-94
Brittney Court
Lashley Park Drive
—
1-3-94
Broad Street
Apple Street
—
4-3-67
Broad Street
Piedmont Avenue
—
4-3-67
Brookfield Court
Westbrook Avenue
—
1-3-94
Brookfield Drive
Westbrook Avenue
—
1-3-94
Brookview
Travis
0-88-02
8-3-87
Brookview Drive
Ashley Woods Drive
—
9-11-17
Brookview Drive
Westbrook Avenue
—
1-3-94
Brownbark Court
Brownbark Lane
—
1-3-94
Brownbark Lane
Eva Drive
9-11-17
Brownbark Lane
St. Elizabeth Drive
—
9-11-17
Burke Street
Lewis Street
—
11-21-
83; 11-
6-95
Burke Street
Main Street
—
4-3-67
Burke Street
Piedmont Avenue
—
4-3-67
Burke Street (east bound)
Piedmont Avenue
—
11-21-
83
Burke Street
Springwood Avenue
—
9-11-17
Burke Street —][Wyrick
Street
—
4-21-
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80
Burlington Street
Lewis Street
—
11-6-75
Cale Drive
Carson Farms East Drive
—
9-11-17
Candlewood Drive
Brookview Drive
—
1-3-94
Candlewood Drive
Cook Road
—
1-3-94
Cape Fear Drive
Burlington Road
—
9-11-17
Cape Fear Way
Cape Fear Drive
—
9-11-17
Carol Leigh Drive
Second Avenue
—
11-6-75
Carol Leigh Drive
Steele Street
—
11-6-75
Carson Farms East Drive
Springwood Church Road
—
9-11-17
Carson Farms East Drive
Tyndall Drive
—
9-11-17
Carson Farms West Drive
Brycewood
—
9-11-17
Carson Farms West Drive
Springwood Church Road
—
9-11-17
Carson Woods Drive
Brycewood Drive
—
9-11-17
Carson Woods Drive
Springwood Church Road
—
9-11-17
Cedar Street
Meadow Street
—
11-6-75
Cedar Street
Smith Street
—
11-6-75
Cedar Street
Springwood Avenue
—
11-6-75
Chase Street
Joyner Street
—
11-6-75
Circle Drive
Springwood Avenue
—
11-6-75
Claystone Drive
Slate Drive
—
9-11-17
Club Square
Cape Fear Drive
—
9-11-17
Cobb Drive
Church Street
—
11-6-75
Cobb Street
Dick Street
—
11-6-75
Cook Road
Highway 100
0-87-02
8-4-86
Cook Road
Westbrook Avenue
—
1-3-94
Corncake Drive
Boling Springs Court
—
9-11-17
Corncake Drive
Bolivia Court
—
9-11-17
Cotton Court
Murrell
0-88-02
8-3-87
Croftwood Drive
University Drive
—
9-11-17
Cummings Street
Alamance Street
—
11-6-75
Cummings Street
Cedar Street
—
11-6-75
Cummings Street
Huffines Street
—
11-6-75
Cummings Street
Pine Street
—
11-6-75
Dick Street
Joyner Street
—
11-6-75
Dogwood
NC 100
0-88-02
8-3-87
Dogwood Drive
Ambler Road
—
9-11-17
Dogwood Drive
NC 61
—
1-3-94
Driftwood Court
Driftwood
0-88-02
8-3-87
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Driftwood Court
Westbrook
0-88-02
8-3-87
Driftwood Drive
Alamance Street
—
1-3-94
Driftwood Drive
Windrift Court
—
1-3-94
Driftwood Drive
Windrift Drive
—
1-3-94
Driftwood Lane
Cook Road
—
1-3-94
Eaglenest Road
Carmon Road
—
1-3-94
Edgewater Road
Hutchinson Drive
—
9-11-17
Edgewater Road
New Haven Lane
—
9-11-17
Ellen Drive
Alamance Street
—
- -
Elm Street
Springwood Avenue
—
4-3-67
Emerald Drive
Graphite Drive
—
9-11-17
Eugene Street
Joyner Street
—
11-6-75
Eugene Street
Lewis Street
—
11-6-75
Eugene Street
Wharton Street
—
11-6-75
Eva Drive
Brown Bark Lane
—
8-6-07
Eva Drive
Brownbark Lane
—
9-11-17
Eva Drive
Huffine Street
—
9-11-17
Falcon Road
Carmon Road
—
1-3-94
Farm View Drive
Ashley Ridge Drive
—
9-11-17
Farwood Drive
Piedmont Street
—
1-3-94
Farwood Drive
Timbergate Drive
94-03
1-3-94
First Street
Minneola Street
—
4-3-67
Forest Drive
Church Street
—
11-6-75
Forest Drive
Timbergate Drive
—
1-3-94
Gerringer Street
Broad Street
—
4-3-67
Gerringer Street
Wicker Street
—
11-6-75
Gibsonville Mobile Home
Park (3)
Huffines Street
94-03
1-3-94
Goodson Avenue
Gibsonville-Ossippee Road
94-03
1-3-94
Goodson Avenue
Ossippee Road
—
11-21-
83
Goodson Avenue
yrick Street
94-03
1-3-94
Graphite Drive
Gibsonville Ossipee Road
—
9-11-17
Hall Street
Wyrick Street
Hawthorn Ridge Drive
Walnut Crossing Drive
—
9-11-17
Hazelwood
Driftwood
0-88-02
8-3-87
Hazelwood
Travis
0-88-02
8-3-87
Heather Court
Maclean Drive
94-03
1-3-94
Heathwood Street
Hawthorn Ridge Drive
—
9-11-17
Heathwood Street
Walnut Crossing Drive
—
9-11-17
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Hillcrest Drive
Oakhurst Street
—
11-6-75
Homestead Street
Bethel Church Road
—
1-17-
72
Homestead Street
Whitsett Street
—
1-17-
72
Huffines Street
Alamance Drive
94-03
1-3-94
Huffines Street
Burlington Street
—
4-3-67
Hursey Court
Ambler Road
—
9-11-17
Hutchinson Drive
Croftwood Drive
—
9-11-17
Hutson Trailer Park (1 exit)
Highway 70
94-03
1-3-94
Ian Court
Tate Drive
—
9-11-17
Ingle Street
Elm Street
—
6-19-
72
Ingle View Court
Brycewood Drive
—
9-11-17
Jane Freeman Place
Henry Steel Drive
—
9-11-17
Joe Gibson Drive
Hwy. 61 North
—
9-11-17
Johnson Street
Forest Drive
94-03
1-3-94
Johnson Street
Timbergate Drive
94-03
1-3-94
Joyner Street
Apple Street
—
4-3-67
Joyner Street
Bethel Church Road
—
4-3-67
Joyner Street
Minneola Street
—
4-3-67
Joyner Street
Oakhurst Street
2-1-71
Joyner Street
Piedmont Street
—
4-3-67
Kelly Street
Second Street
—
8-17
81
Kinston Court
Brookfield Drive
94-03
1-3-94
Kutter Drive
Trimble Drive
—
9-11-17
Kutter Drive
Triumph Drive
—
9-11-17
Lashley Park Drive
Whitsett Avenue
—
11-6-75
Lee Drive
Forest Drive
94-03
1-3-94
Lee Drive
Timbergate Drive
94-03
1-3-94
Leigh Court
Alamance Street
94-03
1-3-94
Leigh Drive
Ellen Drive
94-03
1-3-94
Lewis Street
Joyner Street
—
4-3-67
Lewis Street
Piedmont Street
—
11-6-67
Limestone Court
Redstone Drive
—
9-11-17
Longleaf Drive
Pineview Road
94-03
1-3-94
Maclean Drive
Alamance Street
94-03
1-3-94
Main Street
Joyner Street
—
4-3-67
May Street
Minneola Street
—
4-3-67
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Meadow Street
Alamance Street
—
9-20-
71
Minneola Street
Springwood Avenue
—
4-3-67
Minneola Street
Whitsett Street
—
11-6-75
Murrell
Dogwood
0-88-02
8-3-87
New Haven Lane
Croftwood Drive
—
9-11-17
Northfield Parking lot 2/exits
Cook Road
94-03
1-3-94
Oak Knoll Drive
Walnut Crossing Drive
—
9-11-17
Oak Street
May Drive
—
4-3-67
Oak Street
Meadow Drive
—
4-3-67
Oak Street
Springwood Avenue
—
4-3-67
Oakhurst Street
Burlington Street
—
4-3-67
Onslowbay Court
Corncake Drive
—
9-11-17
Owen Street
Broad Street
—
4-3-67
Owen Street
Joyner Street
—
4-3-67
Pace Drive
NC 61
94-03
1-3-94
Park Drive
Oakhurst Street
—
4-3-67
Park Drive
Rosemont Street
—
4-3-67
Park Drive
Sullivan Court
94-03
1-3-94
Piedmont Avenue
Joyner Street
—
5-25-
72
Pine Street
Meadow Street
—
4-3-67
Pine Street
Springwood Avenue
—
4-3-67
Pineview Road
Carmon Road
94-03
1-3-94
Quartz Court
Graphite Drive
—
9-11-17
Redstone Court
Slate Drive
—
9-11-17
Redstone Drive
Gibsonville Ossipee Road
—
9-11-17
Redstone Drive
Slate Drive
—
9-11-17
Ridge Side Court
Carson Woods Drive
—
9-11-17
Riverton Court
Lashley Park Drive
—
- -
Rosemont Street
Burlington Street
—
4-3-67
Scott Street
Alamance Street
—
2-7-83
Second Street
Steele Street
—
4-3-67
Sharon Street
Burlington Street
—
4-3-67
Sharon Street
Joyner Street
—
4-3-67
Silver Maple Drive
Ashley Woods Drive
—
9-11-17
Silverbell Street
Hawthorn Ridge Drive
—
9-11-17
Silverbell Street
Walnut Crossing Drive
—
9-11-17
Slade Street
Pineview Road
94-03
1-3-94
Slade Street
Tenth Street
—
11-6-75
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Slade Street
Woodlawn Street
—
9-6-94
Slate Court
Slate Drive
—
9-11-17
Slate Drive
Graphite Drive
—
9-11-17
Smith Street
Minneola Street
—
11-6-75
Smith Street
Railroad Avenue
—
12-3-
07
Smith Street
Springwood Avenue
—
11-6-75
Spence Street
Alamance Street
94-03
1-3-94
Springwood Avenue
Alamance Street
—
9-11-17
St. Elizabeth Drive
Eva Drive
—
9-11-17
St. Nicholas Trail
Brownbark Lane
—
9-11-17
St. Nicholas Trail
St. Elizabeth Drive
—
9-11-17
Steele Street
Smith Street
—
10-20-
69
Steele Street
Springwood Avenue
—
10-20-
69
Steele Street
Whitsett Street
—
4-3-67
Still Water Circle
Slate Drive
—
9-11-17
Sullivan Court
Burlington Avenue
94-03
1-3-94
TA Parking Lot (3 exits)
NC 61
94-03
1-3-94
Tall Timber Drive
Brookview Drive
—
9-11-17
Tate Drive
Carson Farms East Drive
—
9-11-17
Tate Drive
Tyndall Drive
—
9-11-17
Tenth Street
Bethel Church Road
—
11-6-75
Tenth Street
Minneola Street
—
4-3-67
Timbergate Drive
Church Street
94-03
1-3-94
Topaz Ridge Court
Pebble Drive
—
9-11-17
Travis Lane
Cook Road
94-03
1-3-94
Travis
Driftwood
0-88-02
8-3-87
Triumph Drive
Gibsonville Ossipee Road
—
9-11-17
Tyndall Drive
Springwood Church Road
—
9-11-17
Valeria Drive
Carson Farms East Drive
—
9-11-17
Victoria Lane
Alamance Street
94-03
1-3-94
Victoria Lane
Maclean Drive
94-03
1-3-94
Victoria Place
Brookfield Drive
94-03
1-3-94
West View Drive
Brycewood Drive
—
9-11-17
Walnut Crossing Drive
Dew Sharpe Road
—
9-11-17
Walnut Crossing Drive
Hwy. 70
—
9-11-17
Westfield Court
Westfield Lane
94-03
1-3-94
Westfield Lane
Brownbark Lane
94-03
1-3-94
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Westfield Lane
Driftwood
0-88-02
8-3-87
Westfield Court
Westfield Lane
0-88-02
8-3-87
Westmill Lane
Alamance Street
—
9-11-17
Westmill Lane
Cypress Court
—
9-11-17
Wharton Street
Joyner Street
—
11-6-75
White Birch Court
Ashley Woods Drive
—
9-11-17
White Poplar Court
Ashley Woods Drive
—
9-11-17
White Poplar Drive
Ashley Woods Drive
—
9-11-17
White Poplar Drive
Brookview Drive
—
9-11-17
Whitesell Street
Apple Street
4-3-67
Wicker Street
Apple Street
—
11-6-75
Wicker Street
Piedmont Avenue
—
4-3-67
East Wicker Street Ext.
Lewis Street
—
- -
East Wicker Street Ext.
Piedmont Street
—
4-3-67
Willow Court
Minneola Street
94-03
1-3-94
Windrift
Driftwood
0-88-02
8-3-87
Windrift
Hazelwood
0-88-02
8-3-87
Windrift Court
Driftwood
0-88-02
8-3-87
Wood Street
Broad Street
—
4-3-67
Wood Street
Joyner Street
—
4-3-67
Wood Street
Wicker Street
—
4-3-67
Woodland Street
Minneola Street
—
8-17
81
Woodland Street
Slade Street
—
8-17
81
Woodlawn Street
Slade Street
94-03
1-3-94
Wyrick Street
Burlington Avenue
—
8-17
81
Wyrick Street
Broad Street
—
4-3-67
Wyrick Street
Goodson Avenue
—
11-21-
83
Wyrick Street
Broad Street
—
2-7-83
Wyrick Street
Goodson Avenue
94-03
1-3-94
Wyrick Street
Joyner Street
—
4-3-67
North Wyrick Street
Burlington Street
—
4-3-67
Yellowwood Court
Walnut Crossing Drive
—
9-11-17
Unnamed Street
Steele Street
—
8-17
81
('75 Code, App. II, § 209)
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(B) All vehicles shall stop before proceeding across the following railroad crossings.
Stop
Ord. No.
Date Passed
Joyner Street
—
10-27-80
Penalty, see § 70.99
Cross-reference:
Intersections where stop required, § 71.57
Railroad crossings where stop required, § 75.01
SCHEDULE III. ONE-WAY STREETS.
(A) The following streets or parts thereof are designated as one-way streets.
Street
Location
Direction
Ord.
Date
No.
Passed
Chase Street
From Burlington Avenue
North
—
6-29-72
to East Joyner Street
East Joyner Street
From Wharton Avenue to
Southwestern
—
2-21-72
Dick Street
East Main Street
From Piedmont Avenue
East
—
4-3-67
to Burke Street
Lewis Street
From Main Street to
North
—
4-3-67
Eugene Street
Railroad Avenue
From Tenth Street to
East
—
4-19-82
South Joyner Street
Railroad Avenue
At the ballfield
—
—
2-2-87
Tenth Street
From Minneola Street to
North
—
4-19-82
Railroad Avenue
('75 Code, App. II, § 210)
(B) Vehicular traffic shall move only in the indicated direction on the following streets or portions
thereof, when signs indicating the direction are erected and maintained at every intersection where
movement in the opposite direction is prohibited and only during the hours 7:30 a.m. to 7:00 p.m.
when school is in session.
Street
Location
Ord. No.
Date Passed
Joyner Street
Between Wharton and Church Streets
—
5-4-81
(Am. Ord. passed 12-2-02) Penalty, see § 70.99
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Cross-reference:
One-way streets and alleys, see § 71.14
SCHEDULE IV. SPEED LIMITS.
(A) No vehicle shall travel at a speed of more than ten miles per hour on the following streets.
Street
Location
Ord. No.
Date
Passed
Matkins Street
From Whitsett Avenue to S. Joyner Street
—
4-3-67
Burke Street
From Apple Street to Wyrick Street
—
12-20-73
('75 Code, App. II, § 236)
(B) No vehicle shall travel at a speed of more than 15 miles per hour on the following streets.
Street
Location
Ord. No.
Date
Passed
Railroad Avenue
From Smith Street west to end of street
—
4-3-67
paving
('75 Code, App. II, § 237)
(C) No vehicle shall travel at a speed of more than 20 miles per hour on the following streets.
Street
Location
Ord. No
Date
Passed
Circle Drive
Lying west of Springwood Avenue
—
4-3-67
Lewis Street
From Main Street to Joyner Street
0-77-15
8-22-77
From Wharton Street (SR 2746) to
Main Street (NC 100)
Piedmont Avenue (NC 100), thence along
—
4-3-67
Piedmont Avenue to Burlington Street
(NC 100)
Park Drive
From Rosemont Street to Oakhurst Street
—
6-22-70
Railroad Avenue
From South Joyner Street to Tenth Street
—
4-3-67
Rosemont Street
From Burlington Street to town limits
—
4-3-67
Tenth Street
From Railroad Avenue to Minneola Street
—
4-3-67
('75 Code, App. II, §§ 215 and 222)
(D) No vehicle shall travel at a speed of more than 25 miles per hour on the following streets.
Street I Location I Ord. No. I Date
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Passed
Acacia Court
Along its entire length
—
1-3-94
All Streets
All Subdivisions
—
10-2-06
Ambler Road
Along its entire length
—
1-3-94
Boonewood Drive
Along its entire length
—
1-3-94
Brittney Drive
Along its entire length
—
1-3-94
Broad Street
Along its entire length
—
1-3-94
Brookfield Drive
Along its entire length
—
1-3-94
Brookview Court
Along its entire length
—
1-3-94
Brookview Drive
Along its entire length
—
1-3-94
Brownbark Court
Along its entire length
—
1-3-94
Brownbark Lane
Along its entire length
—
1-3-94
Candlewood Drive
Along its entire length
—
1-3-94
Cook Road
From Burlington Avenue northward past
Northfield Apartments to the end of the
road
—
1-3-94
Cotton Court
Along its entire length
1-3-94
Croftwood Drive
Along its entire length
—
9-5-06
Dick Street
Dick Street from East Joyner to end of
street
—
4-3-67
Dogwood Drive
Along its entire length
—
1-3-94
Driftwood Court
Along its entire length
—
1-3-94
Driftwood Drive
Along its entire length
—
1-3-94
Eaglenest Drive
Along its entire length
1-3-94
Ellen Drive
Along its entire length
—
11-6-75
Forest Drive
Along its entire length
—
1-3-94
Freemont Court
Along its entire length
—
- -
Goodson Avenue
Along its entire length
—
1-3-94
Hazelwood Drive
Along its entire length
—
1-3-94
Heather Court
Along its entire length
—
1-3-94
Homestead Street
Along its entire length
—
5-16-83
Hutchinson Road
Along its entire length
9-5-06
Kinston Court
Along its entire length
—
1-3-94
Johnson Street
Along its entire length
—
1-3-94
East Joyner Street
From Apple Street to Dick Street
—
4-3-67
East Joyner Street
From Apple Street to Oakhurst Street
—
6-5-67
Lashley Park Drive
Along its entire length
—
11-6-75
Lee Street
Along its entire length
—
1-3-94
Leigh Court
Along its entire length
—
1-3-94
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Leigh Court
Along its entire length
—
1-3-94
Longleaf Drive
Along its entire length
—
1-3-94
Maclean Drive
Along its entire length
—
1-3-94
Murrell Drive
Along its entire length
—
1-3-94
New Haven Lane
Along its entire length
—
9-5-06
Park Drive
Along its entire length
—
1-3-94
Pineview Road
Along its entire length
1-3-94
Riverton Court
Along its entire length
—
11-6-75
Scott Drive
Along its entire length
—
1-3-94
Slade Street
Along its entire length
—
1-3-94
Spence Street
Along its entire length
—
1-3-94
Sullivan Court
Along its entire length
—
1-3-94
Tenth Street
Along its entire length
—
1-3-94
Timbergate Drive
Along its entire length
—
1-3-94
Travis Lane
Along its entire length
1-3-94
Victoria Lane
Along its entire length
—
1-3-94
Victoria Place
Along its entire length
—
1-3-94
Walnut Crossing Drive
Along its entire length
—
3-6-06
Westfield Court
Along its entire length
—
1-3-94
Westfield Lane
Along its entire length
—
1-3-94
Willow Court
Along its entire length
—
1-3-94
Windrift Court
Along its entire length
—
1-3-94
Windrift Drive
Along its entire length
—
1-3-94
Woodland Street
Along its entire length
—
1-3-94
Wyrick Avenue
Along its entire length
—
1-3-94
('75 Code, App. II, § 223)
(E) No vehicle shall travel at a speed of more than 40 miles per hour on the following streets.
Street Location Ord. No. Date
Passed
SR 2748 Along its entire length — 4-4-11
(F) No vehicle shall travel at a speed of more than 45 miles per hour on the following streets.
Date
Street
Location
Ord. No.
Passed
US 70
From a point 0.15 mile west of SR 2748
—
9-11-17
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(Springwood Church Road) eastward to
SR 2748 in Gibsonville and US 70
between a point 0.15 miles west of SR
2748 (Springwood Church Road) and SR
2748
Penalty, see § 70.99
SCHEDULE V. TRUCKS RESTRICTED.
(A) The following streets shall be closed to trucks of one ton or more capacity.
Street
Location
Ord. No.
Date
Passed
Alamance Street
Between Springwood Avenue and
—
4-3-67
Meadow
Apple Street
Between Burlington Street and Burke
—
4-3-67
Street
Burke Street
Between Springwood Avenue and Apple
—
4-3-67
Street
Burlington Street
Between Lewis Street and Piedmont
—
4-3-67
Avenue
Driftwood Drive
Between Alamance Street and Cook
1-3-94
Road
Eugene Street
Between Joyner Street and Lewis Street
—
4-3-67
Hall Street
Between Wyrick Street and end
—
1-3-94
Ingle Street
Between Circle Drive and end
0-85-03
3-4-85
Joyner Street
Between Bethel Street and Apple Street
—
4-3-67
Between Apple Street and Oakhurst
East Joyner Street
Street
—
4-3-67
East Joyner Street
Between West Main Street and Sharon
Street
—
4-3-67
Main Street
Between Whitsett Street and Joyner
—
4-3-67
Street
Minneola Street
Between Whitsett Street and Springwood
—
4-3-67
Oakhurst Street
Between Burlington Street and East
—
4-3-67
Joyner Street
Park Drive
Between Rosemont Street and Oakhurst
—
4-3-67
Street
Sharon Street
Between Burlington Street and Burke
—
4-3-67
Street
Travis Lane
Between Driftwood Drive and Cook Road
—
1-3-94
Wharton Street
From the Dixie Belle Drive to Joyner
—
1-3-94
Street
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Wood Street
Between Joyner Street and Whitesell
—
1-3-94
Street
North Wyrick Street
Between Burlington Street and Burke
—
4-3-67
Street
('75 Code, App. II, § 229)
(B) Trucks weighing more than five tons shall be prohibited on the following streets or portions
thereof.
Street
Ord. No.
Date Passed
Apple Street, Ossippee to end
0-86-06
6-3-86
Azalae Circle
0-86-06
6-3-86
Boonwood Drive
0-86-06
6-3-86
Broad Street
0-86-06
6-3-86
Carol Leigh Drive
0-86-06
6-3-86
Cedar Street
0-86-06
6-3-86
Circle Drive
0-86-06
6-3-86
Circle Drive Extension
0-86-06
6-3-86
Cobb Street
0-86-06
6-3-86
Cumming Street
0-86-06
6-3-86
Dick Street
0-86-06
6-3-86
Driftwood Drive
0-86-06
6-3-86
Ellen Drive
0-86-06
6-3-86
Elm Street
0-86-06
6-3-86
First Drive
0-86-06
6-3-86
Forest Drive
0-86-06
6-3-86
Goodson Avenue
0-86-06
6-3-86
Homestead Street
0-86-06
6-3-86
Joyner Street
0-86-06
6-3-86
Lashley Park Drive
0-86-06
6-3-86
Leigh Court
0-86-06
6-3-86
Leigh Drive
0-86-06
6-3-86
Lewis Street, Burlington to Piedmont
0-86-06
6-3-86
Little Avenue
0-86-06
6-3-86
W. Main Street, Whitsell to end
0-86-06
6-3-86
Meadow Street
0-86-06
6-3-86
Minneola, Smith to Springwood
0-86-06
6-3-86
Oak Street
0-86-06
6-3-86
Oakhurst Street
0-86-06
6-3-86
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Pine Street
0-86-06
6-3-86
Railroad Avenue
0-86-06
6-3-86
Rosemont Street
0-86-06
6-3-86
Scott Drive
0-86-06
6-3-86
Second Street
0-86-06
6-3-86
Steele Street, Smith to Springwood
0-86-06
6-3-86
Tenth Street
0-86-06
6-3-86
Travis Street
0-86-06
6-3-86
Wharton Street, Church to Joyner
0-86-06
6-3-86
Whitesell Street, Wood to Apple
0-86-06
6-3-86
Wicker Street
0-86-06
6-3-86
Woodland Street
0-86-06
6-3-86
Wyrick Street
0-86-06
6-3-86
('75 Code, App. II, § 230) Penalty, see § 70.99
All vehicles shall yield right-of-way before entering the following intersections.
Yield Street
Through Street
Ord. No.
Date Passed
Alamance Street
Meadow Street
—
4-3-67
North Apple Street
Ossippee Street
—
Burke Street
Piedmont Street
—
4-3-67
Burke Street
Smith Street
—
4-3-67
Cedar Street (westbound)
Pine Street
—
11-6-75
Circle Drive
Ingle Street
—
4-3-67
Cummings Street
Cedar Street
—
11-6-75
Cummings Street (southbound)
Pine Street
—
11-6-75
First Street
Cedar Street
—
11-6-75
Gerringer Street
Wicker Street
—
11-6-75
Hill Street
Matkins Street
—
4-3-67
Hillcrest Street
Oakhurst Street
—
11-6-75
Joyner Street
Oakhurst Street
—
11-6-75
Lewis Street
Piedmont Street
—
4-3-67
Main Street
Whitsett Street
—
4-3-67
May Street
Cedar Street
—
11-6-75
Oak Street
Cummings Street
—
4-3-67
Park Drive
Oakhurst Street
—
11-6-75
Pine Street
Meadow Street
—
11-6-75
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Railroad Avenue
Smith Street
— 4-3-67
Sharon Street
Burke Street
— 4-3-67
Whitsell Street (eastbound)
Apple Street
— 11-6-75
('75 Code, App. II, § 235) (Ord. passed 4-3-67; Am. Ord. passed 11-20-67; Am. Ord. passed 8-7-73;
Am. Ord. passed 1-6-75; Am. Ord. passed 11-21-83) Penalty, see § 70.99
CHAPTER 77: PARKING SCHEDULES
Section
I. Parking prohibited
II. Parking prohibited at certain times
III. Parking time limited
IV. Diagonal parking
V. Public carrier stops and stands
VI. Loading zones
VII. Handicapped parking spaces
SCHEDULE I. PARKING PROHIBITED.
Parking shall be prohibited at all times on the following streets.
Date
Street
Location
Side
Ord. No.
Passed
Fronts of theaters
Any side
—
-
Any portions of streets in
Any side
- -
business districts
Within 15 feet of any street
Any side
—
- -
corner
Southeasterly from property
line between Mrs. J. V.
Alamance Street
Laughlin and Mrs. R.D.
North
—
9-20-71
Shoffner to the end of curb and
gutter
Apple Street
Between Burlington and Burke
East side
—
- -
Street
Broad Street
From Piedmont Street to the
North and south
—
1-3-94
city limits
sides
From Springwood Avenue to
Burke Street
the west end of Burke Street
Both sides
—
- -
behind Town Hall
1 II II II 1 1
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Burlington
Between Piedmont Street and
Both sides
—
4-3-67
Avenue
Lewis Street
From a point 303 feet from the
Burlington
intersection of Burlington and
North side
—
1-20-75
Avenue
Piedmont Streets to a point 357
feet east of the intersection
Chase Street
Entire length
West side
—
- -
Church Street
From Eugene Street to East
South side
—
- -
Joyner Street
Church Street
From East Joyner Street to
North side
- -
Cobb Street intersection
Cook Road
North of NC 100
Both sides
0-87-05
10-6-86
Elm Street
From the city limits westward
Both sides
—
1-3-94
1150
Eugene Street
From Lewis Street to Wharton
Both sides
—
- -
Avenue
Eugene Street
From alley back of the Perry
South side
—
- -
Lowe Building to Lewis Street
From alley back of Perry Lowe
Eugene Street
Building westwardly for a
South side
—
- -
distance of 80 feet, as marked
Falcon Road
From Minneola Street to the
East and west
—
1-3-94
end of the city limits
sides
Hall Street
Length of street
South side
—
10-7-85
Hall Street
Next to driveways
North side
—
10-7-85
Ingle Street
Circle Drive to the south
West side
79-02
9-10-79
nodm
Joyner Street
From 320 feet east of Piedmont
Both sides
—
12-21-81
Street to Apple Street
Joyner Street
Between Lewis and Piedmont
North side
—
- -
Street
Joyner Street
From Wharton Street to Church
South side
1-3-94
Street
East Joyner
From Church Street to Wharton
South side
—
- -
Street
Avenue
East Joyner
From Dick Street to Church
West side
—
3-6-06
Street
Street
East Joyner
From Sharon Street to Chase
South side
—
--
Street
Street
From end of curb and gutter at
East Joyner
property line between David
North side
—
- -
Street
Pegram and Arthur Ferguson
to Wood Street
East Joyner
From a point 60 feet west of
Street
the centerline of Apple Street to
South side
—
-
the centerline
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East Joyner
From same point as designated
South side
—
—
Street
on north side to Sharon Street
South Joyner
From the intersection of West
West side
—
1-3-94
Street
Main to the railroad track
In front of Cheek's Barber
Shop, beginning at end of curb
Lewis Street
and gutter and extending
East side
—
- -
southward for a distance of
approximately 42 feet, which is
designated by street markings
From Eugene Street to Joyner
Lewis Street
Street
East side
—
- -
Between Eugene Street and
Lewis Street
Burlington Street including the
West side
—
- -
full width of the Burlington
Street
Lewis Street
From Eugene Street south a
West side
—
- -
distance of 56 feet, as marked
Beginning at south side of
Lewis Street
driveway entrance at Cheek's
East side
—
- -
Barber Shop of a distance of
31 feet, as marked
From the cross -walk in front of
Main Street
Town Hall to a point 55 feet
South side
—
- -
west of the sidewalk
Main Street
From Wharton Street to a point
North side
—
- -
165 feet from the street
Main Street
From Wharton Street to a point
South side
—
- -
200 feet from the street
East Main Street
Between Kingdom Hall Church
East and West
—
- -
and Burke Street
side
West Main
From Joyner Street to the dead
North and South
—
1-3-94
Street
end
side
West Main
From east side of driveway into
Street
Tickle's Furniture Store east a
South side
—
- -
distance of 30 feet, as marked
Matkins Street
From Whitsett Avenue to South
Both sides
—
1-20-75
Joyner Street
May Street
Between Minneola and Cedar
East and west
—
1-3-94
Street
side
Meadow Street
From the intersection of
Both sides
—
1-3-94
Alamance Street south 25 feet
Meadow Street
400 Block
West side
—
- -
Minneola Street
From Smith Street to a point 78
South side
-
feet west of the intersection
Minneola Street
From Smith Street to Whitsett
North side
—
- -
Avenue
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East Minneola
Between Smith Street and May
Both sides
—
- -
Street
Street
Oakhurst Street
From Burlington Avenue to
East and west
—
1-3-94
Joyner Street
sides
Piedmont Avenue
Between Burlington Street and
East and West
—
East Main Street
side
Piedmont Avenue
Between Burlington Street and
East side
—
- -
East Joyner Street
Piedmont Avenue
From Main Street to Burke
Both sides
—
- -
Street
Railroad Avenue
From Smith Street to
South side
—
11-4-74
Springwood Avenue
Railroad Avenue
At the ballfield
Left side
—
2-2-87
Rosemont Street
On the narrow stretch north of
Both sides
—
11-7-88
Park Drive
Second Street
Length of street
West side
10-7-85
Second Street
From Cedar Street to Steele
East and West
—
1-3-94
Street
side
Sharon Street
From driveway of N.N. Brown
East side
—
-
to East Joyner Street
From the intersection of Tenth
Slade Street
Street westward to the dead
North side
—
1-3-94
end of the street
Smith Street
Between Railroad Avenue and
West side
—
- -
Minneola Street
Steele Street
Between Smith Street and
1-4-99
Springwood Avenue
Tenth Street
Between Minneola Street and
West side
79-09
10-16-78
Slade Street
From Railroad Avenue south
Tenth Street
for a distance of the town's
West side
- -
parking lot for Cone Community
Park
Wharton Avenue
Between Main Street and
East side
—
- -
Eugene Street
Wharton Avenue
Between Eugene and Main
West side
- -
street
Wharton Avenue
From Church Street to East
East side
—
- -
Joyner Street
From Eugene Street to first
Wharton Avenue
power pole beyond the
East side
- -
driveway into Liberty Hosiery
Mills lot
Wharton Avenue
27 o„ Joyner Street southward
Both sides
—
1-3-94
Whitsett Avenue
From Southern Railroad
East side
F
4-3-67
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underpass to corporate limits
Wood Street
From Broad Street to Whitsell
East and west
—
1-3-94
Street
sides
From the intersection of
East and west
Woodlawn Street
Minneola Street to the
sides
—
1-3-94
intersection of Slade Street
('75 Code, App. 11, § 201) Penalty, see § 72.99
SCHEDULE 11. PARKING PROHIBITED AT CERTAIN TIMES.
Parking shall be prohibited upon the following streets or portions of streets thereof during the hours
designated below:
Street
Location
Side
Restricted
Ord. No.
Date
Hours
Passed
Adjacent to the
1.00 a.m.
Burke Street
western grass plot
Any
through 7:30
—
- -
a.m.
From a point 330 feet
west of the centerline
7:30 a.m.
Church Street
of Joyner Street to a
South
through 4:00
—
11-19-73
point 468 feet west of
p.m.
the centerline.
From Lewis Street to
1:00 a.m.
Eugene Street
Wharton Street
Both
through 6:00
—
- -
a.m.
7:00 a.m.
through 4:00
East Joyner
Between Dick Street
North
p.m.
—
4-3-67
Street
and Church Street
(Schooldays
only)
East Joyner
From Church Street to
8:00 a.m.
Street
Wharton Avenue
North
through 3:00
—
4-3-67
p.m.
Adjacent to the
1:00 a.m.
Lewis Street
western grass plot
Any
through 7:30
—
--
a.m.
From Burke Street to
1:00 a.m.
Main Street
Joyner Street
Both
through 6:00
—
- -
a.m.
From Lewis Street to
1:00 a.m.
Main Street
the eastern end of
Both
through 7:30
—
--
Main Street
a.m.
Main Street
Adjacent to the
Any
1:00 a.m.
—
4-3-67
western grass plot
through 7:30
a.m.
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Adjacent to the
1:00 a.m.
Main Street
eastern grass plot
North
through 7:30
—
4-3-67
a.m.
From Burke Street to
1:00 a.m.
Piedmont Street
Burlington Street
Both
through 6:00
—
- -
a.m.
Adjacent to the
1:00 a.m.
Piedmont Street
western grass plot
Any
through 7:30
—
- -
a.m.
('75 Code, § 7.189; App. 11, §§ 202, 231, and 238) Penalty, see § 72.99
SCHEDULE III. PARKING TIME LIMITED.
When respective signs are placed in certain streets, no person shall park a vehicle longer than the
times indicated upon any of the following streets; a change of position of vehicle from one point
directly to another point, within the same block, shall be deemed one continuous period.
Street
Location
Side
Time Limit
Ord. No.
Date
Passed
In front of the caboose
Burke Street
and 20' eastward and
Both
30 minutes
—
1-3-94
westward from the
caboose
Beginning at ten feet
north of fire hydrant
Two hours
which is located near
(between 8:00
the side entrance of
a.m. and 6:00
Chase Street
Lindley Hosiery
East
p.m. any day
—
- -
Finishers Plant and
except Sunday
extending northward to
and public
first driveway. This
holidays)
area is designated by
street marking.
From driveway into
Two hours
Lindley Hosiery
(between 8:00
Finishing Plant to
a.m. and 6:00
Chase Street
driveway into the
East
p.m. any day
—
- -
former J.D. Patton
except Sunday
property as marked on
and public
street.
holidays)
Two hours
Between Wharton
(between 8:00
Avenue and the alley,
a.m. and 6:00
Eugene Street
except the areas
South
p.m. any day
—
8-17-81
marked otherwise.
except Sunday
and public
holidays)
Lewis Street
Three parking spaces
—
15 minutes
—
- -
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as posted between
signs in front of 211
Lewis Street
Two hours
(between 8:00
From Minneola Street
a.m. and 6:00
Smith Street
to Railroad Avenue.
East
p.m. any day
—
- -
except Sunday
and public
holidays)
Two parking spaces
West Main
between Wharton
North
15 minutes
—
4-6-09
Street
Street and Lewis
Street.
('75 Code, App. II, §§ 203 and 205) Penalty, see § 72.99
SCHEDULE IV. DIAGONAL PARKING.
All vehicles shall be parked at an angle of approximately 45' with the curb on the following streets or
portions thereof.
Street
Location
Side
Ord. No.
Date Passed
Main Street
East of Piedmont Avenue
North side
—
- -
Main Street
From Piedmont Street to
South side
—
- -
Lewis Street
('75 Code, App. II, § 207) Penalty, see § 72.99
Cross-reference:
Angle parking, see § 72.02
SCHEDULE V. PUBLIC CARRIER STOPS AND STANDS.
The following streets or portion of streets shall be reserved as stands for the specific purpose and at
the exact location described in the following.
Street
Location
Side
Purpose
Ord. No.
Date Passed
In front of Gibsonville Dry
East Main
Cleaning Establishment at
North
One
Street
203 East Main Street, as
side
Taxicab
indicated by street marking
Immediately west of
Main Street
driveway into Texaco Street
South
One
—
- -
as indicated by street
side
Taxicab
marking
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('75 Code, App. II, § 206) Penalty, see § 72.99
SCHEDULE VI. LOADING ZONES.
(A) Commercial loading zones. The following streets, or parts thereof, are hereby designated as
commercial loading and unloading zones.
Street
Location
Side
Ord. No.
Date
Passed
Starting at a point 79 feet west of
the intersection of Burlington
Burlington Avenue
Avenue and Piedmont Avenue to
South
—
- -
a point 113 feet west of the
intersection.
In front of a portion of parking lot
of Liberty Hosiery Mills and a
Eugene Street
portion of front of store building,
North
—
- -
owned by L.L. Patterson, as
indicated by street marking and
signs.
From the Church Street
intersection to Wharton Street
Joyner Street
intersection with the exception of
North
—
1-3-94
two handicapped parking places
in the same area
Lewis Street
Two parking spaces
Southwest
—
- -
Approximately in front of store
Lewis Street
building owned by Paul and
West
—
- -
Hilda Ridge, as indicated by
street marking and sign.
Starting at a point 81 feet from
the intersection of Lewis Street
Lewis Street
and Main Street on the building
—
—
- -
line to a point 101 feet from the
intersection.
Main Street and
The parking lot located between
Piedmont Street
36 and 48 feet from the corner.
In front of Gibsonville Food
East Main Street
Center for one motor vehicle, as
North
—
- -
marked and designated by
proper sign.
('75 Code, App. II, § 234) Penalty, see § 72.99
(B) Passenger loading zones. The following streets, or parts thereof, are hereby designated as
passenger loading and unloading zones.
Street I Location I Side I Ord. No. I Date
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Passed
From the Church Street
intersection to the Wharton Street
Joyner Street
intersection with the exception of
North
—
1-3-94
two handicapped parking places
in the same area
('75 Code, App. II, § 233) Penalty, see § 72.99
Cross-reference:
Passenger and commercial loading zones, see §§ 72.36 and 72.37
SCHEDULE VII. HANDICAPPED PARKING SPACES.
The following spaces are designated as handicapped parking spaces as described in § 72.15.
Street
Location
Side
Ord. No.
Date
Passed
Joyner Street
The first two spaces from the
North
—
1-3-94
Church Street intersection
(Ord. passed 1-3-94)
TITLE IX: GENERAL REGULATIONS
Chapter
90. ABANDONED VEHICLES
91. ANIMALS
92. CEMETERIES
93. FIRE PREVENTION
94. HEALTH AND SANITATION
95. NUISANCES
96. PARKS AND RECREATION AREAS
Section
CHAPTER 90: ABANDONED VEHICLES
90.01 Definitions
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90.02 Unlawful vehicles; removal authorized
90.03 Junked motor vehicles regulated; removal authorized
90.04 Removal of vehicles; pre -towing notice requirements
90.05 Exceptions to prior notice requirement
90.06 Post -towing notice requirements
90.07 Right to probable cause hearing before sale or final disposition of vehicle
90.08 Redemption of vehicle during proceedings
90.09 Sale and disposition of unclaimed vehicle
90.10 Conditions of removal of vehicles from private property
90.11 Protection against criminal or civil liability
90.12 Exceptions
90.13 Unlawful removal of impounded vehicle
90.14 Administration
§ 90.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
ABANDONED VEHICLE. As authorized and defined in G.S. § 160A-303, an ABANDONED
VEHICLE is one that:
(1) Is left upon a public street or highway in violation of a law or ordinance prohibiting parking; or
(2) Is left on a public street or highway for longer than seven days; or
(3) Is left on property owned or operated by the town for longer than 24 hours; or
(4) Is left on private property without the consent of the owner, occupant or lessee thereof, for
longer than two hours.
AUTHORIZING OFFICIAL. The supervisory employee of the Police Department or the Town
Manager, appointed Code Enforcement Official, respectively, designated to authorize the removal of
vehicles under the provisions of this chapter.
JUNKED MOTOR VEHICLE. As authorized and defined in G.S. § 160-303.2 the term, means a
vehicle that does not display a current license plate lawfully upon that vehicle and that:
or
(1) Is partially dismantled or wrecked; or
(2) Cannot be self propelled or moved in the manner in which it originally was intended to move;
(3) Is more than five years old and appears to be worth less than $100.
MOTOR VEHICLE or VEHICLE. All machines designed or intended to travel over land by self -
propulsion or while attached to any self-propelled vehicle.
NUISANCE VEHICLE. A vehicle on public or private property that determined and declared to be a
health or safety hazard, a public nuisance, and unlawful, including a vehicle found to be:
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(1) A breeding ground or harbor for mosquitoes, other insects, rats or other pests; or
(2) A point of heavy growth of weeds or other noxious vegetation over eight inches in height; or
(3) A point of collection of pools or ponds or water; or
(4) A point of concentration of quantities of gasoline, oil or other flammable or explosive materials
as evidenced by odor; or
(5) One which has areas of confinement which cannot be operated from the inside, such as
trunks, hoods, and the like; or
(6) So situated or located that there is a danger of it falling or turning over; or
(7) One which is a point of collection of garbage, food waste, animal waste, or any other rotten or
putrescible matter of any kind; or
(8) One which has sharp parts thereof which are jagged or contain sharp edges of metal or glass;
or
(9) Any other vehicle specifically declared a health and safety hazard and a public nuisance by
the Board of Aldermen.
(Ord. passed 1-8-90; Am. Ord. passed 4-7-97)
§ 90.02 UNLAWFUL VEHICLES; REMOVAL AUTHORIZED.
(A) Abandoned vehicle.
(1) It shall be unlawful for the registered owner or person entitled to possession of a vehicle to
cause or allow such vehicle to be abandoned as the term is defined herein.
(2) Upon investigation, proper authorizing officials of the town may determine that a vehicle is
abandoned vehicle and order the vehicle removed.
(B) Nuisance vehicle.
(1) It shall be unlawful for the registered owner or person entitled to possession of a motor
vehicle, or for the owner, lessee, or occupant of the real property upon which the vehicle is located to
leave or allow the vehicle to remain on the property after is has been declared a nuisance vehicle.
(2) Upon investigation, the Authorizing Official may determine and declare that a vehicle is a
health or safety hazard and a nuisance vehicle as defined above, and order the vehicle removed.
(Ord. passed 1-8-90; Am. Ord. passed 4-7-97) Penalty, see § 10.99
§ 90.03 JUNKED MOTOR VEHICLES REGULATED; REMOVAL AUTHORIZED.
(A) It shall be unlawful for the registered owner or person entitled to the possession of a junked
motor vehicle, or for the owner, lessee, or occupant of the real property upon which a junked motor
vehicle is located to leave or allow the vehicle to remain on the property after the vehicle has been
ordered removed.
(B) It shall be unlawful to have more than one junked motor vehicle, as defined here, on the
premises of public or private property. Single, permitted junked motor vehicle must strictly comply
with the location and concealment requirements of this section.
(C) It shall be unlawful for any owner, person entitled to the possession of a junked motor vehicle,
or for the owner, lessee, or occupant of the real property upon which a junked motor vehicle is located
to fail to comply with the locational requirements or the concealment requirements of this section.
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(D) Subject to the provisions of division (E), upon investigation, the Authorizing Official may order
the removal of a junked motor vehicle as defined in this chapter after finding in writing that the
aesthetic benefits of removing the vehicle outweigh the burdens imposed on the private property
owner. Such finding shall be based on a balancing of the monetary loss of the apparent owner
against the corresponding gain to the public by promoting or enhancing community, neighborhood or
area appearance. The following among other relevant factors may be considered-
(1) Protection of property values;
(2) Promotion of tourism and other economic development opportunities;
(3) Indirect protection of public health and safety;
(4) Preservation of the character and integrity of the community; and
(5) Promotion of the comfort, happiness and emotional stability of area residents.
(E) Permitted concealment or enclosure of Junked motor vehicles.
(1) One junked motor vehicle, in its entirety, can be located in the rear yard as defined by the
town's zoning ordinance if the junked motor vehicle is entirely concealed from public view from a
public street and from abutting premises by an acceptable covering.
(2) The Authorizing Official has the authority to determine whether any junked motor vehicle is
adequately concealed as required by this provision. The covering must remain in good repair and
must not be allowed to deteriorate. The covering or enclosure must be compatible with the objectives
of this chapter.
(3) Any other junked motor vehicle(s) must be kept in a garage or building structure that provides
a complete enclosure so that the junked motor vehicles cannot be seen from a public street or
abutting property. A garage or building structure means either a lawful, nonconforming use or a
garage or building structure erected pursuant to the lawful issuance of a building permit and which has
been constructed in accordance with all zoning and building code regulations.
(Ord. passed 1-8-90; Am. Ord. passed 4-7-97) Penalty, see § 10.99
§ 90.04 REMOVAL OF VEHICLES; PRE -TOWING NOTICE REQUIREMENTS.
Except as set forth in § 90.05 of this chapter, an abandoned, nuisance, or junked vehicle which is to
be removed shall be towed only after notice to the registered owner, or person entitled to possession
of the vehicle, or the owner, lessee, or occupant of the real property upon which the vehicle is located,
by affixing on the windshield or some other conspicuous place on the vehicle a notice indicating that
the vehicle will be removed by the town on a specified date (no sooner than seven days after the
notice is affixed), unless the vehicle is moved by the owner or legal possessor prior to that time. The
registered owner or person entitled to possession may appeal the determination that the vehicle is
abandoned, or is a nuisance, or that the aesthetic benefits of removing a junked motor vehicle
outweigh the burdens, to the Town Manager in writing prior to the removal date. Further proceedings
shall be stayed until the appeal is heard and decided.
(Ord. passed 11-2-98)
§ 90.05 EXCEPTIONS TO PRIOR NOTICE REQUIREMENT.
(A) The requirement that notice be given prior the removal of an abandoned, nuisance, or junked
motor vehicle may, as determined by the authorizing official, be omitted in those circumstances where
there is a special need for prompt action to eliminate traffic obstructions or to otherwise maintain and
protect the public safety and welfare.
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(B) Such findings shall, in all cases, be entered by the authorizing official in the appropriate daily
records. Circumstances justifying the removal of vehicles without prior notice includes:
(1) Vehicles abandoned on the streets. For vehicles left on the public streets and highways, the
Board of Aldermen hereby determines that immediate removal of such vehicles may be warranted
when they are:
(a) Obstructing traffic;
(b) Parked in violation of an ordinance prohibiting or restricting parking;
(c) Parked in a no -stopping or standing zone;
(d) Parked in loading zones;
(e) Parked in bus zones; or
(f) Parked in violation of temporary parking restrictions imposed under code sections.
(2) Other abandoned or nuisance vehicles. With respect to abandoned or nuisance vehicles left
on city -owned property other than the streets and highways, and on private property, such vehicles
may
be removed without giving prior notice only in those circumstances where the authorizing official finds
a special need for prompt action to protect and maintain the public health, safety, and welfare. By way
of illustration and not of limitation, such circumstances include vehicles blocking or obstructing ingress
or egress of businesses and residences, vehicles parked in such a location or manner as to pose a
traffic hazard, and vehicles causing damage to public or private property.
(Ord. passed 1-8-90)
§ 90.06 POST -TOWING NOTICE REQUIREMENTS.
(A) Any abandoned, nuisance or junked motor vehicle which has been ordered removed may, as
directed by the town, be removed to a storage garage or area by the tow truck operator or towing
business contracting to perform such services for the town. Whenever such a vehicle is removed, the
authorizing town official shall immediately notify the last known registered owner of the vehicle, such
notice to include the following:
(1) The description of the removed vehicle;
(2) The location where the vehicle is stored;
(3) The violation with which the owner is charged, if any;
(4) The procedure the owner must follow to redeem the vehicle; and
(5) The procedure the owner must follow to request a probable cause hearing on the removal.
(B) Written notice, including the information as set forth in divisions (1) through (5) of division (A),
shall be mailed to the registered owner's last known address, unless this notice is waived in writing by
the vehicle owner or his agent.
(C) If the vehicle is registered in the state, notice shall be given within 24 hours. If the vehicle is
not registered in the state, notice shall be given to the registered owner within 72 hours from the
removal of the vehicle.
(D) Whenever an abandoned, nuisance, or junked motor vehicle is removed, and such vehicle has
no valid registration or registration plates, the authorizing city official shall make reasonable efforts,
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including checking the vehicle identification number, to determine the last known registered owner of
the vehicle and to notify him of the information set forth in divisions (A)(1) through (5).
(Ord. passed 1-8-90; Am. Ord. passed 11-2-98)
§ 90.07 RIGHT TO PROBABLE CAUSE HEARING BEFORE SALE OR FINAL DISPOSITION OF
VEHICLE.
After the removal of an abandoned vehicle, nuisance vehicle, or junked motor vehicle, the owner or
any other person entitled to possession is entitled to a hearing for the purpose of determining if
probable cause existed for removing the vehicle. A request for hearing must be filed in writing, within
ten days of receipt of the post -towing notice delivered in person or by certified mail or from date of
failed attempt to serve the notice in person or by certified mail with the County Magistrate designated
by the Chief District Judge to receive such hearing requests. The Magistrate will set the hearing within
72 hours of receipt the request, and the hearing will be conducted in accordance with the provisions of
G.S. § 20-219.11, as amended.
(Ord. passed 1-8-90; Am. Ord. 95-1, passed 1-9-95)
§ 90.08 REDEMPTION OF VEHICLE DURING PROCEEDINGS.
At any stage in proceedings, including before the probable cause hearing, the owner may obtain
possession of the removed vehicle by paying the towing fee, including any storage charges, or by
posting a bond for double the amount of such fees and charges to the tow truck operator or towing
business having custody of the removed vehicle. Upon regaining possession of a vehicle, the owner
or person entitled to the possession of the vehicle shall not allow or engage in further violations of this
chapter.
(Ord. passed 1-8-90)
§ 90.09 SALE AND DISPOSITION OF UNCLAIMED VEHICLE.
Any abandoned, nuisance or junked motor vehicle which is not claimed by the owner or other party
entitled to possession will be disposed of by the tow truck operator or towing business having custody
of the vehicle. Disposition of such a vehicle shall be carried out in accordance with G.S. Chapter 44A,
Art. 1.
(Ord. passed 1-8-90)
§ 90.10 CONDITIONS OF REMOVAL OF VEHICLES FROM PRIVATE PROPERTY.
As a general policy, the town will not remove a vehicle from private property if the owner, occupant
or lessee of such property could have the vehicle removed under applicable state law procedures. In
no case will a vehicle be removed by the town from private property without a written request of the
owner, occupant or lessee, except in those cases where a vehicle is a nuisance vehicle or is a junked
motor vehicle which has been ordered removed by the Authorizing Official. The town may require any
person requesting the removal of an abandoned, nuisance or junked motor vehicle from private
property to indemnify the town against any loss, expense or liability incurred because of the removal,
storage, or sale thereof.
(Ord. passed 1-8-90; Am. Ord. passed 4-7-97)
§ 90.11 PROTECTION AGAINST CRIMINAL OR CIVIL LIABILITY.
No person shall be held to answer in any civil or criminal action to any owner or other person legally
entitled to the possession of an abandoned, nuisance, or junked motor vehicle, for disposing of such
vehicle as provided in this chapter.
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(Ord. passed 1-8-90)
§ 90.12 EXCEPTIONS.
Nothing in this chapter shall apply to any vehicle:
(A) Which is located in a bona fide automobile graveyard or junkyard as defined in G.S. § 136-143,
in accordance with the Junkyard Control Act, G.S. §§ 136-141 et seq.;
(B) Which is in an enclosed building;
(C) Which is on the premises of a business enterprise being operated in a lawful place and manner
if the vehicle is necessary to the operation of the enterprise; or
(D) Which is in an appropriate storage place or depository maintained in a lawful place and manner
by the town.
(Ord. passed 1-8-90)
§ 90.13 UNLAWFUL REMOVAL OF IMPOUNDED VEHICLE.
It shall be unlawful for any person to remove or attempt to remove from any storage facility
designated by the city any vehicle which has been impounded pursuant to the provisions of this code
unless and until all towing and impoundment fees which are due, or bond in lieu of such fees, have
been paid.
(Ord. passed 1-8-90) Penalty, see § 10.99
§ 90.14 ADMINISTRATION.
The Police Department and Authorizing Official shall be responsible for the administration and
enforcement of this chapter. The Police Department shall be responsible for administering the
removal and disposition of vehicles determined to be abandoned on the public streets and highways
within the town, and on property owned by the town. The Authorizing Official shall be responsible for
administering the removal and disposition of abandoned, nuisance or junked motor vehicles located
on private property. The town may, on an annual basis, contract with private tow truck operators or
towing businesses to remove, store, and dispose of abandoned vehicles, nuisance vehicles and
junked motor vehicles in compliance with this chapter and applicable state laws. Nothing in this
chapter shall be construed to limit the legal authority or powers of officers of the Town Police
Department and Fire Department in enforcing other laws or in otherwise carrying out their duties.
(Ord. passed 1-8-90; Am. Ord. passed 4-7-97)
Section
CHAPTER 91: ANIMALS
General Provisions
91.01 Definitions
91.02 Animals at large
91.03 Impounding livestock; procedure
91.04 Impoundment for rabies control
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91.05
Cruelty to animals
91.06
Exhibition of certain animals
91.07
Pigeons to be confined
91.08
Grazing regulations
91.09
Stables; cleanliness
91.10
Bird sanctuary
91.11
Maintenance of cows, horses, mules, ponies and hogs
91.12
Animal and chicken fights
91.13
Nuisance animals prohibited
91.14
Livestock and domestic fowl generally prohibited
Dogs
91.20
Registration required; fee; display of tag
91.21
Impoundment; reclaiming of impounded dog; destruction
91.22
Confinement of female dogs in heat
91.23
Taxpaid collars
91.24
Vaccination of dogs
91.25
Dog tax; tags
91.26
Dangerous, vicious dogs prohibited
91.99 Penalty
Cross-reference:
Riding animals; application of traffic code, see § 70.04
GENERAL PROVISIONS
§ 91.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
CHICKENS. Any of the common domestic birds or fowl of the species gallus gallus domesticus
whose eggs or flesh are used for food. Also referred to as poultry. The female bird is called a hen.
DOMESTIC FOWL. Includes, but is not limited to, turkeys, geese, chickens, peacocks, guinea fowl,
ratites, or ducks.
LIVESTOCK. Includes, but is not limited to, equine animals, sheep, goats, llamas, alpacas, and
swine.
TETHERING. Tying out or fastening a dog outdoors on a rope, chain, or other type of line for
holding a dog. This shall not including tying out or fastening of a dog outdoors on an attended leash.
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(Ord. passed 12-4-17; Am. Ord. passed 6-3-19)
§ 91.02 ANIMALS AT LARGE.
(A) No horse, goat, cattle, dogs, or other animals shall be permitted to run at large within the town
limits. All animals caught running at large shall be impounded by the police and unless claimed within
four days shall be disposed of as the town shall deem best.
(B) No person owning or having possession, charge, custody or control of any animal shall cause,
permit or allow the animal to stray or in any manner to run at large in or upon any public street,
sidewalk or park or upon the property of another.
(C) Every person owning or having possession, charge, care, custody, or control of any dog shall
keep such dog exclusively upon his premises, provided, however, that such dog may be off such
premises if it be under the control of a competent person and restrained by a chain or leash or other
means of adequate physical control.
('75 Code, § 11.41) (Ord. passed 6-7-76) Penalty, see § 91.99
§ 91.03 IMPOUNDING LIVESTOCK; PROCEDURE.
Whenever the police officers shall find any horse, mule, cow, sheep, or goat loose or running at
large in the streets or other public places, it shall be the duty of the officers to take up the animal and
put the same in pens or lots kept for such purposes, and to notify the owner, if known, and after notice
according to law the Chief of Police shall advertise and sell the impounded animal, at public auction to
the highest bidder for cash, and pay the net proceeds of the sale to the town treasury, provided,
however, that the owner of any impounded animal herein mentioned shall be entitled to the same by
proving his ownership and paying a fee as shall be determined from time to time by the Board of
Aldermen, as set forth in the town fee schedule, copies of which are available for public inspection in
the office of the Town Manager, and all expenses of impounding and keeping, before the sale.
('75 Code, § 11.45) ('67 Code, Chapter H, Art. 3, § 2) Penalty, see § 91.99
§ 91.04 IMPOUNDMENT FOR RABIES CONTROL.
(A) If any animal has bitten any person or is suspected of having bitten any person, or is for any
reason suspected of having or being infected with rabies, then such animal shall be apprehended and
retained in the town pound, securely penned and separated from other animals, for such period, not
less than 14 days, as may be necessary to ascertain whether or not the animal is infected with rabies.
If, after sufficient observation, the animal, in the opinion of the Police Chief or a practicing veterinarian,
is not infected, he shall return such animal to the owner, if claimed. If, in the opinion of the Police
Chief or a practicing veterinarian, symptoms develop justifying a microscopic examination, then the
animal shall be killed and examination made by the State Board of Health.
(B) In lieu of the provisions of Division (A), the owner of any such animal may, at his own expense,
take such animal to any duly qualified and licensed veterinarian in the town for observation. Such
veterinarian shall report his findings in writing to the Police Chief. If in the opinion of such veterinarian
a microscopic examination is justified, then the animal shall be turned over to the Police Department
to be killed and examination made by the State Board of Health.
(C) Any animal desired for observation by the Police Chief under this section shall be delivered to
the Police Chief upon demand and shall not be withheld, hidden or harbored. Any person violating
these provisions shall be guilty of a misdemeanor. Upon refusal of any person to deliver the animal,
any officer of the Police Department shall cause a warrant to be issued for the arrest of that person,
which warrant shall also provide for the surrender of the animal and shall be lawful authority for the
apprehending and forcible taking of the dog.
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('75 Code, § 11.43) (Ord. passed 6-7-76) Penalty, see § 91.99
§ 91.05 CRUELTY TO ANIMALS.
(A) It shall be unlawful to beat, mistreat, drive or work, or allow to be worked, any beast of burden
that is physically disabled for labor or work. It shall be unlawful for any owner to fail to provide animals
with sufficient good and wholesome food and water, proper shelter and protection from the weather,
veterinary care when needed to prevent suffering, and with humane care and treatment.
(B) It shall further be unlawful to cause or permit any dogfight, cockfight, bullfight or other combat
between animals or between animals and humans, and it shall be the duty of the Chief of Police or
any officer appointed by him to pass upon the living conditions of the animals and the fitness of beasts
of burden for work and inspect same.
(C) It shall also be unlawful to work, or allow to be worked, any beast of burden, or to compel same
to work, or in any other way not comply with the regulations set down in this section, after having been
notified by the Chief of Police, or the officer appointed by him, to discontinue or stop the working of
such animal, or after any animal has been condemned, or in some other way to comply with this
section.
(D) Tethering. It shall be unlawful for any person to restrain a dog using a chain, wire, or other type
of tethering device in a manner prohibited by this division.
(1) No person shall tether, fasten, chain tie, or restrain a dog, or cause such restraining of a dog,
to a tree, fence, post, dog house, or other stationary object. During periods of tethering that are not
unlawful under this division, any tethering device used shall be at least ten feet in length and attached
in such a manner as to prevent strangulation or other injury to the dog, or entanglement with objects.
(2) No person shall tether, fasten, chain, tie, or restrain a dog, or cause such restraining of a dog
to a cable trolley system that allows movement of the restraining device. During periods of tethering
that are not unlawful under this division, the length of the cable along which the tethering device can
move must be at least ten feet, and the tethering device must be of such length that the dog is able to
move ten feet away from the cable perpendicularly, and attached in such a manner as to prevent
strangulation or other injury to the dog, and entanglement with objects. During periods of lawful
tethering under this division, tethers must be made of rope, twine, cord, or similar material with a
swivel on one end or must be made of a chain that is at least ten feet in length with swivels on both
ends, and which does not exceed 10% of the dog's body weight. All collars or harnesses used for the
purpose of lawful tethering of a dog must be made of nylon or leather.
(3) No person shall tether a dog with a chain or wire, or other device to, or cause such
attachment to, any collar other than a buckle type collar or body harness.
(4) No person shall tether with a chain, wire, or other device to, or cause such attachment to, a
head harness, choke -type collar, or pronged collar to a dog.
(5) No person shall tether with a chain, wire, or other device to a dog where the weight of the
tethering device and the collar combined exceeds 10% of the dog's body weight.
(6) No person shall tether with a chain, wire, or other device a dog in such a manner that does
not allow the dog access to adequate food, water, and shelter.
(7) No person shall tether a sick, diseased, and/or injured dog or puppy (a dog that is one year of
age or younger).
(8) Notwithstanding the provisions of divisions (D)(1) and (2) of this section, a person may,
subject to the provisions of divisions (D)(3) through (8), and subject to the requirement that any
stationary tethering device used shall be at least ten feet in length, and subject to the requirement that
for any cable trolley system used the length of the cable along which the tethering device can move
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must be at least ten feet, and the tethering device must be of such length that the dog is able to move
ten feet away from the cable perpendicularly, may:
(a) Tether and restrain a dog while actively engaged in:
1. Usage of the dog in shepherding or herding livestock;
2. Use of the dog in the business of cultivating agricultural products, if the restraining is
reasonably necessary for the safety of the dog;
3. Use of the dog in lawful hunting activities if the restraint is reasonably necessary for the
safety of the dog;
4. Use of the dog at a dog training or performance event, including, but not limited to, the field
trials and obedience trials where tethering does not occur for a period exceeding seven consecutive
days;
5. Camping or other recreation where tethering is required by the camping or recreational
area where the dog is located; or
6. Any activity where a tethered dog is in visual range of its owner or keeper, and the owner
or keeper is located outside with the dog. After taking possession of a dog that appears to be a stray
dog and after having advised animal control authorities of the capture of dog, tether and restrain the
dog in accordance with these provisions for a period not to exceed seven days, as the person having
taken possession of the dog is seeking the identity of the dog.
(b) Walk a dog with a handheld leash.
(9) Inspection of pet stores/dealer facilities. Animal Control Officers shall have the authority to
conduct inspections of pet stores, to the extent not pre-empted by state law, in order to determine if
there is abuse of animals. Abuse of animals shall include any act described in this section or any other
act which is detrimental to the well-being of the animal. It shall be unlawful for any pet store employee
or pet store owner to violate this section.
(10) Authority to use force against animals. Nothing in this section shall prohibit use of force
against an animal which is in the act of attacking a human or a domestic animal.
('75 Code, § 11.44) (Ord. passed 6-7-76; Am. Ord. passed 12-4-17) Penalty, see § 91.99
§ 91.06 EXHIBITION OF CERTAIN ANIMALS.
It shall be unlawful to exhibit a studhorse or jack on any street, alley or other public place.
('75 Code, § 11.46) ('67 Code, Chapter H, Art. 3, § 3) Penalty, see § 91.99
§ 91.07 PIGEONS TO BE CONFINED.
It shall be unlawful to keep pigeons, except when such pigeons are properly kept in a cage or
enclosure at all times.
('75 Code, § 11.49) ('67 Code, Chapter H, Art. 3, § 9) Penalty, see § 91.99
§ 91.08 GRAZING REGULATIONS.
No person shall graze or tie up on any vacant lot, within 50 feet of any dwelling or street, any cattle,
sheep or other animal.
('75 Code, § 11.50) ('67 Code, Chapter H, Art. 3, § 11) Penalty, see § 91.99
§ 91.09 STABLES; CLEANLINESS.
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Every stable and place where cattle, horses or other animals may be kept, shall be maintained at all
times in a clean and healthful condition.
('75 Code, § 11.51) ('67 Code, Chapter H, Art. 3, § 15) Penalty, see § 91.99
§ 91.10 BIRD SANCTUARY.
(A) The entire area embraced within the corporate limits of the town is hereby designated as a bird
sanctuary.
(B) It shall be unlawful to trap, hunt, shoot, or attempt to shoot or molest in any manner any birds or
to rob bird nests or wild fowl nests, provided that this section does not in any sense afford protection
to pigeons, crows, starlings, or English sparrows.
('75 Code, § 11.57) ('67 Code, Chapter H, Art. 3, § 22) Penalty, see § 91.99
§ 91.11 MAINTENANCE OF COWS, HORSES, MULES, PONIES AND HOGS.
(A) No person shall keep or maintain any cows, horses, mules, or ponies within 200 feet of any
street or residence.
(B) No person shall keep or maintain any pigs or hogs within 500 feet of any street or residence.
('75 Code, § 11.58) (Minute Book No. 14, pg. 16, 17, §§ 1 and 2, Ord. passed 1-18-71) Penalty, see
§ 91.99
§ 91.12 ANIMAL AND CHICKEN FIGHTS.
No person shall incite or cause any dogs or other animals or any chickens to fight.
('75 Code, § 11.13) ('67 Code, Chapter H, Art. 1, § 9) Penalty, see § 91.99
§ 91.13 NUISANCE ANIMALS PROHIBITED.
It shall be unlawful for any owner to fail to exercise proper care and control of his animals to prevent
them from becoming a public nuisance. Excessive, continuous or untimely barking, molesting
passersby, chasing vehicles, habitually attacking other domestic animals, trespassing upon school
grounds, or trespassing upon private property in such manner as to damage property, shall be
deemed a nuisance.
('75 Code, § 11.60) (Ord. passed 6-7-76) Penalty, see § 91.99
Cross-reference:
Nuisances, see Chapter 95
§ 91.14 LIVESTOCK AND DOMESTIC FOWL GENERALLY PROHIBITED.
(A) Livestock and domestic fowl prohibited. Livestock and domestic fowl of all descriptions are
prohibited within the corporate limits of the town except as listed in division (B).
(B) The maximum number of female chickens (hens) allowed is ten per lot. No roosters are
permitted. The hens shall be located within a fence behind the main structure on residential
properties.
(Ord. passed 6-3-19)
DOGS
§ 91.20 REGISTRATION REQUIRED; FEE; DISPLAY OF TAG.
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The owner or custodians of any dog over the age of three months shall on or before July 1, each
year, register such dog with the Town Clerk. No dog shall be registered unless there is first exhibited
to the Clerk a certificate of a practicing veterinarian of the state to the effect that the dog has been
vaccinated against rabies within three months prior to the date of the application for registration. The
registration fee shall be determined from time to time by the Board of Aldermen and set forth in the
town fee schedule, copies of which are available for public inspection in the office of the Town
Manager. The Clerk shall issue to the owner or custodian of such registered dog a tag to be affixed to
a collar around the neck of such dog and displayed visibly upon such dog at all times.
('75 Code, § 11.42) Penalty, see § 91.99
§ 91.21 IMPOUNDMENT; RECLAIMING OF IMPOUNDED DOG; DESTRUCTION.
(A) Any dog not displaying such tag shall be impounded by any police officer of the town. Such
impounded dog may be reclaimed by the owner or custodian upon payment of a fee in an amount as
shall be determined from time to time by the Board of Aldermen, as set forth in the town fee schedule,
copies of which are available for public inspection in the office of the Town Manager, after due proof of
ownership or custody, and only upon exhibition of a registration tag to the Clerk, such tag to be valid
and in force at the time of such exhibition, and only upon attachment of such tag to a collar around
such dog's neck.
(B) All dogs not reclaimed within four days shall be destroyed by the Police Department under the
direction of the Town Clerk.
('75 Code, § 11.42) Penalty, see § 91.99
§ 91.22 CONFINEMENT OF FEMALE DOGS IN HEAT.
No owner or custodian of any bitch shall allow such bitch to run at large while in heat, within the
town limits. It shall be the duty of the Chief of Police to kill any bitch the owner of which cannot be
found within four days after any such dog has been impounded.
('75 Code, § 11.42) Penalty, see § 91.99
§ 91.23 TAXPAID COLLARS.
No person shall counterfeit or use any taxpaid dog collar, nor shall any person remove any such
collar from any dog owned by another person, except by direction of the owner thereof.
('75 Code, § 11.47) ('67 Code, Chapter H, Art. 3, § 6) Penalty, see § 91.99
§ 91.24 VACCINATION OF DOGS.
Each owner of a dog, male or female, in the town and within one mile thereof, shall be required to
forthwith have such a dog vaccinated against rabies by some reputable veterinary surgeon, and the
sur-geon shall furnish a certificate or tag to the owner for each dog vaccinated, and any owner failing
to have his dog vaccinated shall be guilty of a misdemeanor. Each owner shall carry with him at all
times his certificate or tag of vaccination and shall show it upon demand of any Police Officer.
('75 Code, § 11.48) ('67 Code, Chapter H, Art. 3, § 7) Penalty, see § 91.99
§ 91.25 DOG TAX; TAGS.
(A) Each and every owner of a dog shall pay an annual tax on each dog he may own, in an amount
as shall be determined from time to time by the Board of Aldermen, as set forth in the town fee
schedule, copies of which are available for public inspection in the office of the Town Manager. Each
dog on which the tax has been paid shall wear a license tag to be
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furnished to the owner by the town. Anyone liable for this tax and failing or refusing to pay same after
demand has been made shall be guilty of a misdemeanor.
(B) The license tax levied in the above section shall be due and payable on July 1 of each and
every year.
(C) No license shall be issued for a shorter time than one year, except where otherwise specified.
All license tags shall expire on June 30 of each year. Upon satisfactory evidence that the licensee has
lost any dog license tag issued to him or the tag has been destroyed, the Town Clerk shall issue to
such licensee a duplicate tag upon payment of a fee in an amount as shall be determined from time to
time by the Board of Aldermen, as set forth in the town fee schedule, copies of which are available for
public inspection in the office of the Town Manager.
(D) The license tag provided for in division (A) of this section shall be non -transferable as between
individual owners; however, upon the death, sale or exchange of any licensed dog, the owner may
transfer the license tag to another dog then in his possession or which may afterwards come into his
possession.
('75 Code, §§ 11.53 through 11.56) ('67 Code, Chapter H, Art. 3, §§ 18 through 21) Penalty, see §
91.99
§ 91.26 DANGEROUS, VICIOUS DOGS PROHIBITED.
(A) No dog of dangerous, vicious or fierce propensities or tendencies, whether vaccinated against
rabies or not, shall be at large at any time within the town, and it shall be unlawful for the owner or
other person having any such dog in his or her possession or under his or her control, or in any
manner keeping or harboring any such dog within the town, to cause or permit any such dog to be at
large in the town.
(B) If any dog bites or attempts to bite any person while that dog is at large, then that dog shall be
conclusively presumed to be a dangerous dog and a dog of dangerous propensities and tendencies.
(C) If any dog attacks or attempts to attack any other dog or other animal while that dog is at large,
or chases or otherwise attempts to catch a person, then that dog shall be conclusively presumed to be
a vicious dog and to have vicious propensities and tendencies.
(D) Any dangerous or vicious dog or dog having dangerous or vicious propensities and tendencies
found at large after the owner has previous knowledge or notice that the dog is dangerous or has
dangerous or vicious propensities and tendencies, may be killed by any police or humane officer of
the town without that officer having to catch or impound the dog.
('75 Code, § 11.59) (Ord. passed 6-7-76) Penalty, see § 91.99
§ 91.99 PENALTY.
(A) Civil penalties may be recovered by the town for violations of this chapter in a civil action in the
nature of debt or may be collected in such other amounts prescribed herein within the prescribed time
following the issuance of notice for such violation.
(B) Such notice shall, among other things:
(1) State upon its face the amount of the penalty if such penalty be paid within 72 hours from and
after the issuance of the notice and the late fee of $1 if paid more than 72 hours after its issuance.
(2) Notify such offender that a failure to pay the penalties within the prescribed time shall subject
such offender to a civil action in the nature of debt for the stated penalty plus an additional penalty in
the amount of $25, together with the cost of the action to be taxed by the Tax Collector.
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(3) Further provide that such offender may answer the notice by mailing the notice, and stated
penalty to the Town Manager at its mailing address, or by making payment to the town at the
appropriate address, and that upon payment, such case or claim and right of action by the town will be
deemed compromised and settled.
(4) State that such penalties must be paid within 72 hours from issuance of such notice. Such
notice shall further state that if such notice of violation is not paid within the 72 hour period, a lien on
real property will be placed for the amount of the citation.
(C) The Torn Manager is authorized to accept such payments in full and final settlement of the
claim or claims, right or rights of action which the town may have to enforce such penalty by civil
action in the nature of debt. Acceptance of such penalty shall be deemed a full and final release of
any and all such claims, or rights of action arising out of such contended violation or violations.
(D) The civil penalty for violation of this chapter is $50. The penalty shall be paid within 72 hours
from and after the issuance of the notice referred to above.
(E) The notice of violation referred to herein may be delivered to the person violating the provisions
of this chapter in person, or may be mailed to the person at his last known address.
(F) In addition to the penalty prescribed in division (D) of this section, a $1 penalty shall be
imposed in all those cases in which the above penalty has not been paid within the authorized 72 hour
period. Should it become necessary to institute a civil action to collect any penalty hereunder, then the
violation shall also be subject to an additional penalty of $25.
(G) All penalties paid to the Town Manager or as may be recovered in a civil action in the nature of
debt as herein provided shall be paid into the general fund of the town.
(H) In addition to the civil penalties imposed by this section, any person violating any provision of
this chapter shall be subject to the criminal penalties set forth in § 10.99.
('75 Code, § 11.60.1) (Ord. 79-03, passed 10-15-79; Am. Ord. passed 7-2-90)
Section
CHAPTER 92: CEMETERIES
General Provisions
92.01 Town Manager to supervise through keeper
92.02 Cemetery use and burials regulated
92.03 Reserved and unreserved sections; price of plots
92.04 Payment of plots; installments
92.05 Payment due before burial
92.06 Removal of excess dirt
92.07 Placement of markers, stones, and graves
92.08 Erection of stones or markers; permit required
92.09 Town not responsible for rock encountered in grave digging
92.10 Blasting in cemetery; permit required
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92.11 Structures
92.12 Transfer of lots
92.13 Compliance with provisions; deeds of conveyance
92.14 Perpetual care trust fund
Rules and Regulations
92.25
Maintenance of grounds
92.26
Destruction of flowers or plants
92.27
Disturbing fixtures
92.28
Conduct in cemetery
92.29
Vehicles not to cross plots
92.30
Tents
92.31
Plants, trees and shrubbery
92.32
Landscaping
92.33
Floral regulations
92.99 Penalty
GENERAL PROVISIONS
§ 92.01 TOWN MANAGER TO SUPERVISE THROUGH KEEPER.
The cemetery shall be under the supervision of the Town Manager. The Manager may appoint a
keeper of the cemetery who shall have control of the same, always subject to the direction of the
Manager.
('75 Code, § 9.61) ('67 Code, Chapter O, Art. 3, § 1)
§ 92.02 CEMETERY USE AND BURIALS REGULATED.
(A) Burial regulated.
(1) It shall be unlawful for any person to bury any human being on any lot or premises within the
corporate limits except within an approved cemetery and in accordance with all applicable laws and
regulations.
(2) No person shall dig any grave, put up any grave -stone or board or make any erections, or dig
up any sod on any private burial lot, except under the direction or by the consent of the owner thereof.
(3) Right of interment under owner's declaration of reservation. At the time of the purchase of a
lot or grave, or at any time thereafter during the lifetime of the purchaser or transferee, and in
accordance with these rules and regulations, the owner or owners of any such lot or grave may
present his, her or their deed and may file with the town a declaration of reservation, therein
specifically designating the persons entitled to be buried in any or all of the graves in the lot. No other
person may be buried in any grave designated by the owner or owners in the declaration of
reservation except by an amended declaration of reservation executed by the owner or owners and
filed with the town. The owner or owners of any lot may in the declaration of reservation limit the
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persons entitled to be buried in said lot to those persons designated in the declaration of reservation.
In the event that the owner or owners shall fail to designate burial rights as to each grave in said lot, or
shall fail to limit burials in said grave to those designated in the declaration of reservation, then, as to
the graves not designated, the right of burial shall be as provided in division (A) of this section. Upon
application by any person for interment of a body in a given grave, the burden of proof as to the
identity of the person to be interred rests upon the applicant; and no liability shall be incurred by the
town as the result of a false statement in the application; but the town shall make reasonable effort to
see that only persons entitled to be buried in a given grave are so interred.
(4) Interment in absence of declaration. In the absence of a declaration of reservation by the
owner of a lot, the right of interment shall be in the following order:
(a) One grave shall be reserved for the owner and one for the owner's surviving spouse, if any.
(b) The remaining graves in said lot shall be held in trust by the city for burial of the following
persons in the order of their death, and a request for burial, to wit:
1. Children of owner or owners and their respective spouses;
2. Lineal descendants of owner or owners and their respective spouses; and
3. Parents of the owner or owners.
(B) No person shall be interred or disinterred therein without lawful authority and permission first
had and obtained. All graves shall be at least four feet in depth, and all graves shall be dug under the
supervision of the Superintendent.
('75 Code, §§ 9.62 and 9.85) (Am. Ord. passed 12-6-04) Penalty, see § 92.99
§ 92.03 RESERVED AND UNRESERVED SECTIONS; PRICE OF PLOTS.
(A) Reserved sections.
(1) No person shall bury in the reserved part of the cemetery without first purchasing a family
plot. The price of plots owned by the municipality shall be fixed by the Board. As of June 1, 1956,
and thereafter the price of plots in the reserved portion of the cemetery developed after the date and
offered for sale after the date by the municipality shall be in an amount as shall be determined from
time to time by the Board of Aldermen, as set forth in the town fee schedule, copies of which are
available for public inspection in the office of the Town Manager.
(2) When the sale of a plot is made to a taxpayer or resident and a deed is issued therefor, the
title shall not be transferred to a person, firm, or corporation who or which is not a taxpayer or resident
of the town except upon the payment to the town of an additional sum of money which will equal the
price the municipality charges non -taxpayers or non-residents for plots.
(B) Unreserved section. All persons desiring to bury in the unreserved portion of the cemetery
shall first apply to the Town Manager for a permit, issuance of which shall be prerequisite to interment.
The members of the Board shall be the sole judges of what shall be the reserved and what shall be
the unreserved sections. No charge shall be made for burial in the unreserved section of the
cemetery.
('75 Code, §§ 9.63 and 9.64) ('67 Code, Chapter O, Art. 3, §§ 3 and 4) (Am. Ord. 94-10, passed 10-
4-93)
§ 92.04 PAYMENT OF PLOTS; INSTALLMENTS.
(A) Cemetery plots may be paid for in install- ments, in amounts as may be determined from time
to time by the Board of Aldermen, as set forth in the town fee schedule, copies of which are available
for public inspection in the office of the Town Manager.
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(B) If a purchaser of a plot fails to pay for the plot within a period of 14 months from date of
purchase, he shall be deemed to have forfeited the amount he has paid and the plot shall be declared
open for sale to any other purchaser. In any event, all plots shall be paid for before burial permit is
issued. No deed or other instrument in evidence of ownership shall be delivered to purchaser until
purchase price has been paid in full, and purchaser shall have no equity, of redemption or otherwise,
until payment in full has been made.
('75 Code, § 9.72) ('67 Code, Chapter O, Art. 3, § 12)
§ 92.05 PAYMENT DUE BEFORE BURIAL.
No interment or burial of any person on any plot in the cemetery shall be permitted until the town
has been fully paid for the purchase price and any other charges against or in connection with such
plot.
('75 Code, § 9.74) ('67 Code, Chapter O, Art. 3, § 14)
§ 92.06 REMOVAL OF EXCESS DIRT.
All excess dirt from newly dug graves must be removed from the plot within ten days from the date
of interment, provided, however, that from and after June 1, 1956, with respect to any portion of the
cemetery which may be opened or developed after that date, all turf and dirt shall be laid aside and
placed on a canvas; surplus dirt not used in refilling the grave shall be removed immediately following
interment, and turf shall be replaced upon the grave and displaced area. The plot shall be left, as
nearly as practicable, in the same condition as before interment.
('75 Code, § 9.65) ('67 Code, Chapter O, Art. 3, § 5) Penalty, see § 92.99
§ 92.07 PLACEMENT OF MARKERS, STONES, AND GRAVES.
From and after June 1, 1956, no family stone shall be erected on any plot unless set upon a foun-
dation of not less than 12 inches in thickness, the foundation to be constructed with a concrete footing
extending horizontally beyond the base stone at all points for at least six inches. From and after the
date, no footstones or footmarkers shall be erected on any plot unless set upon a foundation of not
less than six inches thickness, the foundation to be constructed with a concrete footing extending
horizontally beyond the stone at all points at least six inches, provided, that footstones or footmarkers
shall not protrude above the surface of the ground. In order to provide a maximum of space on each
plot for erection of family stones, graves shall be dug as far as possible on the eastern portion of each
plot, with each grave approximately six inches from the eastern boundary line of the plot upon which it
is located, provided, however, that on plots which were purchased prior to June 1, 1956, and upon
which are located foot markers, installed or erected prior to June 1, 1956, which do not conform to the
requirements of this section, it shall be permissible to install additional footmarkers in conformity with
those already installed on the plot.
('75 Code, § 9.71) ('67 Code, Chapter O, Art. 3, § 11) Penalty, see § 92.99
§ 92.08 ERECTION OF STONES OR MARKERS; PERMIT REQUIRED.
Before any family stones or markers are erected on any plot in the cemetery, a permit shall be
obtained by either the owner of the plot or the person, firm or corporation responsible for erecting the
stones from the Town Manager.
('75 Code, § 9.73) ('67 Code, Chapter O, Art. 3, § 13) Penalty, see § 92.99
§ 92.09 TOWN NOT RESPONSIBLE FOR ROCK ENCOUNTERED IN GRAVE DIGGING.
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The town shall not be responsible for rock which may be encountered in the digging of any grave in
the cemetery.
('75 Code, § 9.77) ('67 Code, Chapter O, Art. 3, § 18)
§ 92.10 BLASTING IN CEMETERY; PERMIT REQUIRED.
Whenever it becomes necessary to use explosives of any kind in the digging of any grave in the
cemetery, permission shall be obtained from the Town Manager before such work is begun. If per-
mission is granted, extreme care shall be exercised, and such blasting shall be done at the risk of the
person or firm responsible for opening such grave.
('75 Code, § 9.78) ('67 Code, Chapter O, Art. 3, § 19) Penalty, see § 92.99
§ 92.11 STRUCTURES.
No mausoleum, tomb, building or other structure of any kind shall be erected on any lot within the
cemetery, or within any extension of the cemetery, provided, however, that mausoleums and tombs
may be constructed on lots which may be designated on the plat and plan of the cemetery from time
to time by the Board as lots to be used exclusively for mausoleums and tombs. Should any
mausoleum, monument or tomb at any time become unsafe, unsightly or in need of repair or re-
setting, the Superintendent shall so notify the owner of the lot or any person having an interest in the
lot and shall request such person to make the needed repairs under his supervision, and if such
person shall fail to make such repairs within 30 days thereafter, the Town Manager may order such
repairs to be made, or remove the same from the lot as the Town Manager may elect.
('75 Code, § 9.82) Penalty, see § 92.99
§ 92.12 TRANSFER OF LOTS.
No person who shall purchase any lot in the cemetery from the town shall thereafter convey or alien
the same to any other person except upon written permission of the Board. Owners of cemetery lots
may reconvey their lots to the town for half of the current rate or price.
('75 Code, § 9.83) (Am. Ord. passed 12-6-04) Penalty, see § 92.99
§ 92.13 COMPLIANCE WITH PROVISIONS; DEEDS OF CONVEYANCE.
All lots within the cemetery, and within any extension of the cemetery at any time hereafter made,
whether owned by the town or by any other person or persons, shall be subject to and regulated and
controlled by the provisions of this chapter, and in all deeds of conveyance by the town to any person
or persons for any lot, the following provisions shall be included therein as a covenant running with the
land: "This conveyance is made subject to an ordinance adopting rules and regulations for the control
of the cemetery and providing penalties in relation thereto duly of record upon the minute of the
proceedings of the Board of the Town, and the grantee herein, his heirs and assigns agree that upon
the breach of any of its provisions, the title to the property shall revert to the town."
('75 Code, § 9.84)
§ 92.14 PERPETUAL CARE TRUST FUND.
(A) The town shall maintain a perpetual care trust fund for all of the cemeteries under its ownership
and control.
(B) The town shall accept gifts, grants, bequests, and devises on behalf of the perpetual care trust
fund, and the town shall have the legal authority to deposit and appropriate any revenue or profit
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realized from the sale of lots in or by operation of the town cemeteries in the perpetual care trust fund,
including revenues derived from taxes or other sources.
(C) All funds held and administered in the aforesaid trust fund shall be used exclusively and
perpetually for caring for, maintaining, and operating the cemeteries owned and controlled by the
town.
(D) The principal of the perpetual care trust fund shall be deposited and maintained in a separate
account by the town, and the aforesaid trust fund shall be held intact and the income of the funds shall
be used exclusively for the maintenance and care of the aforesaid cemeteries owned and controlled
by the town for the perpetual care of the aforesaid cemeteries.
(E) All funds in this trust fund shall be kept separate and apart from all other town funds, and shall
in no case be appropriated by, lent to, or in any manner used by the town for any purposes other than
the perpetual care of the cemeteries owned and controlled by the town.
('75 Code, § 9.87) (Ord. 79-13, passed 2-5-79)
RULES AND REGULATIONS
§ 92.25 MAINTENANCE OF GROUNDS.
(A) All plots must be kept in a clean and orderly manner and condition at all times and must meet
the approval of the Town Manager. Every plot owner shall be required to see that his plot is in a
reasonably presentable condition, especially on Memorial Day of each year.
(B) No person shall leave or cause to be left any dirt, grass or trash in the cemetery, subject to the
other provisions of this chapter.
('75 Code, §§ 9.66 and 9.67) ('67 Code, Chapter O, Art. 3, § 6) Penalty, see § 92.99
§ 92.26 DESTRUCTION OF FLOWERS OR PLANTS.
No person shall cut, break, or injure, or in any manner destroy any trees, shrub, or plant, or want
only destroy any flower, floral design, grass or planting in any enclosure of any grave or plot in the
cemetery. From and after June 1, 1956, with respect to any portion of the cemetery, no grave mounds
or lot enclosures shall be permitted; nor shall any vault, fence, mound or the placement or installation
of any other objects protruding above the surface of the ground be permitted; nor shall any hedge,
plants, trees or flowers be planted on the property, nor shall any curbing or wall of any kind be erected
or installed around or in the plots; nor shall any gravel, sand, or concrete be used to cover any plot.
('75 Code, § 9.68) ('67 Code, Chapter O, Art. 3, § 8) Penalty, see § 92.99
§ 92.27 DISTURBING FIXTURES.
No person shall in any way disturb any stone placed to mark a grave or any wall or enclosure
around a grave or upon a plot, subject to the other provisions of this chapter.
('75 Code, § 9.69) ('67 Code, Chapter O, Art. 3, § 9) Penalty, see § 92.99
§ 92.28 CONDUCT IN CEMETERY.
No person shall use any cemetery or graveyard owned, supervised or controlled by the town
regardless of whether the same be located within or without the corporate limits, as a playground,
loafing or parking place, or make loud noises of any kind, discharge any firearms, use profane or
indecent language, or commit any indecent act therein. It shall not be unlawful for persons attending
services therein to park vehicles for purposes connected with services or ceremonies. No person
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shall remain within or enter any cemetery owned by the town after dark without first having obtained
permission from the Town Manager.
('75 Code, § 9.70) ('67 Code, Chapter O, Art. 3, § 10) Penalty, see § 92.99
§ 92.29 VEHICLES NOT TO CROSS PLOTS.
It shall be unlawful to drive or cause to be driven any motor vehicle upon or across any plot in the
cemetery. This does not prohibit vehicles which can be manipulated upon and on walkways provided.
('75 Code, § 9.75) ('67 Code, Chapter O, Art. 3, § 16) Penalty, see § 92.99
§ 92.30 TENTS.
Undertakers or other persons responsible for erecting tents or canopies over plots in the cemetery
for burial or other purposes must use care in erecting such temporary shelters so as not to disturb or
damage the grass, markers, curbing or other fixtures upon any other plot.
('74 Code, § 9.76) ('67 Code, Chapter O, Art. 3. § 17)
§ 92.31 PLANTS, TREES AND SHRUBBERY.
(A) No person shall plant or set any tree, shrub, flower, grass, or other plant of any kind in the
cemetery except with the approval of and under the supervision of the Superintendent.
(B) The pruning or cutting of all trees and shrubbery is hereby prohibited unless done under the
immediate supervision of the Superintendent.
('75 Code, §§ 9.79 and 9.80) Penalty, see § 92.99
§ 92.32 LANDSCAPING.
All grading, landscaping and improvements of every kind shall be made or done by the town only.
('75 Code, § 9.81) Penalty, see § 92.99
§ 92.33 FLORAL REGULATIONS.
No more than two floral designs shall be placed upon any plot except on special occasions such as
Easter, Memorial Day, Mother's or Father's Day, July 4 or birth or wedding anniversary dates between
and during the months from April to September. The management shall have the authority to remove
all floral designs, flowers, weeds, trees, shrubs, plants, or herbage of any kind from the cemetery as
soon as, in the judgment of the manager, they become unsightly, dangerous, detrimental or diseased,
or when they do not conform to the standard maintained. The Board of Aldermen reserves the right to
regulate the method of decorating plots so that a uniform beauty may be maintained.
('75 Code, § 9.86) (Ord. 79-15, passed 3-19-79) Penalty, see § 92.99
§ 92.99 PENALTY.
(A) Unless otherwise specifically provided, if any person shall violate any provision of this code of
ordinances, except any provision regulating the operation or parking of vehicles, he or she shall be
punished as provided in § 10.99 of this code.
(B) Any person violating any provision of § 92.28 shall be guilty of misdemeanor and shall be
punished by a fine of $10 or imprisonment for not more than 30 days, or both, for each offense, in the
discretion of flee court.
('75 Code, § 9.70) ('67 Code, Chapter O, Art. 3, § 10)
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CHAPTER 93: FIRE PREVENTION
Section
General Provisions
93.01 Fire prevention code adopted
93.02 Fire limits
Fire Hazards
93.10 Deposit of ashes subject to spontaneous combustion
93.11 Accumulation of rubbish
93.12 Open burning
93.13 Chimneys
93.14 Exits, passageways; obstructions
93.15 Fire extinguishers
93.16 Fire zone; burning and placement of trash
93.17 Exit signs in theaters and motion picture houses
93.18 Buildings constituting fire hazards
93.19 Interfering with fire alarm apparatus
93.20 False alarms
Pyrotechnics
93.40 Permits for use at public exhibitions
Cross-reference:
Fire apparatus, see §§ 71.01 and 71.02
Use of plug type fuses in fire zone, see § 150.005
Wooden awnings over sidewalks in Number One Fire District, see § 150.007
Duties of Inspection Department and Inspectors, see § 150.101
GENERAL PROVISIONS
§ 93.01 FIRE PREVENTION CODE ADOPTED.
The North Carolina Standard Fire Prevention Code, Vol. 5. — Fire Prevention, 1996, as amended, is
hereby adopted by reference, as fully as if set forth herein, as the Fire Prevention Code for the town.
('75 Code, § 4.41) (Minute Book No. 13, pg. 151, Ord. passed 5-19-70)
§ 93.02 FIRE LIMITS.
The following fire limits are established and defined:
Beginning at a point in the centerline intersection of Lewis Street and Eugene Street;
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Thence with the centerline of Eugene Street, N 59°34'54" W a distance of 667.95' to a point in
the centerline intersection of Eugene Street and Wharton Street;
Thence with the centerline of Wharton Street, S 29'13'12" W a distance of 280.17' to a point
on the southern right of way of Main Street;
Thence with the southern right of way of Main Street, S 60'13'33" E a distance of 21.28' to an
EIP;
Thence with the eastern property line of PIN: 102676, S 28°20'34" W a distance of 187.60' to
a point in the centerline of N.C. Railroad Track;
Thence with the centerline of N.C. Railroad, S 60°51'14" E a distance of 1185.23' to a point;
Thence with the centerline of Main Street the following courses and distances:
N 30058'41" E a distance of 184.54' to a point;
N 59°16'22" W a distance of 25.80' to a point;
Thence with the common line of PIN: 102229 and PIN: 102217, N 29°50'04" E a distance of
261.41' to an EIP in the line of PIN: 102231;
Thence with the common line of PIN: 102229, PIN: 102231, and PIN: 102225. N 60°08'47" W
a distance of 100.37' to an EIP corner of PIN: 102225;
Thence with the common line of PIN: 102225 and PIN: 102229, S 29°25'55" W a distance of
22.64' to an EIP corner with PIN 102217;
Thence with the common line of PIN: 102225, PIN: 102217, PIN: 102224, and PIN: 102222 N
60°50'07" W a distance of 195.48' to a point in the center of Piedmont Avenue;
Thence with the centerline of Piedmont Avenue, Street N 28°23'55" E a distance of 208.66' to
a point in the centerline intersection of Piedmont Avenue and Burlington Avenue;
Thence with the centerline of Burlington Avenue, N 62046'25" W a distance of 236.94' to a
point in the centerline intersection of Burlington Avenue and Lewis Street;
Thence with the centerline of Lewis Street, S 25°25'24" W a distance of 173.12' to a point;
Which is the point of beginning, having an area of 13.30 acres.
('75 Code, § 4.31) ('67 Code, Chapter I, Art. 1, § 3) (Am. Ord. passed 8-5-19)
FIRE HAZARDS
§ 93.10 DEPOSIT OF ASHES SUBJECT TO SPONTANEOUS COMBUSTION.
Ashes, smoldering coals, or embers, greasy or oily substances and all other matter which is subject
to spontaneous combustion, unless kept in metallic or noncombustible receptacles, may not be
deposited within 15 feet of any wooden or plastered wall, partition, fence, floor of lumber, rubbish or
other combustible material. The receptacles, unless resting on the ground outside of a building, must
be placed in noncombustible stands and shall be kept free from any wall of partition by at least two
feet. Nothing in this section shall prohibit the deposit of cold or wet ashes and cinders for purposes of
improving an unpaved alley or walkway.
('75 Code, § 4.11) ('67 Code, Chapter I, Art. 2, § 1) Penalty, see § 10.99
§ 93.11 ACCUMULATION OF RUBBISH.
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It shall be unlawful to permit the accumulation of waste paper, weeds, litter or rubbish of any kind on
roofs or other places where such material may present a fire hazard.
('75 Code, § 4.12) ('67 Code, Chapter I, Art. 2, § 2) Penalty, see § 10.99
§ 93.12 OPEN BURNING.
(A) Definitions. The definition of any word and phrase used in these rules, regulations and
standards shall be the same as given in G.S. Article 21, Chapter 143, as amended. The following
words and phrases, which are not defined in the subchapter, shall be construed to have the following
meaning:
AMBIENT AIR. That portion of the atmosphere outside of buildings and other enclosures, stacks or
ducts, and which surrounds human, animal or plant life, or property.
COMBUSTIBLE MATERIAL. Any substance which, when ignited, will burn in air.
DUSTFALL. Particulate matter which settles out of the air and is expressed in units of grams per
square meter per 30-day period.
FUEL BURNING EQUIPMENT. Equipment whose primary purpose is the production of thermal
energy or power from the combustion of any fuel. Such equipment is generally that used for, but not
limited to, heating water, generating or circulating steam, heating air as in warm air furnaces,
furnishing process heat entirely through transfer by fluids or transmissions through process vessel
walls.
GARBAGE. Any animal and vegetable waste resulting from the handling, preparation, cooking and
serving of food.
INCINERATOR. A device designed and engineered to burn solid, liquid, or gaseous waste material.
OPACITY. That property of a substance tending to obscure vision and is measured in terms of
percent obscuration.
OPEN BURNING. Any fire wherein the products of combustion are emitted directly into the
outdoor atmosphere and are not directed thereto through a stack or chimney or approved incinerator.
PARTICULATE MATTER. Any material except uncombined water that exists in a finely divided form
as a liquid or a solid at standard conditions.
REFUSE. Any garbage, rubbish, and trade waste.
RUBBISH. Solid or liquid wastes from residences and dwellings, commercial establishments, and
institutions.
(B) Control and prohibition of open burning.
(1) Purpose. This regulation is for the purpose of preventing, abating, and controlling air pollution
resulting from air contaminants released in the open burning of refuse or other combustible materials.
(2) Scope.
(a) This regulation shall apply to all operations involving open burning except those specifically
exempted by division (13)(3).
(b) No person shall cause, suffer, allow, or permit open burning of refuse or other combustible
material except as may be allowed in compliance with division (13)(3), or except those covered by a
permit issued by an authorized public agency.
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(3) Permissible open burning. While recognizing that open burning contributes to air pollution,
the Board is aware that certain types of open burning may reasonably be allowed in the public
interest; therefore, the following types of open burning are permissible as specified if burning is not
prohibited by ordinances and regulations of governmental entities having jurisdiction. The authority to
conduct open burning under the provision of this section does not exempt or excuse any person from
the consequences, damages, or injuries which may result from such conduct nor does it excuse or
exempt any person from complying with all applicable laws, ordinances, regulations, and orders of the
governmental entities having jurisdiction even though the open burning is conducted in compliance
with this section:
(a) Fires purposely set for the instruction and training of public and industrial fire- fighting
personnel.
(b) Fires purposely set to agricultural lands for disease and pest control and other accepted
agricultural or wildlife management practices acceptable to the state Board of Water and Air
Resources.
(c) Fires purposely set to forest lands for forest management practices acceptable to the
Division of Forestry and the state Board of Water and Air Resources.
(d) Fires purposely set in rural areas for right-of-way maintenance only in instances where
there are no other practicable or feasible methods of disposal and under conditions acceptable to the
state Board of Water and Air Resources.
(e) Camp fires and fires used solely for outdoor cooking and other recreational purposes or for
ceremonial occasions or for human warmth and comfort.
(f) Open burning of leaves, tree branches, or yard trimmings originating on the premises of
private residences and burned on those premises in areas where no public pickup facilities are
available and such burning is done between 8:00 a.m, and 6:00 p.m., and does not create a nuisance.
(g) Open burning in other than predominantly residential areas for the purpose of land clearing
or right-of-way maintenance. This will be exempt only if the following conditions are met:
1. Prevailing winds at the time of burning must be away from any city or town or built- up -
area, the ambient air of which may be significantly affected by smoke, fly -ash, or ocher air
contaminants from the burning.
2. The location of the burning must be at least 1,000 feet from any dwelling located in a
predominantly residential area other than a dwelling or structure located on the property on which the
burning is conducted.
3. The amount of dirt on the material being burned must be minimized.
4. Heavy oils, asphaltic materials, items containing natural or synthetic rubber or any
materials other than plant growth may not be burned.
5. Initial burning may generally be commenced only between the hours of 9:00 a.m. and 3:00
p.m., and no combustible material may be added to the fire between 3:00 p.m., of one and 9:00 a.m.,
of the following days except that under favorable meteorological conditions deviations from the above
stated hours of burning may be granted by the air pollution control agency having jurisdiction. It shall
be the responsibility of the owner or operator of the open burning operation to obtain written approval
for burning during periods other than those specified above.
(h) Fires for the disposal of dangerous materials where there is no alternative method of
disposal and burning is conducted in accordance with procedures acceptable to the Board of Water
and Air Resources.
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(i) Permission granted by the Board under this section shall be subject to continued review and
may be withdrawn at any time.
(C) Open burning inside the corporate limits of the town is prohibited wherever public pick up of
refuse and waste is available, pursuant ordinance adopted by Guilford County. The town hereby
makes this prohibition also effective within those parts of the corporate limits which are located in
Alamance County.
(Ord. 0-86-04, passed 9-9-85) Penalty, see § 10.99
§ 93.13 CHIMNEYS.
All chimneys, smokestacks or similar devices for conveying smoke or gasses to the outer air from
stoves, furnaces, fireboxes or ovens, must not only be constructed and located in accordance with
the Building Code, but they must also be maintained in such manner that they do not endanger
adjacent property or create a fire hazard.
('75 Code, § 4.14) ('67 Code, Chapter I, Art. 2, § 5) Penalty, see § 10.99
§ 93.14 EXITS, PASSAGEWAYS; OBSTRUCTIONS.
It shall be unlawful to obstruct in any way any fire escape, balcony, or ladder intended as a means of
escape from fire, nor the passageways, doors, and aisles in theaters, churches, and other places of
public assemblage; the latter must be well lighted for the entire duration of shows, balls, and the like.
All exit doors shall open outward and shall be so fastened as to be easily opened from within.
('75 Code, § 4.15) ('67 Code, Chapter I, Art. 2, § 6) Penalty, see § 10.99
§ 93.15 FIRE EXTINGUISHERS.
Hand or other portable extinguishers must be installed and maintained in sufficient number in every
store, factory, garage or other public places.
('75 Code, § 4.16) ('67 Code, Chapter I, Art. 2, § 7) Penalty, see § 10.99
§ 93.16 FIRE ZONE; BURNING AND PLACEMENT OF TRASH.
(A) No person shall burn or cause to be burned any trash, refuse, shavings, paper, leaves, litter or
other materials of any kind outside any house, or in any street, sidewalk, alley, lot or yard within the
fire zone of the town.
(B) It shall be unlawful to place or cause to be placed any trash of any description on any vacant lot
within the fire zone of the town, provided that the operator of any business establishment located in
the fire zone may place trash accumulating from business operations on the lot on which the business
is oper- ated for the purpose of being hauled off promptly.
('75 Code, §§ 4.17 and 4.18) ('67 Code, Chapter I, Art. 2, §§ 8 and 9) Penalty, see § 10.99
§ 93.17 EXIT SIGNS IN THEATERS AND MOTION PICTURE HOUSES.
Every exit in any theater or motion picture house shall be plainly indicated by a sign bearing the
word "Exit," which sign shall be kept lighted throughout each performance.
('75 Code, § 4.19) Penalty, see § 10.99
§ 93.18 BUILDINGS CONSTITUTING FIRE HAZARDS.
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It is hereby declared unlawful for any person or persons owning a building in the town to allow such
building to become in such bad repair or condition as to endanger from fire a neighboring building, and
any person owning any such building in bad repair, who shall fail to repair the same within 30 days
after notice to repair from the Board, then in such event the Board shall condemn such building and
cause same to be torn down and removed.
('75 Code, § 4.20) Penalty, see § 10.99
§ 93.19 INTERFERING WITH FIRE ALARM APPARATUS.
No person shall interfere carelessly or willfully with the fire alarm system or injure the poles, wires,
boxes, or other apparatus connected therewith.
('75 Code, § 4.6) Penalty, see § 10.99
§ 93.20 FALSE ALARMS.
It shall be unlawful for any person to give or cause to be given any false alarm of fire.
('75 Code, § 4.7) ('67 Code, Chapter I, Art. I, § 5) Penalty, see § 10.99
PYROTECHNICS
§ 93.40 PERMITS FOR USE AT PUBLIC EXHIBITIONS.
For the purpose of enforcing the provisions of this subchapter, the Board of County Commissioners
of any county are hereby empowered and authorized to issue permits for use in connection with the
conduct of public exhibitions, such as fairs, carnivals, shows of all descriptions and public exhibitions,
but only after satisfactory evidence is produced to the effect that the pyrotechnics will be used for the
aforementioned purposes and none other.
('75 Code, § 11.84) (Ord. passed 9-24-68)
Section
CHAPTER 94: HEALTH AND SANITATION
General Provisions
94.01 Human and animal waste; dead animals
94.02 Building in fire limits to be provided with water closets
94.03 Offensive matter on premises prohibited
94.04 Offensive commercial material regulated
94.05 Slaughterhouses regulated
94.06 Stagnant water on premise prohibited
94.07 Cleaning of stables
94.08 Disposition of decayed perishable products
Administration and Enforcement
94.20 County health regulations; compliance required
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94.21 Health Department personnel
94.22 Enforcement under supervision of County Health Officer
94.23 Unlawful to hinder Health Officer or assistant
94.24 Right to enter
94.25 Abatement of nuisances
94.26 Inspection of premises
GENERAL PROVISIONS
§ 94.01 HUMAN AND ANIMAL WASTE; DEAD ANIMALS.
(A) It shall be unlawful for any person to urinate or deposit any human waste on any street lot or
premises except in an approved sanitary facility. No butcher, fishmonger, huckster, or vendor of
merchan- dise of any kind shall leave any refuse on the streets, or uncovered by earth, on the lots of
the town. All putrid or decayed animal or vegetable matter must be removed from all cellars and out
buildings at least once in every 48 hours during the months of May, June, July, August and
September, and at least once a week during the other months of the year.
(B) No animal that died by disease or accident and no meat therefrom nor any animal or meat
therefrom killed while feverish, bruised, disabled, injured with broken bones, or otherwise heavy with
young, jaded or fatigued from long driving or shipping, or killed or kept in some building or in so close
proximity with fumes of gas, or disease or spoiled meat as to become contaminated there from or
rendered unwholesome or unhealthy thereby, or manipulated with tools used on diseased or other
dead carcasses as aforesaid, shall be brought into town, held or offered for sale as food therein.
(C) Owners of animals dying in the town shall, upon notice of their death, immediately remove
same. Removal of such animal at least one-half mile beyond the corporate limits of the town must be
accomplished within 12 hours from the time of the animal's death.
(D) Any animal killed by a railroad train or rail car within the corporate limits of the town shall be
removed by the railroad. For failure to observe this section, after having been notified by the Chief of
Police or Mayor, a fine shall be imposed on the company as provided in § 10.99 hereof.
('75 Code, § 9.7) Penalty, see § 10.99
§ 94.02 BUILDING IN FIRE LIMITS TO BE PROVIDED WITH WATER CLOSETS.
All buildings within the fire limits shall be provided with water closets, and it shall be the duty of any
owner, lessee, keeper, manager, or agent to provide every building with same. All such water closets
shall be kept in a clean and sanitary condition. ('75 Code, § 9.10) ('67 Code, Chapter K, Art. 3, § 1)
Penalty, see § 10.99
Cross-reference:
Fire prevention, see Chapter 93
§ 94.03 OFFENSIVE MATTER ON PREMISES PROHIBITED.
No owner or occupant of any premises shall suffer to remain on premises owned or occupied by him
any decayed animal or vegetable matter, or any other thing which may be offensive to, or injurious to
the health of, persons in the vicinity; nor shall any person place or throw such offensive matter upon
any street or alley or upon the premises of another person.
('75 Code, § 9.12) ('67 Code, Chapter K, Art. 3, § 3) Penalty, see § 10.99
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Cross-reference:
Building regulations, see Chapter 150
§ 94.04 OFFENSIVE COMMERCIAL MATERIAL REGULATED.
No person shall keep hides, dried or green, filthy rags, bones or fertilizers, or any other material
offensive in odor or prejudicial to health, within 100 yards of any dwelling or business house, unless
same is authorized by permission of the Mayor and Board. ('75 Code, § 9.13) ('67 Code, Chapter K,
Art. 3, § 4) Penalty, see § 10.99
§ 94.05 SLAUGHTERHOUSES REGULATED.
No butchering or slaughtering of live animals except by permission of the Board shall be done within
100 yards of any street of the town, provided that this section does not prohibit individuals butchering
the hogs raised by them.
('75 Code, § 9.14) ('67 Code, Chapter K, Art. 3, § 5) Penalty, see § 10.99
§ 94.06 STAGNANT WATER ON PREMISE PROHIBITED.
No stagnant water shall be allowed to remain in any pool, pond, sink, or open vessel on any lot or
premises, nor in the cellar of any building within the corporate limits. Any person owning or controlling
property where there is such pond or sink or stagnant water of any kind, shall be required to fill or
drain same within ten days after notice to do so is served upon him by the town authorities.
('75 Code, § 9.15) ('67 Code, Chapter K, Art. 3, § 6) Penalty, see § 10.99
§ 94.07 CLEANING OF STABLES.
Each person maintaining a cowyard or stable within the corporate limits shall be required to clean
the same thoroughly once each week with lime, ashes, or other disinfectant, and maintain the same in
such manner that it shall not endanger the health of the citizens of the town. No person shall refuse
nor neglect for two days after notice to do so to clean the pen or stable.
('75 Code, § 9.22) ('67 Code, Chapter K, Art. 3, § 7) Penalty, see § 10.99
§ 94.08 DISPOSITION OF DECAYED PERISHABLE PRODUCTS.
No person shall burn or cause to be burned within the fire limits any decayed meats or perishable
products of any kind, or other matter or material which would be liable, when burning, to create an
offensive odor. Persons handling or keeping meats or perishable products, for sale or otherwise, shall
provide themselves with a sanitary receptacle in which all decayed meats or perishables shall be
deposited. The lid of the receptacle shall be kept closed tightly at all times except when same is being
filled or emptied, and the accumulated contents shall be disposed of by means provided by the town.
('75 Code, § 9.23) ('67 Code, Chapter K, Art. 3, § 9) Penalty, see § 10.99
Cross-reference:
Businesses; sanitary provisions, see Chapter 114
ADMINISTRATION AND ENFORCEMENT
§ 94.20 COUNTY HEALTH REGULATIONS; COMPLIANCE REQUIRED.
It shall be unlawful for any person firm or corporation to violate any lawfully adopted rule or
regulation of the County Board of Health. The enforcement of this section shall be under the
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supervision of the County Health Officer.
('75 Code, § 9.1) Penalty, see § 10.99
§ 94.21 HEALTH DEPARTMENT PERSONNEL.
The Health Department shall be under the supervision of the County Health Officer, who shall be
given such assistants and inspectors as may be agreed upon by the Board and the County Health
Officer.
('75 Code, § 9.2) ('67 Code, Chapter K, Art. 1, § 1)
§ 94.22 ENFORCEMENT UNDER SUPERVISION OF COUNTY HEALTH OFFICER.
The enforcement of this chapter shall be under the supervision of the County Health Officer. All
investigations required herein shall be under his direction, and shall be made by persons authorized
by him. Permits required by this chapter shall be issued to food handlers by such persons as are
designated by him.
('75 Code, § 9.3) ('67 Code, Chapter K, Art. 1, § 2)
§ 94.23 UNLAWFUL TO HINDER HEALTH OFFICER OR ASSISTANT.
It shall be unlawful for any person to hinder, obstruct or delay the Health Officer or any of his
assistants in the lawful discharge of their duties.
('75 Code, § 9.4) ('67 Code, Chapter K, Art. 1, § 3) Penalty, see § 10.99
§ 94.24 RIGHT TO ENTER.
The Health Officer or any of his assistants shall have the right to enter at any reasonable time any
premises for the purpose of making the inspections or investigations as required by this chapter.
('75 Code, § 9.5) ('67 Code, Chapter K, Art. 1, § 4)
§ 94.25 ABATEMENT OF NUISANCES.
The owner, lessee, tenant or occupant of any building or premises where there shall be a nuisance
or any violation of any ordinance relating to health and sanitation shall be jointly and severally liable
there for and each of them may be required to abate the same or comply with the order of the Health
Officer or his assistants within the time specified within the order.
('75 Code, § 9.6) ('67 Code, Chapter K, Art. 1, § 5)
§ 94.26 INSPECTION OF PREMISES.
The Health Officer, or some person designated by him, or policeman shall make frequent
inspections of the premises of citizens, to see that they are kept in a clean and sanitary condition. If
any condition is found which constitutes a nuisance, the person responsible may be held liable as
prescribed in this chapter.
('75 Code, § 9.11) ('67 Code, Chapter K, Art. 3, § 2)
CHAPTER 95: NUISANCES
Section
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General Provisions
95.01 Unnecessary noises prohibited
Weeds and Refuse
95.15 Uncontrolled growth of weeds and accumulation of refuse declared public
nuisance
95.16 Complaint and investigation
95.17 Notice to abate nuisance; failure of owner to comply
95.18 Cost incurred by owner
95.19 Charges become lien
95.20 Alternate procedure to other authorized procedures
GENERAL PROVISIONS
§ 95.01 UNNECESSARY NOISES PROHIBITED.
(A) Subject to the provisions of this section, it shall be unlawful for any person, firm, corporation, or
business entity to create or assist in creating, permit, continue, or permit the continuance of any
unreasonably loud, annoying, disturbing or unnecessary noise in the town, with the exception of
construction work done pursuant to a federal, state, county or city contract which requires work to be
performed during certain hours. Noise of such character, intensity and duration as to be detrimental to
the life or health of any individual is prohibited.
(B) Definitions. For purpose of this section, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
DISTURBING. Noise which is perceived by a person of ordinary sensibilities as interrupting the
normal peace and calm of the area.
UNNECESSARY. Any excessive or unusually loud sound or any sound which is of such
character, intensity and duration as to disturb the peace and quiet of any neighborhood or which
disturbs, injures or endangers the comfort, repose, health, peace or safety of any person, and being a
type of sound which could be lessened or otherwise controlled by the maker without unduly restricting
his conduct.
UNREASONABLY LOUD OR ANNOYING. Noise which is substantially incompatible with the time
and location where created to the extent that it creates an actual or imminent interference with peace
or good order.
(C) In determining whether a noise is unreasonably loud, annoying, disturbing or unnecessary, the
following factors incident to such noise are to be considered: time of day; proximity to residential
structures; whether the noise is recurrent, intermittent or constant; the volume and intensity; whether
the noise has been enhanced in volume or range by any type of electronic or mechanical means; the
character, nature and zoning of the area; whether the noise is related to the normal operation of a
business or other activity or is the result of some use for individual purposes and whether the noise is
subject to being controlled without unreasonable effort or expense to the creator thereof. A continuing
or non -resetting audible burglar or fire alarm shall not be considered a violation of this section.
(D) The following acts, among others, are declared to be loud, disturbing, annoying and
unnecessary noises in violation of this section, but the enumeration shall not be deemed to be
exclusive, namely:
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(1) The sounding of any horn, whistle or signal device on any automobile, motorcycle, bus or
other vehicle while not in motion, except as a danger signal as required by law if another vehicle is
approaching apparently out of control, or if in motion only as a danger signal after or as brakes are
being applied and deceleration of the vehicle is intended; the creation by means of any such signal
device of any unreasonably loud, disturbing, annoying or harsh sound as defined above, or the
sounding of such device for an unnecessary and unreasonable period of time;
(2) The use of any gong or siren upon any vehicle, other than police, fire or other emergency
vehicle;
(3) The playing of any piano, radio, television set, record player, loud speaker, stereo or other
sound reproduction system, musical instrument or sound -producing or sound -amplifying device on the
premises of any dwelling, hotel or motel room in such manner or with such volume, particularly, but
not limited to the hours between 11:00 p.m. and 7:00 a.m. as to be an unreasonably loud, annoying,
disturbing or unnecessary manner as defined above. A presumption is created that the noise is
unreasonably loud, annoying, disturbing and unnecessary if the sound generated is audible at a
distance of 30 feet or more from the dwelling's property line, or from the unit's most outer boundary
wall in the case of a hotel or motel room;
(4) The playing of any radio, cassette player, compact disc, videotape or disc or other similar
device for reproducing sound located on or in any motor vehicle on a public street, highway, within any
public vehicular area, within the motor vehicular area, within the motor vehicular area of any public or
private parking lot or park or on the premises of a private residence in an unreasonably loud,
annoying, disturbing or unnecessary manner as defined above. A presumption is created that the
sound thus created is unreasonably loud, annoying, disturbing and unnecessary if the sound
generated or noise vibration therefrom is audible or can be felt at a distance of 30 feet or more from
the radio, cassette player, compact disc, video tape or disc or other similar device that is producing the
sound;
(5) The keeping of any animal or bird which by causing frequent or loud continued noise, which
shall include but not be limited to the frequent or continued barking of dogs, that shall disturb the
comfort and repose of any person in the vicinity;
(6) The use of any automobile, motorcycle, "ATV" or other vehicle in such a manner as to create
loud, annoying or unnecessary grating, grinding, rattling, screeching of tries or other unreasonable
and unnecessary noise;
(7) The blowing of any steam whistle attached to any steam boiler except to give notice of the
time to begin or stop work, or a warning of danger;
(8) The discharge into the open of the exhaust of any steam engine, stationary internal
combustion engine, or motor vehicle, except through a muffler or other device which will effectively
prevent unnecessary loud, annoying, disturbing or unnecessary noises therefrom;
(9) The use of any mechanical device operated by compressed air unless the noise created
thereby is effectively muffled and reduced;
(10) The erection (including excavation), demolition, alteration or repair of any building in a
residential or business district other than between the hours of 7:00 a.m. and 6.00 p.m. Monday -
Saturday, except in the case of urgent necessity in the interest of public safety and then only with a
permit from the Town Clerk, which permit may be renewed for a period of three days or less while the
emergency continues;
(11) The creation of any unreasonably loud or excessive noise on any street adjacent to any
school, institution of learning, or court while the same is in session, or within 150 feet of any hospital,
which unreasonably interferes with the working of such institution, provided, conspicuous signs are
displayed in such street indicating that the same if a school, court, or hospital street;
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(12) The creation of any unreasonably loud or excessive noise on Sundays on any street
adjacent to any church, provided, conspicuous signs are displayed in such street adjacent to churches
indicating that the same is a church street;
(13) The creation of any unreasonably loud or excessive noise in connection with loading or
unloading any vehicle, of the opening and destruction of bales, boxes, crates and containers;
(14) The continued and frequent sounding of any bell or gong, attached to any building or
premises, which disturbs the quiet or repose of persons in the vicinity thereof;
(15) The shouting and crying of peddlers, barkers, hawkers and vendors which disturbs the quiet
and peace of the neighborhood;
(16) The use of any drum, bell, loudspeaker, or other instrumentality for the purpose of attracting
attention by creation of noise to any performance, show, sale, display or advertisement of
merchandise. The use of explosives such as fireworks may also be a violation where conducted at
hours which interfere with the normal peace, calm and good order of the neighborhood or when
conducted without obtaining the proper permissions or permits;
(17) The use of any mechanical loudspeakers or amplifiers on trucks or other moving vehicles
for advertising purposes or other purposes except where specific license is received from the Board of
Aldermen;
(18) The conducting, operating, or maintaining of any garage, body shop, repair facility, paint
facility or filing station so as to cause unreasonably loud, annoying or offensive noises to be emitted
therefrom between the hours of 11:00 p.m. and 7:00 a.m.; and/or
(19) The firing or discharging of squibs, firecrackers, gunpowder or other combustible substances
in the streets or elsewhere for the purpose of making loud, disturbing or annoying noises or
disturbances except by permit from the Board of Aldermen.
(E) Enforcement. The town shall, through the Police Department, take the following enforcement
actions for violations of this section against any responsible person, persons or business entity as
stated in division (A):
(1) First offense. Issue a written warning.
(2) Second offense (within a one-year period of time). Issue a criminal citation or warrant
subjecting a violator to a penalty of $100 for each offense and/or imprisonment as designated for a
Class 3 misdemeanor.
(3) Subsequent offenses. All subsequent violations by the same person or business entity within
one year of the second violation shall subject such person or business to a penalty of $200 for each
offense and/or imprisonment as designated for a Class 3 misdemeanor.
(a) Each separate day of a continued violation shall be a separate and distinct offense and
shall give rise to a separate and distinct penalty.
(b) Violators shall be prosecuted under the provisions of G.S. § 14-4 for a misdemeanor
criminal offense punishable by a fine of not more than $200 and/or imprisonment as designated for a
Class 3 misdemeanor.
(c) This section may also be enforced by civil action for injunction and order of abatement.
(d) This section maybe enforced by any remedy authorized by G.S. § 160A-175, either
severally or in conjunction with other remedies.
(F) Exceptions. In the interest of public safety and convenience, the following activities are
exempted from the application of this section:
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(1) Emergency work made necessary to restore property to a safe condition; emergency work
required to protect persons or property from danger or potential danger; or work by private or public
utilities when restoring utility services;
(2) Any street construction activity performed by, or on behalf of, a government agency on streets
designated on the then current thoroughfare plan as adopted county or state; provided that all
equipment is operated in accordance with the manufacturer's specifications and is equipped with all
legally required noise -reducing devices in property operating condition. Blasting and pile driving on
street projects are covered under this exemption only to the extent that they are carried on between
the hours of 7:00 a.m. and 10:00 p.m., Monday - Friday; and/or
(3) Noise arising from the premises of a bona fide farm or farming operation as defined in G.S. §
163A-340(b)(2) as a result of routine farming activities necessary for the operation of the farm.
(G) An owner of any premises subject to this section who is not a current occupant of the premises
shall be responsible and subject to civil penalties, but not criminal liability, for actions by tenants,
guests, or other licensees which constitute violations of this section. Absentee owners must be notified
by personal service or certified mail of the first or previous violations that have occurred within the
previous 12-month period before a subsequent increased civil penalty may be imposed.
(Ord. passed 7-5-05)
WEEDS AND REFUSE
§ 95.15 UNCONTROLLED GROWTH OF WEEDS AND ACCUMULATION OF REFUSE
DECLARED PUBLIC NUISANCE.
The existence of any of the following conditions on any vacant lot or other parcel of land within the
corporate limits is hereby declared to be dangerous and prejudicial to the public health or safety and
to constitute a public nuisance:
(A) The uncontrolled growth of noxious weeds or grass to a height in excess of 12 inches causing
or threatening to cause a hazard detrimental to the public health or safety.
(B) Any accumulation of animal or vegetable matter that is offensive by virtue of odors or vapors or
by the inhabitance therein of rats, mice, snakes, or vermin of any kind which is or may be dangerous
or prejudicial to the public health.
(C) Any accumulation of grass clippings, brush, debris, rubbish, trash, or junk causing or
threatening to cause a fire hazard, or causing or threatening to cause the accumulation of stagnant
water, or causing or threatening to cause the inhabitation therein of rats, mice, snakes, or vermin of
any kind which is or may be dangerous or prejudicial to the public health.
(D) Any condition detrimental to the public health which violates the rules and regulations of the
County Health Department.
('75 Code, § 9.30) (Am. Ord. passed 6-7-99; Am. Ord. passed 10-4-04) Penalty, see § 10.99
§ 95.16 COMPLAINT AND INVESTIGATION.
The Town Manager, upon notice from any person of the existence of any of the conditions described
in § 95.15, shall cause to be made by the appropriate County Health Department official, or Town
Official, such investigation as may be neces- sary to determine whether in fact such conditions exist
as to constitute a public nuisance as declared in § 95.15.
('75 Code, § 9.31)
§ 95.17 NOTICE TO ABATE NUISANCE; FAILURE OF OWNER TO COMPLY.
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(A) Upon a determination that such conditions constituting a public nuisance exist, the Town
Manager shall notify, in writing, the owner, occupant or person in possession of the premises in
question of the conditions constituting such public nuisance and shall order the prompt abatement
thereof within ten days from the receipt of such written notice.
(B) Failure of owner to abate nuisance.
(1) If any person, having been ordered to abate such a public nuisance, fails neglects or refuses
to abate or remove the condition constituting the nuisance within ten days from receipt of the order,
the Town Manager shall cause the condition to be removed or otherwise remedied by having
employees of the town go upon the premises and remove or otherwise abate such nuisance under the
supervision of an officer or employee designated by the Board.
(2) Any person who has been ordered to abate a public nuisance may within the time allowed by
this chapter request the town in writing to remove such condition, the cost of which shall be paid by
the person making such request.
('75 Code, §§ 9.32 and 9.33) (Am. Ord. passed 7-7-14) Penalty, see § 10.99
§ 95.18 COST INCURRED BY OWNER.
The actual cost incurred by the town in removing or otherwise remedying a public nuisance shall be
charged to the owner of such lot or parcel of land and it shall be the duty of the Tax Collector to mail a
statement of such charges to the owner or other person in possession of such premises with instruc-
tions that such charges are due and payable within 30 days from the receipt thereof.
('75 Code, § 9.34)
§ 95.19 CHARGES BECOME LIEN.
In the event charges for the removal or abate- ment of a public nuisance are not paid within 30 days
after the receipt of a statement of charges as provided for in § 95.18, such charges shall become a
lien upon the land or premises where the public nuisance existed and shall be collected as unpaid
taxes, as provided in G.S. § 160A-193.
('75 Code, § 9.35)
§ 95.20 ALTERNATE PROCEDURE TO OTHER AUTHORIZED PROCEDURES.
The procedure set forth in this chapter shall be in addition to any other remedies that may now or
here- after exist under law for the abatement of public nuisances, and this chapter shall not prevent
the town from proceeding in a criminal action against any person, firm, or corporation violating the
provisions of this chapter as provided in G.S. § 14-4.
('75 Code, § 9.36)
Section
CHAPTER 96: PARKS AND RECREATION
General Provisions
96.01 Town Manager to establish rules and regulations
96.02 Board of Aldermen to designate areas
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96.03 Town greens
Recreation and Park Commission
96.15
Definitions
96.16
Creation
96.17
Powers and duties
96.18
Appointment
96.19
Meetings
96.20
Officers; duties
96.21
Committees
96.22
Bylaws
96.23
Grants and contributions
96.24
Financial obligations and funding
GENERAL PROVISIONS
§ 96.01 TOWN MANAGER TO ESTABLISH RULES AND REGULATIONS.
The Town Manager shall establish rules and regulations for the use and operation of municipal
public parks, recreation areas and playgrounds. Upon approval by the Board of Aldermen, it shall be
unlawful for any person to violate any rule or regulation established by the Town Manager. A copy of
the rules and regulations shall be filed in the office of the Town Manager.
(Ord. 0-85-02, passed 7-23-84) Penalty, see § 10.99
§ 96.02 BOARD OF ALDERMEN TO DESIGNATE AREAS.
The Board of Aldermen shall designate such places or areas as shall be deemed public parks or
recreation areas.
(Ord. 0-85-02, passed 7-23-84)
§ 96.03 TOWN GREENS.
The area known as the "Town Greens," being a tract of land consisting of grass plots leased by the
town from Southern Railway Company, bounded on the north and east by Main Street, on the south
by Burke Street, and on the west by Lewis Street, all within the town, is hereby designated as a public
park, to be called "Town Greens." Use of any portion of the Town Greens Park during the hours of
9:00 p.m. to 6:00 a.m., including parking of vehicles on the sides of the streets abutting the park
during such hours, shall be unlawful, except where a valid permit for such use has been obtained from
the Town Manager which specifies the date and period of such use. Copy of such prohibition shall be
posted in a conspicuous place or places on the park premises.
(Ord. 0-85-02, passed 7-23-84)
RECREATION AND PARK COMMISSION
§ 96.15 DEFINITIONS.
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For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
COMMISSION. The advisory recreation and parks body to the Department of Recreation and
Parks, Town Manager and the Board of Aldermen.
GOVERNING BODY. The Board of Aldermen.
MANAGER. The Town Manager.
RECREATION. Those activities which fall within the general classification areas of: the arts; drama;
crafts; athletics; sports and games; dance; hobbies; music; nature and outings; reading; writing;
linguistics; social recreation; special community events and special activities; volunteer services; and
recreation travel.
STRUCTURES and AREAS. The outdoor and indoor areas and structures on or in which people
derive opportunity for the pursuit of happiness through recreation, whether or not these areas and
structures are owned, leased, borrowed, controlled, or operated within or outside of the corporate
limits or boundary of local governmental unit(s).
UNIT. The Town of Gibsonville.
('75 Code, §§ 2.92 and 2.93) (Ord. passed 4-17-75; Am. Ord. passed 5-5-75)
§ 96.16 CREATION.
(A) There is hereby created a Recreation and Parks Commission composed of nine citizens of the
unit, to be known as the Recreation and Parks Commission.
(B) Commission members shall serve without monetary compensation.
('75 Code, §§ 2.95 and 2.101) (Ord. passed 4-17-75)
§ 96.17 POWERS AND DUTIES.
(A) Generally. It is the basic function of the Recreation and Parks Commission to promote recrea-
tion for its citizens and, in so doing, the Department of Recreation and Parks and its Commission are
authorized to aid and assist agencies (in line with reasonable and legally correct policies
recommended by the Recreation and Parks Commission and accepted by the unit) which include
public, private, commercial, those which are quasi -public in character (and which, although public in
nature, are not under the unit's governing body, such as schools, churches, hospitals, military
installations, orphanages, commercial recreation, business, and industrial agencies), as well as civic,
neighborhood, and service groups in their recreation interests and needs.
(B) Advisory duties. The Recreation and Parks Commission shall serve as the advisory body for
the Department of Recreation and Parks and the unit. The Commission shall suggest policies to the
Department, the Manager and the Board of Aldermen, within its powers and responsibilities as stated
in this sub -chapter. The Commission shall serve as a liaison between the Department, the Manager,
the Board of Aldermen and citizens of the town. The Commission shall consult with and advise the
Department, the Manager and the Board of Aldermen in matters affecting recreation policies, program,
personnel, finances, and the acquisition of lands and properties related to the total town recreation
and parks needs.
(C) Other duties. The Recreation and Parks Commission shall assume duties for recreation and
parks purposes, as follows.
(1) Make recommendations for the esta- blishment of a system of supervised recreation;
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(2) Make recommendations to set apart for use as parks, playgrounds, recreation centers, water
areas, or other recreation areas and structures, any lands or buildings owned by or leased to the unit,
and for approval by the unit's authorized body, and may suggest improvements of such lands and for
the construction and for the equipping and staffing of such buildings and structures as may be
necessary within those funds allocated to the Department;
(3) Make recommendations and advise in the acquisition of land and structures through gifts,
purchase, lease or loan, or by condemnation by the unit as provided by G.S. Chapter 40A, eminent
domain, and as approved by the Board of Aldermen;
(4) Make recommendations and advise in the acceptance by the unit and, with the approval of
the governing body, may accept any grant, gift, bequest or donation, any personal or real property
offered or made available for recreation purposes and which is judged to be of present or possible
future use for recreation. Any gift, bequest of money or other property, any grant, devise of real or
personal property so acquired shall be held, by the Depart- ment, used and finally disposed of in
accordance with the terms under which grant, gift or devise is made and accepted;
(5) Make recommendations and advise in the construction, equipping, operation, and main-
tenance of parks, playgrounds, recreation centers and all buildings and structures necessary or useful
to Department function, and will advise in regard to other recreation facilities which are owned or
controlled by the town or leased or loaned to the town.
('75 Code, §§ 2.94 and 2.96) (Ord. passed 4-17-75)
Cross-reference:
Officer's duties, see § 96.20
§ 96.18 APPOINTMENT.
(A) Method. Each member of the Commission shall be appointed by the Board of Aldermen which
may request recommendations from the Recreation and Parks Commission.
(B) Length of appointment. Each member shall be appointed for a three-year term. Initial
appointments shall be arranged so that approximately one-third of the terms will expire each year.
('75 Code, §§ 2.97 and 2.98) (Ord. passed 4-17-75)
§ 96.19 MEETINGS.
(A) Schedule. Commission meetings shall be held on a monthly basis unless when determined
otherwise by the Commission. The Chairman of the Commission or, in his absence, the Vice -
Chairman, may call a special meeting of the Commission at any time by giving each member 24 hours
notice. Special meetings will be scheduled upon request by four or more Commission members. A
quorum of the Com- mission shall be in attendance before action of an official nature can be taken. A
quorum is at least one more than the number of the appointed members absent.
(B) Attendance of members. An appointed member who misses more than three consecutive
regular meetings loses his status as a member of the Commission until reappointed or replaced by the
governing body of the unit. Absences due to sickness, death, or other emergencies of like nature
shall be regarded as approved absences and shall not affect the member's status on the Commission
except that in the event of a long illness, or other such cause for prolonged absence, the member may
be replaced.
('75 Code, §§ 2.99 and 2.100) (Ord. passed 4-17-75)
§ 96.20 OFFICERS; DUTIES.
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(A) Election; terms. There shall be a Chairman, Vice -Chairman, and Secretary of the Commission.
An annual election of the Chairman and Vice -Chairman shall be held by the Commission members
and shall occur at the regular monthly meeting in June. Officers shall serve for one year from election
with eligibility for re-election. New officers shall take office at the subsequent regular meeting in July.
In the event an officer's appointment to the Commission is terminated, a replacement to this office
shall be elected by the Commission, from its membership, at the meeting following the termination.
(B) Duties.
(1) The Commission Chairman shall preside at all meetings and sign all documents relative to
action taken by the Commission. The Chairman shall appoint all subcommittees including a
nominating committee composed of two Commission members. A nominating committee shall be
appointed at least 30 days prior to the June meeting and shall prepare a single slate of nominees,
from the membership of the Commission, for the officers of the Commission.
(2) When the Chairman is absent, the Vice- Chairman shall perform the duties of the Chairman.
When both the Chairman and Vice -Chairman are absent, a temporary Chairman shall be selected by
those members who are present.
(3) The Town Recreation Coordinator shall serve as Secretary to the Commission. He may
delegate all or part of these duties to another Department employee with the approval of the
Commission but shall hold the office of Secretary and shall be held responsible for the satisfactory
accomplishment of the secretarial duties. The Secretary shall mail to all members copies of official
reports and the official minutes of all regular and special meetings prior to the next scheduled meeting.
('75 Code, §§ 2.102 and 2.103) (Ord. passed 4-17-75)
§ 96.21 COMMITTEES.
(A) The Executive Committee shall consist of the Chairman, Vice -Chairman, Secretary (Director),
and the representative from the governing body of the unit.
(B) The Commission Chairman is authorized to appoint such committees as, in the opinion of the
Commission, are needed.
(1) Standing Committee suggestions are as follows.
(a) Program and activities;
(b) Areas and structures;
(c) Budget;
(d) Personnel;
(e) Policies and procedures.
(2) Temporary and project committees shall be appointed as needed.
('75 Code, § 2.104) (Ord. passed 4-17-75)
§ 96.22 BYLAWS.
Operational policies and procedures may be incorporated into a set of bylaws as developed and
approved by the Commission in line with this subchapter and the policies of the town.
('75 Code, § 2.105) (Ord. passed 4-17-75)
§ 96.23 GRANTS AND CONTRIBUTIONS.
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The Recreation and Parks Commission may recommend acceptance, to the town of any proper
grant, gift, bequest or donation of any personal or other property offered or made for recreation
purposes and, with the governing body's approval, may accept any grant, gift, or devise of real estate.
Any gift, bequest of money or of other personal or real property, or any grant or devise shall be held,
by the Department, used and finally disposed of in accordance with terms or conditions under which
such grant, gift or devise is made and accepted.
('75 Code, § 2.106) (Ord. passed 4-17-75)
§ 96.24 FINANCES AND FUNDING.
(A) Budget request. The Manager and the Board of Aldermen shall receive the annual budget
recommendations of the Commission and the request of the Recreation and Parks Department and
shall appropriate an annual budget to be used in defraying the costs and expenses of the operation of
the Recreation and Parks Department. These funds will be expended in a manner to further promote
the health, happiness, safety, moral and economic interest of the citizens of the community through
planned recreation services, recreation areas, community recreation coordination, recreation
structures and programs.
(B) Appropriated monies; revenue producing activities. Appropriated monies for the Recreation
and Parks Department may be from general fund revenues derived as profit of a local sale of power;
from water, sewerage or other charges and fees; from all tax sources permitted under the State
Recreation Enabling Act; from monies from any local, general fund sources other than taxation; from
profits derived through any operation conducted by the unit; from all profits of the Department
revenue -producing activities; and from any gift, bequest, grant, or devise made to the unit, the
Recreation and Parks Commission and/or Department.
(C) Disbursement; fiscal year.
(1) The funds appropriated by the governing body and budgeted to the Recreation and Parks
Department shall be disbursed by the fiscal disbursing officer of the town in the same manner as are
funds for other departments of the unit, within the budgeted funds of the Department.
(2) The fiscal year of the Recreation and Parks Department shall conform to the fiscal year of the
town.
('75 Code, §§ 2.107 and 2.108) (Ord. passed 4-17-75)
Section
CHAPTER 97: STREETS AND SIDEWALKS
Damaging Streets and Sidewalks
97.01 Cutting; permit required; fees
97.02 Sidewalk construction
97.03 Street repair; openings to be filled
97.04 Machine or tool likely to injure streets prohibited
97.05 House moving
97.06 Damage to bridge and culverts
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97.07
Damage to lights and signs
Obstructions
97.15
Placing objects on streets and sidewalks
97.16
Display of goods prohibited
97.17
Construction near sidewalk
97.18
Sheds and awnings
97.19
Railroad crossings; regulation
97.20
Fences near sidewalks
97.21
Assembling on streets
97.22
Injury to trees, shrubs or flowers
97.23
Opening crates on sidewalks prohibited
97.24
Filling stations
97.25
Building material on streets
97.26
Construction of doors to open out, across sidewalks or streets prohibited
97.27
Unlawful to block side ditches or gutters
97.28
Benches and chairs on sidewalk
97.29
Barbed wire fences
97.30
Gates opening on streets or sidewalks
Use and Cleanliness Regulations
97.45
Throwing or burning trash on street prohibited
97.46
Tree trimmings
97.47
Snow and ice removal
97.48
Bicycles, scooters and skateboards prohibited on sidewalks
97.49
Moving structures upon streets
97.50
Use of nails and tacks restricted
97.51
Playing games on streets prohibited
97.52
Driveways
97.53
Bootblack
97.54
Removal of grass in sidewalk; hedges to be trimmed
97.55
Writing or painting on sidewalks or streets
97.56
Vegetation along public way
97.57
Planting and protection of trees
97.58
Injury to trees, shrubs, or flowers
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97.59 Utility pole stipulations
Property Numbering
97.70 Numbering map
97.71 Numbering system
97.72 Town to furnish original numbers
97.73 Numbers for future buildings
97.74 Unlawful to deface number
97.75 Numbers for buildings in annexed areas
97.99 Penalty
Cross-reference:
Wooden awnings over sidewalks in Number One Fire District, see § 150.007
DAMAGING STREETS AND SIDEWALKS
§ 97.01 CUTTING; PERMIT REQUIRED; FEES.
(A) No person shall make any excavations, cut or make any other opening in any of the streets or
sidewalks of the town without first obtaining an on sight inspection and approval from the
Superintendent of Public Works. The Superintendent shall put the approval in writing and present it to
the Town Manager. The Town Manager shall then issue a permit to cut or open the street or sidewalk
in question. A fee in an amount as shall be determined from time to time by the Board of Aldermen,
as set forth in the town fee schedule, copies of which are available for public inspection in the office of
the Town Manager, shall be the cost of each permit.
(B) The fees for cutting streets or sidewalks shall be the actual cost of making the cut and replacing
the street or sidewalk.
(C) All fees collected for the purpose of opening or cutting of any street or sidewalk in the town
shall be paid into the general fund.
('75 Code, §§ 5.1 through 5.3) ('67 Code, Chapter J, Art. 5, §§ 2 and 3) (Am. Ord. passed 4-20-76)
§ 97.02 SIDEWALK CONSTRUCTION.
No sidewalk of any description shall be built by any individual, firm or corporation, of any brick,
wood, or other material without a written permit from the town.
('75 Code, § 5.4) Penalty, see § 97.99
§ 97.03 STREET REPAIR; OPENINGS TO BE FILLED.
(A) It shall be the duty of every person, firm or corporation, who shall open or dig a ditch, trench or
hole in any street, public alley or sidewalk of the town, to put the street, public alley or sidewalk in as
good condition in all respects as it was before.
(B) All openings made in any street or sidewalk under the provisions herein contained shall
immediately, upon the completion of the work, be filled in and the surface thereof made flush with the
adjacent surface. Any hard surface, macadam, or asphalt removed shall be replaced by the town at
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the expense of the applicant granted permission to open the street or sidewalk. Each day the opening
is left unfilled in violation of this section shall constitute a separate offense.
('75 Code, §§ 5.5 and 5.7) ('67 Code, Chapter J, Art. 5, § 5) Penalty, see § 97.99
§ 97.04 MACHINE OR TOOL LIKELY TO INJURE STREETS PROHIBITED.
It shall be unlawful for any person, firm or corporation to drag, or run, or cause to be dragged or run
any harrow or other implement, engine, machine or tool upon any asphalt, bithulitic, warrenite, or other
type of permanently paved street of the town which shall be liable, in any way to injure or cut the
surface thereof. It shall also be unlawful to injure any dirt street in the same manner.
('75 Code, § 5.8) Penalty, see § 97.99
§ 97.05 HOUSE MOVING.
No person shall move any house or building upon or across the public streets or sidewalks without
the written consent of the Manager and the deposit of a good and sufficient bond in an amount as
shall be determined from time to time by the Board of Alder- men, as set forth in the town fee
schedule, copies of which are available for public inspection in the office of the Town Manager, to
cover damage done to such street or sidewalk or to any property of any person.
('75 Code, § 5.9) Penalty, see § 97.99
§ 97.06 DAMAGE TO BRIDGE AND CULVERTS.
No person shall injure or misplace any part of any bridge, culvert, ditch and drain or other property
belonging to or used by the town, nor shall place any obstruction in any culvert, ditch or drain, to
prevent the free flow of water on or over the streets of the town.
('75 Code, § 5.10) Penalty, see § 97.99
§ 97.07 DAMAGE TO LIGHTS AND SIGNS.
No person shall injure, tamper with, remove or paint upon or deface any sign, sign post, street light,
traffic signal or bulletin board or other municipal property upon the streets and sidewalks except
employees of the town in performance of their duties.
('75 Code, § 5.11) Penalty, see § 97.99
OBSTRUCTIONS
§ 97.15 PLACING OBJECTS ON STREETS AND SIDEWALKS.
It shall be unlawful to build, erect, construct or place any porch, steps, fence, wall, or other
obstruction whatsoever in or over any of the streets or sidewalks, and it shall be unlawful to obstruct
any sidewalk or street with any buggy, wheelbarrow, wagon, automobile, truck or other vehicle,
railroad car, chair, bench, open gate, chicken coop, box or other article, provided that this section shall
not apply to baby carriages and invalid chairs rolled on the sidewalks in such manner as not to
obstruct the same; provided, further, that this section shall not apply to empty boxes, wrapping papers
and other articles placed on the sidewalk by abutting merchants for hauling to the town garbage
disposal site.
('75 Code, § 5.21) ('67 Code, Chapter J, Art. 1, § 3) Penalty, see § 97.99
§ 97.16 DISPLAY OF GOODS PROHIBITED.
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It shall be unlawful for any person to obstruct entirely or in part any sidewalk or street of the town by
placing thereon boxes, barrels, crates, tables, stands or other objects of obstruction for displaying,
offering for sale or selling goods, wares or merchandise thereon. All such obstructions upon any
sidewalk or street in the town shall be removed by the Chief of Police or under his instructions, and if
attended with any expense, shall be defrayed by the person so obstructing any such street or
sidewalk.
('75 Code, § 5.22) (Minute Book No. 13, pg. 136, Ord. passed 3-16-70) Penalty, see § 97.99
§ 97.17 CONSTRUCTION NEAR SIDEWALK.
(A) Before building or remodeling at any place where the same is in close proximity to the sidewalk,
a passageway shall be constructed so as to leave the sidewalk unobstructed and provide safe and
easy passage.
(B) Any person desiring to place upon any of the streets or sidewalks of the town material for the
construction of buildings shall first obtain written permission to do so from the Board, and immediately
upon the completion of the buildings, shall be required to remove all lumber, bricks, sand or litter of
any kind placed there while constructing the buildings.
(C) It shall be unlawful to build, erect, construct or hang in any manner any door, screen door or
gate so as to permit such door, screen door, or gate to open out, over or across any sidewalk or street
within the corporate limits of the town, provided, however, that this does not apply to doors or screen
doors hung in such manner at the time this section shall go into effect, nor to the repair or replacement
of such doors or screen doors.
('75 Code, §§ 5.23, 5.32 and 5.33) ('67 Code, Chapter J, Art. 1, §§ 14 and 15) Penalty, see § 97.99
§ 97.18 SHEDS AND AWNINGS.
No person shall erect or repair over any sidewalk or street any wooden shed or awning or any
wooden shed for the support of an awning or erect upon any street or sidewalk any post for the
support of any awning. If any person shall violate this section then each day that the above forbidden
structure shall remain after notice shall constitute a separate violation, provided that this shall not be
construed to prevent the erection over the sidewalk of cloth or metal awnings supported upon metallic
frames firmly suspended from the building, and at least seven feet above the level of the sidewalk.
('75 Code, § 5.24) Penalty, see § 97.99
§ 97.19 RAILROAD CROSSINGS; REGULATION.
(A) The Board may direct, control, and prohibit the laying of railroad tracks and switches in public
streets and alleys. All railroad tracks, crossings and bridges shall be constructed so as not to interfere
with drainage patterns or with the ordinary travel and use of the public streets and alleys.
(B) The costs of constructing, reconstructing, and improving public streets and alleys, including the
widening thereof, within areas covered by railroad cross -ties, including cross timbers, shall be borne
equally by the town and the railroad company. The costs of maintaining and repairing such areas after
construction shall be borne by the railroad company.
(C) At each railroad grade crossing hereinafter designated in this subsection, the railroad operating
trains or locomotives or rolling stock of any kind over such crossing shall maintain at all times suitable
crossing gates, which shall be closed when any train, locomotive or other rolling stock is passing over,
or approaching near to the crossing for the purpose of passing over, the same. The grade crossings
at which crossing gates shall be so maintained are located as provided in division (H) of this chapter,
which is hereby made a part of this section. In lieu of the foregoing, the railroad may install and
maintain highway grade crossing automatic flashing light signals with or without short arm gates.
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(D) At each railroad grade crossing hereinafter designated in this division, the railroad operating
trains, locomotives or rolling stock of any kind over the same shall either:
(1) Give timely warning of the approach of each train, locomotive or other rolling stock, by a
crossing watchman then on duty; or
(2) Cause each train, locomotive or other rolling stock to be brought to a stop before entering
onto the crossing and to be preceded by a flagman on foot who shall give timely warning that it is
about to enter upon the crossing. The grade crossings to which this subsection applies are provided
in division (1) of this section, which is hereby made a part of this section.
(E) At each railroad grade crossing hereinafter designated in this division, the railroad operating
trains, locomotives or other rolling stock of any kind over the same may install and maintain highway
grade crossing automatic flashing light signals, and such railroad operating trains, locomotives or
rolling stock of any kind over the crossing shall either:
(1) Give timely warning of the approach of each train, locomotive or other rolling stock by a
crossing watchman then on duty; or
(2) Cause each train, locomotive or other rolling stock to be brought to a stop before entering on
such crossing and to be preceded by a flagman on foot who shall give timely warning that it is about to
enter upon the crossing; or
(3) Install and maintain highway grade crossing automatic flashing light signals with or without
short arm gates. The grade crossings to which this section applies are provided in division (J) of this
section, which is hereby made a part of this section.
(F) The town shall bear 90% of the costs of warning signs, gates, lights, and other safety devices at
grade crossings, and the railroad company shall bear 10% of the costs. The costs of maintaining
warning signs, gates, lights, and other safety devices installed after January 1, 1972 shall be borne
equally by the town and the railroad company. The mainte- nance shall be performed by the railroad
company, and the town shall pay annually to the railroad company 50% of these costs. In maintaining
mainte- nance cost records and determining such costs, the town and the railroad company shall use
the same methods and procedures as are now or may hereafter be used by the Board of
Transportation.
(G) Bridges and underpasses.
(1) The Board may require that a grade crossing be eliminated and replaced by a railroad bridge
or by a railroad underpass, if the Board finds as a fact that the grade crossing constitutes an
unreasonable hazard to vehicular or pedestrian traffic. In such event, the town shall bear 90% of the
costs and the railroad company shall bear 10% of the costs. If the town constructs a new street which
requires a grade separation and which does not replace an existing street, the town shall bear all of
the costs. If a railroad company constructs a new track across at grade, or under, or over an existing
street, the railroad company shall pay the entire costs thereof. The town shall pay the costs of
maintaining street bridges which cross over railroads. Railroad companies shall pay the cost of
maintaining railroad bridges over streets, except that the town shall pay the costs of maintaining street
pavement, sidewalks, street drainage, and street lighting where streets cross under railroads.
(2) Whenever the widening, improving, or other changes in a street require that a railroad bridge
be relocated, enlarged, heightened, or otherwise reconstructed, the town shall bear 90% of the costs
and the railroad company shall bear 10% of the costs.
(H) Crossing gates required at the following grade crossings (see division (C)).
(1) Warning required by watchman or flagman at the following grade crossings (see division (D)).
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(J) Warning or automatic flashing light signals required at the following grade crossings (see
division (E)).
('75 Code, §§ 5.25 and 5.26) Penalty, see § 97.99
§ 97.20 FENCES NEAR SIDEWALKS.
No person shall place a fence, hedge or barbed wire strand within two feet of any sidewalk or upon
any curb.
('75 Code, § 5.27) ('67 Code, Chapter J, Art. 1, § 4) Penalty, see § 97.99
§ 97.21 ASSEMBLING ON STREETS.
It shall be unlawful to hold any auction sale on any street, except at designated places, without
permission of the Police or the Town Manager, and it shall be unlawful to attract a crowd on any street,
sidewalk or public thoroughfare so as to impede travel thereon, provided, that nothing herein
contained shall prohibit the preaching of the Salvation Army, or other similar preaching of the Gospel,
or speechmaking, or serenading of public rejoicing, or in political campaigns, under the control of the
police.
('75 Code, § 5.28) ('67 Code, Chapter J, Art. 1, § 6) Penalty, see § 97.99
§ 97.22 INJURY TO TREES, SHRUBS OR FLOWERS.
It shall be unlawful to pull down, out, deface with signs, break or in any way injure any of the trees,
shrubs or flowers on the streets, parks or squares.
('75 Code, § 5.29) ('67 Code, Chapter J, Art. 1, § 7) Penalty, see § 97.99
§ 97.23 OPENING CRATES ON SIDEWALKS PROHIBITED.
No person shall open boxes or crates on the streets or sidewalks.
('75 Code, § 5.30) ('67 Code, Chapter J, Art. 1, § 11) Penalty, see § 97.99
§ 97.24 FILLING STATIONS.
No curb gasoline pumps shall be allowed to be erected in the future. No gasoline filling station shall
be permitted to deliver gasoline, water, or air through filter pipes or hose across any sidewalk, nor
interfere in any way with traffic on any sidewalk.
('75 Code, § 5.31) ('67 Code, Chapter J, Art. 1, § 12) Penalty, see § 97.99
§ 97.25 BUILDING MATERIAL ON STREETS.
Any person desiring to place upon any of the streets or sidewalks of the town material for the
construction of buildings shall first obtain written permission to do so from the Board, and immediately
upon the completion of the buildings, shall be required to remove all lumber, bricks, sand or litter of
any kind placed there while constructing the buildings.
('75 Code, § 5.32) ('67 Code, Chapter J, Art. 1, § 14) Penalty, see § 97.99
§ 97.26 CONSTRUCTION OF DOORS TO OPEN OUT, ACROSS SIDEWALKS OR STREETS
PROHIBITED.
It shall be unlawful to build, erect, construct or hang in any manner any door, screen door or gate so
as to permit such door, screen door, or gate to open out, over or across any sidewalk or street within
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the corporate limits of the town, provided, however, that this does not apply to doors or screen doors
hung in such manner at the time this section shall go into effect, nor to the repair or replacement of
such doors or screen doors, nor to those doors that are clearly designated, according to applicable
standards, as emergency exits and used solely for that purpose.
('75 Code, § 5.33) ('67 Code, Chapter J, Art. 1, § 15) (Am. Ord., passed 11-2-98) Penalty, see § 97.99
§ 97.27 UNLAWFUL TO BLOCK SIDE DITCHES OR GUTTERS.
It shall be unlawful to cause or permit trash, debris or other matter to be placed or remain in any side
ditch or gutter on any street within the town limits which causes or will cause the side ditch or gutter
to become obstructed so as to prevent the free passage of water.
('75 Code, § 5.34) ('67 Code, Chapter J, Art. 1, § 16) Penalty, see § 97.99
§ 97.28 BENCHES AND CHAIRS ON SIDEWALK.
No person, firm, or corporation shall build, erect, construct, or place or maintain any benches or
chairs or other obstructions whatsoever in or over any of the streets or sidewalks of the town.
('75 Code, § 5.35) ('67 Code, Chapter J, Art. 1, § 18) Penalty, see § 97.99
§ 97.29 BARBED WIRE FENCES.
It shall be unlawful for any persons, firm, or corporation to construct or maintain on any premises
along any streets or alleys of the town any barbed wire or barbed wire fence, and each day any such
fence or barbed wire shall be suffered to remain in or along the line of any such street or alley shall
constitute a separate offense.
('75 Code, § 5.36) ('67 Code, Chapter J, Art. 1, § 20) Penalty, see § 97.99
§ 97.30 GATES OPENING ON STREETS OR SIDEWALKS.
No gate to any residence, lot or other enclosure in the town shall swing or open outward over the
street or sidewalk. Each day any gate is allowed to open outward over the sidewalk or street, shall
constitute a separate offense.
('75 Code, § 5.37) ('67 Code, Chapter J, Art. 5, § 13) Penalty, see § 97.99
USE AND CLEANLINESS REGULATIONS
§ 97.45 THROWING OR BURNING TRASH ON STREET PROHIBITED.
(A) No paper, straw, lemon peel, banana peel, watermelon rind or any trash of any kind shall be
thrown or swept upon any sidewalk or street of the town, nor shall any trash, refuse, or rubbish be
burned thereon.
(B) No person, firm or corporation shall deposit or cause to be deposited any yard waste, including
but not limited to leaves, grass clippings, twigs or limbs, within the right-of-way of any public street,
sidewalk, or storm drain. Nor shall anyone intentionally or inadvertently blow grass clippings into the
street, sidewalk or storm drain.
('75 Code, § 5.41) (Am. Ord. passed 9-8-03) Penalty, see § 97.99
Cross-reference:
Littering, see §§ 131.15 and 131.16
§ 97.46 TREE TRIMMINGS.
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It shall be unlawful for any person to place or allow to be placed any tree trimmings or shrubbery on
any street or sidewalk.
('75 Code, § 5.42) Penalty, see § 97.99
§ 97.47 SNOW AND ICE REMOVAL.
Every occupant of a store building in front of which the sidewalk is paved with stone, brick, asphalt,
or cement shall remove snow, ice, or other obstruction from such sidewalk at the earliest possible time
and as soon as the weather permits.
('75 Code, § 5.43) Penalty, see § 97.99
§ 97.48 BICYCLES, SCOOTERS AND SKATEBOARDS PROHIBITED ON SIDEWALKS.
It shall be unlawful for any person to ride a bicycle, scooter or skateboard on any sidewalk in the
business district of the town.
('75 Code, § 5.44) (Am. Ord. passed 7-10-89) Penalty, see 97.99
Cross-reference:
Traffic code, see Title Vll
§ 97.49 MOVING STRUCTURES UPON STREETS.
It shall be unlawful for any person, firm or corporation to move, or have moved, any house, building
or other structure upon the street, or streets of the town without first obtaining from the town a permit
to do so.
('75 Code, § 5.45) Penalty, see § 97.99
§ 97.50 USE OF NAILS AND TACKS RESTRICTED.
It is hereby declared unlawful for any person to drive any nails or tacks in the telephone, telegraph
or electric light poles, or in any house or store situated on any sidewalk or streets of the town except
with the permission of the owner first had and obtained.
('75 Code, § 5.46) Penalty, see § 97.99
§ 97.51 PLAYING GAMES ON STREETS PROHIBITED.
(A) No person shall play ball, marbles or other games on any of the streets or sidewalks.
(B) No person shall play baseball, townball, football or other games of similar nature on any public
street.
('75 Code, § 11.12) ('67 Code, Chapter H, Art. 1, § 8; Chapter J, Art. 1, § 9) Penalty, see § 97.99
§ 97.52 DRIVEWAYS.
(A) Driveway permit to be obtained by property owner. It shall be unlawful to install in any side
ditch any pipe or object for the purpose of providing a driveway onto property without first making
applica-tion therefor to the Superintendent of Streets. When application therefor is made, the
Superintendent of Streets will advise the size of pipe needed, and, if the property owner will provide or
cause to be furnished at his expense the required pipe, the town will install same without charge. No
pipe, except corrugated metal pipe or reinforced concrete pipe shall be permitted to be installed.
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(B) Concrete driveways to be constructed by property owners at their expense. Any person, firm or
corporation desiring to construct an entrance or driveway onto property located on a street on which
concrete curb and gutter exists shall apply to the Town Clerk for a permit. The entrance or driveway
shall be constructed at the expense of the property owner and in the following manner: the existing
curb and gutter shall be removed, preferably at joints so as to leave a smooth end for adjoining to the
new concrete. The entrance or driveway shall be of concrete (3,000 lb. strength or stronger), at least
six inches thick and at least 14 feet in width, unless unusual circumstances prevent, in which case the
Board shall determine the width. It shall be as nearly the same size and design as the curb and gutter
removed. Where concrete sidewalks are concerned, the entrance or driveway shall extend across the
full width of the sidewalk of the same thickness and quality concrete as that of the entrance. The work
shall be done in a workmanlike manner and under the supervision of the town.
('75 Code, §§ 5.48 and 5.49) ('67 Code, Chapter J, Art. 5, §§ 16 and 17) Penalty, see § 97.99
§ 97.53 BOOTBLACK.
No person shall operate as a bootblack or shine or polish shoes on any sidewalk of the town,
provided, however, that this shall not apply to bootblacks operating from portable boxes of less than
three cubic feet in size. No bootblack, whether operating from a licensed bootblack stand off the
sidewalk or from a portable box, shall operate or carry on business in the entrance to a place of
business in the town, or in front thereof, either on or off the sidewalk. "Place of business" shall be
defined as a place where business is ordinarily carried on, whether or not the place shall be occupied
at the time of violation of this section.
('75 Code, § 5.50) ('67 Code, Chapter J, Art. 1, § 17) Penalty, see § 97.99
§ 97.54 REMOVAL OF GRASS IN SIDEWALK; HEDGES TO BE TRIMMED.
The tenant or occupant, or if there be no tenant or occupant, the owner, agent, or custodian of any
building or lot of land bordering on any street in the town where there is a sidewalk, either paved or
unpaved, abutting thereon shall keep all grass and weeds removed from the sidewalk and shall keep
all hedges bordering thereon properly trimmed. Any person failing to comply with the provisions of
this section after three days' notice by the Chief of Police or any one under his authority to do so, shall
be guilty of violating this section and every day such violation shall continue shall constitute a separate
offense.
('75 Code, § 5.51) ('67 Code, Chapter J, Art. 1, § 19) Penalty, see § 97.99
§ 97.55 WRITING OR PAINTING ON SIDEWALKS OR STREETS.
It shall be unlawful, for any person, to write, paint, or place upon the paving or surface of any of the
sidewalks or streets of the town any words, pictures or advertisements of any kind whatsoever, or for
any person to cause the same to be done.
('75 Code, § 5.52) ('67 Code, Chapter J, Art. 1, § 21) Penalty, see § 97.99
§ 97.56 VEGETATION ALONG PUBLIC WAY.
(A) Every person, firm or corporation owning or occupying any premises in the town which adjoins
any sidewalk, street, or other public way maintained by the town shall keep all shrubbery, bushes, or
any other vegetation growth on the premises trimmed so that the vegetation does not hang over the
public way in such a manner as to constitute an obstruction to the public way. If the overhanging
vegetation cannot be trimmed so that it does not constitute an obstruction to the public way, then the
person, firm, or corpora-tion owning or occupying the premises shall remove the overhanging
vegetation in its entirety from the edge of the public way.
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(B) If any person, firm or corporation shall violate the provisions of division (A), it shall be the duty
of the Sanitation Department of the town to give notice to the owner or to any person in possession of
the premises in connection with which a violation of the preceding section exists directing that within
seven days from the date of such notice the overhanging vegetation constituting the obstruction shall
be trimmed so that it does not constitute an obstruction on any public way or else removed in its
entirety from the edge of the public way; provided, that if the overhanging vegetation is obstructing a
public way in such a manner as to create a dangerous condition which will admit of no delay in its
being trimmed or removed, the Sanitation Department may, without notice, proceed to trim the
vegetation so as to remove the obstruction and dangerous condition, or if such obstruction and
dangerous condition cannot be removed by trimming the vegetation, the sanitation department may
proceed to remove the vegetation in its entirety from the edge of the public way, and the costs thereof
shall be charged against the premises as provided below in division (E).
(C) The notice required by the preceding section shall be personally served on the owner of the
premises upon which the violation exists if such owner can be ascertained with reasonable diligence
and if he can with reasonable diligence be found within the town. If the name of such owner cannot be
ascertained or if he cannot with reasonable diligence be found in the town, then such notice shall be
personally served on any person in possession of the premises, or, if there is no person in possession
of the premises, by posting such notice on the premises. If the premises are owned by more than one
person, such notice may be served upon any person having any estate or interest in the premises and
such service shall be deemed a sufficient compliance with this section. If the premises are owned by a
corporation, such notice may be served upon any local officer or agent of the corporation. Any such
notice may be served by the Sanitation Department or by any police officer of the town when so
authorized by the Sanitation Department.
(D) Upon failure of the owner or person in possession of premises in connection with which a
violation of division (A) exists to trim or remove the vegetation thereon within the time indicated by the
notice, it shall be the duty of the Sanitation Department to have employees of the town go upon the
premises and trim the over -hanging vegetation so that it does not obstruct a public way, or if the
vegetation cannot be trimmed so that it does not constitute an obstruction, then it shall be the duty of
the Sanitation Department to have the vegetation removed in its entirety from the edge of the public
way. Neither the town nor any of its employees shall be held responsible for any damage resulting to
the premises or the vegetation thereon by reason of the town or its employees entering upon the
premises for the purpose of trimming or removing overhanging vegetation pursuant to this section or
by reason of the town or its employees actually trimming or removing overhanging vegetation
pursuant to this section.
(E) Upon completion of such trimming or removing of vegetation, the Sanitation Department shall
deliver to the Town Tax Collector a statement showing the actual cost of trimming or removing the
vegetation, in which statement, in addition to the costs of labor, hauling and other necessary items of
expense, there shall be included the sum of sufficient amount to cover costs of notice and the costs of
collection. The Town Tax Collector shall thereupon mail to the owner of the premises a bill covering
such costs, if with reasonable diligence the name and address of such owner can be ascertained, and
the amount of this bill shall become a lien upon the property constituting the premises upon which the
trimming or removing occurred, and if not paid within 30 days shall be collected as in the manner
provided for the collection of delinquent taxes.
(F) Any defect in the method of giving notice required by division (B), or in the form thereof, or the
giving of such notice to an improper person, shall not prevent the town, in any case where the work of
trimming or removing vegetation is actually done by the town, from collecting the costs thereof from
the owner, nor shall it affect the validity of the lien on such property for such costs.
(G) The trimming or removing of vegetation in accordance with the procedure prescribed in this
section shall not prevent the town from proceeding in a criminal action against any person, firm or
corpora- tion violating the provisions of division (A).
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('75 Code, § 5.53) ('67 Code, Chapter J, Art. 2) Penalty, see § 97.99
§ 97.57 PLANTING AND PROTECTION OF TREES.
Citizens may plant trees in front of their lots and around their lots on the sidewalks under the super-
vision of the Town Manager, provided that they shall not plant any that are detrimental to the town. No
trees shall be planted in the streets or gutters. No person shall cut or damage any tree upon the side-
walks of the town without the permission of the Town Manager or shall dig up or injure any tree or
shall tack or post any advertisement upon the trees of the town.
('75 Code, § 9.9) Penalty, see § 97.99
§ 97.58 INJURY TO TREES, SHRUBS, OR FLOWERS.
It shall be unlawful to pull down, out, deface with signs, break or in any way injure any of the trees,
shrubs or flowers on the streets, parks or squares.
('75 Code, § 5.29) ('67 Code, Chapter J, Art. 1, § 7) Penalty, see § 97.99
§ 97.59 UTILITY POLE STIPULATIONS.
(A) Permit required for placing poles. No pole for electric, telegraph, telephone or other purposes
shall be placed on any street of the town without a permit therefor being obtained from the town.
(B) Permits limited to single lines. No permit shall be issued for the erection of poles on any street
where there exists a line of poles on such street for the purpose of supporting electric, telephone, or
telegraph wires.
(C) By agreement, separate lines or wires on same poles. Whenever any electric, telephone or
telegraph company shall desire to place lines or wires along any particular street upon which it does
not have a line of poles, but upon which the street there exists a line of poles owned by another
company, then such companies may maintain their wires upon the same poles. If an agreement
cannot be reached between the companies owning the poles and the companies desiring to place
wires thereon, then the companies may submit the question of compensation to three disinterested
persons for arbitration, or they may submit the same to the Board for determination. This section shall
apply to poles owned by the town as well as poles owned by companies operating under franchises
from the town.
(D) Care and inspection of poles. It shall be the duty of the owners of all poles supporting electric,
telephone or telegraph wires, to keep the same in a safe condition, and for that purpose inspect the
same once every three months.
(E) Use of poles and underground conduits for town purposes. One duct in all underground
conduit systems shall be provided for the town free of charge for the town's police and fire alarm
telegraph system when required, and the town shall have the use of any and all poles on streets for
the same purposes.
('75 Code, §§ 5.12 through 5.16) ('67 Code, Chapter J, Art. 5, §§ 6 through 10) Penalty, see § 97.99
PROPERTY NUMBERING
§ 97.70 NUMBERING MAP.
The property numbering map entitled the "Property Numbering Map" of the town and dated October,
1954, is hereby adopted as the official property numbering map of the town, and all property numbers
assigned shall be assigned in accordance with this numbering map and no other property numbers
shall be used or displayed in the town except numbers assigned in accordance with official numbering
map. The property numbering map shall be kept on file in the office of the Town Clerk.
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('75 Code, § 5.61) ('67 Code, Chapter J, Art. 3, § 1)
§ 97.71 NUMBERING SYSTEM.
(A) On the property numbering map there shall be designated a North -South axis and an East-
West axis and all avenues, streets or alleys running generally north and south shall be numbered from
the East-West axis consecutively to the corporate limits or the extremity of such avenue, street, or
alley. Avenues, streets or alleys running generally east and west shall be numbered from the North -
South axis in the same manner. One hundred numbers shall be allowed to each block so that the
number of each consecutive block shall commence with consecutive hundreds and one.
(B) One whole number shall be assigned for every 50 feet of ground whether improved property or
vacant lot on every street within the corporate limits
except in the area designated by the Board as the business area in which one whole number shall be
assigned for every 20 feet of ground whether improved or not. Odd numbers shall be assigned to the
left side of the street and even numbers to the right side going away from the axis toward the
corporate limits.
('75 Code, § 5.62) ('67 Code, Chapter J. Art. 3, § 2) Penalty, see § 97.99
§ 97.72 TOWN TO FURNISH ORIGINAL NUMBERS.
The town will furnish at reasonable charge the original numbers for every residence and business or
other building in existence at the time of the adoption of this chapter. Every property owner of
improved property shall on or before October 31, 1956, display or cause to be displayed in a
conspicuous place on the property the number assigned by the Board. Every property owner of
improved property shall also at his expense purchase and display numbers to replace the original
numbers, when the original numbers become unreadable, the numbers to be the same type as
removed.
('75 Code, § 5.63) ('67 Code, Chapter J, Art. 3, § 3)
§ 97.73 NUMBERS FOR FUTURE BUILDINGS.
All residences and business buildings erected after the adoption of this chapter shall be assigned a
number in accordance with the numbering map and every owner of such new building shall purchase
and display such assigned number in a conspicuous place on the property, as soon as practicable
after the building is completed. The numbers shall be of a type approved by the Board.
('75 Code, § 5.64) ('67 Code, Chapter J, Art. 3, § 4)
§ 97.74 UNLAWFUL TO DEFACE NUMBER.
It shall be unlawful for any person to alter, deface or take down any number placed on any property
in accordance with this chapter, except for repair or replacement of such number.
('75 Code, § 5.65) ('67 Code, Chapter J, Art. 3, § 5) Penalty, see § 97.99
§ 97.75 NUMBERS FOR BUILDINGS IN ANNEXED AREAS.
From and after the date of the adoption of this chapter, all existing buildings in any area now or
hereafter annexed to the town will be furnished free of charge the original numbers for every
residence and business or other building requiring numbering under this chapter. Every property
owner of improved property in the annexed area shall within 90 days after annexation be assigned a
number in accordance with the numbering map to which such annexed area shall be added, and
every owner of such building shall display or cause to be displayed such assigned number in a
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conspicuous place on the property. All residences and business buildings erected after the date of
any annexation shall be assigned a number in accordance with the numbering map and every owner
of such new buildings shall purchase and display such assigned number in a conspicuous place on
the property as soon as practicable after building is completed. The numbers shall be of a type
approved by the Board.
('75 Code, § 5.66) ('67 Code, Chapter J, Art. 3, § 6)
§ 97.99 PENALTY.
(A) Unless otherwise specifically provided, if any person shall violate any provision of this chapter,
except any provision regulating the operation or parking of vehicles, he or she shall be punished as
provided in § 10.99 of this code.
(B) Any person violating the provisions of § 97.16 shall be subject to a fine of $5 and each and
every day that any such obstruction shall be made shall constitute a separate offense. (Minute Book
No. 13, pg. 136, Ord. passed 3-16-70)
(C) Violation of this §§ 97.28 and 97.53 shall constitute a misdemeanor, punishable by fine not
exceeding $10 nor imprisonment more than 30 days, or both, in the discretion of the Court, and each
day's violation shall constitute a separate offense.
(D) Any violation to § 97.45 shall be punishable per the table below:
First Offense
Warning letter
Second Offense
$25 fine
Third Offense
$50 fine
Fourth and Subsequent Offenses
$100 fine
('75 Code, §§ 5.35 and 5.49) ('67 Code, Chapter J, Art. 1, §§ 17 and 18) (Am. Ord. passed 9-8-03)
TLE XI: BUSINESS REGULATIONS
Chapter
110. BUSINESS LICENSES
111. ADVERTISEMENTS
112. ALCOHOLIC BEVERAGES
113. AMUSEMENTS
114. BUSINESSES; SANITARY PROVISIONS
115. PEDDLERS AND SOLICITORS
116. TAXICABS
CHAPTER 110: BUSINESS LICENSES
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Section
110.01 Definitions
General Provisions
License Tax
110.15 License tax levied
110.16 Tax collector; duties
110.17 License; due date
110.18 Application; false statement thereon
110.19 Proration of tax; seasonal businesses
110.20 Multiple businesses
110.21 Separate places of business
110.22 Display of license
110.23 Change in place of business
110.24 No abatement of tax
110.25 Effect of license
110.26 Exemptions
110.27 Unlawful to conduct business without a license
110.28 Collection of unpaid tax
110.29 Schedule of license taxes
110.30 Schedule of exemptions from privilege licenses
110.31 Wine and beer license
GENERAL PROVISIONS
§ 110.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
BUSINESS. Any trade, occupation, profession, business, franchise, or calling of any kind, subject
by the provisions of this ordinance to a license tax.
ENGAGED (OR ENGAGING) IN BUSINESS WITHIN THIS TOWN. A person is engaged in
business within the town when he engages in business activity of any type, either as owner or
operator of such business:
(1) By maintaining a business location within the town;
(2) By soliciting business within the town; or
(3) By picking up or delivering merchan- dise or performing services within the town.
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PERSON. Includes any individual, trustee, executor, other fiduciary, corporation, association,
partnership, company, firm, or other legal entity or agent thereof.
SEASONAL IN NATURE. When a business is taxed by this chapter on an annual basis, but is
operated within the town for less than six months of the year.
('75 Code, § 10.1) (Ord. 77-09, passed 6-13-77)
LICENSE TAX
§ 110.15 LICENSE TAX LEVIED.
A license tax is hereby levied on the privilege of engaging in every business within this town which is
listed in the schedule of taxes contained in § 110.29. Any person so engaged in business shall be
respon- sible for making certain that the applicable license tax is paid.
('75 Code, § 10.2) (Ord. 77-09, passed 6-13-77)
§ 110.16 TAX COLLECTOR; DUTIES.
(A) The Town Tax Collector is hereby designated as the proper Town Official to collect license
taxes and to issue privilege licenses. The Chief of Police shall approve any beer and wine licenses
before the Tax Collector issues them.
(B) The Tax Collector shall make any investiga- tion necessary to determine the tax liability of
persons engaged in business within the town. If necessary, the Tax Collector is authorized to enter
upon the premises of any business during normal business hours for the purpose of determining
whether this ordinance has been complied with.
('75 Code, § 10.3) (Ord. 77-09, passed 6-13-77)
§ 110.17 LICENSE; DUE DATE.
(A) Unless otherwise provided in the schedule of taxes in § 110.29, each privilege license issued
shall cover the 12-month period beginning July 1 of each calendar year and ending June 30 of the
subsequent calendar year.
(B) The privilege license tax is due on July 1 of each year. If, however a person begins a business
after July 1, the tax for that year must be paid before the business is begun.
('75 Code, § 10.4) (Ord. 77-09, passed 6-13-77)
§ 110.18 APPLICATION; FALSE STATEMENT THEREON.
(A) Every person desiring to obtain a license for the privilege of engaging in a business within this
town shall make application in writing to the Tax Collector. The application, to be made on a form
provided by the Tax Collector, shall contain the following information:
(1) Name and nature of the business for which the license is sought;
(2) The address where the business is conducted, and a mailing address for the business, if
different;
(3) The name and address of the person filling out the application, and his relationship to the
business;
(4) The gross receipts of the business for the most recently completed tax year, if applicable; and
(5) Any other information which the Tax Collector determines to be necessary.
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(B) Any person who willfully makes a false statement on a license application shall be guilty of a
misdemeanor.
('75 Code, § 10.5) (Ord. 77-09, passed 6-13-77)
§ 110.19 PRORATION OF TAX; SEASONAL BUSINESSES.
(A) Except when a tax is based on gross receipts, if a business is begun after January 31 but
before July 1, the tax shall be one-half of the amount otherwise due.
(B) Except when a tax is based on gross receipts, a person engaged in a business which is
seasonal in nature is liable for one-half of the amount of tax otherwise due.
('75 Code, § 10.6) (Ord. 77-09, passed 6-13-77)
§ 110.20 MULTIPLE BUSINESSES.
If a person is engaged in more than one business subject to a license tax under this chapter that
person shall pay the license tax prescribed in the tax schedule in § 110.29 for each business, even if
the businesses are conducted at the same business location.
('75 Code, § 10.7) (Ord. 77-09, passed 6-13-77)
§ 110.21 SEPARATE PLACES OF BUSINESS.
Unless otherwise provided by state law or by the tax schedule in § 110.29, if a person engages in a
business in two or more separate places, a separate license tax shall be required for each place of
business. For purposes of this section, if a person engages in the same business at two or more
locations within the town, which locations are contiguous, communicate with and open directly into
each other, and are operated as a unit, the person is liable for one one -license tax.
('75 Code, § 10.8) (Ord. 77-09, passed 6-13-77)
§ 110.22 DISPLAY OF LICENSE.
Each person issued a license under this chapter shall post the license in a conspicuous place in his
regular place of business. If there is no regular place of business, the license shall be kept where it
may be inspected at appropriate times by the Town Tax Collector. If a machine or other item of
personal property is licensed, the license shall be affixed to the machine or item.
('75 Code, § 10.9) (Ord. 77-09, passed 6-13-77)
§ 110.23 CHANGE IN PLACE OF BUSINESS.
If a person who has obtained a license for a business taxed under this article desires to move from
one business location to another within the town, the license which has been issued shall be valid for
the remainder of the license year at this new location, and no additional tax need be paid. Within a
reasonable time after the change in location, however, that person shall inform the Tax Collector of the
change in address.
('75 Code, § 10.10) (Ord. 77-09, passed 6-13-77)
§ 110.24 NO ABATEMENT OF TAX.
If a licensee discontinues a business before the end of the period for which the license was issued,
the license tax shall not be abated nor shall a refund of any part of the license tax be made.
('75 Code, § 10.11) (Ord. 77-09, passed 6-13-77)
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§ 110.25 EFFECT OF LICENSE.
The issuance of a license under this ordinance does not authorize the carrying on of a business for
which additional licenses or qualifications are required by state or local law, nor does the issuance of a
license prevent the town from enacting additional regulations applicable to the licensee.
('75 Code, § 10.12) (Ord. 77-09, passed 6-13-77)
§ 110.26 EXEMPTIONS.
(A) Any person who engages in business within the town for religious, educational, or charitable
purposes shall be exempt from paying any privilege tax levied by this subchapter.
(B) Any blind person engaging in business within this town shall be exempt from paying any
privilege license tax levied by this subchapter, to the extent provided by G.S. § 105-249.
(C) Any person serving in any branch of the armed forces of the United States or in the merchant
marine, and desiring to engage in business within this town, shall be exempt from paying any privilege
license tax levied by this subchapter during the period of such service, to the extent provided by G.S.
§ 105-249.1.
('75 Code, § 10.13) (Ord. 77-09, passed 6-13-77)
§ 110.27 UNLAWFUL TO CONDUCT
BUSINESS WITHOUT A LICENSE.
(A) It shall be unlawful for any person to engage in a business within this town upon which a
privilege license tax is specified in § 110.29. Violators shall be guilty of a misdemeanor. Each day that
a person engages in business in violation of this section constitutes a separate offense.
(B) The town may seek an injunction against any person engaging in business in violation of this
section.
(C) A conviction under this section does not relieve a person of his liability for the license tax or
taxes imposed by this subchapter.
('75 Code, § 10.14) (Ord. 77-09, passed 6-13-77) Penalty, see § 110.99
§ 110.28 COLLECTION OF UNPAID TAX.
(A) If a person begins or continues to engage in a business taxed under this subchapter without
payment of the required privilege license tax, the Tax Collector may use either of the following
methods to collect the unpaid tax:
(1) The remedy of levy and sale or attach- ment and garnishment, in accordance with G.S. §
160A-207; or
(2) The remedy of levy and sale of real and personal property of the taxpayer in accordance with
G.S. § 105-109(d).
(B) Any person who begins or continues to engage in a business taxed under this subchapter
without payment of the tax is liable for an additional tax of 5% of the original tax due for each 30 days
or portion thereof that the tax is delinquent.
('75 Code, § 10.15) (Ord. 77-09, passed 6-13-77)
§ 110.29 SCHEDULE OF LICENSE TAXES.
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A license tax shall be levied and collected for the privilege of engaging in business inside the
corporate limits of the town, in an amount as shall be determined from time to time by the Board of
Aldermen, as set forth in the town fee schedule, copies of which are available for public inspection in
the office of the Town Manager.
('75 Code, § 10.16) (Ord. 77-09, passed 6-13-77; Am. Ord. passed 5-6-91)
§ 110.30 SCHEDULE OF EXEMPTIONS FROM PRIVILEGE LICENSES.
The following businesses, occupations, and items of personal property are exempted by state law
from municipal privilege license taxation:
Accountants, public; Adding machines; Addressograph machines; Alarm systems; Architects;
Attorneys -at -law; Auctioneers; Banks; Billing machines; Blind persons; Bondsmen; Bookkeeping
machines; Building and Loan Associations; Burglar alarms; Bus companies; Cash registers;
Chiropodists; Chiropractors; Copying machines; Cooperative marketing associations; Credit reporting
agencies; Dentists; Doctors; Engineers; Healing, art of; Installment paper dealers; Insurance
agencies; Landscape architect; Land surveyor; Lighting systems; Mercantile agencies; Mortician,
embalmer; Motion picture manufacturer, distributors; Motor fuels, wholesale distributors; Multigraph
machine; News dealers on trains; Oculists; Opticians; Optometrists; Pest control; Physicians;
Photocopying machines; Photographers; Private detectives and guards; Railroads; Real estate loan
brokers; Real estate agents; Refrigerating machines; Sewing machines; Soft drink manufacturers and
bottlers; Surgeons; Tabulating machines; Typewriters; Utility companies; Vacuum cleaners; Vending
machines; Veterinarians; Washing machines.
('75 Code, § 10.17) (Ord. 77-09, passed 6-13-77; Am. Ord. passed 5-6-91)
§ 110.31 WINE AND BEER LICENSE.
Wine and beer licenses shall cost an amount as shall be determined from time to time by the Board
of Aldermen, as set forth in the town fee schedule, copies of which are available for public inspection
in the office of the Town Manager.
('75 Code, § 10.18) (Ord. 77-09, passed 6-13-77; Am. Ord. passed 5-6-91)
Statutory reference:
For provisions governing local beer and wine licenses, see G.S. §§ 105-113.77 through 105-113.79
Cross-reference:
Alcoholic beverages, see Chapter 112
Section
CHAPTER 111: ADVERTISEMENTS
111.01 Posting advertisements on others' property.
111.02 Advertising on streets
111.03 Marking or painting advertising on sidewalks and streets prohibited
111.04 Posting of hand bills on poles prohibited
§ 111.01 POSTING ADVERTISEMENTS ON OTHERS' PROPERTY.
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No person shall post any bills, signs, or advertisements on any buildings, fences or other property
belonging to another without the consent of the owner thereof. Such consent shall be secured in
writing, and such written consent shall be exhibited by the person having the same to any police
officer on demand.
('75 Code, § 11.24) ('67 Code, Chapter H, Art, 2, § 10) Penalty, see § 10.99
§ 111.02 ADVERTISING ON STREETS.
No person shall advertise any article or articles of any kind for sale by crying out the same on the
streets or sidewalks. No person shall advertise any article of any kind, or any event of any kind, by
crying out the same or by using therefor any megaphone, bell, horn or other noisemaking device on
any street or sidewalk.
('75 Code, § 11.30) ('67 Code, Chapter H, Art. 2, § 8) Penalty, see § 10.99
§ 111.03 MARKING OR PAINTING ADVERTISING ON SIDEWALKS AND STREETS PROHIBITED.
It shall be unlawful to advertise, or attempt to advertise, by marking or painting on any of the streets
or sidewalks.
('75 Code, § 11.32) ('67 Code, Chapter H. Art. 2, § 9) Penalty, see § 10.99
§ 111.04 POSTING OF HAND BILLS ON POLES PROHIBITED.
It shall be unlawful for any person, firm or corporation to place hand bills or circulars for advertising
purposes in or upon any motor vehicle, or on posts erected along the streets for electric power and
telephone purposes. Its shall also be unlawful for any person to indiscriminately scatter such
advertising matter on the public streets or upon private premises.
('75 Code, § 11.33) ('67 Code, Chapter H, Art. 2, § 11) Penalty, see § 10.99
Section
CHAPTER 112: ALCOHOLIC BEVERAGES
112.01 Beer and wine sales regulated
112.02 Unlawful to sell whiskey or spirituous liquors
112.99 Penalty
§ 112.01 BEER AND WINE SALES REGULATED.
It shall be unlawful for any person, firm, establishment, or corporation to sell beer or wine on
premises within the corporate limits of the town from 1:00 a.m. on each Sunday until 7:00 a.m. on the
following Monday. It shall be unlawful for any person, firm, establishment, or corporation to sell beer
or wine off premises within the corporate limits of the town from 1:00 a.m. on each Sunday until 7:00
a.m. on the following Monday. Sales of beer and wine within the corporate limits of the town off or on
premises is permitted from 1:00 p.m. Sunday until 12:00 p.m. on each Sunday.
('75 Code, § 10.81) (Ord. passed 5-19-75; Am. Ord. passed 5-22-89) Penalty, see § 112.99
Cross-reference:
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Wine and beer license, see § 110.31
§ 112.02 UNLAWFUL TO SELL WHISKEY OR SPIRITUOUS LIQUORS.
It shall be unlawful for any person, firm or corporation, licensed by the town to operate a place of
business within the corporate limits of the town, to sell or offer to sell, or knowingly permit the sale or
offering for sale of, any alcoholic beverage, including but not limited to beer, wine, whiskey, and
spirituous liquors, whether tax -paid or non -tax -paid, at such place of business.
('75 Code, § 11.39) (Minute Book No. 12, pg. 212) Penalty, see § 112.99
§ 112.99 PENALTY.
Violation of this chapter shall constitute a Class 3 misdemeanor, punishable by fine of not more than
$50, or imprisonment for not more than 30 days, or both, in the discretion of the Court. Conviction
shall result in the automatic forfeiture of license and issuance of any new license to one so convicted;
for the operation of the same or any other business within the town, shall be within the discretion of
the Board. This section shall not apply to the lawful sale of beer and wine, license for the sale of which
has been granted by the Board.
('75 Code, § 11.39) (Minute Book No. 12, pg. 212)
Section
CHAPTER 113: AMUSEMENTS
Game Rooms
113.01
Definitions
113.02
Licenses required
113.03
Restrictions
113.04
Prohibited conduct
113.05
Rules for operation of game rooms
113.06
Revocation of license
Pool Rooms and Bowling Alleys
113.15 License required
113.16 Application for license
113.17 Restrictions
113.18 Form and content of license
113.19 Certain prohibitions to be observed by licensee and employees
113.20 Rules for operation of pool rooms
113.21 Licensee responsible
113.22 Revocation of license
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GAMEROOMS
§ 113.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
GAME ROOM. Any place of business that principally operates mechanical games or pay devices or
tables for which charge is made either directly or indirectly. Examples of game rooms, by way of
illustration and not limitation, are bowling alleys, pool rooms, billiard halls, amusement centers, and
the like.
('75 Code, § 10.85) (Ord. 77-03, passed 2- -77)
§ 113.02 LICENSES REQUIRED.
(A) Every operator of a game room shall be required to pay a privilege license tax in accordance
with Chapter 110.
(B) In addition, every operator of a game room shall apply for and obtain a license from the Town
Manager and Chief of Police to operate a game room. Application for the license shall be made upon
forms provided by the Town Clerk.
(C) It shall be unlawful to operate a game room within the town without a license as required by
division (B).
('75 Code, § 10.86) (Ord. 77-03, passed 2- -77) Penalty, see § 10.99
§ 113.03 RESTRICTIONS.
The Town Manager and Chief of Police shall not issue a license to any applicant who:
(A) Has been convicted of unlawfully selling intoxicating liquors or narcotic drugs;
(B) Is not a resident of North Carolina;
(C) Is of immoral character; or
(D) Is a habitual user of intoxicating liquor or narcotic drugs.
('75 Code, § 10.87) (Ord. 77-03, passed 2- -77)
§ 113.04 PROHIBITED CONDUCT.
Licensees under this chapter and their employees shall not:
(A) Suffer or permit any gambling on the licensed premises at any time; nor the sale or use of any
racing, football, or other parlay cards or gambling boards or devices;
(B) Suffer or permit the licensed premises to become disorderly; or permit any profane, obscene, or
indecent language thereon;
(C) Suffer or permit any intoxicating liquors or narcotic drugs to be sold or kept or consumed on the
licensed premises;
(D) Employ in carrying on the business any person who has been convicted of unlawfully selling
intoxicating liquors or narcotic drugs.
('75 Code, § 10.88) (Ord. 77-03, passed 2- -77) Penalty, see § 10.99
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§ 113.05 RULES FOR OPERATION OF GAME ROOMS.
The following rules shall be observed by all operators of game rooms within the town:
(A) All game rooms shall be closed from 11:00 p.m. until 7:00 a.m. Monday through Thursday and
shall close at 12:00 midnight on Fridays and Saturdays.
(B) No play on any game shall be allowed during the times when game rooms are required by this
subchapter to remain closed.
(C) Game rooms shall remain closed on Sundays, except 1:00 to 11:00 p.m.
(D) All game rooms shall be operated only on the ground floor of a building, and plate glass
windows shall be in those parts of the building facing any street, so that a clear view inside may be
had from the street.
(E) No screens, curtains, blinds, partitions, or other obstructions shall be placed between the
entrance to the room where games are played and the rear wall of such room. A clear view of the
interior from the street shall be maintained.
(F) No loud noises shall be allowed to emanate beyond the licensed premises.
(G) There must bean adult (18 years of age or older) managing the business on the premises
during hours of operation at all times.
('75 Code, § 10.89) (Ord. 77-03, passed 2- -77) Penalty, see § 10.99
§ 113.06 REVOCATION OF LICENSE.
After giving the operator of a game room adequate notice and an opportunity to be heard, the Town
Manager and Chief of Police may revoke the license of any game room operator who:
(A) Violates the provisions of §§ 113.04 or 113.05; or
(B) Is convicted of unlawfully selling intoxicating liquor or narcotic drugs.
('75 Code, § 10.90) (Ord. 77-03, passed 2- -77; Am. Ord. passed 3-15-82) Penalty, see § 10.99
POOL ROOMS AND BOWLING ALLEYS
§ 113.15 LICENSE REQUIRED.
No person shall maintain or operate any pool or billiard table, bowling alley, or other table or alley for
any game or play for which a charge is made, either directly or indirectly, unless he shall first have
secured a license from the Board to do so. Such license shall expire on June 30 each year and shall
not be transferable.
('75 Code, § 10.61) Penalty, see § 10.99
§ 113.16 APPLICATION FOR LICENSE.
Applications for such license shall be made upon forms provided by the Town Clerk, and shall
contain all information necessary for the Board to act intelligently upon such applications.
('75 Code, § 10.62)
§ 113.17 RESTRICTIONS.
The Board shall not issue such license to any person:
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(A) Who has been convicted of unlawfully selling intoxicating liquors or narcotic drugs; or
(B) Who is not a citizen and resident of the state; or
(C) Who is of immoral character; or
(D) Who is a habitual user of intoxicating liquor or narcotic drugs.
('75 Code, § 10.63)
§ 113.18 FORM AND CONTENT OF LICENSE.
Every license issued pursuant to this subchapter shall specify the premises for which it is issued, the
number of tables or alleys to be operated thereunder, the name of the owner or operator, and the date
upon which the license begins and shall expire. Such license shall be posted in a prominent place on
the premises at all times.
('75 Code, § 10.64)
§ 113.19 CERTAIN PROHIBITIONS TO BE OBSERVED BY LICENSEE AND EMPLOYEES.
Licensees under this subchapter shall not, and neither shall their employees:
(A) Suffer or permit any gambling on the licensed premises at any time; nor the sale or use
of any racing, football, or other parlay cards or gambling boards;
(B) Suffer or permit the licensed premises to become disorderly; or permit any profane, obscene, or
indecent language thereon;
(C) Suffer or permit any intoxicating liquors or narcotic drugs to be sold or kept or consumed on the
licensed premises;
(D) Suffer or permit any person under the age of 16 years to enter or remain upon the licensed
premises, unless such person be accompanied by his parent or guardian;
(E) Employ in carrying on the business any person who has been convicted of unlawfully selling
intoxicating liquors or narcotic drugs; or,
(F) Suffer or permit any keeley board, keno board, or any other such board or device to be
attached to or placed upon any pool or billiard tables.
('75 Code, § 10.65) Penalty, see § 10.99
§ 113.20 RULES FOR OPERATION OF POOL ROOMS.
The following rules shall be observed by all operators of pool rooms within the town.
(A) All pool rooms shall close at 1:00 a.m. each morning, Monday through Friday and 12:00
midnight on Saturdays and no person other than the owner, operator or employees shall be permitted
on the premises from that hour until 7:00 a.m. the following morning.
(B) No play on any table shall be allowed during the times when poolrooms are required by this
subchapter to remain closed.
(C) Pool rooms shall remain closed on Sundays.
(D) All pool rooms shall be operated only on the ground floor of a building, and plate glass windows
shall be in those parts of the building facing any street, so that a clear view inside may be had from
the street.
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(E) No screens, curtains, blinds, partitions, or other obstructions shall be placed between the
entrance to the room where pool is played and the rear wall of such room. A clear view of the interior
from the entrance to the rear of the room must be maintained at all times.
(F) No partitions forming rooms, stalls, or other enclosures where the public congregates shall be
permitted, provided that this shall not be construed so as to prohibit the maintenance of closets used
exclusively for storage purposes, or of toilets.
(G) There shall not be permitted or maintained any open or secret connections through doors,
windows, trap doors, hidden doors, panels, stairways, or other devices with any place where gambling
is conducted or where persons meet or congregate for immoral purposes.
('75 Code, § 10.66) Penalty, see § 10.99
§ 113.21 LICENSEE RESPONSIBLE.
The acts and conduct of the agents and employees of the licensee in the conduct of the business
shall be deemed to be the acts and conduct of the licensee.
('75 Code, § 10.67)
§ 113.22 REVOCATION OF LICENSE.
A second conviction of a licensee, or his agent or employee, for any violation of any provision of this
subchapter shall by operation of law constitute an automatic revocation of the license of such
licensee. In addition, the Board may at any time, for cause, and after a hearing, of which such licensee
shall be given such reasonable notice as the Board may direct, revoke any license issued pursuant to
this subchapter.
('75 Code, § 10.68)
Section
CHAPTER 114: BUSINESSES; SANITARY PROVISIONS
114.01 Protection of food from flies
114.02 Business kept in sanitary condition
114.03 Serving of drink and ice cream
§ 114.01 PROTECTION OF FOOD FROM FLIES.
All dealers in cooked provisions, dressed poultry, fish, meats, fruits, vegetables and produce,
merchandise or other commodity of whatever nature sold for food shall have all buildings where such
articles are kept for sale screened with wire doors and windows against flies, and no such articles
shall be exposed outside of the place of business, except under a wire screen sufficiently fine to
prevent flies from getting upon same.
('75 Code, § 9.16) Penalty, see § 10.99
§ 114.02 BUSINESS KEPT IN SANITARY CONDITION.
(A) All persons doing business in the town shall keep their premises in a sanitary condition.
Garbage, including fish boxes, decayed meats, fruits, vegetables or any other thing which attracts flies
or creates offensive odors, shall be burned or removed.
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(B) All drug stores, drink stands, restaurants, markets, barbecue stands and barber shops must be
kept in a sanitary condition. Any place declared unsanitary by the Health Officer shall be immediately
closed and remain closed until put in a sanitary condition.
('75 Code, §§ 9.17 and 9.18) Penalty, see § 10.99
§ 114.03 SERVING OF DRINK AND ICE CREAM.
All drug stores and drink stands or other public drinking places where drinks and ice cream are
served to the public shall use individual sanitary cups and spoons.
('75 Code, § 9.19) Penalty, see § 10.99
Section
CHAPTER 115: PEDDLERS AND SOLICITORS
115.01 Permit required
115.02 Application for permit
115.03 Issuance of permit, possession and exhibition
115.04 Appeal from refusal to issue permit
115.05 Duration and renewal.
115.06 Transfer of permit
115.07 Revocation of permit
115.08 Exceptions
115.09 Refusing to leave
115.10 Entrance to premises restricted
115.11 Hours of operation
§ 115.01 PERMIT REQUIRED.
It shall be unlawful for any person, firm, or corporation, without first obtaining a permit as hereinafter
provided, to go in or upon or permit its representatives to go in or upon any private residence or
premises in the town as solicitor, peddler, hawker, itinerant merchant, or transient vendor of merchan-
dise, not having been requested or invited so to do by the occupants of the private residence or
having secured their permission so to do for the purpose of soliciting orders for the sale of goods,
wares, periodicals or merchandise, or for the purpose of distributing, disposing of, peddling or hawking
the same.
('75 Code, § 10.71) Penalty, see § 10.99
§ 115.02 APPLICATION FOR PERMIT.
Any person, firm, or corporation desiring to engage in the business or practices referred to in §
115.01 hereof shall file with the Town Manager, or his or her designee, an application for a permit to
do so. The application shall be in writing, under oath, and shall show the applicant's name, age,
fingerprints, current address and his place of residence and nature of employment during the
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preceding year, the address and nature of business of his employer or principal, if any, and shall
specify in detail the goods, wares, periodicals or other merchandise to be offered for sale and shall
state whether or not the applicant has been convicted of any crime involving moral turpitude and if so
the nature of the crime and the place and time of conviction. The applicant shall also furnish at the
time of filing his application, a photograph made within one year of the date of the application. The
applicant shall also give to the Town Manager, or his or her designee, at the time of the filing of the
application such other information requested as may be of assistance in passing upon the
qualifications of the applicant, including, but not limited to, a current national criminal background
check. If the application is filed by an employer there shall also be filed a separate application for each
solicitor giving the information set forth above as to the qualifications of the solicitor and the same
shall be signed and sworn to by each solicitor and a separate permit shall be issued for each
applicant.
('75 Code, § 10.72) (Am. Ord. passed 10-3-16)
§ 115.03 ISSUANCE OF PERMIT, POSSESSION AND EXHIBITION.
If, upon investigation reasonably made, the Town Manager, or his or her designee, ascertains and
determines that the applicant for a permit, as herein required, is a person of good moral character and
proposes to engage in a lawful commercial or professional enterprise during hours that will not unduly
disturb the occupants of residences, the Town Manager, or his or her designee, shall issue to him a
permit to engage in such business which permit shall contain substantially the in formation set forth in
his application and to which shall be attached the applicant's photograph and fingerprints. Such
permit shall be carried at all times by the applicant to whom issued when soliciting or canvassing in
the town and shall be exhibited by such applicant whenever requested to do so by any police officer or
any person solicited. If the Town Manager, or his or her designee, shall, upon investigation, determine
that the applicant is not a person of good moral character and that he does not propose to engage in a
lawful commercial or professional enterprise during hours reasonably convenient for the occupants of
residences, he shall refuse to issue the permit.
('75 Code, § 10.73) (Am. Ord. passed 10-3-16)
§ 115.04 APPEAL FROM REFUSAL TO ISSUE PERMIT.
Upon the refusal of the Town Manager, or his or her designee, to grant a permit as hereinbefore
required, the applicant thereafter may appeal to the Board and if the Board shall be satisfied that the
applicant and his proposed business and hours of work meet the requirements herein set forth it shall
direct the Town Manager, or his or her designee, to issue the permit, otherwise, the same shall be
refused.
('75 Code, § 10.74) (Am. Ord. passed 10-3-16)
§ 115.05 DURATION AND RENEWAL.
The Town Manager, or his or her designee, shall determine from the application and from such facts
as may be developed in connection with such application the period for which such permit shall be
approved and granted, provided, however, that such period shall in no case exceed 12 calendar
months. Upon the expiration of the permit the Town Manager, or his or her designee, may, upon
application filed in the form and giving the information required in the original application, renew and
extend such permit for additional periods not to exceed 12 calendar months for any period.
('75 Code, § 10.75) (Am. Ord. passed 10-3-16)
§ 115.06 TRANSFER OF PERMIT.
No permit approved and issued as herein provided shall be transferable.
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('75 Code, § 10.76)
§ 115.07 REVOCATION OF PERMIT.
If it should thereafter appear that the facts set forth in the applicant's application are untrue or if the
applicant is thereafter convicted of a crime involving moral turpitude, or if he engages in business
other than as set forth in his permit or fails to utilize the same in good faith and for the purpose issued,
the permit shall be revoked by the Town Manager, or his or her designee, and from the revocation the
applicant may, if he desires, appeal to the Board.
('75 Code, § 10.77) (Am. Ord. passed 10-3-16)
§ 115.08 EXCEPTIONS.
The provisions of this chapter shall not apply to the sale or solicitation of farm or dairy products by
the producer or to organizations or representatives of organizations organized and operated
exclusively for educational, benevolent, religious, fraternal, charitable or civic purposes and not
operating for profit and where such solicitations or sales are made without remuneration to the
solicitor.
('75 Code, § 10.78)
§ 115.09 REFUSING TO LEAVE.
Any peddler who enters upon premises owned, leased, or rented by another and refuses to leave
such premises after having been notified by the owner or occupant of such premises, or his agent, to
leave the same and not return to such premises shall be deemed guilty of a misdemeanor.
(Ord. passed 10-3-16)
§ 115.10 ENTRANCE TO PREMISES RESTRICTED.
It shall be unlawful for any peddler to enter upon any private premises when such premises are
posted with a sign stating "No Peddlers Allowed" or "No Solicitations Allowed" or other words to that
effect.
(Ord. passed 10-3-16)
§ 115.11 HOURS OF OPERATION.
It shall be unlawful for any peddler to engage in the business of peddling within the town between
the hours of one-half hour before sunset and 9:00 a.m. the following morning, or at any time on
Sundays, except by specific appointment with or invitation from the prospective customer.
(Ord. passed 10-3-16)
Section
CHAPTER 116: TAXICABS
General Provisions
116.01 Definitions
Certificate of Public Convenience and Necessity
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116.15 Certificate required
116.16 Application; fee
116.17 Determination of public convenience and necessity
116.18 Issuance standards and procedures
116.19 Term
116.20 Revocation
116.21 Transfers and the like
116.22 Display
Vehicle Permit
116.35
Permit required
116.36
Application
116.37
Transfer
116.38
Vehicle Inspector
Driver's Permit
116.50 Permit required; fee
116.51 Application
116.52 Persons eligible
116.53 Investigation and issuance
116.54 Issuance standards; hearing or denial
116.55 Temporary driver permit
116.56 Expiration and renewal
116.57 Posting; to remain property of the city; replacement
116.58 Suspension
116.59 Revocation
116.60 Appeals to the Board of Aldermen
Operational Rules and Regulations
116.70 Insurance
116.71 Reports by certificate holder
116.72 Limitation on hours of driving
116.73 Receiving and discharging passengers
116.74 Two doors for passengers required
116.75 Prohibited practices, generally
116.76 Vehicle upholstery
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GENERAL PROVISIONS
§ 116.01 DEFINITIONS.
DRIVER or OPERATOR. Any person who actually drives or operates a cab or taxicab on the
streets of the city for hire.
FIRM. An owner engaged in the operation of taxicabs under a tradename.
OWNER. Any person holding legal right to possession and management, to one or more vehicles
being operated as a taxicab.
TAXICAB. A passenger motor vehicle paying for hire for which public patronage is solicited and
which is so designed as to seat comfortably not more than nine persons.
(Ord. passed 11-7-94)
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
§ 116.15 CERTIFICATE REQUIRED.
It shall be unlawful to operate a taxicab business within the corporate limits of the city without first
having applied for and obtained a certificate of convenience and necessity therefor from the Board of
Aldermen.
(Ord. passed 11-7-94) Penalty, see § 10.99
§ 116.16 APPLICATION; FEE.
(A) All persons desiring a certificate or certificates of convenience and necessity for the operation
of one or more taxicabs shall file with the Chief of Police, or his designee, a sworn application therefor,
in duplicate, on forms provided by the Chief of Police. Every application for a certificate of
convenience and necessity shall be accompanied by a fee to defray the cost of the investigation to be
made of the applicant, in an amount as shall be determined from time to time by the Board of
Aldermen, as set forth in the town fee schedule, copies of which are available for public inspection in
the office of the Town Manager.
(B) The application will contain the following information:
(1) The name and address of the person, firm, or corporation or proposed firm or corporation,
and in the event that the applicant be an existing corporation, a certified copy of the articles of
incorporation, along with names and addresses of all stockholders or proposed stockholders owning
as much as 20% of outstanding stock.
(2) The number of vehicles actually owned and the number of vehicles actually operated by such
applicant on the date of such application, if any, or anticipated number of same to be readily available
for service.
(3) The number of vehicles for which a certificate of public convenience and necessity is desired.
(4) Whether there are any unpaid or unbonded judgments or records against such applicant, and
if so, the title of all actions and the amount of all judgments unpaid or unbonded.
(5) The make, type, year of manufacture, and passenger capacity of each taxicab for which
application for a certificate of public convenience and necessity is made.
(6) If applicant is a firm or corporation or proposed firm or corporation, the court record of the
officers, directors, and supervising employees thereof, including general manager, if any. The City
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Council shall not issue a certificate of convenience if court records do not comply with the
requirements of § 116.54(A)(2) and
(7) Such other information as the Board of Aldermen may, in its discretion, require.
(Ord. passed 11-7-94)
§ 116.17 DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY.
(A) The Board of Aldermen shall determine whether public convenience and necessity require the
issuance of certificates of convenience and necessity. Additional certificates of convenience and
necessity as authorized by the Council, and any other certificate vacancies which may occur, may be
issued by the Board of Aldermen when the Board of Aldermen finds that public necessity and
convenience require the operation of additional taxicabs upon the streets.
(B) Annually or in its discretion at more frequent intervals, the Board of Aldermen shall review,
study and analyze the public need for additional taxicabs and upon finding by the Board of Aldermen
that public necessity and convenience require the operation of additional taxicabs, other than those for
which certificates are presently outstanding, additional certificates shall be declared available and
applications may be filed during a certain period of time as prescribed by the Board of Aldermen;
certificates shall then be awarded in accordance with the procedure set forth in this subchapter.
(C) For the purpose of determining the need for increased or improved taxicab service, the Chief of
Police shall, annually, or at the will of the Board of Aldermen, conduct a survey to determine the
adequacy of taxicab service in the city. The survey shall include the following:
(1) Total number of cabs then licensed and in actual operation on the streets.
(2) The number of filled and unfilled telephone requests for taxicab service made during average
24-hour periods.
(3) The demand for taxicab service at taxicab stands that is filled and unfilled.
(4) The average waiting time of persons at taxicab stands and of those persons requesting
service by telephone before service is available to them.
(5) The number and availability of qualified full-time and part-time drivers to operate existing
taxicabs
(Ord. passed 11-7-94)
§ 116.18 ISSUANCE STANDARDS AND PROCEDURES.
(A) In determining whether public convenience and necessity require the operation of a taxicab or
taxicabs and in issuing certificates for which applications are made, the Council shall consider in
addition to the information set forth in the applications:
(1) Whether the demand of the public requires additional taxicab service.
(2) The adequacy of existing mass transportation and taxicab.
(3) The financial responsibility, experience and quality of service being rendered, if any, by each
applicant.
(4) The total number of certificates held by each applicant.
(5) The ability to provide continuity of service regarding certificates surrendered by associates of
applicant.
(6) The ability of each applicant to earn a fair return on the capital invested.
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(7) The number, kind and type of equipment.
(8) The ability of each applicant to provide an efficient level of service.
(9) The survey and recommendation of the Chief of Police.
(10) Any other considerations as in the opinion of the Council will tend to improve taxicab service
in the city and which will assist in determining whether public necessity and convenience require the
operation of additional taxicabs.
(B) The Board of Aldermen shall not issue a certificate of convenience and necessity to any
applicant unless the Board of Aldermen is satisfied that the applicant is qualified pursuant to the
provisions of this chapter, and shall conform to and comply with the provisions, terms and conditions
of this chapter, including § 116.70(A)(2), (3), and the applicant has been determined to meet the
following requirements:
(1) The applicant is at least 18 years of age or is otherwise legally emancipated.
(2) The applicant has not entered a plea of guilty or no contest to nor has been convicted of:
(a) A violation of any federal or state statute relating to prostitution or gambling laws, or
the use, possession, or sale of a controlled substance within five years preceding the application;
(b) A violation of any federal or state statute relating to transporting or selling or possessing
intoxicating liquors within five years preceding the application;
(c) A felony within five years preceding the application;
(d) Any crime which may reasonably be interpreted as involving moral turpitude or is so
offensive to the public morals or of a sexual perversion as to justify the conclusion that the applicant is
not of good moral character, including but not limited to those offenses listed in G.S. Chapter 14,
Articles 26 and 27, relating to offenses against public morality and decency and crimes related to
prostitution within five years preceding the application.
(3) The applicant is not an habitual user of drugs or intoxicating liquors.
(4) There are no unpaid and unbonded judgments of record against the applicant; or, if unpaid
and unbonded judgments of record exist, the applicant has established and maintained regular
periodic payments in discharge of the liability, which payments are designed to discharge the liability
within a reasonable period of time considering the amount of the liability.
(5) The applicant is not in default in the payment of any indebtedness secured by lien, mortgage
or any other encumbrance on the vehicle intended to be operated pursuant to the certificate; or, if the
vehicle intended to be operated pursuant to the certificate has not yet been purchased, the applicant
has demonstrated the financial ability through projected revenues, or otherwise, to make the regularly
scheduled payments of any indebtedness arising from any expected liens, mortgages or any other
encumbrances, on the vehicle.
(6) The applicant has demonstrated the ability to purchase insurance as required by this chapter.
(7) The applicant has demonstrated the ability to place in service within 90 days of the issuance
of the certificate a vehicle adequate to provide and maintain the quality of service required by this
chapter and meeting all of the requirements of this chapter for a taxicab.
(8) The applicant has demonstrated the ability to establish within 90 days of the issuance of the
certificate, a depot, terminal, or other base of operation for receiving of requests for taxicab service
and the dispatching of taxicabs in response to requests for service adequate to provide and maintain
the quality of service required by this chapter, and has demonstrated the ability to obtain within 90
days of the issuance of the certificate the necessary recording and office equipment and other
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necessary equipment and things adequate to provide and maintain the quality of service required by
this chapter and sufficient to comply with all of the provisions of this chapter including all the record
keeping and reporting provisions.
(9) The applicant has registered properly with the state the correct and true owner's name of any
vehicle intended to be operated pursuant to the certificate.
(10) There has not been a revocation of any certificate of convenience and necessity previously
issued to the applicant within the 12 months preceding application.
(11) Issuance of the certificate to the applicant will not result in the applicant holding such number
of certificates or such percentage of all issued certificates that a pernicious effect on competition will
result or that the quality of service to the public sought and required by the provisions of this chapter
will be impaired.
(C) The applicant shall provide to the Board of Aldermen or its designee any and all facts,
evidence, information or documents within the possession or control of the applicant or available to
the applicant that shall be reasonably related to the determination of the qualifications of the applicant
and as the Board of Aldermen or its designee shall request. Further, the submission of the application
shall constitute a waiver of all applicant's privileges and rights of privacy with respect to any document
in existence reasonably related to the determination of the applicant's qualifications and shall serve as
an authorization to the Board of Aldermen or its designee to make inquiry of any person or entity, and
to receive any oral or written reports from any person or entity, regarding any facts, evidence or
information reasonably related to the determination of the applicant's qualifications. The applicant
shall sign any separate written authorization that any person or entity shall require prior to the release
of any documents or information concerning the applicant.
(D) The issuance of certificates of convenience and necessity shall be done annually. All of those
persons interested in obtaining a certificate of convenience and necessity shall submit an application
under § 116.16 at least 45 days prior to the third Monday in January and at least 45 days prior to the
third Monday in June. Board of Aldermen shall review the applicants to determine whether or not the
applicants meet the requirements of this chapter by the second Monday in January and the second
Monday in June. If the Board of Aldermen determines an applicant meets the requirements of this
chapter, the applicant will be placed on a list in chronological order.
(E) If the Board of Aldermen finds that one applicant is more qualified than the other applicants
after considering the requirements of this chapter, then the applicant who is more qualified shall be
awarded the certificate of convenience and necessity. However, if after reviewing the applications the
Board of Aldermen feels that some of the applicants are equally qualified, a list of the equally qualified
applicants shall be maintained in prioritized order based upon the date and time of application, and
each certificate will be awarded according to the sequence of a certificate of convenience and
necessity available semiannually, on or about the third Monday in January. Any certificate of
convenience and necessity available shall be awarded according to the priority of the applicant on the
list, when the Board of Aldermen finds the applicants to be equally qualified.
(F) If any person shall refuse the offer of a certificate of convenience and necessity from the Board
of Aldermen or fails, refuses, or neglects to furnish such additional service within 90 days after the
certificate is offered him, the Board of Aldermen shall withdraw the certificate of convenience and
necessity.
(G) Certificate of convenience and necessity, when granted, shall be issued in the name of the city
by the City Manager or his designee.
(Ord. passed 11-7-94)
§ 116.19 TERM.
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Once issued a certificate of convenience and necessity shall remain in full force and effect without
reissuance.
(Ord. passed 11-7-94)
§ 116.20 REVOCATION.
(A) The Board of Aldermen shall have the right to revoke any certificate of convenience and
necessity issued by him upon a finding, after notice, that the owner of such certificate of convenience
and necessity is not rendering the public generally regular and proper service, as defined herein, or
has violated any of the provisions of this chapter, or has so conducted himself or his taxicab business
that a certificate of convenience and necessity would not have been issued to him pursuant to §
116.16.
(B) In determining whether the owner of a certificate of convenience and necessity is rendering the
public generally regular and proper service, the Board of Aldermen shall consider the following
factors: information provided by the trip sheet records for the taxicab; the odometer mileage of the
taxicab; the regularity of taxicab inspection over a period of six consecutive months; compliance in
providing the information on a quarterly basis as required by § 116.71; and any other information
relevant to the quality of taxicab service being provided by the holder of such certificate.
(C) In the event the owner/operator is out due to sickness or injury, the six-month period referred to
above may be extended until such time as the owner/operator is able to return to work.
(D) The holder of such revoked certificate of convenience and necessity shall have the right of
appeal to the Board of Aldermen; such appeal shall be in the nature of certiorari. Such notice of
appeal must be made within ten days from the decision of the City Manager.
(Ord. passed 11-7-94)
§ 116.21 TRANSFERS AND THE LIKE.
Certificates of convenience and necessity are not transferable. Only the Board of Aldermen shall
have the authority to issue or reissue a certificate of convenience and necessity which has been
revoked pursuant to this chapter, or which has been surrendered by any holder of a certificate of
convenience and necessity, or upon the death, insolvency or bankruptcy or the owner or the sale of
the equipment or the quitting of business by such owner, or if the owner is a corporation, upon the
transfer of the majority of the stock to any other person. All such certificates of convenience and
necessity shall immediately revert to the city to be held until such time as applications are filed and
additional certificates awarded pursuant to the requirements of this chapter.
(Ord. passed 11-7-94)
§ 116.22 DISPLAY.
Upon issuance a certificate of convenience and necessity shall be prominently displayed in the
taxicab to which it was issued.
(Ord. passed 11-7-94)
VEHICLE PERMIT
§ 116.35 PERMIT REQUIRED.
It shall be unlawful for any holder of a certificate of convenience and necessity to operate or permit
to be operated any taxicab upon the streets of the city without first having applied for and received a
taxicab vehicle permit from the Chief of Police for the operation of each vehicle engaged as such.
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(Ord. passed 11-7-94) Penalty, see § 10.99
§ 116.36 APPLICATION.
Separate applications must be made for each taxicab vehicle permit on a form approved by the City
Manager and requiring substantially the following information:
(A) The full name and address of owner.
(B) Full description of the vehicle, make, type, year of manufacture, engine number, color scheme,
lettering and marks, and its seating capacity exclusive of the driver.
(C) The name and address of the firm, if any, from which operated and a statement to the effect
that public liability and property damage insurance, as required by this chapter, has been filed with the
Police Chief or his designee.
(Ord. passed 11-7-94)
§ 116.37 TRANSFER.
Taxicab vehicle permits shall not be transferable from one vehicle to another, but upon the requiring
of a replacement vehicle the permit for the original vehicle shall be surrendered to the Chief of Police
or designated assistant, and a new vehicle permit be issued for the newly acquired vehicle after the
vehicle complies with all the requirements of this chapter.
(Ord. passed 11-7-94)
§ 116.38 VEHICLE INSPECTOR.
(A) After filing an application for a vehicle permit to operate a taxicab, the owner thereof must
submit and present each vehicle for which an application has been made to the Chief of Police or his
designated assistant, at a place and time to be fixed by the Chief of Police, or such designated
assistant for an inspection of the brakes, lights, horn, tires, all other safety features of the vehicle, a
road test of the vehicle, an inspection and test of the taximeter, and for the inspection of the interior of
the cab or taxicab with respect to the general condition of the upholstering, rugs, or floor covering, the
general cleanliness thereof and an inspection of the exterior condition of the vehicle which must be
free of torn, flaking or protruding metal which could constitute a safety hazard.
(B) At the time of inspection or at any time during the term of the vehicle permit, the discovery of
any inaccuracy in any of the vehicle safety features or other items required to be inspected or tested
by this section, the Taxi Inspector shall cause the taxicab to be removed from service until the taxicab
has been repaired and complies with the requirements of this section. The owner or operator of such
vehicle so removed from service may appeal such action to the City Manager or his designee but the
vehicle shall remain out of service pending the decision of the City Manager.
(C) It shall be unlawful for the owner or operator of any motor vehicle operating as a taxicab to
operate the motor vehicle upon the streets of the city unless the motor vehicle is equipped with at
least two sets of seat safety belts for the front seat, and at least three sets of seat safety belts for the
rear seat of the taxicab.
(D) If, upon examination of the vehicle for which an application for a taxicab vehicle permit has
been made, it is found by the Chief of Police or his designated assistant to be in proper condition, he
shall issue and cause to be affixed to the windshield of the vehicle a certificate of inspection of the
sticker type in the form approved by the City Manager. The
sticker shall be effective for two months of the calendar year. Before the expiration of such certifi-
cate, every taxicab owner shall be sent written notice from the Chief of Police, or his designated
assistant, of the requirements to submit all vehicles operated by the owner for reinspection at a
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designated time and place as provided in divisions (A) through (C) and a new inspection certificate
shall be issued in accordance with the provisions of this division. No taxicab shall be operated on the
streets of the city without displaying an effective certificate of inspection.
(Ord. passed 11-7-94)
DRIVER'S PERMIT
§ 116.50 PERMIT REQUIRED; FEE.
No person shall drive or operate any taxicab carrying passengers for hire from place to place. within
the corporate limits, or to points within a radius of five miles thereof, unless that person shall have first
applied to the City Manager and secured the approval of a driver's permit to operate a taxicab. Every
application for a driver permit shall be accompanied by a fee $25 to defray the cost of the investigation
to be made of the applicant, in an amount as shall be determined from time to time by the Board of
Aldermen, as set forth in the town fee schedule, copies of which are available for public inspection in
the office of the Town Manager.
(Ord. passed 11-7-94) Penalty, see § 10.99
§ 116.51 APPLICATION.
(A) The application required of applicants for a permit to drive a taxicab, shall be made upon forms
furnished by the city for such purposes and shall, among other things, state the name, address,
physical condition, physical description, former employers, court records, and state license number.
(B) The application shall be signed and sworn to by the applicant. The applicant shall further
appear at the Police Department for the purpose of having his fingerprints taken, at which time he
shall submit two prints of a two-inch by two-inch full -face photograph of a type to be approved by the
City Manager.
(C) All applicants submitting an application for a taxicab driver's permit do agree that they accept
the city's taxicab driver's dress code. Applicants agree to be clean and neat in appearance and will
not wear flipflops, tank shirts, or shorts while on duty as a taxicab driver.
(Ord. passed 11-7-94)
§ 116.52 PERSONS ELIGIBLE.
A person is ineligible to apply for the permit required by this subchapter for one year following the
date of any revocation or suspension of 60 days or more of his driver's license for convictions of
moving violations and for two years following the date of conviction for driving under the influence of
alcohol or drugs, or a substantially equivalent statute.
(Ord. passed 11-7-94)
§ 116.53 INVESTIGATION AND ISSUANCE.
The Chief of Police shall investigate the facts stated in the application for the permit required by this
subchapter and shall report his findings and recommendations to the City Manager, and upon the
approval of the City Manager, he shall issue a permit. Any fees or costs incurred by the city by any
part of the investigation shall be paid by the permit applicant.
(Ord. passed 11-7-94)
§ 116.54 ISSUANCE STANDARDS; HEARING OR DENIAL.
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(A) The City Manager shall approve the application for the permit required by this subchapter
unless he finds-
(1) The applicant has not reached the age of 18 years or older, or is otherwise not legally
emancipated.
(2) The applicant had an order entered continuing prayer for judgment, has entered a plea of
guilty or no contest, or been convicted of:
(a) A violation of any federal or state statute relating to prostitution or gambling laws, or the use,
possession, or sale of a controlled substance within five years preceding the application;
(b) A violation of an federal or state statute relating to transporting or selling or possessing
intoxicating liquors within five years preceding the application;
(c) A felony within five years preceding his application;
(d) Any crime which may reasonably be interpreted as involving moral turpitude or is so
offensive to the public morals or of a sexual perversion as to justify the conclusion that the applicant is
not of good moral character, including but not limited to those offenses listed in G.S. Chapter 14,
Articles 26 and 27, relating to offenses against public morality and decency and crimes related to
prostitu- tion within five years preceding the application.
(3) The applicant is an habitual user of drugs or intoxicating liquors.
(4) The applicant is physically or mentally incapable of operating a taxicab or has been treated
for any mental disorder, heart attack, epilepsy, or diabetes in a six-month period prior to filing his
application, provided that any applicant who has been treated for any mental disorder, heart attack,
epilepsy, or diabetes shall have a written opinion from a physician or psychiatrist, or both, stating that
the applicant is physically capable and mentally competent to operate a taxicab and that the applicant
has been free from such recurrence for the past six months. Such medical statement shall
accompany the application.
(5) The applicant has made a material false statement in the application for a permit knowing it to
be false, or has knowingly omitted required information; the applicant shall not be allowed to submit
another application for a permit to drive a taxicab for a period of 90 days.
(B) Upon denial or failure to approve the application, the applicant shall be entitled to a hearing by
the City Manager or other designated official if within ten days the applicant files a written request for a
hearing with the City Manager. The hearing shall be held and a decision thereon shall be made within
15 days after the request, and notice of the decision shall be served upon the applicant in person or
by registered mail.
(Ord. passed 11-7-94)
§ 116.55 TEMPORARY DRIVER PERMIT.
The City Manager or his designee may issue a nonrenewable, temporary driver permit to any
applicant whose court record, as compiled in the county for the year preceding his application, meets
the requirements of § 116.54 of this chapter. This temporary driver permit shall be valid for a
maximum of 45 days from issue or until his driver permit has been issued or denied pursuant to §
116.54, whichever period first expires.
(Ord. passed 11-7-94)
§ 116.56 EXPIRATION AND RENEWAL.
Taxicab driver's or operator's permits shall expire on June 30 of each year. Any persons desiring to
renew a driver's or operator's permit shall file a new application at least 30 days prior to the expiration
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date.
(Ord. passed 11-7-94)
§ 116.57 POSTING; TO REMAIN PROPERTY OF THE CITY; REPLACEMENT.
The driver or operator of every taxicab shall at all times, while operating the taxicab, prominently
post and displace in such taxicab, so as to be visible to the passengers therein, his driver's permit to
drive or operate a taxicab. Such permit shall contain a photograph of the driver or operator. The
driver's permit shall be and remain the property of the city. In the event such permit is lost or stolen,
such loss shall be immediately reported to the Chief of Police and a new permit obtained.
(Ord. passed 11-7-94)
§ 116.58 SUSPENSION.
(A) Except for those violations for which revocation is authorized, the City Manager, or his
designee, shall suspend the permit of any person to drive a taxicab upon finding that the permittee
has been convicted of, or has entered a plea of guilty or nolo contendere to, a violation of the motor
vehicle laws of the state or Title VII of this code of ordinances, or violated any of the provisions of this
chapter.
(B) Upon the first conviction or plea of guilty or nolo contendere, the holder of the permit shall be
notified in writing by the Taxicab Inspector that the same is a matter of permanent record on file in the
office of the Clerk of court. Upon a second conviction or plea of guilty or nolo contendere within any
12-month period, the permit shall be suspended for ten days. Upon a third conviction or plea of guilty
or nolo contendere within any 12-month period, the permit shall be suspended for 30 days. For the
fourth offense within the same calendar year, the permit shall be revoked.
(C) Upon suspension, a notice thereof shall be served by registered letter upon the permittee. The
permittee shall have to surrender the permit immedi- ately but shall have ten days from the receipt of
such notice to request in writing that he have a hearing to determine the basis for the suspension. It
shall be unlawful for the person to whom the permit was issued to fail to return to the Chief of Police. If
no hearing is requested, the suspension shall be effective for the period previously designated by the
City Manager or his designee. If a hearing is requested, the City Manager or his designee shall hold
such hearing and a decision thereon shall be made within ten days thereafter. Notice of the decision
shall be served upon the permittee. Upon the effective date of any suspension, the permittee shall
immediately return the permit to the Taxicab Inspector. No hearing shall be held by the City Manager
or his designee or other designated officials unless within ten days from the time of service of the
notice of suspension (exclusive of Saturdays, Sundays, and holidays) the permittee files a written
request with the City Manager. If a request is filed, the hearing shall be held and decision thereon
shall be made within ten days thereafter, and notice of the decision shall be served upon the
permittee. At the expiration of the suspension period, the permit shall be returned to the permittee,
who shall be entitled to the immediate use thereof.
(Ord. passed 11-7-94)
§ 116.59 REVOCATION.
(A) At any time after the issuance of a permit to any person to drive a taxicab, the City Manager or
his designee shall revoke the permit:
(1) If he finds that the person holding the permit has made a material, false statement in the
application for the permit, knowing it to be false.
(2) If he finds that the person holding the permit is physically or mentally incapable of operating a
taxicab in a safe manner, provided that if the person holding the permit has been treated for any
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mental disorder, heart attack, epilepsy, or diabetes, such person shall submit to the City Manager a
written opinion from a physician or psychiatrist, or both, stating that the person holding the permit is
physically and mentally competent to operate a taxicab and has been free from such recurrence for a
period of six months.
(3) If he finds that the person holding the permit has been convicted of or has entered a plea of
guilty or a plea of nolo contendere to:
(a) A felony.
(b) A violation or any federal or state statute relating to the possession or sale of intoxicating
liquors.
(c) A violation of any federal or state statute relating to the use, possession, or sale of
controlled substances.
(d) A violation of any state statute relating to operating an automobile while under the influence
of alcohol or drugs, or when the amount of alcohol in the blood meets or exceeds a specifically
prohibited level, or when the operation of a vehicle has been directly and visibly affected by the
operator's consumption of alcoholic beverages.
(e) A violation of any state or federal statute relating to prostitution or gambling.
(f) Any crime which may reasonable be interpreted as involving moral turpitude or is so
offensive to the public morals, or of a sexual perversion as to justify the conclusion that the applicant
is not of good moral character, including but not limited to those offenses listed in North Carolina
General Statutes Chapter 14, Articles 26 and 27 (G.S. §§ 14-177 et seq. and 14-203 et seq.)
(g) A fourth violation, within any period of 12 months, of the motor vehicle laws of the state, or
the traffic ordinances of the city, or any of the provisions of this chapter.
(B) When grounds for revocation exist, the Taxicab Inspector shall by registered letter give notice to
the holder of such permit that the permit is revoked and must be immediately surrendered. It shall be
unlawful for the person to whom the permit was issued to fail to return same to the Chief of Police.
The holder of such permit will have ten days from the receipt of such notice to request in writing a
hearing with the City Manager or his designee, but such permit is revoked pending such appeal. If no
hearing is requested within the allotted time, any appeal is considered waived at the expiration of the
ten-day period. If such hearing is requested and the revoca- tion is affirmed following the hearing, the
holder of such permit has ten days from the termination of the hearing to give written notice of appeal
to the Board of Aldermen, but such permit shall be in revocation pending such hearing.
(C) The Board hearing of any appeal shall be in the form of certiorari. If Council finds that
revocation is justified, holder may not reapply for a taxicab permit for a minimum of six months.
(Ord. passed 11-7-94)
§ 116.60 APPEALS TO THE BOARD OF ALDERMEN.
(A) Any person denied a permit to operate a taxicab by the City Manager, or any person who has
had his permit to operate a taxicab revoked or suspended by the City Manager shall have the right to
appeal to the Board of Aldermen. Such appeal shall be in the nature of certiorari, but any suspension
or revocation remains in effect until after such appeal is heard and a decision rendered.
(B) Notice of such appeal shall be served in writing upon the City Manager within ten days from the
proposed effective date of the revocation or suspension.
(Ord. passed 11-7-94)
OPERATIONAL RULES AND REGULATIONS
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§ 116.70 INSURANCE.
(A) Any owner, before operating any taxicab under the provisions of this chapter, shall procure and
file with the Police Chief or his designee a policy or policies of liability insurance with a reliable and
responsible insurance company, authorized to do business in the state, as required by G.S. § 20-280.
(B) The policy shall contain a clause obligating the insurance company to give 15 days written
notice to the Police Chief or his designee prior to the cancellation of such insurance on any vehicle.
The permit shall ipso facto be revoked by the lapse, cancellation or termination of the policy of
insurance, unless the same shall have been renewed or replaced, or a new policy obtained and filed
by the owner as herein required.
(C) Such liability policy shall contain a provision that the insolvency or bankruptcy of the person
insured shall not release the insurance company from payment of damages for injuries sustained, or
death by wrongful act, or loss incurred, and in case of recovery against the insured on account of any
such injury, death or loss that the insurance company will pay on account of the judgment recovered in
any such action an amount equal to but not exceeding the amount of the policy or of the judgment and
that the statute of limitation as fixed by the state law, shall govern time within which the policy may be
sued upon to enforce such judgment.
(Ord. passed 11-7-94)
§ 116.71 REPORTS BY CERTIFICATE HOLDER.
Each holder of a certificate of convenience and necessity shall report to the Taxi Inspector, on a
quarterly basis, the following information.
(A) The total number of cabs then licensed and in actual operation on the streets.
(B) The number of filled and unfilled telephone requests for taxicab service made during average
24- hour periods.
(C) The number and availability or qualified full- time and part-time drivers to operate existing
taxicabs.
(Ord. passed 11-7-94)
§ 116.72 LIMITATION ON HOURS OF DRIVING.
It shall be unlawful for any driver of any taxicab to continue on active taxicab duty for more than 12
hours, meal time included, during any 24-hour period. Each driver shall enter the time of com-
mencing active duty and ending active duty upon the record provided for in § 116.72.
(Ord. passed 11-7-94) Penalty, see § 10.99
§ 116.73 RECEIVING AND DISCHARGING PASSENGERS.
It shall be unlawful for any taxicab driver to receive or discharge passengers in the roadway, but
shall pull up as near as practical to the right-hand curb or in the absence of a curb, to the extreme
right-hand side of the roadway, or to the extreme right- or left- hand side of the roadway on one-way
streets, and there receive or discharge passengers; nor shall any driver permit any passenger to enter
or leave any taxicab by way of the door or side thereof nearest to the traveled portion of the roadway
for the purpose of taking on or discharging the passenger.
(Ord. passed 11-7-94) Penalty, see § 10.99
§ 116.74 TWO DOORS FOR PASSENGERS REQUIRED.
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(A) It shall be unlawful to operate any motor vehicle upon the streets of the city as a taxicab unless
the motor vehicle is equipped with at least two doors for passengers to enter and leave the car,
exclusive of the door or doors serving the driver or front seat.
(B) The provisions of division (A) shall not apply to a vehicle licensed as a taxicab when such
vehicle is used exclusively in the conveyance of employees over fixed routes under contract with the
employer and the employer pays all charges in connection with such conveyance, and the body type
of the vehicle used as a taxicab meets the approval of the employer.
(Ord. passed 11-7-94) Penalty, see § 10.99
§ 116.75 PROHIBITED PRACTICES, GENERALLY.
(A) It shall be unlawful:
(1) Parking. For a driver to park a taxicab in any limited parking area of the city except as
provided in Title VII of this code of ordinances.
(2) Passenger seating. For a driver to transport in a taxicab more than two passengers in the
front seat or more than four passengers in the rear seat at the same time.
(3) Illegal use of a cab. For a driver, on or off -duty, to knowingly permit a taxicab to be used for
any illegal act listed in North Carolina General Statutes Chapter 14, Articles 26 and 27 (G.S. §§ 14-
177 et seq. and 14-203 et seq.) or to transport any person in a taxicab to any place used for such
purposes, or to acquire and transport in a taxicab any alcoholic beverage for another, or to transport
any person to any place where alcoholic beverages are illegally dispensed or stored.
(4) Lost property. For a driver to fail, refuse, or neglect to preserve any property left in a taxicab
by any passenger, and to deliver it to the manager of the taxicab association, who shall report the
same to the Police Department within 24 hours thereafter.
(5) Light and ventilation. For a driver to fail, refuse, or neglect to keep the taxicab he is operating
or driving clean, sufficiently ventilated, and efficiently lighted at night, so as to provide ample light for
passengers entering or leaving the taxicab.
(6) Deviating from direct route. For a driver to fail, refuse, or neglect to proceed with all
reasonable dispatch by the nearest practicable route to the destination of the first person applying to
him for transportation unless the person has granted permission to take on or wait for additional
passengers.
(7) Solicitation. For any person to solicit passengers for a taxicab except the driver thereof when
sitting upon the driver's seat of the vehicle.
(B) Upon a second conviction of the provisions of this section, the driver's permit of the violator
shall be affected as provided in § 116.58.
(Ord. passed 11-7-94) Penalty, see § 10.99
§ 116.76 VEHICLE UPHOLSTERY.
It shall be unlawful for the owner or operator of any motor vehicle operating as a taxicab to operate
same upon the streets of the city unless the taxicab is upholstered with leather or plastic fabric.
(Ord. passed 11-7-94)
TITLE XIII: GENERAL OFFENSES
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Chapter
130. OFFENSES AGAINST PUBLIC PEACE AND SAFETY
131. OFFENSES AGAINST PROPERTY
132. OFFENSES AGAINST MORALS
CHAPTER 130: OFFENSES AGAINST PUBLIC PEACE AND SAFETY
Section
General Provisions
130.01 Drinking in public
130.02 Firing of guns
130.03 Projectiles prohibited
130.04 Spitting prohibited
130.05 Unauthorized use of police whistles and fire signals
130.06 Loitering on streets
130.07 Loafing near railroad
130.08 Devices creating radio interference
130.09 Indirect solicitation of alms in public places
130.10 Loitering for the purpose of engaging in drug -related activity
Assemblies and Parades
130.25 Definitions
130.26 Assembly on sidewalk
130.27 Permit required
130.28 Requirements and issuance of permit
130.29 Prohibited activities
130.30 Revocation of permit
130.31 Interference prohibited
130.32 Picketing regulated
130.99 Penalty
GENERAL PROVISIONS
§ 130.01 DRINKING IN PUBLIC.
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(A) It shall be unlawful for any person to consume any alcoholic beverage as defined by G.S. §
1813-101 on any property owned or controlled by the town or upon any public vehicular area, provided
that this section shall not apply to the premises of those establishments that have an "on premises"
ABC permit as prescribed under G.S. §§ 1813-900 through 1813-906 and an "on premises" license as
prescribed by this code, Chapter 110.
(B) Such "public vehicular area" shall mean and include any drive, driveway, road, roadway, street,
sidewalk, alley, parking area, or other space open for the purpose of vehicular traffic or operation upon
the grounds or premises of:
(1) Any public or private hospital, college, university, school, orphanage, or church, or any
institution mentioned and supported by the state or the town;
(2) Any service station, car wash, super- market, store, restaurant, amusement center, lounge,
shopping center, office building, or any other business or municipal establishment or groups of such
establishments, provided parking space for customers, patrons, employees or the public.
('75 Code, § 11.2) (Ord. 0-77-19, passed - -) Penalty, see § 10.99
Cross-reference:
Alcoholic beverages, see Chapter 112
§ 130.02 FIRING OF GUNS.
No person shall fire any firearm within the corporate limits of the town, except for the protection of
person or property, or upon permission of the Police Department.
('75 Code, § 11.23) ('67 Code, Chapter H, Art. 2, § 5) Penalty, see § 10.99
§ 130.03 PROJECTILES PROHIBITED.
It shall be unlawful for any person to use any slingshots or bean shooters or air rifles within the
corporate limits.
('75 Code, § 11.28) ('67 Code, Chapter H, Art. 2, § 2) Penalty, see § 10.99
§ 130.04 SPITTING PROHIBITED.
No person shall spit on the sidewalks or on the floors of any public buildings.
('75 Code, § 9.20) Penalty, see § 10.99
§ 130.05 UNAUTHORIZED USE OF POLICE WHISTLES AND FIRE SIGNALS.
No person without special authority from the Police Department, shall carry or use any whistle, bell,
horn or siren similar in appearance or sound to the whistles, horns, sirens, or bells used by the Police
Department, or Fire Department.
('75 Code, § 11.6) ('67 Code, Chapter H, Art. 1, § 10) Penalty, see § 10.99
§ 130.06 LOITERING ON STREETS.
No person shall be present on the streets or sidewalks in such a way as to obstruct or interfere with
the free passage into or out of any public business, or private property. It shall be the duty of the police
officer who observes a violation of this section first to warn the offender and upon his failure to heed
the warning to arrest him.
('75 Code, § 11.7) ('67 Code, Chapter H, Art. 1, § 7) Penalty, see § 10.99
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§ 130.07 LOAFING NEAR RAILROAD.
No person shall loaf around the depot or interfere with cars standing on the railroad track without
having some ostensible business in connection with the same.
('75 Code, § 11.9) ('67 Code, Chapter H, Art. 1, § 15) Penalty, see § 10.99
§ 130.08 DEVICES CREATING RADIO INTERFERENCE.
(A) It shall be unlawful for any person, knowingly or wantonly, to operate or cause to be operated
any machine, device, apparatus, or instrument of any kind whatsoever within the corporate limits of
the town, which shall cause reasonably preventable electrical interference with radio reception.
(B) The above section shall not be held or construed to embrace or cover the regulation of any
transmitting, broadcasting, or receiving instrument, apparatus or device used or useful to interstate
commerce, or the operation of which instrument, apparatus, or device, is licensed or authorized by or
under the provisions of any act of the Congress of the United States.
('75 Code, §§ 11.34 and 11.35) ('67 Code, Chapter H, Art. 5, §§ 1 and 2) Penalty, see § 10.99
§ 130.09 INDIRECT SOLICITATION OF ALMS IN PUBLIC PLACES.
No person shall sell or offer for sale any pencils, shoe strings, chewing gum, or similar objects in or
on the streets or other public places as an indirect method of soliciting alms, nor shall any person offer
a cup or other receptacle for the deposit of money, or take up any collection in connection with the
playing of any musical instrument in or on the streets or other public places without having a permit
therefor issued by the Clerk.
('75 Code, § 11.27) ('67 Code, Chapter H, Art. 2, § 1) Penalty, see § 10.99
Cross-reference:
Peddlers and solicitors, see Chapter 115
§ 130.10 LOITERING FOR THE PURPOSE OF ENGAGING IN DRUG -RELATED ACTIVITY.
(A) For the purpose of this section, PUBLIC PLACE means any area generally accessible to the
public for common usage and access, including any street, sidewalk, bridge, alley or alleyway, plaza,
park, playground, driveway, parking lot or transportation facility, the doorways and entranceways,
stairway, hall, courtyard, passageway or common area to any building which fronts on any of those
places, or a motor vehicle in or on any of those places, or any property owned by the Town of
Gibsonville.
(B) It shall be unlawful for a person to remain or wander about in a public place in a manner and
under circumstances manifesting the intent to engage in a violation of any subdivision of the North
Carolina Controlled Substances Act (G.S. Ch. 90, Art. 5). When done with the intent of violation of the
aforementioned statute, such circumstances shall include:
(1) Repeatedly beckoning to, stopping, or attempting to stop passers-by, or repeatedly attempting
to engage passers-by in conversation; or
(2) Repeatedly stopping or attempting to stop motor vehicles; or
(3) Repeatedly interfering with free passage of other persons; or
(4) Such person behaves in such a manner as to raise a reasonable suspicion that he or she is
about to engage in or is engaged in an unlawful drug- related activity; or
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(5) Such person repeatedly passes to or receives from passers-by, whether on foot or in a
vehicle, or by courier, money or objects; or
(6) Such person takes flight upon the approach or appearance of a law enforcement officer; or
(7) Such person is at a location frequented by persons who use, possess, or sell drugs.
(Ord. passed 11-5-12) Penalty, see § 10.99
ASSEMBLIES AND PARADES
§ 130.25 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
BLOCK. That portion of any street lying between its intersections with other streets.
GROUP DEMONSTRATION. Any assembly together or concert of action between or among two or
more persons for the purpose of protesting any matter or of making known any position or promotion
of such persons, or of or on behalf of any organization or class of persons, or for the purpose of
attracting attention of such assembly.
PARADE. Any assemblage of two or more persons participating in or operating any vehicle in any
march, ceremony, show, exhibition or procession of any kind in or upon the public streets, sidewalks,
alleys, parks, or other public grounds or places.
PICKET LINE. Any two or more persons formed together for the purpose of making known any
position or promotion of such persons, or on behalf of any organization or class of persons.
('75 Code, § 3.42)
Cross-reference:
Streets and sidewalks, see Chapter 97
Emergencies, see §§ 36.15 through 36.17
§ 130.26 ASSEMBLY ON SIDEWALK.
All crowds or assemblages of persons that shall congregate on the streets or sidewalks of this town,
thereby obstructing the street to the inconvenience of pedestrians shall be dispersed by the police,
and any person who refuses to obey the warning of the officer shall be deemed to violate this section.
('75 Code, § 3.41) Penalty, see § 10.99
§ 130.27 PERMIT REQUIRED.
It shall be unlawful for any person to organize, conduct or participate in any parade, picket line or
group demonstration in or upon any street, sidewalk, alley, or other public place within the town unless
a permit therefor has been issued by the town in accordance with the provisions of this subchapter.
('75 Code, § 3.43) Penalty, see § 10.99
§ 130.28 REQUIREMENTS AND ISSUANCE OF PERMIT.
The Chief of Police or his designee shall issue permits as required in § 130.27, and in the issuance
thereof he shall:
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(A) Require a written application for permit to be filed not less than 24 hours in advance of such
parade, picket line, or group demonstration which application shall specify the time and place for the
commencement of any such picket line and the time, place, route, and duration of any such parade or
group demonstration.
(B) Issue such permits for parades, picket lines or group demonstrations as determined by the
Chief of Police or his or her designate determine to be reasonable. The Chief of Police or his or her
designate may set certain conditions in the permit that must be met. Failure to abide by the conditions
may cause revocation of the permit.
(C) Refuse to issue such permits for parades or group demonstrations to be held at the same time
and place as those designated in a permit issued pursuant to a written application previously received
by the Chief of Police or his designee.
(D) Require that the application for a permit specify whether or not minors below the age of 18
years will be permitted to participate.
(E) Require that the application for a permit shall specify and the permit shall designate the person
or persons in charge of the activity. Such person shall be required to accompany the parade, picket
line, or group demonstration and shall carry such permit with him at that time. Such permit shall not
be valid in the possession of any other person.
('75 Code, § 3.44) (Am. Ord. passed 2-2-09)
§ 130.29 PROHIBITED ACTIVITIES.
The following acts or activities, when performed or undertaken in conjunction with or as a part of,
any parade, picket line, or group demonstration, are hereby prohibited and declared unlawful:
(A) The carrying on or about the person any firearm, or any weapon or article, including but not
limited to blackjacks, nightsticks, or flashlights which by their use might constitute a deadly weapon;
(B) The taking or keeping of any dog or other vicious animal, whether leashed or unleashed.
('75 Code, § 3.45) Penalty, see § 10.99
§ 130.30 REVOCATION OF PERMIT.
The Chief of Police shall revoke any permit granted for a parade, picket line, or group demonstration
for any of the following causes:
(A) The violation by any participant of § 130.29 of this section;
(B) The failure to comply with the terms and conditions of the permit.
('75 Code, § 3.46)
§ 130.31 INTERFERENCE PROHIBITED.
No person shall hamper, obstruct, impede, or interfere with any parade, picket line, or group
demonstration being conducted under authority of a permit duly issued by the Chief of Police.
('75 Code, § 3.47) Penalty, see § 10.99
§ 130.32 PICKETING REGULATED.
Picket lines and picketing shall be subject to the following additional regulations:
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(A) Picketing may be conducted only on the sidewalks reserved for pedestrian movement, and may
not be conducted on the portion of a street used primarily for vehicular traffic;
(B) Not more than ten pickets promoting the same objective shall be permitted to use either of the
two sidewalks within a single block at any one time;
(C) Pickets may carry written or printed placards or signs not exceeding two feet in width and two
feet in length promoting the objective for which the picketing is done, provided that the words used are
not derogatory or defamatory in nature;
(D) Pickets must march in single file and not abreast and must not march closer together than 15
feet, except in passing one another. Pickets shall not be allowed to walk more than five feet from the
curb line and shall be in continuous motion.
(E) If pickets promoting different objectives desire to use the same sidewalk for picketing and such
use would result in the presence of more than ten pickets thereon, the Chief of Police shall allot time
to each group of pickets for the use of such sidewalk on an equitable basis.
('75 Code, § 3.48) Penalty, see § 10.99
§ 130.33 EXCEPTIONS.
§§ 130.25 through 130.32 shall not apply to:
(A) Funeral processions;
(B) Any governmental agency acting within the scope of its functions.
('75 Code, § 3.49)
Section
CHAPTER 131: OFFENSES AGAINST PROPERTY
General Provisions
131.01 Injuring or defacing property
131.02 Injuring or interfering with property used in water, sewer, police or fire
alarm systems
131.03 Smoking in certain places
131.04 Defacing buildings prohibited
131.05 Defacing ordinances prohibited
131.06 Electrified fences
131.07 Damaging town ordinances prohibited
Littering
131.15 Littering prohibited
131.16 Maintenance of public areas
GENERAL PROVISIONS
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§ 131.01 INJURING OR DEFACING PROPERTY.
No person shall wilfully or negligently injure, deface, draw, paint, carve, or mutilate in any way
whatsoever any sign post, lamp post, pole, wire, apparatus, building, residence, walls or fences.
('75 Code, § 11.14) ('67 Code, Chapter H, Art. 1, § 13) Penalty, see § 10.99
§ 131.02 INJURING OR INTERFERING WITH PROPERTY USED IN WATER, SEWER, POLICE OR
FIRE ALARM SYSTEMS.
No person shall wilfully or negligently injure or interfere with any valve, valve box, meter box, storm
or sanitary sewer manhole cover, storm sewer catch basin cover, fire hydrant, police or fire alarm box,
traffic signal or any other property used in the town's water, sewer, police, or fire alarm system.
('75 Code, § 11.15) ('67 Code, Chapter H, Art. 1, § 14) Penalty, see § 10.99
Cross-reference:
Water and sewer, see Chapter 51
Police and Fire Departments, see Chapters 32 and 33
§ 131.03 SMOKING IN CERTAIN PLACES.
It shall be unlawful for any person to smoke on the premises of another after being forbidden by the
proprietor or any of his agents, whether by verbal or posted notice.
('75 Code, § 11.29) ('67 Code, Chapter H, Art. 2, § 6) Penalty, see § 10.99
§ 131.04 DEFACING BUILDINGS PROHIBITED.
All persons are hereby forbidden to mark, deface, or in any way damage any public or private
building, or property.
('75 Code, § 11.36) ('67 Code, Chapter H, Art. 5, § 3) Penalty, see § 10.99
§ 131.05 DEFACING ORDINANCES PROHIBITED.
No person shall wilfully deface the Town Ordinances, when posted.
('75 Code, § 11.37) ('67 Code, Chapter H, Art. 5, § 4) Penalty, see § 10.99
Cross-reference:
Town ordinances, see §§ 30.35 through 30.42
§ 131.06 ELECTRIFIED FENCES.
It shall be unlawful for any person or firm, corporation or association to install, erect, or place any
type of fence of any kind of materials whatever around on, or across property within the corporate
limits of the town which shall be electrified or charged by electric current in any manner, provided that
this shall not apply to any fence charged with electricity installed prior to August 1, 1960.
('75 Code, § 11.38) ('67 Code, Chapter H, Art. 5, § 5) Penalty, see § 10.99
§ 131.07 DAMAGING TOWN ORDINANCES PROHIBITED.
No person shall tear or deface any of the town ordinances.
('75 Code, § 1.7) Penalty, see § 10.99
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LITTERING
§ 131.15 LITTERING PROHIBITED.
(A) It shall be unlawful for any person, firm, organization or private corporation to throw or deposit
upon any street or sidewalk, or upon any private property, except with written permission of the owner
or occupant of such private property any trash, refuse, garbage, building material, cans, bottles,
broken glass, paper, or any type of litter.
(B) From vehicles. It shall be unlawful for any person while a driver or a passenger in a vehicle to
throw or deposit litter upon any street or other public place within the town, or upon private property.
('75 Code, §§ 5.71 and 5.72) Penalty, see § 10.99
Cross-reference:
Streets and sidewalks, see Chapter 97
Traffic Code, see Title Vll
§ 131.16 MAINTENANCE OF PUBLIC AREAS.
(A) Prohibition. Every owner, lessee, tenant, occupant or person in charge of any commercial
establishment or premises which maintains any paved or unpaved areas for the uses of the public,
either for parking or as access area and incident to the carrying on of the principal business of any
such commercial establishment or premises and which parking or access area abut or lie within ten
feet of any public street or other public way, shall keep and maintain such areas clean and free from
trash, litter, rubbish and any materials liable to be blown, deposited or cast upon such street or other
public way.
(B) Receptacles. Suitable receptacles shall be provided in all parking or access areas within the
meaning of division (A) thereof. Such receptacles shall be plainly marked and constructed to prevent
scattering of any trash, litter, rubbish or other materials deposited therein.
('75 Code, §§ 5.74 and 5.75) Penalty, see § 10.99
Section
CHAPTER 132: OFFENSES AGAINST MORALS
132.01 Writing or drawing obscene words or pictures
§ 132.01 WRITING OR DRAWING OBSCENE WORDS OR PICTURES.
It shall be unlawful for any person to do any obscene act in any public place, or write obscene
language or to make obscene markings or drawings on any wall of any public or private building, or
upon the streets or sidewalks.
('75 Code, § 11.5) ('67 Code, Chapter H, Art. 1, § 4) Penalty, see § 10.99
TITLE XV: LAND USAGE
Chapter
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150. BUILDING REGULATIONS
151. MINIMUM HOUSING STANDARDS
152. FLOOD DAMAGE PREVENTION
153. HAZARDOUS WASTE
154. LAND DEVELOPMENT CODE
155. RIPARIAN BUFFER PROTECTION
Section
CHAPTER 150: BUILDING REGULATIONS
General Provisions
150.001 Swimming pools
150.002 Enforcement by ordinance
150.003 Regulation of buildings; fire safety
150.004 Use of conduits
150.005 Use of plug type fuses in fire zones
150.006 Composition of fronts of buildings
150.007 Wooden awning over sidewalks in number one fire district
Adoption of Regulatory Code
150.020 Scope
150.021 Building code adopted
150.022 Plumbing code adopted
150.023 Heating code adopted
150.024 Electrical code adopted; supplementary regulations
150.025 Uniform residential building code adopted
150.026 Amendments
150.027 Compliance required
150.028 Copies of codes filed with Clerk
Permit Requirements
150.040 Permits required
150.041 Application for permit
150.042 Plans and specifications
150.043 Limitations on issuance of permits
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150.044 Issuance of permit; revocation
150.045 Time limitations on validity of permits
150.046 Changes in work; approval required
150.047 Permit fees
Electrical Standards
150.060
Electrical Inspector; qualifications, duties, and authority
150.061
Permits
150.062
Inspections
150.063
Certificate of compliance
150.064
Records and reports
150.065
Electrical inspection fees
150.066
Installation standards
150.067
Special construction rules
150.068
Liability for damages
150.069
Appeals
150.070
Failure to comply
Energy Conservation Standards
150.080
Statutory authorization
150.081
Required license
150.082
Application
150.083
Procedure for issuance
150.084
Bond required
150.085
Termination and renewal of licenses
150.086
Suspension; revocation
150.087
Change of location
150.088
Required permit; fee
Inspection Department
150.100
Organization
150.101
Duties of Department and Inspectors
150.102
Conflicts of interest
150.103
Reports and records
150.104
Inspection procedure
150.105
Oversight not to legalize violation
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150.106 Powers of Inspection Officials
150.107 Inspection of buildings
Inspection Fees
150.120 Classification of buildings by occupancy
150.121 Intent
150.122 Permits valid only upon payment of fees
150.123 Permit fees for work begun prior to obtaining permits
150.124 Schedule of permit fees
150.125 Inspections
150.999 Penalty
GENERAL PROVISIONS
§ 150.001 SWIMMING POOLS.
(A) All inground swimming pools must be enclosed within a fenced area. Such fence shall be
designed to prevent accidental entry into the pool area and shall be no less than four feet high.
Fences must be maintained and all gates and latches must be kept operational.
(B) All aboveground pools having a depth of water of 18 inches or greater at the deepest point shall
be constructed in such a way that access to the pool is limited, either by erecting a fence as required
for inground pools, by removing the ladder at all times the pool is not in use or supervised, or by
fencing the entry area to the pool.
(Ord. passed 6-2-86; Ord. 0-88-07, passed 5-2-88) Penalty, see § 150.999
§ 150.002 ENFORCEMENT BY ORDINANCE.
No provisions of this chapter shall be held to repeal the rules and regulations under the powers
granted in the charter, and the town may pass ordinances for the enforcement of any provision of this
chapter.
('75 Code, § 8.40) ('67 Code, Chapter M, Art. 1, § 10)
§ 150.003 REGULATION OF BUILDINGS; FIRE SAFETY.
The governing body may make rules and regulations governing the erection and construction of
buildings in the town so as to make them as safe as possible from fire.
('75 Code, § 8.41) ('67 Code, Chapter M, Art. 1, § 16)
§ 150.004 USE OF CONDUITS.
No person shall be permitted to use multiple conductor service entrance cable in continuous length
from pole service equipment, but entrance cable may be used from pole to rigid conduit service head,
provided that individual conductors are exposed and can be cut separately in an emergency.
('75 Code, § 8.42) ('67 Code, Chapter M, Art. 2, § 2) Penalty, see § 150.999
§ 150.005 USE OF PLUG TYPE FUSES IN FIRE ZONES.
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It shall be unlawful for any person, firm or corporation to use any plug typo fuse in the Fire Zone
except Type S, non-tamperable, as described in the National Electrical Code (1965), Article 240,
Section 22.
('75 Code, § 8.43) ('67 Code, Chapter M, Art. 2, § 3) Penalty, see § 150.999
Cross-reference:
Fire Prevention, see Chapter 93
§ 150.006 COMPOSITION OF FRONTS OF BUILDINGS.
The outside front of each commercial, industrial or business building constructed within any
commercial or industrial zone of the town after April 2, 1962 shall be composed only of brick, tile,
ceramics or metal, or in lieu thereof such other material as may be approved by the Building
Inspector. Any cinder blocks, concrete blocks, or other similar types of blocks employed in such
construction shall not be observable or apparent on the outside front wall of such building. Where
such building is constructed on a corner lot, the front of such building shall be deemed to be the
outside walls of the building facing both streets, and the materials specified above shall be required on
the front of the building facing both streets.
('75 Code, § 8.44) ('67 Code, Chapter M, Art. 1, § 21) Penalty, see § 150.999
§ 150.007 WOODEN AWNING OVER SIDEWALKS IN NUMBER ONE FIRE DISTRICT.
(A) Owners of buildings within the number one fire district may construct wooden awnings, over the
sidewalks, provided that they meet the following requirements.
(1) The building to which the awning is attached shall be constructed of fire proof materials.
(2) The awning itself shall be constructed of pressure treated timbers, with shingles of either
fiberglass or a similar fire resistant material. Wood shingles may also be used if approved by the
Building Inspector before they are installed.
(3) The awning shall be constructed in such a manner that it could stand without the aid of
support posts.
(4) No part of the awning shall be closer than one foot from the curb.
(5) At no point shall an eave, moulding, suspended sign, and the like be less than ten inches
above the average sidewalk level.
(B) Any owner who constructs, or causes to be constructed, an awning under the terms of this
section shall accept the full responsibility for maintenance of same.
(C) If, in the opinion of the Building Inspector, any owner has caused such an awning to be con-
structed with materials or design inconsistent to those stated above, or has failed to maintain the
awning in a safe condition, the Building Inspector may have the awning removed at the owner's
expense.
(1) Prior to removal, the owner shall have ten days within notice of the Building Inspector's
intention to remove the awning. This shall be in the form of a certified letter, return receipt requested.
(2) Costs for removal of an awning shall be assessed against the owner of the property. Failure
to pay the assessment, plus reasonable costs shall result in a lien being placed on the property
involved.
(3) An owner may appeal the decision of the inspector to the Board of Aldermen at their next
regular meeting following notification of the Inspector's intent to demolish an awning. An appeal shall
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be considered made when the owner notifies the Town Manager of his desire to appeal to the Board of
Aldermen. The ten day notice period shall cease with notice of appeal, and resume the day following
the hearing of an appeal which is rejected. The Board of Aldermen may sustain an appeal when it
finds that:
(a) The materials and design used were consistent with this section, or;
(b) The awning is safe and not endangering the public in any manner, or;
(c) The owner has made arrangements for the repair or replacement of the awning.
(d) A permit shall be required for all work done under this section.
(Ord. passed 8-17-81) Penalty, see § 150.999
Cross-reference:
Fire prevention, see Chapter 93
Streets and sidewalks, see Chapter 97
ADOPTION OF REGULATORY CODE
§ 150.020 SCOPE.
(A) The provisions of this chapter and of the regulatory codes herein adopted shall apply to the
following:
(1) The location, design, materials, equipment construction, reconstruction, alteration, repair,
maintenance, moving, demolition, removal, use, and occupancy of every building or structure or any
appurtenances connected or attached to such building or structure;
(2) The installation, erection, alteration, repair, use and maintenance of plumbing systems
consisting of house sewers, building drains, waste and vent systems, hot and cold water supply
systems, and all fixtures and appurtenances thereof;
(3) The installation, erection, alteration, repair, use and maintenance of mechanical systems,
consisting of heating, ventilating, air conditioning, and refrigeration systems, fuel burning equipment,
and appurtenances thereof;
(4) The installation, erection, alteration, repair, use and maintenance of electrical systems and
appurtenances thereof;
(B) The adoption of this chapter and the codes herein adopted by reference shall constitute a
resolution within the meaning of G.S. § 143-138(e) making the regulatory codes herein adopted
applicable to dwellings and out buildings used in connection therewith and to apartment buildings
used exclusively as the residence of not more than two families.
('75 Code, § 8.1)
§ 150.021 BUILDING CODE ADOPTED.
The minimum standards, provisions, and requirements for safe and stable design, methods of
construction and usage of materials in buildings and structures hereafter erected, enlarged, altered,
repaired, moved, converted to other uses or demolished, and the equipment, maintenance, use and
occupancy of all buildings and structures in the town, to which the state building code applies, shall be
regulated in accordance with the terms of the most current edition of the State Building Code, which is
hereby adopted and incorporated herein by reference as fully as though set forth herein, and such
amendments thereto as are prepared and published from time to time by the State Building Code
Council and approved by the State Insurance Commissioner.
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('75 Code, § 8.2) ('67 Code, Chapter M, Art. 1, § 17)
§ 150.022 PLUMBING CODE ADOPTED.
The most current edition of the State Building Code, Plumbing, as adopted and published by the
State Building Code Council and as amended, is hereby adopted by reference as fully as though set
forth herein as the plumbing code for the town.
('75 Code, § 8.3)
§ 150.023 HEATING CODE ADOPTED.
The most current edition of the State Heating Code (State Building Code, Heating) as adopted and
published by the State Building Code Council and as amended, is hereby adopted by reference as
fully as though set forth herein as the heating code for the town.
('75 Code, § 8.4)
§ 150.024 ELECTRICAL CODE ADOPTED; SUPPLEMENTARY REGULATIONS.
The most current edition of the State Electrical Code (State Building Code, Electrical), as adopted by
the State Building Code Council and as amended, is hereby adopted by reference as fully as though
set forth herein as the electrical code for the town.
('75 Code, §§ 8.5 and 8.6) (Ord. 79-11, 1-8-79)
§ 150.025 UNIFORM RESIDENTIAL BUILDING CODE ADOPTED.
There is hereby adopted and incorporated herein by reference as fully as though set forth herein, all
provisions of the most current edition of the State Uniform (Minimum) Residential Building Code (State
Building Code), as adopted by the State Building Code Council and as amended, regulating the
construction of one -family and two-family dwellings within the town. The Building Inspector is hereby
authorized to enforce all applicable standards, provisions, requirements, methods of construction and
usage of materials for one- and two-family dwellings hereafter erected, enlarged or repaired in
accordance with the Uniform Residential Building Code and amendments thereto.
('75 Code, § 8.7) ('67 Code, Chapter M, Art. 1, § 18)
§ 150.026 AMENDMENTS.
Amendments to the regulatory codes adopted by reference herein, which are from time to time
adopted and published by the agencies or organizations referred to herein shall be effective in the
town at the time such amendments are filed with the Town Clerk as provided in § 150.028.
('75 Code, § 8.9)
§ 150.027 COMPLIANCE REQUIRED.
(A) All buildings or structures which are hereafter constructed, reconstructed, erected, altered,
extended, enlarged, repaired, demolished, or moved shall conform to the requirements, minimum
standards, and other provisions of either the State Building Code, General Construction, or the State
Uniform Residential Building Code, whichever is applicable, or both if both are applicable.
(B) Every building or structure intended for human habitation, occupancy, or use shall have
plumbing, plumbing systems, or plumbing fixtures constructed, reconstructed, installed, altered,
extended, or repaired in accordance with the minimum standards, requirements, and other pro-
visions of the State Plumbing Code (State Building Code, Plumbing).
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(C) All mechanical systems consisting of heating, ventilating, air conditioning, and refrigera- tion
systems, fuel burning equipment, and appurtenances shall be installed, erected, altered, repaired,
used and maintained in accordance with the minimum standards, requirements, and other pro -visions
of the State Heating Code (State Building Code, Heating).
(D) All electrical wiring, installations and appurtenances shall be erected, altered, repaired, used,
and maintained in accordance with the mini- mum standards, requirements, and other provisions of
the State Electrical Code (State Building Code, Electrical).
('75 Code, § 8.10) Penalty, see § 150.999
§ 150.028 COPIES OF CODES FILED WITH CLERK.
An official copy of each regulatory code adopted herein, and official copies of all amendments
thereto, shall be kept on file in the office of the Town Clerk. Such copies shall be the official copies of
the codes and the amendments.
('75 Code, § 8.11)
PERMIT REQUIREMENTS
§ 150.040 PERMITS REQUIRED.
(A) Building permit.
(1) No person shall commence or proceed with the construction, reconstruction, alteration, repair,
removal, or demolition of any building or other structure, or any part thereof, without a written permit
therefor from the Building Inspector, Local Board of Health approval of property for septic tank
required where sewage system cannot be connected to the town sewer.
(2) In all cases of removal or demolition of a building or structure a good and sufficient bond in an
amount as shall be determined from time to time by the Board of Aldermen, as set forth in the town
fee schedule, copies of which are available for public inspection in the office of the Town Manager,
shall be posted by the property owner or by his contractor at the time of application for a permit, to
insure complete removal or demolition, including all rubble and debris. Failure on the part of the
property owner or his contractor to completely demolish, remove, and clear the premises, after 30
days' notice by the Building Inspector, shall be cause for forfeiture of such bond.
(B) Plumbing permit. No person shall commence or proceed with the installation, extension, or
general repair of any plumbing system without a written permit therefor from the Plumbing Inspector,
provided, however, that no permit shall be required for minor repairs or replacements on the house
side of a trap to an installed system of plumbing if such repairs or replacements do not disrupt the
original water supply or the waste or ventilating systems. Board of Health approval of property for
septic tank required where sewage system cannot be connected to the town sewer.
(C) Heating -air conditioning permit. No person shall commence or proceed with the installation,
extension, alteration or general repair of any heating or cooling equipment system without a written
permit from the Heating -Air Conditioning Inspector, provided, however, that no permit shall be required
for minor repairs or minor burner services or filter replacements of warm air furnaces or cooling
system.
(D) Electrical permit. No person shall commence or proceed with the installation, extension,
alteration, or general repair of any electrical wiring, devices, appliances or equipment without a written
permit therefor from the Electrical Inspector, provided, however, that no permit shall be required for
minor repair work such as the replacement of lamps or the connection of portable devices to suitable
receptacles which have been permanently installed; provided, further, that no permit shall be required
for the installation, alteration, or repair of the electrical wiring, devices, appliances, and equipment
installed by or for an electrical public utility corporation for the use of such corporation in the
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generation, trans -mission, distribution, or metering of electrical energy, or for the use of such
corporation in the operation of signals or the transmission of intelligence.
('75 Code, § 8.31) (Am. Ord. 8-8-77) Penalty, see § 150.999
§ 150.041 APPLICATION FOR PERMIT.
Written application shall be made for all permits required by this subchapter, and shall be made on
forms provided by the Inspection Department. Such application shall be made by the owner of the
building or structure affected or by his authorized agent or representative, and, in addition to such
other information as may be required by the appropriate inspector to enable him to determine whether
the permit applied for should be issued, shall show the following:
(A) Name, residence, and business address of owner.
(B) Name, residence, and business of authorized representative or agent, if any;
(C) Name and address of the contractor, if any, together with evidence that he has obtained a
certificate from the appropriate state licensing board for such contractors, if such be required for the
work involved in the permit for which application is made.
('75 Code, § 8.32)
§ 150.042 PLANS AND SPECIFICATIONS.
Detailed plans and specifications shall accompany each application for permit when the estimated
total cost of the building or structure is in excess of $20,000, and for any other building or structure,
where plans and specifications are deemed necessary by the appropriate inspector in order for him to
determine whether the proposed work complies with the appropriate regulatory codes. Plans shall be
drawn to scale with sufficient clarity to indicate the nature and extent of the work proposed, and the
plans and specifications together shall contain information sufficient to indicate that the work proposed
will conform to the provisions of this chapter and the appropriate regulatory codes. Where plans and
specifications are required, a copy of the same shall be kept at the work until all authorized operations
have been completed and approved by the appropriate inspector.
('75 Code, § 8.33)
§ 150.043 LIMITATIONS ON ISSUANCE OF PERMITS.
(A) No building permit shall be issued for any building or structure the estimated total cost of which
is more than $30,000 unless the work is to be performed by a licensed general contractor.
(B) No building permit shall be issued for any building or structure, other than a one- or two-family
dwelling, the estimated total cost of which is more than $30,000 unless the clans bear the state seal of
a registered architect or a registered engineer.
(C) Where any provision of the General Statutes of the state or of any ordinance requires that work
be done by a licensed specialty contractor of any kind, no permit for such work shall be issued unless
it is to be performed by such licensed specialty contractor.
(D) Where detailed plans and specifications are required under this subchapter, no building permit
shall be issued unless such plans and specifications have been provided.
('75 Code, § 8.34)
§ 150.044 ISSUANCE OF PERMIT; REVOCATION.
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(A) Issuance of permits. When proper application for a permit has been made, and the appropriate
inspector is satisfied that the application and the proposed work comply with the provisions of this
chapter and the appropriate regulatory codes, he shall issue such permit, upon payment of the proper
fee or fees as hereinafter provided in § 150.047.
(B) Revocation of permits. The appropriate inspector may revoke and require the return of any
permit by notifying the permit holder in writing stating the reason for such revocation. Permits shall be
revoked for any material departure from the approved application, plans, or specifications; for refusal
or failure to comply with proper orders of the inspector; for refusal or failure to comply with
requirements of this chapter and the appropriate regulatory codes; or for false statements or
misrepresentations made in securing such permit.
('75 Code, §§ 8.35 and 8.36)
§ 150.045 TIME LIMITATIONS ON VALIDITY OF PERMITS.
All permits issued under this subchapter shall expire by limitation six months after the date of
issuance if the work authorized by the permit has not been commenced. If after commencement the
work is discontinued for a period of 12 months, the permit therefor shall immediately expire. No work
authorized by any permit which has expired shall thereafter be performed until a new permit therefor
has been secured.
('75 Code, § 8.37)
§ 150.046 CHANGES IN WORK; APPROVAL REQUIRED.
After a permit has been issued, changes or deviations from the terms of the application and permit,
or changes or deviations from the plans or specifications involving any work under the juris- diction of
this chapter or of any regulatory code adopted herein, shall not be made until specific written approval
of such changes or deviations has been obtained from the appropriate inspector.
('75 Code, § 8.38)
§ 150.047 PERMIT FEES.
Fees for permits shall be based upon the total estimated cost of the proposed work, including all
subcontracts if any, but in no case shall the total estimated cost be less than the market value of
similar completed work in the town as determined by the appropriate inspector or inspectors. Permit
fees shall be as follows:
(A) Building permit fees (see schedule of fees in office of Building Inspector).
(B) Plumbing permit fees (see schedule of fees in office of Plumbing Inspector).
(C) Heating -air conditioning permit fees (see schedule of fees in office of Heating -Air Conditioning
Inspector).
(D) Electrical permit fees (see schedule of fees in office of Electrical Inspector).
('75 Code, § 8.39)
ELECTRICAL STANDARDS
§ 150.060 ELECTRICAL INSPECTOR; QUALIFICATIONS, DUTIES, AND AUTHORITY.
(A) There is hereby created the office of Electrical Inspector. The person chosen to fill the office of
Electrical Inspector shall have at least a high school education, or the equivalent; shall be a competent
electrician of good moral character; shall be possessed of such executive ability as is requisite for the
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efficient performance of his duties; shall have a thorough knowledge of the standard materials and
methods used in the installation of electric wiring, devices, appliances and equipment; shall be well
versed in approved methods of electrical construction for safety to life and property, the statutes of the
state relating to electrical work, the rules and regulations issued under authority of the statutes, the
State Electrical Code as approved by the State Building Code Council and the National Electrical
Safety Code as approved by the American National Standards Institute as it applies to the consumer.
(B) The Electrical Inspector shall be appointed by the Town Manager, who shall provide for him the
instruments necessary for him to properly make electrical inspections, and who shall notify the
Insurance Department of his appointment.
(C) Duties and authority.
(1) It shall be the duty of the Electrical Inspector to enforce all state and local laws governing
electrical installations and materials, to issue permits for and to make inspections of all new electrical
installations and alterations, and to issue such other permits and make such other inspections as may
be prescribed from time to time by the Board. He shall issue or deny certificates of compliance as
provided herein, issue orders to take other actions to correct violations, bring judicial actions against
actual or threatened violations, keep adequate records, and perform such other duties as may be
required of him.
(2) The Electrical Inspector shall have the right during reasonable hours to enter any building in
the discharge of his official duties, or for the purpose of making any inspection, reinspection, or test of
the installation of electric wiring, devices, and equipment contained therein, and shall have the
authority to cut or disconnect any wire in cases of emergency where necessary for safety to life and
property. The Electrical Inspector is hereby authorized to discon- nect, or order the discontinuance of,
electrical service to any electric wiring, devices, appliances, or equipment found to be dangerous to
life or property because it is defective or defectively installed until such wiring, devices, appliances,
and equipment and their installations have been made safe and approved by the Electrical Inspector.
(3) The Electrical Inspector shall comply with the conflict of interest requirements covered in G.S.
§ 160A-415.
('75 Code, §§ 8.81 and 8.82) (Ord. passed 9-12-77)
§ 150.061 PERMITS.
(A) No electric wiring, devices, appliances, or equipment shall be installed within or on any building
structures, or premises, nor shall any alteration or addition be made in any existing wiring, devices,
appliances, or equipment without securing a permit therefor and having an inspection thereof made by
the Electrical Inspector, except as specifically authorized below;
(1) No permit shall be required for minor repair work, such as the replacement of lamps, or the
connection of portable devices to suitable receptacles which have been permanently installed.
(2) No permit shall be required for the installation, alteration or repair of electrical wiring, devices,
appliances, and equipment installed by or for an electrical public service corporation or association for
the use of such corporation or association in the generation, transmission, distribution, or metering of
electrical energy, or for the use of such corporation or association in the operation of signals or the
transmission of intelligence.
(B) Any person may be permitted to perform electrical work upon his property, other than property
intended for rent, sale, or gift, provided that he first makes application for and obtains a permit from
the Electrical Inspector to do the specific work contem- plated and provided that he satisfies the
Electrical Inspector that he is competent to perform the work for which the permit is requested in a
manner which will meet all statutory and ordinance requirements. If so satisfied, the Electrical
Inspector shall issue a permit to the applicant personally to perform the particular work for which
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application was made. Such permit shall extend to the applicant only and shall not authorize the
applicant to employ the services of any other person to assist him unless such other person is a duly
qualified electrical contractor. The permit granted which application was made and the permit issued.
All work done under such permit shall be subject to regular electrical inspection requirements and fees
and shall meet all statutory and ordinance requirements and regulations applicable to such work.
(C) Annual permits.
(1) In lieu of an individual permit for each installation or alteration, an annual permit shall, upon
application therefor, be issued to any person, firm, or corporation regularly employing one or more
electricians for the installation and maintenance of electric wiring, devices, appliances and equipment
on premises owned or occupied by the applicant for the permit.
(2) The application for such annual permit shall be made in writing to the Electrical Inspector and
shall contain a description of the premises within which work is done under the permit. The person,
firm, or corporation to which an annual permit is issued shall keep a record of all electric wiring,
devices, appliances and equipment installed under the permit and the Electrical Inspector shall have
access to such record. Each annual permit shall expire on December 31 of the year in which it is
issued.
(3) At regular periods the Electrical Inspector shall visit all premises where work may be done
under annual permits and shall inspect all electrical wiring, devices, appliances, and equipment
installed under such a permit since the date of his last previous inspection and shall issue a certificate
of compliance for such work as is found to be in conformity with the provisions of this subchapter, after
the fee required has been paid. Upon inspection, if the installation is not found to be fully in conformity
with the provisions of this subchapter, the Electrical Inspector shall at once forward to the person, firm
or corporation, a written notice stating the defects which have been found.
(D) No permit other than an annual permit or a personal permit as described above shall be issued
to any person, firm or corporation unless such person, firm or corporation is the holder of an electrical
contractor's license issued by the State Board of Examiners of Electrical Contractors.
(E) In any case where no permit is required by this chapter, the Inspector may nevertheless issue a
certificate of compliance following an inspection so as to authorize an electric power firm to turn on
power to an installation.
('75 Code, § 8.83) (Ord. passed 9-12-77) Penalty, see § 150.999
§ 150.062 INSPECTIONS.
(A) The term INSPECTION as used in this chapter shall mean necessary scrutiny and checking of
a wiring installation to determine whether or not the installation has been made in conformity with state
and local laws governing wiring installations and materials. The Inspector shall have and use the
necessary instruments and tools for testing each installation as to insulation, continuity, polarity, and
the like.
(B) When any part of a wiring installation is to be hidden from view by the permanent placements of
parts of the building, the person, firm or corporation installing the wiring shall notify the Electrical
Inspector and such parts of the wiring installation shall not be concealed until they have been
inspected and approved by the Electrical Inspector, or until 24 hours exclusive of Saturdays, Sundays,
and holidays shall have elapsed from the time of such notification, provided that on large installations
where the conceal- ment of parts of the wiring proceeds continuously, the person, firm, or corporation
installing the wiring shall give the Electrical Inspector due notice and inspec- tions shall be made
periodically during the process of the work.
(C) Upon completion of any installation for which a permit and inspection is required, it shall be the
responsibility of the person installing same to notify the Electrical Inspector, who shall inspect the
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installation within 24 hours of the time such notice is given or as soon thereafter as practicable and
determine whether there has been compliance with all applicable laws. If he finds such compliance, he
shall issue a certificate of compliance as provided in § 150.063. If he finds that there has been a
violation of such laws, he may:
(1) Order that the violation be corrected and that a re -inspection be made;
(2) Cut or disconnect any wiring as provided in § 150.060(C);
(3) Issue a stop order, pursuant to G.S. § 160A-421;
(4) Revoke the permit or permits for the work, pursuant to G.S. § 160A-422;
(5) Initiate a court action for enforcement, pursuant to G.S. §§ 14-4, 143-138, 160A-432, or other
appropriate statutory authority; or
(6) Take any combination of these actions.
(D) Additional inspections, or inspection, or inspection trips, made by the Electrical Inspector or his
assistant, made necessary through the failure of any electrical contractor, or electrician in charge of
work, to specify location of work, or failure to install wiring or apparatus in proper manner, or to
otherwise create conditions making such additional inspections or trips necessary, are hereby
designated extra electrical inspections. For each such extra electrical inspection a fee as prescribed in
the fee schedule in § 150.065 of this subchapter shall be charged against and paid by the contractor
or electrician into the town's treasury. Nothing herein shall be construed to require extra fees for the
several inspections made necessary in the regular order of electrical construction work.
(E) When inspections are necessary due to changes or alterations in the original wiring system, the
Inspector shall also make an inspection of the original installation and if any defects due to additions
or alterations to the original system are found, he shall require such corrections as are necessary to
take care of the defects and loads which have been added.
(F) Existing wiring installations, or parts thereof, which complied with the minimum safety standards
of the state electrical code in effect at the time of installation and which have been properly maintained
shall not be considered to be in violation of the current electrical requirements. If an occupancy
classification change requires alterations to the existing electrical system, or parts thereof, such
alterations shall meet the current electrical code requirements. All additions to the existing electrical
system shall meet the current electrical code requirements.
('75 Code, § 8.84) (Ord. passed 9-12-77) Penalty, see § 150.999
§ 150.063 CERTIFICATE OF COMPLIANCE.
(A) When, on inspection, the Inspector finds that an installation is in conformity with all applicable
state and local laws, he shall prepare a certificate of compliance in triplicate. On payment of the appli-
cable fees, he shall deliver the original copy to the property owner and the second copy to the power
company which is to furnish electrical service. He shall retain the third copy as a record of such
compliance.
(B) The Inspector may issue a temporary cer- tificate of compliance authorizing the power
company to furnish electrical service to part or all of an installation while construction is in progress.
Such certificate shall be for a period stated on its face and shall be subject to any limitations noted on
its face. In the event of violation of a state or local law in the course of construction, such certificate
may be revoked by the Inspector.
('75 Code, § 8.85) (Ord. passed 9-12-77)
§ 150.064 RECORDS AND REPORTS.
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The Inspector shall keep complete records of all permits issued, inspections and reinspections
made, fees collected, and other official work performed in accordance with the provisions of this
subchapter. He shall make a quarterly report to the, Town Manager and an annual report to the Board
of permits issued, inspections made, and fees collected. He shall also keep on file a list of inspected
and electrical materials, devices, appliances and equipment issued by Underwriter's Laboratories,
Inc., which list shall be accessible for public reference.
('75 Code, § 8.86) (Ord. passed 9-12-77)
§ 150.065 ELECTRICAL INSPECTION FEES.
Before a certificate of compliance is granted for any electrical installation, the electrical contractor, or
property owner shall pay to the town or its authorized agent a fee in such amount as has been set by
the Board and is codified in § 150.124.
('75 Code, § 8.87) (Ord. passed 9-12-77)
§ 150.066 INSTALLATION STANDARDS.
All installations shall be in conformity with the provisions of the laws of the state governing electrical
wiring installations and materials, including but not limited to the state electrical code and other
applicable requirements in the state building code, and with the requirements of this subchapter.
('75 Code, § 8.88) (Ord. passed 9-12-77)
§ 150.067 SPECIAL CONSTRUCTION RULES.
Special construction rules, if any, which have been adopted by the Board and officially approved by
the State Building Code Council shall be required. ('75 Code, § 8.89) (Ord. passed 9-12-77) Penalty,
see § 150.999
§ 150.068 LIABILITY FOR DAMAGES.
This subchapter shall not be construed to relieve from or lessen the responsibility or liability of any
party owning, operating, controlling, or installing any electric wiring, devices, appliances, or equipment
for damages to person or property caused by any defect therein, nor shall the town be held as
assuming any such liability by reasons of the inspection authorized herein or the certificate of
compliance issued as herein provided.
('75 Code, § 8.91) (Ord. passed 9-12-77)
§ 150.069 APPEALS.
An appeal from any decision or order of the Inspector may be taken by any person. The method of
implementing an appeal is stated in §§ 151.48 through 151.52.
('75 Code, § 8.93) (Ord. passed 9-12-77)
§ 150.070 FAILURE TO COMPLY.
No person, firm or corporation shall violate any of the provisions of this subchapter, or shall fail to
correct any defects within a reasonable specified time after having been notified in writing by the
Electrical Inspector.
('75 Code, § 8.90) (Ord. passed 9-12-77) Penalty, see § 150.999
ENERGY CONSERVATION STANDARDS
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§ 150.080 STATUTORY AUTHORIZATION.
This subchapter is adopted pursuant to G.S. §§ 143-151.26 et seq. and 160A-194.
('75 Code, § 8.121) (Ord. 0-23-77, passed - - )
§ 150.081 REQUIRED LICENSE.
On and after January 1, 1978, no person, firm, or corporation may for a consideration install, alter, or
restore within the town any insulation or other materials or energy utilization equipment designed or
intended to meet the state building code requirements for insulation and energy utilization standards
who is not either:
(A) Licensed as a contractor to do the proposed work under G.S. Chapter 87;
(B) Working under the supervision of a registered architect or professional engineer;
(C) An owner working upon his own building; or
(D) Licensed under this subchapter.
('75 Code, § 8.122) (Ord. 0-23-77, passed - -) Penalty, see § 150.999
§ 150.082 APPLICATION.
Every person desiring a license under this subchapter shall submit an application for such license to
the Town Clerk conforming to the following requirements:
(A) Form of application. Each application shall be a written statement upon forms provided by the
Inspection Department.
(B) Contents of application. Each application shall contain the following information:
(1) Name and home address of the applicant, if an individual, or home and office address, if a
corporation or partnership.
(2) Names and home addresses of the partners, if a partnership;
(3) Names and home addresses of the officers and directors, if a corporation;
(4) Place where the proposed business is to be located;
(5) Complete record of all convictions of felonies or acts involving dishonesty, fraud, or deceit by
the applicant or any employee, partner, officer, or director of the applicant, whether in this or any other
state or jurisdiction;
(6) Complete record of all licenses held by the applicant or any employee, partner, officer, or
director of the applicant authorizing activities of the type authorized herein or other activities involving
construction, alteration, or modification of buildings and structures;
(7) Information as to the circumstances in which any local, state or federal government or agency
has refused, suspended, or revoked a license of the type described in subsection (6) of this division to
the applicant or any employee, partner, officer, or director of the applicant;
(C) Fees. Each application shall be accompanied by a fee for a license in an amount as shall be
determined from time to time by the Board of Aldermen, as set forth in the town fee schedule, copies
of which are available for public inspection in the office of the Town Manager, such amount to be for
the fiscal year and prorated by quarters to the end of such year.
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(D) False statements. False statements on any application for a license shall be grounds for
immediate revocation or denial of such license.
('75 Code, § 8.123) (Ord. 0-23-77, passed - - ) Penalty, see § 150.999
§ 150.083 PROCEDURE FOR ISSUANCE.
(A) Review by town officers. Each application received by the Town Clerk shall be promptly
forwarded to the Inspection Department and Police Department. Such officers shall promptly make
any comments and recommendations pertaining to the application and forward them to the Town
Clerk.
(B) Licensing agency. The application and any comments and recommendations relating thereto
shall be considered by the Building Inspector, which shall then issue or deny the license pursuant to
the following standards.
(C) Standards. The Town Clerk shall issue the license unless he or she shall find that the applicant
or any employee, partner, officer, or director of the applicant:
(1) Has been convicted within the last three years of a felony or act involving dishonesty, fraud,
or deceit, whether in this or any other state or jurisdiction.
(2) Has been refused a license to do the type of work authorized herein or has had such a
license suspended or revoked by any local, state, or federal government or agency and such
government or agency has not subsequently granted or restored such license;
(3) Has knowingly made a false statement in the application.
(4) Has failed to post the bond or other security required by § 150.084.
('75 Code, § 8.124) (Ord. 0-23-77, passed - - )
§ 150.084 BOND REQUIRED.
(A) Before a license shall be issued to any applicant, the applicant shall post a bond with the town
in an amount as shall be determined from time to time by the Board of Aldermen, as set forth in the
town fee schedule, copies of which are available for public inspection in the office of the Town
Manager. In lieu of posting a bond, the applicant may deposit a cashier's check of cash in the same
amount.
(B) The security required by division (A) shall be available to indemnify any person for any damage
which may accrue by reason of the applicant's failure to properly provide or install insulation or energy
utilization equipment or other materials designed or intended to meet the state building code
standards for insulation and energy utilization.
('75 Code, § 8.125) (Ord. 0-23-77, passed - - )
§ 150.085 TERMINATION AND RENEWAL OF LICENSES.
All licenses issued hereunder shall terminate on the last day of the fiscal year for which issued.
Renewal of such licenses shall be pursuant to the same procedures and requirements set forth for
initial issuance.
('75 Code, § 8.126) (Ord. 0-23-77, passed - - )
§ 150.086 SUSPENSION; REVOCATION.
(A) The Building Inspector may suspend or revoke any license issued hereunder at any time upon
showing that the applicant or any employee, partner, officer, or director of the applicant has:
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(1) Knowingly made a false statement in the application for a license;
(2) Violated the state building code requirements as to insulation or energy utilization equipment
or materials, whether in this or any other jurisdiction; or
(3) Been convicted of an act involving dishonesty, fraud, or deceit with respect to any contract
entered into for work requiring this license.
(B) Any licensee whose license is suspended or revoked may appeal the suspension or revocation
to the Town Manager. After reasonable notice to the licensee, the Town Manager shall afford the
licensee an opportunity to show why its license should not be suspended or revoked.
('75 Code, § 8.127) (Ord. 0-23-77, passed - - )
§ 150.087 CHANGE OF LOCATION.
The location of any licensed business may be changed, provided ten days' notice thereof is given to
the town and operation at such new location does not violate any applicable state or local law,
ordinance, or regulation.
('75 Code, § 8.128)
§ 150.088 REQUIRED PERMIT, FEE.
On and after January 1, 1978, no person, firm, or corporation licensed under this subchapter may for
a consideration install, alter, or restore any insulation or other materials or energy utilization equipment
designed or intended to meet the state building code requirements for insulation and energy utilization
without first securing a permit from the designated officer for each item of work. Fees for such permit
shall be determined from time to time by the Board of Aldermen and set forth in the town fee schedule,
copies of which are available for public inspection in the office of the Town Manager.
('75 Code, § 8.129) (Ord. 0-23-77, passed - - ) Penalty, see § 150.999
INSPECTION DEPARTMENT
§ 150.100 ORGANIZATION.
(A) The Board may contract with any other governmental agency or authority to carry out the
functions hereinafter provided for. In the absence of any such contract the following provisions shall
apply.
(B) The Inspection Department shall consist of a Building Inspector, a Plumbing Inspector, a
Heating -Air Conditioning Inspector, an Electrical Inspector, and such other inspectors or deputy or
assistant inspectors as may be authorized by the Board. The Board may in its discretion designate a
department head.
('75 Code, § 8.21)
§ 150.101 DUTIES OF DEPARTMENT AND INSPECTORS.
(A) It shall be the duty of the Inspection Department to enforce all of the provisions of this chapter
and of the regulatory codes adopted herein, and to make all inspections necessary to determine
whether or not the provisions of this chapter and such codes are being met.
(B) The State Building Code, Volume I, General Construction, and the State Uniform Residential
Building Code shall be enforced by the Building Inspector. The State Plumbing Code shall be enforced
by the Plumbing Inspector. The State Heating Code shall be enforced by the Heating -Air Conditioning
Inspector. The State Electrical Code shall be enforced by the Electrical Inspector.
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(C) Duties as Fire Inspector. These duties to be conducted in conjunction with the Chief of the Fire
Department.
(1) Routine inspection.
(a) He shall make monthly inspections of all boarding houses and other buildings which are two
or more stories in height.
(b) He shall make an annual inspection of all other structures located within the fire district.
(2) Inspections upon complaint. He shall, upon receipt of a complaint, forthwith investigate.
(3) He shall cause the removal of fire hazards by serving proper order to the owner or agent of
premises in question, such order to state a reasonable time limit. Failure to comply with such order
shall be considered a misdemeanor.
('75 Code, § 8.22) (Am. Ord. 79-07, passed - - ; Am. Ord. passed 4-6-81)
Cross-reference:
Fire prevention, see Chapter 93
§ 150.102 CONFLICTS OF INTEREST.
No officer or employee of the Inspection Depart- ment shall be financially interested in the furnishing
of labor, material, or appliances for the construction, alteration, or maintenance of a building or any
part thereof, or in the making of plans or specifications therefor unless he is the owner of such
building. No officer or employee of the Inspection Department shall engage in any work which is
inconsistent with his duties or with the interests of the town.
('75 Code, § 8.23)
§ 150.103 REPORTS AND RECORDS.
The Inspection Department, and each Inspector, shall keep complete, permanent, and accurate
records in convenient form of all applications received, permits issued, inspections and reinspections
made, and all other work and activities of the Inspection Department Periodic reports shall be
submitted to the Board, and to other agencies, as required.
('75 Code, § 8.24)
§ 150.104 INSPECTION PROCEDURE.
(A) Inspections.
(1) The Inspection Department shall inspect all buildings and structures and work therein for
which a permit of any kind has been issued as often as necessary in order to determine whether the
work complies with this chapter and the appropriate codes.
(2) When deemed necessary by the appro- priate inspector, materials and assemblies may be
inspected at the point of manufacture or fabrication, or inspections may be made by approved and
recognized inspection organizations, provided that no approval shall be based upon reports of such
organizations unless the same are in writing and certified by a responsible officer of such organization.
(3) All holders of permits, or their agents, shall notify the Inspection Department and the
appropriate inspector at each of the following stages of construction so that approval may be given
before work is continued:
(a) Foundation inspection. To be made after trenches are excavated and the necessary
reinforcement and forms are in place, and before concrete is placed. Drilled footings, piles, and similar
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types of foundations shall be inspected as installed.
(b) Framing inspection. To be made after all structural framing is in place and all roughing -in of
plumbing and electrical and heating has been installed, after all fire blocking, chimneys, bracing and
vents are installed, but before any of the structure is enclosed or covered. Poured in place concrete
structural elements shall be inspected before each pour of any structural member.
(c) Fireproofing inspection. To be made after all areas required to be protected by fireproofing
are lathed, but before the plastering or other fireproofing is applied.
(d) Final inspection. To be made after building or structure has all doors hung, fixtures set, and
ready for occupancy, but before the building is occupied.
(B) Calls for inspection.
(1) Request for inspections may be made to the office of the Inspection Department or to the
appropriate inspector. The Inspection Department shall make inspections as soon as practicable after
request is made therefor, provided such work is ready for inspection at the time the request is made.
(2) Reinspections may be made at the convenience of the inspector. No work shall be inspected
until it is in proper and completed condition ready for inspection. All work which has been concealed
before the inspection and approval shall be uncovered at the request of the inspector and placed in
condition for proper inspection. Approval or rejection of the work shall be furnished by the appropriate
inspector in the form of a notice posted on the building or given to the permit holder or his agent.
Failure to call for inspections or proceeding without approval at each stage of construction shall be
deemed a violation of this chapter.
(C) Street or alley lines. Where the applicant for a permit proposes to erect any building or
structure on the line of any street, alley, or other public place, he shall secure a survey of the line of
such street, alley, or other public place, adjacent to the property upon which such building or structure
is to be erected before proceeding with construction of such building or structure. It shall be the duty
of the Building Inspector to see that the building does not encroach upon such street, alley, or other
public place.
(D) Certificate of occupancy. No new building or part thereof shall be occupied, and no addition or
enlargement of any existing building shall be occupied, and no existing building after being altered or
moved shall be occupied, and no change of occupancy shall be made in any existing building or part
thereof, until the Inspection Department has issued a certificate of occupancy therefor. A temporary
certificate of occupancy may be issued for a portion or portions of a building which may safely be
occupied prior to final completion and occupancy of the entire building. Application for a certificate of
occupancy may be made by the owner or his agent after all final inspections have been made for new
buildings, or, in the case of existing buildings, after supplying the information and data necessary to
deter- mine compliance with this chapter, the appropriate regulatory codes and any zoning ordinance
for the occupancy intended. The Inspection Department shall issue a certificate of occupancy when,
after examina- tion and inspection, it is found that the building in all respects conforms to the
provisions of this chapter, the regulatory codes, and any zoning ordinance for the occupancy intended.
('75 Code, § 8.25)
§ 150.105 OVERSIGHT NOT TO LEGALIZE VIOLATION.
No oversight or dereliction of duty on the part of any inspector or other official or employee of the
Inspection Department shall be deemed to legalize the violation of any provision of this chapter or any
provision of any regulatory code herein adopted.
('75 Code, § 8.26)
§ 150.106 POWERS OF INSPECTION OFFICIALS.
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(A) Authority. Inspectors are hereby authorized, empowered, and directed to enforce all provisions
of this chapter and the regulatory codes herein adopted.
(B) Right -of -entry. Inspectors shall have the right -of -entry on any premises within the jurisdiction of
the regulatory codes herein adopted as reasonable hours for the purpose of inspection or enforcement
of the requirements of this chapter and the regulatory codes, upon presentation of proper credentials.
(C) Stop orders. Whenever any building or structure or part thereof is being demolished,
constructed, reconstructed, altered, or repaired in a hazardous manner, or in violation of any provision
of this chapter or any other town ordinance, or in violation of any provision of any regulatory code
herein adopted, or in violation of the terms of the permit or permits issued therefor, or in such manner
as to endanger life or property, the appropriate inspector may order such work to be immediately
stopped. Such order shall be in writing to the owner of the property or to his agent, or to the person
doing the work, and shall state the reasons therefor and the conditions under which the work may be
resumed.
('75 Code, § 8.27)
§ 150.107 INSPECTION OF BUILDINGS.
(A) Quarterly inspection of buildings. Once in every three months the local inspector of buildings
shall make a personal inspection of every building within the fire limits, and shall specifically inspect
the basement and garret, and he shall make such other inspection as may be required by the
Insurance Commissioner and shall report to the Insurance Commissioner all defects found by him in
any building upon a blank furnished by the Insurance Commissioner. The Building Inspector shall
notify the owner or occupant of buildings of any defects, and notify them to correct the same within a
reasonable time.
(B) Annual inspection of buildings. At least once in each year the local Inspector shall make a
general inspection of all buildings in the corporate limits and ascertain if the provisions of this
subchapter are complied with, and the local Inspector alone or with the Insurance Commissioner or
his deputy shall at all times have the right to enter any dwelling, store or other building and premises
to inspect same without molestation from any one. It shall be the duty of the local Building Inspector
to notify the occupant and/or owner of all premises of any defects found in this general inspection,
and see that they are properly corrected.
('75 Code, §§ 8.28 and 8.29) ('67 Code, Chapter M, Art. 1, §§ 5 and 6)
INSPECTION FEES
§ 150.120 CLASSIFICATION OF BUILDINGS BY OCCUPANCY.
Buildings shall be classified by occupancy as follows:
(A)
Group A
Residential
(B)
Group B
Business
(C)
Group C
Schools
(D)
Group D
Institutional
(E)
Group E
Assembly
(F)
Group F
Storage
(G)
Group G
Industrial
(H)
Group H
Special Hazardous
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('75 Code, § 8.101) (Ord. passed 10-24-77)
§ 150.121 INTENT.
It is the intent of this compilation to effect a fair and uniform schedule of fees to be charged for
permits issued by the Department.
('75 Code, § 8.102) (Ord. passed 10-24-77)
§ 150.122 PERMITS VALID ONLY UPON PAYMENT OF FEES.
No building, electrical, plumbing, mechanical, miscellaneous or other permit issued by the Depart-
ment of Inspections shall be valid until fees as prescribed by this subchapter shall have been paid to
the town and evidence of such payment is marked on the face of such permit.
('75 Code, § 8.103) (Ord. passed 10-24-77)
§ 150.123 PERMIT FEES FOR WORK BEGUN PRIOR TO OBTAINING PERMITS.
In all cases where building, construction, electrical, plumbing, mechanical, or other work for which a
permit is required is commenced before such permit is obtained, except where specified permission is
granted to proceed by the Department of Inspec- tion, any permit fee due the town for a permit for
such work shall be twice the amount of the regular permit fee specified herein which would have been
due had such permit been obtained prior to commencing work.
('75 Code, § 8.104) (Ord. passed 10-24-77)
§ 150.124 SCHEDULE OF PERMIT FEES.
Building and zoning permit fees shall be deter- mined from time to time by the Board of Aldermen
and set forth in the town fee schedule, copies of which are available for public inspection in the office
of the Town Manager.
('75 Code, § 8.105) (Ord. passed 10-24-77)
§ 150.125 INSPECTIONS.
(A) The state building code sets standards for all building construction and electrical, mechanical
and plumbing installations. To assure compliance with these standards, the building construction is
inspected in the footing or foundation and framing stages, the application of insulation and in the final
stage. Electrical, mechanical, and plumbing installations are inspected in the rough and final stages.
(B) The state building code also sets standards for the construction and installation of mobile
homes. Each unit is inspected for set up and tie down, plumbing and heating connections and outside
electrical connections. Inside inspections are made on all mobile homes which have not been
approved by an independent testing laboratory during construction.
(C) The zoning ordinance within the town requires the inspection of all new sign installations. They
are inspected for location, size, and height.
(D) For every new building, a certificate of compliance/occupancy is issued to the property owner
after all required inspections are made. Authorization for utility service is then given to the utility
companies.
(E) All contractors are required to call at the proper stage when work is ready for inspection.
('75 Code, § 8.106) (Ord. passed 10-24-77)
§ 150.999 PENALTY.
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(A) Any person who violates any provision of this chapter for which no penalty is otherwise provided
shall be guilty of a Class 3 misdemeanor and shall be fined not more than $50 or imprisoned for not
more than 30 days. (G.S. § 14-4(a))
(B) Any person, firm, or corporation violating the provisions of §§ 150.080 through 150.088 shall be
subject to all the applicable punishment, penalties, and equitable relief provided for by G.S. § 160A-
175 and Chapter 703, North Carolina Session Laws of 1977.
('75 Code, § 8.130) (Ord. 0-23-77, passed - - )
Section
CHAPTER 151: MINIMUM HOUSING STANDARDS
General Provisions
151.01 Findings and purpose
151.02 Definitions
151.03 Responsibilities of owners and occupants
Minimum Standards for Dwellings and Dwelling Units
151.15 Compliance required
151.16 Structural conditions
151.17 Basic equipment and facilities
151.18 Ventilation
151.19 Space, use, and location
151.20 Safe and sanitary maintenance
151.21 Control of insects, rodents and infestations
Minimum Standards for Rooming Houses
151.30 Application of regulations
151.31 Water closet, lavatory and bath facilities
151.32 Minimum floor area for sleeping purposes
151.33 Sanitary conditions
151.34 Location of sanitary facilities
Administration and Enforcement
151.45 Building Inspector; duties and powers
151.46 Right of entry of Building Inspector
151.47 Certificate of occupancy
151.48 Enforcement procedure
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151.49 Methods of service of complaints and orders
151.50 In rem action by Inspector; placarding
151.51 Costs; lien on premises
151.52 Alternative remedies
151.53 Housing Appeals Board
151.54 Conflict with other provisions
151.55 Failure to comply; violations
GENERAL PROVISIONS
§ 151.01 FINDINGS AND PURPOSE.
(A) Pursuant to G.S. § 160A-441, it is hereby found and declared that there exist in the town,
dwellings which are unfit for human habitation due to dilapidation, defects increasing the hazards of
fire, accidents and other calamities, lack of ventilation, light and sanitary facilities, and due to other
conditions rendering such dwellings unsafe or unsanitary, and dangerous and detrimental to the
health, safety and morals, and otherwise inimical to the welfare of the residents of the town.
(B) In order to protect the health, safety and welfare of the residents of the town as authorized by
G.S. Chapter 160A, Article 19, Part 6, it is the purpose of this subchapter to establish minimum
standards of fitness for the initial and continued occupancy of all buildings used for human habitation,
as expressly authorized by G.S. § 160A-444.
('75 Code, § 8.51) (Ord. passed 3-28-74)
§ 151.02 DEFINITIONS.
(A) Specific definitions. For the purpose of this chapter, the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
BASEMENT. A portion of a building which is located partly underground, having direct access to
light and air from windows located above the level of the adjoining ground.
CELLAR. A portion of a building located partly or wholly underground having an inadequate access
to light and air from windows located partly or wholly below the level of the adjoining ground.
DETERIORATED. A dwelling is unfit for human habitation but can be repaired, altered or improved
to comply with all of the minimum standards established by this subchapter, at a cost not in excess of
50% of its value, as determined by finding of the Inspector.
DILAPIDATED. A dwelling is unfit for human habitation and cannot be repaired, altered or improved
to comply with all of the minimum standards established by this subchapter at a cost not in excess of
50% of its value, as determined by finding of the Inspector.
DWELLING. Any building which is wholly or partly used or intended to be used for living or sleeping
by human occupants, provided that temporary housing as hereinafter deemed shall not be regarded
as a DWELLING.
DWELLING UNIT. Any room or group of rooms located within a dwelling and forming a single
habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and
eating.
EXTERMINATION. The control and elimination of insects, rodents or other pests by eliminating
their harborage places; by removing or making inaccessible materials that may serve as their food; by
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poisoning, spraying, fumigating, trapping or by other recognized and legal pest elimination methods
approved by the Inspector.
GARBAGE. The animal and vegetable waste resulting from the handling, preparation, cooking and
consumption of food.
HABITABLE ROOM. A room or enclosed floor space used or intended to be used for living,
sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries,
heater rooms, foyers, or communicating corridors, closets, and storage spaces.
INFESTATION. The presence, within or around a dwelling, of any insects, rodents or other pests in
such number as to constitute a menace to the health, safety, or welfare of the occupants or to the
public.
INSPECTOR. A Building Inspector of the town or any agent of the Inspector who is authorized by
the Inspector.
MULTIPLE DWELLING. Any dwelling containing more than two dwelling units.
OCCUPANT. Any person over one year of age, living, sleeping, cooking or eating in, or having
actual possession of a dwelling unit or rooming unit.
OPERATOR. Any person who has charge, care or control of a building, or part thereof, in which
dwelling units or rooming units are let.
OWNER. Any person who alone, or jointly, or severally with others:
(1) Shall have title to any dwelling or dwelling unit, with or without accompanying actual
possession thereof; or
(2) Shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the
owner, or an executor, executrix, administrator, administratrix, trustee, or guardian or the estate of the
owner. Any such person thus representing the actual owner shall be bound to comply with the
provisions of this chapter, and of rules and regulations adopted pursuant thereto, to the same extent
as if he were the owner.
PLUMBING. Includes all of the following supplied facilities and equipment: gas pipes, gas burning
equipment, water pipes, mechanical garbage disposal units (mechanical sink grinder), waste pipes,
water closets, sinks, installed dishwashers; lavatories, bathtubs, shower baths, installed clothes
washing machines, catch basin, drains, vents and any other similar supplied fixtures, together with all
connections to water, sewer or gas line.
PUBLIC AUTHORITY. The Town Housing Authority or any officer who is in charge of any
department or branch of the government of the town or of Guilford and Alamance Counties or the
state relating to health, fire, building regulations or other activities concerning dwellings in the town.
ROOMING HOUSE. Any dwelling, or that part of any dwelling containing one or more rooming
units, in which space is let by the owner or operator to three or more persons who are not husband
and wife, son or daughter, mother or father or sister or brother of the owner or operator.
ROOMING UNIT. Any room or group of rooms forming a single habitable unit used or intended to
be used for living and sleeping, but not for cooking or eating purposes.
RUBBISH. Combustible and non-combustible waste materials except garbage and ashes, and the
term shall include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard
trimmings, tin cans, metals, mineral matter, glass, crockery and dust.
SUPPLIED. Paid for, furnished, or provided by, or under the control of, the owner or operator.
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TEMPORARY HOUSING. Any tent, trailer or other structure used for human shelter which is
designed to be transportable and which is not attached to the ground, to another structure or to any
utilities system on the same premises for more than 30 consecutive days.
UNFIT FOR HUMAN HABITATION. Conditions exist in a dwelling which violate or do not comply
with one or more of the minimum standards of fitness or one or more of the requirements established
by this chapter.
(B) Meaning of certain words. Whenever the words DWELLING, DWELLING UNIT, PREMISES,
ROOMING HOUSE, ROOMING UNIT are used in this chapter, they shall be construed as though they
were followed by the words "or any part thereof."
('75 Code, § 8.52) (Ord. passed 3-28-74; Am. Ord. passed 5-3-82)
§ 151.03 RESPONSIBILITIES OF OWNERS AND OCCUPANTS.
(A) Public areas. Every owner of a dwelling containing two or more dwelling units shall be
responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling
and premises thereof.
(B) Cleanliness. Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary
condition that part of the dwelling, dwelling unit, and premises thereof which he occupies and controls.
(C) Rubbish and garbage. Every occupant of a dwelling and dwelling unit shall dispose of all his
rubbish and garbage in a clean and sanitary manner by placing it in the supplied storage facilities. In
all cases the owner shall be responsible for the availability of rubbish and garbage storage facilities.
(D) Supplied plumbing fixtures. Every occupant of a dwelling unit shall keep all supplied plumbing
fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of
reasonable care in the proper use and operation of same.
(E) Care of facilities, equipment and structure. No occupant shall willfully destroy, deface, or impair
any of the facilities or equipment, or any part of the structure of a dwelling or dwelling unit.
('75 Code, § 8.61) (Ord. passed 3-28-74) Penalty, see § 150.999
MINIMUM STANDARDS FOR DWELLINGS AND DWELLING UNITS
§ 151.15 COMPLIANCE REQUIRED.
Every dwelling and dwelling unit used as a human habitation, or held out for use as a human
habitation, shall comply with all of the minimum standards of fitness for human habitation and all of the
requirements of §§ 151.16 through 151.21 of this subchapter. No person shall occupy as owner -
occupant, or let to another for occupancy or use as a human habitation, any dwelling or dwelling unit
which does not comply with all of the minimum standards of fitness for human habitation and all of the
requirements of §§ 151.16 through 151.21 of this subchapter.
('75 Code, § 8.53) (Ord. passed 3-28-74) Penalty, see § 150.999
§ 151.16 STRUCTURAL CONDITIONS.
(A) Walls or partitions or supporting members, sills, joists, rafters or other structural members shall
not list, lean or buckle, and shall not be rotted, deteriorated, or damaged, and shall not have holes or
cracks which might admit rodents.
(B) Floors or roofs shall have adequate supporting members and strength to be reasonably safe for
the purpose used.
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(C) Foundations, foundation walls, piers or other foundation supports shall not be deteriorated or
damaged.
(D) Steps, stairs, landings, porches, or other parts or appurtenances shall be maintained in such
condition that they will not fail or collapse.
(E) Adequate facilities for egress in case of fire or panic shall be provided.
(F) Interior walls and ceilings of all rooms, closets and hallways shall be finished of suitable
materials, which will, by use of reasonable household methods promote sanitation and cleanliness,
and shall be maintained in such a manner so as to enable the occupants to maintain reasonable
privacy between various spaces.
(G) The roof, flashings, exterior walls, basement walls, floors, and all doors and windows exposed
to the weather shall be constructed and maintained so as to be weather and watertight.
(H) There shall be no chimneys or parts thereof which are defective, deteriorated or in -danger of
falling, or in such condition or location as to constitute a fire hazard.
(1) There shall be no use of the ground for floors, or wood floors on the ground.
('75 Code, § 8.54) (Ord. passed 3-28-74) Penalty, see § 150.999
§ 151.17 BASIC EQUIPMENT AND FACILITIES.
(A) Plumbing system.
(1) Each dwelling unit shall be connected to a potable water supply and to the public sewer or
other approved sewage disposal system.
(2) Each dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, water
closet, and adequate supply of both cold water and hot water. All water shall be supplied through an
approved pipe distribution system connected to a potable water supply.
(3) All required plumbing fixtures shall meet the standards of the town plumbing code and shall
be maintained in a state of good repair and in good working order.
(4) All required plumbing fixtures shall be located within the dwelling unit and be accessible to the
occupants of same. The water closet and tub or shower shall be located in a room or rooms affording
privacy to the user.
(B) Heating system. Every dwelling and dwelling unit shall have facilities for providing heat in
accordance with either subsection (1) or (2) of this division.
(1) Central and electric heating systems. Every central or electric heating system shall be of
sufficient capacity so as to heat all habitable rooms, bathrooms and water closet compartments in
every dwelling unit to which it is connected with a minimum temperature of 70°F. measured at a point
three feet above the floor during ordinary winter conditions.
(2) Other heating facilities. Where a central or electric heating system is not provided, each
dwelling and dwelling unit shall be provided with sufficient fireplaces, chimneys, flues or gas vents
whereby heating appliances may be connected so as to heat all habitable rooms with a minimum
temperature of 70°F. measured three feet above the floor during ordinary winter conditions.
(C) Electrical system.
(1) Every dwelling and dwelling unit shall be wired for electric lights and convenience
receptacles. Every habitable room shall contain at least two floor or wall -type electric convenience
receptacles, connected in such manner as determined by the Town Electric Code. There shall be
installed in every bathroom, water closet room, laundry room and furnace room at least one supplied
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ceiling, or wall -type electric light fixture. In the event wall or ceiling light fixtures are not provided in
any habitable room, then each such habitable room shall contain at least three floor or wall -type
electric convenience receptacles.
(2) Every public hail and stairway in every multiple dwelling shall be adequately lighted by electric
lights at all times when natural daylight is not sufficient.
(3) All fixtures, receptacles, equipment and wiring shall be maintained in a state of good repair,
safe, capable of being used, and installed in accordance with the Town Electrical Code.
('75 Code, § 8.55) (Ord. passed 3-28-74) Penalty, see § 150.999
§ 151.18 VENTILATION.
(A) General. Every habitable room shall have at least one window or skylight facing directly to the
outdoors. The minimum total window area, measured between stops, for every habitable room shall
be 10% of the floor area of such room. Whenever walls or other portions of structures face a window
or any room and such light obstructing structures are located less than five feet from the window and
extend to a level above that of the ceiling of the room, such a window shall not be deemed to face
directly to the outdoors and shall not be included as contributing to the required minimum total window
area. Whenever the only window in a room is a skylight -type window in the top of such room, the total
window area of such skylight shall equal at least 15% of the total floor area of such room.
(B) Habitable rooms. Every habitable room shall have at least one window or skylight which can
easily be opened, or such other device as will adequately ventilate the room. The total openable
window area, in every habitable room shall be equal to at least 45% of the minimum window area size
or minimum skylight -type window size as required, or shall have other approved, equivalent
ventilation.
(C) Bathroom and water closet rooms. Every bathroom and water closet compartment shall
comply with the light and ventilation requirements for habitable rooms except that no window or
skylight shall be required in adequately ventilated bathrooms and water closet rooms equipped with an
approved ventilation system.
('75 Code, § 8.56) (Ord. passed 3-28-74) Penalty, see § 150.999
§ 151.19 SPACE, USE, AND LOCATION.
(A) Room sizes. Every dwelling unit shall contain at least the minimum room size in each habitable
room as required by the town residential building code.
(1) Every dwelling unit shall contain at least 150 square feet of habitable floor area for the first
occupant, at least 100 square feet of additional habitable area for each of the next three occupants,
and at least 75 square feet of additional habitable floor area for each additional occupant.
(2) In every dwelling unit and in every rooming unit, every room occupied for sleeping purposes
by one occupant shall contain at least 70 square feet of floor area, and every room occupied for
sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for
each occupant 12 years of age and over and at least 35 square feet of floor area for each occupant
under 12 years of age.
(B) Ceiling height. At least one-half of the floor area of every habitable room shall have a ceiling
height of not less than seven feet and six inches.
(C) Floor area calculation. Floor area shall be calculated on the basis of habitable room area.
However, closet area and wall area within the dwelling unit may count for not more than 10% of the
required habitable floor area. The floor area of any part of any room where the ceiling height is less
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than four and one-half feet shall not be considered as part of the floor area computing the total area of
the room to determine maximum permissible occupancy.
(D) Cellar. No cellar shall be used for living purposes.
(E) Basements. No basement shall be used for living purposes unless:
(1) The floor and walls are substantially water -tight;
(2) The total window area, total openable window area and ceiling height are equal to those
required for habitable rooms;
(3) The required minimum window area of every habitable room is entirely above the grade
adjoining such window area, except where the window or windows face a stairwell, window well, or
accessway.
('75 Code, § 8.57) (Ord. passed 3-28-74) Penalty, see § 150.999
§ 151.20 SAFE AND SANITARY MAINTENANCE.
(A) Exterior foundation, walls, and roofs. Every foundation wall, exterior wall, and exterior roof shall
be substantially weather -tight and rodent proof, shall be kept in sound condition and good repair, shall
be capable of affording privacy, and shall be safe to use and capable of supporting the load which
normal use may cause to be placed thereon. Every exterior wall shall be protected with paint or other
protective covering to prevent the entrance or penetration of moisture or the weather.
(B) Interior floor, walls, and ceilings. Every floor, interior wall, and ceiling shall be substantially
rodent proof, shall be kept in sound condition and good repair, and shall be safe to use and capable of
supporting the load which normal use may cause to be placed thereon.
(C) Windows and doors. Every window, exterior door, basement or cellar door, and hatch -way
shall be substantially weather -tight, water -tight, and rodent proof and shall be kept in sound working
condition and good repair.
(D) Stairs, porches, and appurtenances. Every outside and inside stair, porch, and any
appurtenance thereto shall be safe to use and capable of supporting the load that normal use may
cause to be placed thereon; and shall be kept in sound condition and good repair.
(E) Bathroom floors. Every bathroom floor surface and water closet compartment floor surface
shall be constructed and maintained so as to be reasonably impervious to water and so as to permit
such floor to be easily kept in a clean and sanitary condition.
(F) Supplied facilities. Every supplied facility, piece of equipment, or utility which is required under
this subchapter shall be so constructed or installed that it will function safely and effectively, and shall
be maintained in satisfactory working condition.
(G) Drainage. Every yard shall be properly graded so as to obtain thorough drainage and so as to
prevent the accumulation of stagnant water.
(H) Noxious weeds. Every yard and all exterior property areas shall be kept free of species of
weeds or plant growth which are noxious or detrimental to health.
(1) Egress. Every dwelling unit shall be provided with adequate means of egress as required by the
town building code.
('75 Code, § 8.58) (Ord. passed 3-28-74) Penalty, see § 150.999
§ 151.21 CONTROL OF INSECTS, RODENTS AND INFESTATIONS.
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(A) Screens. In every dwelling unit, for protection against mosquitoes, flies, and other insects,
every door opening directly from a dwelling unit to outdoor space shall have supplied and installed
screens and a self -closing device; and every window or other device with openings to outdoor space,
used or intended to be used for ventilation, shall likewise be supplied with screens installed. The only
exception to this will be a single-family home with central heating and air conditioning, in which these
provisions are recommended, but not required.
(B) Rodent control. Every basement or cellar window used or intended to be used for ventilation,
and every other opening to a basement which might provide an entry for rodents, shall be supplied
with screens installed or such other approved device as will effectively prevent their entrance.
(C) Infestation. Every occupant of a dwelling containing a single dwelling unit shall be responsible
for the extermination of any insects, rodents, or other pests therein or on the premises, and every
occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible
for such extermination whenever his dwelling unit is the only one infested. Whenever infestation is
caused by failure of the owner to maintain a dwelling in a rodent proof or reasonably insect proof
condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or
more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing
two or more dwelling units, extermination shall be the responsi- bility of the owner.
(D) Rubbish storage and disposal. Every dwelling and every dwelling unit shall be supplied with
approved containers and covers for storage of rubbish as required by town ordinances, and the owner,
operator or agent in control of such dwelling or dwelling unit shall be responsible for the removal of
rubbish.
(E) Garbage storage and disposal. Every dwelling and every dwelling unit shall be supplied with
an approved garbage disposal facility, which may be an adequate mechanical garbage disposal unit
(mechanical sink grinder) in each dwelling unit or an incinerator unit, to be approved by the Inspector,
in the structure for the use of the occupants of each dwelling unit, or an approved outside garbage can
as required by town ordinances.
('75 Code, § 8.59) (Ord. passed 3-28-74; Am. Ord. 79-18, passed 4-2-79) Penalty, see § 150.999
MINIMUM STANDARDS FOR ROOMING HOUSES
§ 151.30 APPLICATION OF REGULATIONS.
All of the provisions of this chapter, and all of the minimum standards and requirements of this
chapter, shall be applicable to rooming houses, and to every person who operates a rooming house,
or who occupies or lets to another for occupancy any rooming unit in any rooming house, except as
provided in this subchapter.
('75 Code, § 8.60) (Ord. passed 3-28-74)
§ 151.31 WATER CLOSET, LAVATORY AND BATH FACILITIES.
At least one water closet, lavatory basin, and bathtub or shower, properly connected to an approved
water and sewer system and in good working condition, shall be supplied for each four rooms within a
rooming house wherever the facilities are shared. All such facilities shall be located within the
residence building served and shall be directly accessible from a common hall or passageway and
shall be not more than one story removed from any of the persons sharing such facilities. Every
lavatory basin and bathtub or shower shall be supplied with hot and cold water at all times. Such
required facilities shall not be located in a cellar.
('75 Code, § 8.60(1)) Penalty, see § 150.999
§ 151.32 MINIMUM FLOOR AREA FOR SLEEPING PURPOSES.
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Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of
floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at
least 50 square feet of floor area for each occupant 12 years of age and over and least 35 square feet
of floor area for each occupant under 12 years of age.
('75 Code, § 8.60(2)) Penalty, see § 150.999
§ 151.33 SANITARY CONDITIONS.
The operator of every rooming house shall be responsible for the sanitary maintenance of all walls,
floors, and ceilings, and for the sanitary maintenance of every other part of the rooming house, and he
shall be further responsible for the sanitary maintenance of the entire premises where the entire
structure or building within which the rooming house is contained is leased or occupied by the
operator.
('75 Code, § 8.60(3)) Penalty, see § 150.999
§ 151.34 LOCATION OF SANITARY FACILITIES.
Every water closet, flush urinal, lavatory basin, and bathtub or shower required by § 151.31 of this
chapter shall be located within the rooming house and within a room or rooms which afford privacy
and are separate from the habitable rooms, and which are accessible from a common hall and without
going outside the rooming house or through any other room therein.
('75 Code, § 8.60(4)) Penalty, see § 150.999
ADMINISTRATION AND ENFORCEMENT
§ 151.45 BUILDING INSPECTOR; DUTIES AND POWERS.
(A) Enforcement officer. The Building Inspector is hereby designated as the officer to enforce the
provisions of this subchapter and to exercise the duties and powers herein prescribed. It shall be the
duty of the Building Inspector:
(1) To investigate the dwelling conditions, and to inspect dwelling and dwelling units, located in
the town, in order to determine which dwellings and dwelling units are unfit for human habitation, and
for the purpose of carrying out the objectives of this subchapter with respect to such dwellings and
dwelling units;
(2) To take such action, together with other appropriate departments and agencies, public and
private, as may be necessary to effect rehabilitation of housing which is deteriorated;
(3) To keep a record of the results of inspections made under this subchapter and an inventory of
those dwellings that do not meet the minimum standards of fitness herein prescribed; and,
(4) To perform such other duties as may be herein prescribed.
(B) Powers of Building Inspector. The Building Inspector is authorized to exercise such powers as
may be necessary or convenient to carry out and effectuate the purpose and provisions of this
subchapter, including the following powers in addition to others herein granted:
(1) To investigate the dwelling conditions in the town in order to determine which dwellings
therein are unfit for human habitation;
(2) To administer oaths and affirmations, examine witnesses and receive evidence;
(3) To enter upon premises for the purpose of making examinations and inspections, provided
that such entries shall be made in such manner as to cause the least possible inconvenience to the
persons in possession; and
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(4) To appoint and fix the duties of such officers, agents, and employees as he deems necessary
to carry out the purposes of this subchapter.
('75 Code, §§ 8.62 and 8.63) (Ord. passed 3-28-74)
§ 151.46 RIGHT OF ENTRY OF BUILDING INSPECTOR.
For the purpose of making inspections, the Inspector is hereby authorized to enter, examine, and
survey at all reasonable times all dwellings, dwelling units, rooming units and premises. The owner or
occupant of every dwelling, dwelling unit, or rooming unit, or the person in charge thereof, shall give
the Inspector free access to such dwelling, dwelling unit, or rooming unit, and its premises at all
reasonable times for the purposes of such inspection, examination, and survey. Every occupant of a
dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of
such dwelling or dwelling unit, and its premises, at all reasonable times for the purpose of making
such repairs or alterations as are necessary to effect compliance with the provisions of this subchapter
or with any lawful order issued pursuant to the provisions of this subchapter.
('75 Code, § 8.64) (Ord. passed 3-28-74)
§ 151.47 CERTIFICATE OF OCCUPANCY.
(A) Inspection of vacant units.
(1) In order to comply with the purposes of this code, the Inspector is hereby directed and
authorized to inspect all dwelling units as they become vacant or at such time as the occupancy of the
unit is changed; and should he find violations, it shall be his duty to proceed as under the terms of this
code.
(2) That in order to aid the Inspector in determining the vacancy of dwelling units, the Water
Department of the town and the Duke Power Company will make available daily, reports of requests
for meter disconnections, removals, and changes in the meter registration. That prior to the
reconnecting, reinstallation, or meter registration change, a certificate of occupancy must be first
issued by the Inspector.
(3) That in such cases where the owner is not the occupant of the dwelling unit but where the
water or electrical meter is registered in the owner's name, the owner or his agent shall notify the
Inspector at such time as the dwelling unit shall become vacant and secure a certificate of occupancy
before the dwelling unit is reoccupied.
(4) That in such cases where there are neither water nor light connections in the dwelling unit,
the owner or his agent shall notify the Inspector at such time as the dwelling unit shall become vacant
and secure a certificate of occupancy before the dwelling unit is reoccupied.
(5) The restrictions and certificates of subsections (1) through (4) of this division apply to housing
only.
(B) Procedure for certificate of occupancy.
(1) Criteria for issuance. In order to receive a certificate of occupancy the owner or his
authorized agent must show that his building and use is in compliance with the applicable codes, and
any other applicable laws.
(2) Temporary certificate. A temporary or limited certificate may be issued when the building is
incomplete or compliance with minor requirements is delayed or for other reasons as long as safety to
the occupants is secured. The time limit on the certificate will depend on individual circumstances.
(3) Revocation. The certificate may be revoked when:
(a) Materially false information is given on the application.
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(b) Unsafe or unlawful conditions of building, occupancy, or use resulting from:
Physical conditions of the building, premises, its systems or facilities.
2. Occupancy or use inconsistent with the building design and construction as required by the
building code.
3. Violations of the zoning ordinances.
(c) The certificate has been issued in error.
(d) Violations of the subdivision ordinances.
(e) Violations of Health Department Laws.
('75 Code, § 8.65) (Ord. passed 3-3-75)
§ 151.48 ENFORCEMENT PROCEDURE.
(A) Preliminary investigation; notice; hearing.
Whenever a petition is filed with the Inspector by a public authority or by at least five residents of the
town charging that any dwelling or dwelling unit is unfit for human habitation, or whenever it appears
to the Inspector, upon inspection, that any dwelling or dwelling unit is unfit for human habitation, he
shall, if his preliminary investigation discloses a basis for such charges, serve a complaint stating such
charges and containing a notice that a hearing will be held before the Inspector at a place therein
fixed not less than ten nor more than 30 days after the serving of the complaint. The owner or any
party in interest shall have the right to file an answer to the complaint and to appear in person, or
otherwise, and give testimony at the place and time fixed in the complaint. Notice of such hearing shall
also be given to at least one of the persons signing a petition relating to such dwelling. Any person
desiring to do so may attend such hearing and give evidence relevant to the matter being heard. The
rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the
Inspector.
(B) Procedure after hearing.
(1) After such notice and hearing, the Inspector shall state in writing his determination whether
such dwelling or dwelling unit is unfit for human habitation, and, if so, whether it is deteriorated or
dilapidated.
(2) If the Inspector determines that the dwelling or dwelling unit is deteriorated, he shall state in
writing his findings of fact in support of such determination, and shall issue and cause to be served
upon the owner thereof an order directing and requiring the owner to repair, alter, and improve such
dwelling or dwelling unit to comply with the minimum standards of fitness established by this
subchapter within a specified period of time not to exceed 90 days. Such order may also direct and
require the owner to vacate and close such dwelling or dwelling unit until such repairs, alterations, and
improvements have been made.
(3) If the Inspector determines that the dwelling is dilapidated, he shall state in writing his findings
of fact to support such determination, and shall issue and cause to be served upon the owner thereof
an order directing and requiring the owner to either repair, alter and improve such dwelling or dwelling
unit to comply with the minimum standards of fitness established by this subchapter, or else vacate
and remove or demolish the same within a specified period of time not to exceed 90 days.
(C) Failure to comply with order.
(1) In personam remedy. After failure of an owner of a deteriorated dwelling or dwelling unit to
comply with an order of the Inspector to repair, alter, or improve the same within the time specified
therein, or if the owner of a dilapidated dwelling shall fail to comply with an order of the Inspector to
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vacate and close, and remove or demolish the same within the time specified therein, the Inspector
shall submit to the Board of Aldermen at its next regular meeting a resolution directing the Town
Attorney to petition the superior court for an order directing such owner to comply with the order of the
Inspector, as authorized by G.S. § 160A-446(g).
(2) In rem remedy. After failure of an owner of a deteriorated dwelling or dwelling unit, or of a
dilapidated dwelling, to comply with an order of the Inspector within the time specified therein, if
injunctive relief has not been sought or has not been granted as provided in subsection (1) of this
division, the Inspector shall submit to the Board of Aldermen an ordinance ordering the Inspector to
cause such dwelling or dwelling unit to be repaired, altered, improved, or vacated and closed and
removed or demolished, as provided in the original order of the Inspector, and pending such removal
or demolition, to placard such dwelling, as provided by G.S. § 160A-443 and § 151.49 of this chapter.
(D) Appeals from orders of Inspector.
(1) An appeal from any decision or order of the Inspector may be taken by any person aggrieved
thereby. Any appeal from the Inspector shall be taken within ten days from the rendering of the
decision or service of the order, and shall be taken by filing with the Inspector and with the Housing
Appeals Board a notice of appeal which shall specify the grounds upon which the appeal is based.
Upon the filing, of any notice of appeal, the Inspector shall forthwith transmit to the Board all the
papers constituting the record upon which the decision appealed from was made. When appeal is
from a decision of the Inspector refusing to allow the person aggrieved thereby to do any act, the
appeal shall have the effect of suspending the requirement until the hearing by the Board, unless the
Inspector certifies to the Board, after the notice of appeal is filed with him that by reason of the facts
stated in the certificate (a copy of which shall be furnished the appellant), a suspension of his
requirement would cause imminent peril to life or property, in which case the require- ment shall not be
suspended except by a restraining order which may be granted for due cause shown upon not less
than one day's written notice to the Inspector, by the Board, or by a court of record upon petition made
pursuant to G.S. § 160A-446(f) and division (E) of this section.
(2) The Board shall fix a reasonable time for the hearing of all appeals, shall give due notice to all
the parties, and shall render its decision within a reasonable time. Any party may appear in person or
by agent or attorney. The Board may reverse or affirm, wholly or partly, or may modify the decision or
order appealed from, and may make such decision and order as in its opinion ought to be made in the
matter, and to that end it shall have all the powers of the Inspector, but the concurring vote of four
members of the Board shall be necessary to reverse or modify any decision or order of the Inspector.
The Board shall have power also in passing upon appeals, in any case where there are practical
difficulties or unnecessary hardships in the way of carrying out the strict letter of the ordinance, to
adapt the, application of the ordinance to the necessities of the case to the end that the spirit of the
ordinance shall be observed, public safety and welfare secured, and substantial justice done.
(3) Every decision of the Board shall be subject to review by proceedings in the nature of
certiorari instituted within 15 days of the decision of the Board, but not otherwise.
(E) Petition to Superior Court by owner. Any person aggrieved by an order issued by the Inspector
or a decision rendered by the Board shall have the right, within 30 days after issuance of the order or
rendering of the decision, to petition the superior court for a temporary injunction restraining the
Inspector pending a final disposition of the cause, as provided by G.S. § 160A-446(f).
('75 Code, § 8.66) (Ord. passed 3-28-74)
§ 151.49 METHODS OF SERVICE OF COMPLAINTS AND ORDERS.
Complaints or orders issued by the Inspector shall be served upon persons either personally or by
registered or certified mail, but if the whereabouts of such persons are unknown and the same cannot
be ascertained by the Inspector in the exercise of reason- able diligence, the Inspector shall make an
affidavit to that effect, and the serving of such complaint or order upon such person may be made by
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publishing the same once each week for two successive weeks in a newspaper, circulating in the
town. Where service is made by publication, a notice of the pending proceedings shall be posted in a
conspicuous place on the premises affected by the complaint or order.
('75 Code, § 8.67) (Ord. passed 3-28-74)
§ 151.50 IN REM ACTION BY INSPECTOR; PLACARDING.
(A) After failure of an owner of a dwelling or dwelling unit to comply with an order of the Inspector
issued pursuant to the provisions of this subchapter, and upon adoption by the Board of Aldermen of
an ordinance authorizing and directing him to do so as provided by G.S. § 160A-443(5) and § 151.47
of this subchapter, the Inspector shall proceed to cause such dwelling or dwelling unit to be repaired,
altered, or improved to comply with the minimum standards of fitness established by this subchapter,
or to be vacated and closed and removed or demolished, as directed by the ordinance of the Board of
Aldermen and shall cause to be posted on the main entrance of such dwelling or dwelling unit a
placard with the following words: "This building is unfit for human habitation; the use of occupation of
this building for human habitation is prohibited and unlawful." Occupation of a building so posted shall
constitute a misdemeanor.
(B) Each such ordinance shall be recorded in the office of the Register of Deeds in the county
wherein the property is located, and shall be indexed in the name of the property owner in the grantor
index, as provided by G.S. § 160A-443(5).
('75 Code, § 8.68) (Ord. passed 3-28-74)
§ 151.51 COSTS; LIEN ON PREMISES.
As provided by G.S. § 160A-443(6), the amount of the cost of any repairs, alterations, or
improvements, or vacating and closing, or removal or demolition, caused to be made or done by the
Inspector pursuant to § 151.47 of this subchapter shall be a lien against the real property upon which
such cost was incurred. Such lien shall be filed, have the same priority, and be enforced and the
costs collected as provided by G.S. Chapter 160A, Art. 10.
('75 Code, § 8.69) (Ord. passed 3-28-74)
§ 151.52 ALTERNATIVE REMEDIES.
Neither this subchapter nor any of its provisions shall be construed to impair or limit in any way the
power of the town to define and declare nuisances and to cause their abatement by summary action
or otherwise, or to enforce this subchapter by criminal process as authorized by G.S. § 14-4 and §
151.53 of this subchapter, and the enforcement of any other remedy or remedies provided herein or in
other ordinances or laws.
('75 Code, § 8.70) (Ord. passed 3-28-74)
§ 151.53 HOUSING APPEALS BOARD.
There is hereby created a Housing Appeals Board to which appeals may be taken from decisions or
orders of the Inspector, as provided by § 151.48(D) of this subchapter. The Board shall consist of five
members to serve for three-year staggered terms. The Board shall have the power to elect its own
officers, to fix the times and places of its meetings, to adopt necessary rules of procedure and to adopt
other rules and regulations for the proper discharge of its duties. The Board shall perform the duties
prescribed by § 151.48(D) and shall keep an accurate record of all its proceedings.
('75 Code, § 8.71) (Ord. passed 3-28-74)
§ 151.54 CONFLICT WITH OTHER PROVISIONS.
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In the event any provision, standard, or requirement of this subchapter is found to be in conflict with
any provision of any other ordinance or code of the town, the provision which established the higher
standard or more stringent requirement for the promotion and protection of the health and safety of the
residents of the town shall prevail.
('75 Code, § 8.72) (Ord. passed 3-28-74)
§ 151.55 FAILURE TO COMPLY; VIOLATIONS.
(A) It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect, or refuse to
repair, alter, or improve the same, or to vacate and close and remove or demolish the same, upon
order of the Inspector duly made and served as herein provided, within the time specified in such
order, and each day that any such failure, neglect, or refusal to comply with such order continues shall
constitute a separate and distinct offense. It shall be unlawful for the owner of any dwelling or dwelling
unit, with respect to which an order has been issued pursuant to § 151.47 of this subchapter, to
occupy or permit the occupancy of the same after the time prescribed in such order for its repair,
alteration or improvement or its vacation and closing, and each day that such occupancy continues
after such prescribed time shall constitute a separate and distinct offense.
(B) The violation of any provision of this subchapter shall constitute a misdemeanor, as provided by
G.S. § 14-4.
('75 Code, § 8.73)
Section
CHAPTER 152: FLOOD DAMAGE PREVENTION
General Provisions
152.01 Statutory authorization
152.02 Finding of fact
152.03 Statement of purpose
152.04 Objectives
152.05 Definitions
152.06 Application of provisions
152.07 Basis for establishing the areas of special flood hazard
152.08 Compliance with provisions
152.09 Abrogation and greater restrictions
152.10 Interpretation
152.11 Warning and disclaimer of liability
Permit Requirements
152.25 Development permit required
152.26 Application procedure
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Flood Hazard Reduction
152.35 General standards
152.36 Specific standards
152.37 Standards for subdivision proposals
Administration and Enforcement
152.50 Designation of Building Inspector as local administrator
152.51 Duties and responsibilities of Building Inspector
152.52 Variance conditions and procedures
GENERAL PROVISIONS
§ 152.01 STATUTORY AUTHORIZATION.
The legislature of the state has in G.S. Chapter 160A delegated the responsibility to local govern-
mental units to adopt regulations designed to promote the public health, safety, and general welfare of
its citizenry. Therefore, the Board of Aldermen does ordain the following chapter.
(Ord. passed 4-21-80)
§ 152.02 FINDING OF FACT.
(A) The flood hazard areas of the town are subject to periodic inundation which results in loss of
life, property, health, and safety hazards, disruption of commerce and governmental services,
extraordi- nary public expenditures for flood protection and relief, and impairment of the tax base, all of
which adversely affect the public health, safety and general welfare.
(B) These flood losses are caused by the cumulative effect of obstructions in flood plains causing
increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses
vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed, or
otherwise protected from flood damages.
(Ord. passed 4-21-80)
§ 152.03 STATEMENT OF PURPOSE.
It is the purpose of this chapter to promote the public health, safety, and general welfare and to
minimize public and private losses due to flood conditions in specific area by provisions designed to:
(A) Restrict and prohibit uses which are dangerous to the health, safety and property due to water
or erosion or in flood heights or velocities.
(B) Require that uses vulnerable to floods, including facilities which serve such uses, be protected
against flood damage at the time of initial construction.
(C) Control the alteration of natural flood plains, stream channels, and natural protective barriers,
which are involved in the accommodations of flood waters.
(D) Control filling, grading, dredging, and other development which may increase erosion of flood
damage.
(E) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters
or which may increase flood hazards to other lands.
(Ord. passed 4-21-80)
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§ 152.04 OBJECTIVES.
(A) To protect human life and health;
(B) To minimize expenditure of public money for costly flood control projects;
(C) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(D) To minimize the prolonged business interruptions;
(E) To minimize the damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in flood plains;
(F) To help maintain a stable tax base by providing for the sound use and development of flood -
prone areas in such a manner as to minimize future flood blighted areas; and,
(G) To insure that potential home buyers are notified that property is in a flood area.
(Ord. passed 4-21-80)
§ 152.05 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
APPEAL. A request for a review of the Building Inspector's interpretation of any provision of this
chapter or a request for a variance.
AREA OF SPECIAL FLOOD HAZARD. The land in the flood plain within a community subject to a
1 % or greater change of flooding in any given year.
BASE FLOOD. The flood having a 1 % change of being equalled or exceeded in any given year.
DEVELOPMENT. Any man-made change to improved or unimproved real estate, including but not
limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling
operations.
EXISTING MOBILE PARK OR MOBILE HOME SUBDIVISION. A parcel (or contiguous parcels) of
land divided into two or more mobile home lots for rent or sale for which the construction of facilities
for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation
of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is
completed before the effective date of this chapter.
EXPANSION TO AN EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION. The
preparation of additional sites by the construction of facilities for servicing the lots on which the mobile
homes are to be affixed (including the installation of utilities, either final site grading or the pouring of
concrete pads, or the construction of streets).
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of
normally dry land areas from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff or surface waters from any source.
FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of a community issued by the Federal
Insurance Administration, where the boundaries of the area of special flood hazards have been
designed as Zone A.
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FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which the Federal
Insurance Administration has delineated both the areas of special flood hazards and the risk premium
zones applicable to the community.
FLOOD INSURANCE STUDY. The official report provided by the Federal Insurance Administra-
tion. The report contains flood profiles, as well as the Flood Hazard Boundary Floodway Map and the
water surface elevation of the base flood.
FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot.
HABITABLE FLOOR. Any floor usable for living purposes, which includes working, sleeping, eating
cooking, or recreation, or a combination thereof. A floor used only for storage purposes is not a
HABITABLE FLOOR.
MEAN SEA LEVEL. The average height of the sea for all stages of the tide.
MOBILE HOME. A structure, transportable in one or more sections, which is built on a permanent
chassis and designed to be used with or without a permanent foundation when connected to the
required utilities. It does not include recreational vehicles or travel trailers.
NEW CONSTRUCTION. Structure for which the start of construction commended or after the
effective date of this chapter.
NEW MOBILE HOME PARK or MOBILE HOME SUBDIVISION. A parcel (or contiguous parcels) of
land into two or more mobile home lots for rent or sale for which the construction of facilities for
servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of
utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is
completed on or after the effective date of this chapter.
START OF CONSTRUCTION. The first placement of permanent construction of a structure (other
than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage
of excavation. Permanent construction does not include the installation of streets and/or walkways;
nor does it include excavation for basement, footing, piers, or foundations or the erection of temporary
forms; nor does it include the installation on the property of accessory buildings such as garages or
sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a
mobile home) without a basement or poured footing, the START OF CONSTRUCTION includes the
first permanent framing or assembly of the structure of any part thereof on its piling or foundation. For
mobile homes not within a mobile home part or mobile home subdivision, START OF
CONSTRUCTION is the date on which the construction of facilities for servicing the site on which the
mobile home is to be affixed (including, at a minimum, the construction of streets, either final site
grading, or the pouring of concrete pads, and installation of utilities) is completed.
STRUCTURE. A walled and roofed building that is principally above ground, as well as a mobile
home.
SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, or improvement of a structure, the
cost of which equals or exceeds 50% of the market value of the structure either, before the
improvement or repair is started, or if the structure has been damaged and is being restored, before
the damage occurred. For the purposes of this definition SUBSTANTIAL IMPROVEMENT is
considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the
building commences, whether or not that alteration affects the external dimensions of the structure.
The term does not, however, include either any project for improvement of a structure to comply with
existing state or local health, sanitary, or safety code specifications, which is solely necessary to
assure safe living conditions, or any alteration of a structure listed on the National Register of Historic
Places or a State Inventory of Historic Places.
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VARIANCE. A grant of relief to a person from the requirements of this chapter which permits
construction in a manner otherwise prohibited by this chapter where specific endorsement would
result in unnecessary hardship.
(Ord. passed 4-21-80)
§ 152.06 APPLICATION OF PROVISIONS.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the town.
(Ord. passed 4-21-80)
§ 152.07 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
The areas of special flood hazard identified by the Federal Insurance Administration entitled "The
Flood Insurance Study for the Town of Gibsonville," with accompanying Flood Insurance Rate Maps
and the Flood Boundary and Floodway Maps and any revision there to are hereby adopted by
reference and declared to be a part of this chapter.
(Ord. passed 4-21-80)
§ 152.08 COMPLIANCE WITH PROVISIONS.
No structure or land shall hereafter be located, extended, converted, or structurally altered without
full compliance with the terms of this chapter and other applicable regulations.
(Ord. passed 4-21-80) Penalty, see § 150.999
§ 152.09 ABROGATION AND GREATER RESTRICTIONS.
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenant, or
deed restrictions. However, where this chapter and another conflict or overlap, whichever imposes the
more stringent restrictions shall prevail.
(Ord. passed 4-21-80)
§ 152.10 INTERPRETATION.
In the interpretation and application of this chapter, all provisions shall be:
(A) Considered as minimum requirements;
(B) Liberally construed in favor of the governing body; and
(C) Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. passed 4-21-80)
§ 152.11 WARNING AND DISCLAIMER OF LIABILITY.
The degree of flood protection required by this chapter is considered reasonable for regulatory
purposed and is based on scientific and engineering considerations. Larger floods can and will occur
on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter
does not imply that land outside the areas of special flood hazards or uses permitted within such
areas will be free from flooding or flood damages. This chapter shall not create liability on the part of
the town, or by any officer or employee thereof for any flood damages that result from reliance on this
chapter or any administrative decision lawfully made thereunder.
(Ord. passed 4-21-80)
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PERMIT REQUIREMENTS
§ 152.25 DEVELOPMENT PERMIT REQUIRED.
A development permit shall be required in conformance with the provisions of this chapter.
(Ord. passed 4-21-80) Penalty, see § 150.999
§ 152.26 APPLICATION PROCEDURE.
Application for a development permit shall be made to the Building Inspector on forms furnished by
him and may include, but not be limited to, the following plans in duplicate drawn to scale showing the
nature, location, dimensions, and elevations of the area in question, existing or proposed structures,
fill storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following
information is required:
(A) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures.
(B) Elevation in relation to mean sea level to which any non-residential structure has been
floodproofed.
(C) Provide a certificate from a registered professional engineer or architect that the non-
residential floodproofed structure meets the floodproofing criteria in § 152.36(B).
(D) Description of the extent to which any watercourse will be altered or relocated as a result of
proposed development.
(Ord. passed 4-21-80)
FLOOD HAZARD REDUCTION
§ 152.35 GENERAL STANDARDS.
In all areas of special flood hazards the following provisions are required:
(A) All new construction and substantial improvements shall be anchored to prevent flotation,
collapse or lateral movement of the structure;
(B) All new construction and substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage;
(C) All new construction substantial improvements shall be constructed by methods and practices
that minimize flood damage;
(D) All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the systems into flood waters; and,
(E) New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the systems into flood waters; and,
(F) Onsite waste disposal systems shall be located to avoid impairment to them or contamination
from them during flooding.
(Ord. passed 4-21-80) Penalty, see § 150.999
§ 152.36 SPECIFIC STANDARDS.
In all areas of special flood hazards where base flood elevation data has been provided as set forth
in § 152.07, the following provisions are required:
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(A) Residential construction. New construction or substantial improvement of any residential
structure shall have the lowest floods including basement, elevated to or above base flood elevation.
(B) Non-residential construction. New construction or substantial improvement of any commercial,
industrial or other non-residential structure shall either have the lowest floor, including basement,
elevated to the level of the base flood elevation, or together with attendant utility and sanitary facilities,
be floodproofed so that below the base flood level the structure is water tight with walls substantially
impermeable to the passage of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or
architect shall certify that the standards of this division are satisfied. Such certification shall be
provided to the official as set forth in § 152.26(C).
(C) Mobile homes.
(1) No mobile home shall be placed in a floodway except in an existing mobile home park or
existing mobile home subdivision.
(2) All mobile homes shall be anchored to resist flotation, collapse, or lateral movement by
providing over -the -top frame ties to ground anchors. Specific requirements shall be that:
(a) Over -the -top ties be provided at each of the four corners of the mobile home, with two
additional ties per side at intermediate locations and mobile homes less than 50 feet long requiring
one additional tie per side;
(b) Frame ties be provided at each corner of the home with five additional ties per side at
intermediate points and mobile homes less than 50 feet long requiring four additional ties per side;
(c) All components of the anchoring system be capable of carrying a force of 4,800 pounds;
and,
(3) For new mobile home parks and subdivisions. For expansions to existing mobile home parks
and subdivisions; for existing mobile home parks and subdivisions where the repair, reconstruction or
improvement of the streets, utilities and pads equals or exceeds 50% of the value of the streets,
utilities, and pads before the repair, reconstruction, or improvement has commenced; and for mobile
homes not placed in a mobile home park or subdivision require:
(a) Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the
mobile home will be at or above the base flood level;
(b) Adequate surface drainage and access for a hauler are provided; and,
(c) In the instance of elevation on pilings:
Lots are large enough to permit steps;
2. Piling foundations are placed in stable soil no more than ten feet apart, and
3. Reinforcement is provided for pilings more than six feet above the ground level.
(D) F000dways. Located within areas of special flood hazard established in § 152.07 are areas
designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of
flood waters which carry debris, potential projectiles and erosion potential, the following provisions
shall apply:
(1) Prohibits encroachments, including fill, new construction, substantial improvements and other
developments unless certification by a professional registered engineer or architect is provided
demonstrating that encroachments shall not result in any increase in flood levels during occurrence of
the base flood discharge.
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(2) If division (A)(1) is satisfied, all new construction and substantial improvements shall comply
with all applicable flood hazard reduction provisions of this subchapter.
(3) Prohibit the placement of any mobile homes, except in an existing mobile home park or
existing mobile home subdivision.
(Ord. passed 4-21-80) Penalty, see § 150.999
§ 152.37 STANDARDS FOR SUBDIVISION PROPOSALS.
(A) All subdivision proposals shall be consistent with the need to minimize flood damage.
(B) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical
and water systems located and constructed to minimize flood damage.
(C) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood
hazards.
(D) Base flood elevation data shall be provided for subdivision proposals and other proposed
development which is greater than the lesser of 50 lots or 5 acres.
(Ord. passed 4-21-80) Penalty, see § 150.999
ADMINISTRATION AND ENFORCEMENT
§ 152.50 DESIGNATION OF BUILDING INSPECTOR AS LOCAL ADMINISTRATOR.
The Building Inspector is hereby appointed to administer and implement the provisions of this
chapter.
(Ord. passed 4-21-80)
§ 152.51 DUTIES AND RESPONSIBILITIES OF BUILDING INSPECTOR.
Duties of the Building Inspector shall include, but not be limited to:
(A) Review all development permits to assure that the permit requirements of this chapter have
been satisfied.
(B) Review permits for proposed development to assure that all necessary permits have been
obtained from those federal, state or local governmental agencies from which prior approval is
required.
(C) Notify adjacent communities and the Department of Natural Resources and Community
Development prior to any alteration or relocation of a water course, and shall submit evidence of such
notification to the Federal Insurance Administration.
(D) Assure that maintenance is provided within the altered or relocated portion of the watercourse
so that the flood carrying capacity is not diminished.
(E) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor
(including basement) of all new or substantially improved structures.
(F) Verify and record the actual elevation (in relation to mean sea level) to which the new or
substantially improved structures have been floodproofed.
(G) When floodproofing is utilized for a particular structure the Building Inspector shall obtain
certification from a registered professional engineer or architect.
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(H) Where interpretation is needed as to the exact location of the boundaries of the areas of
special flood hazards (for example, where there appears to be a conflict between a mapped boundary
and actual field conditions) the Building Inspector shall make the necessary interpretation, as provided
in this subchapter.
(1) When base flood elevation data has not been provided in accordance with § 152.07, then the
Building Inspector shall obtain, review, and reasonable utilize any base flood elevation data available
from a federal, state, or other source, in order to administer the provisions of §§ 152.35 through
152.37.
(J) All records pertaining to the provisions of this chapter shall be maintained in the office of the
Building Inspector and shall be open for public inspection.
(Ord. passed 4-21-80)
§ 152.52 VARIANCE CONDITIONS AND PROCEDURES.
(A) Conditions for variances.
(1) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(2) Variances shall only be issued upon a showing of good and sufficient cause, a determination
that failure to grant the variance would result in exceptional hardship to the applicant, and a deter-
mination that the granting of a variance will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the
public, or conflict with existing local laws or ordinances.
(3) Any applicant to whom a variance is granted shall be given written notice that the structure
will be permitted to be built with a floor elevation below the base flood elevation, and that the cost of
flood insurance will be commensurate with the increase risk resulting from the reduced lowest floor
elevation.
(4) The Building Inspector shall maintain the records of all appeal actions and report any
variances to the Federal Insurance Administration upon request.
(B) Variances procedures.
(1) The Board of Adjustment as established by the town shall hear and decide appeals and
requests for variances from the requirements of this chapter.
(2) The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in
any requirement, decision, or determination made by the Building Inspector in the enforcement or
administration of this chapter.
(3) Any person aggrieved by the decision of the Board of Adjustment, or any taxpayer may
appeal such decision to the Superior Court, as provided in G.S Chapter 160A.
(4) Variances may be issued for the reconstruction, rehabilitation or restoration of structures
listed on the National Register of Historic Places or the State Inventory of Historic Places, without
regard to the procedures set forth in the remainder of this section.
(5) In passing upon such applications, the Board of Adjustment shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this chapter and:
(a) The danger that materials may be swept onto other lands to the injury of others;
(b) The danger to life and property due to flooding or erosion damage;
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(c) The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owner;
(d) The importance of the services provided by the proposed facility to the community;
(e) The necessity to the facility of a water front location where applicable;
(f) The availability of alternative locations, not subject to flooding or erosion damage, for the
proposed use;
(g) The compatibility of the proposed use with existing and anticipated development;
(h) The relationship of the proposed use to the comprehensive plan and flood plain
management program for that area;
(i) The safety of access to the property in times of flood for ordinary and emergency vehicles;
Q) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood
waters and the effects of wave action, if applicable expected at the site; and,
(k) The costs of providing govern- mental services during and after flood conditions including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water
systems, and streets and bridges;
(1) Generally, variances may be issued for new construction and substantial improve- ments to
be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing subsections (a) through (k) of this division
have been fully considered. As the lot size increases beyond the one-half acre, the technical
justification required for issuing the variance increases.
(6) Upon consideration of the factors listed above and the purposes of this chapter, the Board of
Adjustment may attach such conditions to the granting of variances as it deems necessary to further
the purposes of this chapter.
(7) Variances shall not be issued within any designated floodway if any increase in flood levels
during the base flood discharge would result.
(Ord. passed 4-21-80)
Section
CHAPTER 153: HAZARDOUS WASTE
General Provisions
153.01
Title
153.02
Definitions
153.03
Inspection and monitoring
153.04
Transportation liability
153.05
Bond
153.06
Violation
Permit Procedure
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153.15 Permit required
153.16 Application
153.17 Minimum location standards
153.18 Application review procedure
153.19 Application filing fee; submission of required information
GENERAL PROVISIONS
§ 153.01 TITLE.
This chapter shall be known and may be cited as the Town Hazardous Waste Chapter.
(Ord. passed 11-16-81; Am. Ord. 0-88-05, passed 9-14-87)
§ 153.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
HAZARDOUS WASTE. The same meaning as defined in G.S. § 130-290(8).
LOW LEVEL RADIOACTIVE WASTE. Radioactive waste not classified as high-level radioactive
waste, spent nuclear fuel as defined by the U.S. Nuclear Regulatory Commission, transuranic waste,
or by product material as defined in Section 113 (2) of the Atomic Energy Act of 1954, as amended.
PERSON. Any individual, corporation, partnership, firm, association, trust, estate, public or private
institution, group, agency or other entity or any successor thereof.
STORAGE. Containment for a period of over 90 days, in such a manner as not to constitute
disposal.
(Ord. passed 11-16-81; Am. Ord. 0-88-05, passed 9-14-87)
§ 153.03 INSPECTION AND MONITORING.
(A) The Town Manager shall designate the department or departments to monitor the compliance
of any owner or operator of any hazardous waste facility with the provisions of this chapter, the
hazardous waste permit granted and any state or federal permits or approvals. In carrying out this
responsibility, the Town Manager shall enlist the involvement of any city or county agency or
department which the Town Manager believes may be appropriate.
(B) The owner or operator of a hazardous waste facility acknowledges by acceptance of a
hazardous waste permit the authority and right of the Town Manager's designees to inspect the facility
at any time, without prior notice, for the purposes of determining compliance with the provisions of this
chapter, the hazardous waste permit granted and any state or federal permits or approvals held by the
facility; any failure to permit such inspection shall constitute a violation of this chapter.
(Ord. passed 11-16-81; Am. Ord. 0-88-05, passed 9-14-87)
§ 153.04 TRANSPORTATION LIABILITY.
Persons, firms or corporations transporting hazardous waste or low-level radioactive waste to
destinations in Guilford and Alamance Counties shall be held to the same standard of strict liability for
all emergency clean-up costs, clean-up cost in general, damages and other costs resulting from
discharges or contamination caused by spills or accidents of intentional or unintentional releases
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during transpor- tation within the counties, or such discharges or contamination occurring while the
transportation vehicle is anywhere within the counties except within the boundaries of the actual
facility sire for which it is destined, at which time it shall be considered stored by and under the control
of the facility operator.
(Ord. 0-88-05, passed 9-14-87) Penalty, see § 150.999
§ 153.05 BOND.
(A) All persons subject to this chapter shall cause the town to be named as an additional insured
on all bonds, and/or insurance policies required by the state and the United States of America. A
certified copy of the above stated bonds and/or insurance policies shall be filed in the Office of the
Town Manager prior to issuance of the town hazardous waste permit. It is the intent of this section to
provide the town with the same protection as provided the United States of America and the state
pursuant to state and federal laws and regulations.
(B) Each hazardous and low-level radioactive facility subject to this chapter shall post a bond in
favor of the town to guarantee the speedy and prompt compliance with the provisions of this chapter,
in an amount as shall be determined from time to time by the Board of Aldermen, as set forth in the
town fee schedule, copies of which are available for public inspection in the office of the Town
Manager. All bonds required hereby shall be signed and executed by the principal and guaranteed by
a surety company duly authorized to post and give bond in the state certified in writing to do so by the
licensing authorities of the state.
(Ord. passed 11-16-81; Am. Ord. 0-88-05, passed 9-14-87) Penalty, see § 150.999
§ 153.06 VIOLATION.
Violation of this chapter shall constitute a misdemeanor punishable under the laws of the state. Each
day of violation of this chapter shall constitute a separate offense.
(Ord. passed 11-16-81; Am. Ord. 0-88-05, passed 9-14-87)
PERMIT PROCEDURE
§ 153.15 PERMIT REQUIRED.
(A) No proposed storage, treatment, or disposal facilities for hazardous waste or low level
radioactive waste shall be permitted inside the town's zoning jurisdiction without first complying with
the procedures hereafter set forth for a Hazardous Waste Permit for such facilities.
(B) No town building permit shall be issued for the purposes described in division (A) of this section
until such a time as the applicant has complied with all provisions of this chapter.
(Ord. passed 11-16-81; Am. Ord. 0-88-05, passed 9-14-87) Penalty, see § 150.999
§ 153.16 APPLICATION.
The applicant shall file a hazardous waste permit application for establishment of storage, treatment
or disposal facilities for hazardous or low level radioactive waste with the Town Planning Department
showing detailed site and operation plans.
(Ord. passed 11-16-81; Am. Ord. 0-88-05, passed 9-14-87)
§ 153.17 MINIMUM LOCATION STANDARDS.
An applicant for a hazardous waste permit must satisfy the following minimum location standards, as
applicable:
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(A) Hazardous waste facilities shall be permitted in industrial districts or areas only, and only upon
tracts of land containing a minimum of 400 acres.
(B) No hazardous waste facility shall be located inside the city limits within Guilford County and
Alamance County designated drinking water supply watersheds, as defined by the State Department
of Human Resources and the Guilford and Alamance County Health Departments.
(C) The access routes over which hazardous wastes are conveyed to or from a hazardous waste
facility shall make use only of the "truck traffic routes" designated as such.
(D) All equipment, containers and tanks in which hazardous waste is treated, stored or disposed at
hazardous waste facilities shall be located:
(1) Above ground;
(2) Upon a base which is free of cracks or gaps and is sufficiently impervious to contain leaks,
spills, and accumulated precipitation until the collected material is detected and removed; and
(3) Surrounded by a dike formed of a material at least as impermeable as concrete (hereinafter
referred to as a "containment system").
The containment system shall have no drain and be capable of holding an amount of liquid at least
one and one-half times larger than the amount of hazardous waste held by the largest piece of
equipment, container or tank within the containment system and shall be capable of containing a liquid
in an amount equal to 75% of the total volume of hazardous waste held by all equipment, containers
or tanks within the containment system. The containment system shall be located within a covered
building or under a roofed area to prevent rainwater accumulation.
(E) All containment systems shall be a minimum of 100 feet from the property line of the facility;
except that all containment systems containing hazardous wastes which have ignitable, incompatible
or reactive characteristics shall be located a minimum of 250 feet from the property line of the facility,
if the area adjacent to the facility is zoned for any use other than industrial districts or is not zoned. In
addition, all containment systems shall be a minimum of 500 feet from the property line of the facility
which is adjacent to any area zoned for residential use.
(F) All containment systems for hazardous waste facilities must be surrounded by walls, fences or
other artificial and natural barriers at least seven feet in height. The entrance to these containment
systems must be controlled at all times and shall bear a placard readily apparent to all parties entering
the containment system stating in bold letters: "Danger — Hazardous Waste — Unauthorized
Personnel Keep Out." In addition, each controlled entry point shall be monitored by a 24-hour
surveillance system (such as television cameras or guards).
(Ord. 0-88-05, passed 9-14-87) Penalty, see § 150.999
§ 153.18 APPLICATION REVIEW PROCEDURE.
(A) The applicant shall obtain approval by appropriate federal and state agencies for the process
for which he requests the town to approve and present his federal and state permit with his
application.
(B) The Planning Board shall review each application and make recommendations to the Board of
Aldermen based upon an evaluation of the following factors relating to the applicant's project:
(1) Environment and economic impact;
(2) State and federal hazardous waste application and permit; and
(3) Whether or not the hazardous waste or low level radioactive waste which the applicant
requests a permit to store, treat, or dispose of is a by-product or is accumulated in the normal scope of
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the applicant's regular business.
(C) The Planning Board shall make the following findings before making a recommendation to the
Board of Aldermen:
(1) That there is no serious adverse environmental or economic impact on the town as proposed.
(2) That the proposed facilities meet all federal and state regulations and have received all
appropriate federal and state permits.
(3) That the applicant has the capability, experience, and financial resources to construct,
operate and maintain the facility in a safe and continuous manner.
(4) That the applicant will insure the safety of persons and property by installing and maintaining
throughout the entire period of operation, state of the art safety equipment, including alarm systems
and appropriate breathing equipment for every person in a circumference of no less than on mile from
the outer perimeter of the site of the facility.
(D) The Board of Aldermen shall review the recommendations of the Planning Board and submit its
final determination in writing to the applicant within 60 days from the date of the Planning Board final
action.
(E) The Board of Aldermen shall hold at least one public hearing after due advertisement of the
hearing to obtain public comment on each application.
(F) The Planning Board shall make its recommendation to the Board of Aldermen either to deny, to
approve or to approve with conditions the hazardous waste permit. Prior to making this
recommendation, the Planning Board may analyze and document consideration of the following
factors which are in addition to the minimum location standards requirements set forth above and
which can be the basis for a recommendation for denial even if the applicant meets all the minimum
requirements.
(1) The risks posed by the proximity of the facility to:
(a) Water table levels;
(b) Flood plains water supplies;
(c) Public water supply watersheds mines;
(d) Natural resources such as wetlands;
(e) Endangered species habitats;
(f) Parks;
(g) Forests;
(h) Wilderness areas;
(i) Historical sites;
0) People and population centers.
(2) The relationship of the facility's activities to:
(a) Ground water travel time;
(b) Soil pH;
(c) Soil cation exchange capacity;
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(d) Soil composition and permeability;
(e) Slope;
(f) Climate;
(g) Other local land uses neighboring the facility;
(h) Transportation factors;
(i) Aesthetic factors such as the visibility;
Q) Appearance, and noise level of the facility, potential impact on air quality, existence of
seismic activity, and cavernous bedrock.
(3) The owner's and/or operator's past experience with hazardous chemicals or hazardous
waste.
(G) The Planning Board shall make its recommendations to the Board of Aldermen in open
meeting and any part may be allowed to present argument for or against the recommendations.
Thereafter, the Board of Aldermen in open meeting shall vote to issue, to issue with conditions, or to
deny the hazardous waste permit.
(H) In the event the Board of Aldermen votes to issue a hazardous waste permit, that hazardous
waste permit shall be made conditional and effective only upon receipt by the applicant of all
necessary state and federal permits and approvals.
(Ord. passed 11-16-81; Am. Ord. 0-88-05, passed 9-14-87)
§ 153.19 APPLICATION FILING FEE; SUBMISSION OF REQUIRED INFORMATION.
(A) All applicants, storing, treating or disposing of hazardous waste or low level radioactive waste
which is not accumulated in the normal scope of the applicant's business or which is not a byproduct
of resources or materials used in the normal scope of the applicant's business shall pay an application
fee to the town in an amount as shall be determined from time to time by the Board of Aldermen, as
set forth in the town fee schedule, copies of which are available for public inspection in the office of
the Town Manager.
(B) Application fees shall be used to pay the cost of environmental and economic impact analysis
of the proposed facility, and any other expenses in connection with investigating and processing the
application.
(C) In addition to the application filing fees stated above, all applicants shall pay all costs incurred
by the town in administering, processing and studying the application.
(D) Applicants requesting a hazardous waste permit for a hazardous waste facility shall submit to
the Town Planning Department the following information:
(1) A copy of all documents and data supplied to the state and the federal government pursuant
to the permitting, approval and notice requirements of the Hazardous Waste Permit Program found in
10 NCAC 10F .0034 Part 270, or of 40 CFR 761.60, 761.70, or 761.75.
(2) The names, addresses and telephone numbers (home and office) of designated responsible
parties to be contacted for further information or in the event of an emergency during the operation of
the facility. This information shall be kept current and revised as changed after a hazardous waste
permit is granted.
(3) A copy of the contingency plan prepared in connection with any request for authority to
operate a hazardous waste facility.
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(Ord. passed 11-16-81; Am. Ord. 0-88-05, passed 9-14-87) Penalty, see § 150.999
CHAPTER 154: LAND DEVELOPMENT CODE
Section
154.01 Adoption by reference
§ 154.01 ADOPTION BY REFERENCE.
There is hereby adopted by reference the Town of Gibsonville Land Development Code, as fully as if
set forth herein. Copies of the code are available for public inspection in the office of the Town
Manager.
Section
CHAPTER 155: RIPARIAN BUFFER PROTECTION
General Provisions
155.01 Authority
155.02 Purpose and intent
155.03 Title
155.04 Jurisdiction
155.05 Applicability
155.06 Relation to other code sections
155.07 Amendments
155.08 Definitions
Riparian Area Protection within the Jordan Reservoir Watershed
155.15 Buffers protected
155.16 Exemption based on on -site determination
155.17 Exemption when existing uses are present and ongoing
155.18 Zones of the riparian buffer
155.19 Diffuse flow requirements
Potential Uses and Associated Requirements
155.30 Approval for new development
155.31 Table of uses
155.32 Requirements for categories of uses
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Permit Procedures, Requirements, and Approvals
155.45 Determination of no practical alternatives; request for authorization
certificate
155.46 Variances
155.47 Mitigation
Compliance and Enforcement
155.60 Site inspections
155.99 Penalty
GENERAL PROVISIONS
§ 155.01 AUTHORITY.
This chapter is adopted pursuant to the authority vested in the Town of Gibsonville by the Session
Laws and the General Statutes of North Carolina, particularly Session Law 2009-216 (House Bill 239),
Session Law 2009-484 (Senate Bill 838), G.S. §§ 153A-121, 153A-140, Chapter 153A, Article 18,
G.S. §§ 160A-174, 160A-193, Chapter 160A, Article 19, and any special legislation enacted by the
General Assembly for the Town of Gibsonville.
(Ord. passed 11-1-10)
§ 155.02 PURPOSE AND INTENT.
(A) The purpose of the Town of Gibsonville in adopting this chapter is to protect and preserve
existing riparian buffers throughout the Jordan Watershed as generally described in Rule 15A NCAC
02B.0262 (Jordan Water Supply Nutrient Strategy: Purpose and Scope), in order to maintain their
nutrient removal and stream protection functions. Additionally this chapter will help protect the water
supply uses of Jordan Reservoir and of designated water supplies throughout the Jordan watershed.
(B) Buffers adjacent to streams provide multiple environmental protection and resource
management benefits. Forested buffers enhance and protect the natural ecology of stream systems,
as well as water quality through bank stabilization, shading, and nutrient removal. They also help to
minimize flood damage in floodprone areas. Well -vegetated streamside riparian areas help to remove
nitrogen and prevent sediment and sediment -bound pollutants such as phosphorous from reaching
the streams.
(Ord. passed 11-1-10)
§ 155.03 TITLE.
This chapter shall be known as the Town of Gibsonville Riparian Buffer Protection Ordinance.
Ord. passed 11-1-10)
§ 155.04 JURISDICTION.
This chapter shall be applied to all land within the planning jurisdiction of the Town of Gibsonville.
(Ord. passed 11-1-10)
§ 155.05 APPLICABILITY.
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This chapter applies to all landowners and other persons conducting activities in the area described
in § 155.04, with the exception of activities conducted under the authority of the state, the United
States, multiple jurisdictions, or local units of government, and forest harvesting and agricultural
activities. The North Carolina Division of Water Quality shall administer the requirements of Rule 15A
NCAC 02B.0267 and .0268 (Jordan Water Supply Nutrient Strategy: Protection of Existing Riparian
Buffers and Mitigation of Existing Riparian Buffers, respectively) for these activities.
(Ord. passed 11-1-10)
§ 155.06 RELATION TO OTHER CODE SECTIONS.
The requirements of this chapter shall supersede all locally implemented buffer requirements stated
in Rules 15A NCAC 0213.0214 through .0216 as applied to WS-II, WS-III, and WS-IV waters in the
Jordan watershed. If the provisions of this chapter otherwise conflict with the provisions of any other
validly enforceable ordinance(s) or laws, the most stringent provisions shall control. This chapter is not
intended to interfere with, abrogate, or annul any other ordinance, rule, regulation, or other provision
of law.
(Ord. passed 11-1-10)
§ 155.07 AMENDMENTS.
The Town of Gibsonville shall review any revisions to the Model Local Riparian Buffer Protection
Ordinance made by the Environmental Management Commission and, within 60 days of receipt of the
recommended revisions, submit draft amendments to the Commission for its consideration and
comments. Within 90 days after receipt of the Commission's comments, the Town of Gibsonville will
Incorporate amendments into this chapter.
(Ord. passed 11-1-10)
§ 155.08 DEFINITIONS.
For the purposes of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
ACCESS TRAILS. Pedestrian trails constructed of pervious or impervious surfaces and related
structures to access a surface water, including boardwalks, steps, rails, and signage.
AIRPORT FACILITIES. All properties, facilities, buildings, structures, and activities that satisfy or
otherwise fall within the scope of one or more of the definitions or uses of the words or phrases "air
navigation facility," "airport," or "airport protection privileges" under G.S. § 63-1; the definition of
"aeronautical facilities" in G.S. § 63-79(1); the phrase "airport facilities" as used in G.S. § 159-48(b)(1);
the phrase "aeronautical facilities" as defined in G.S. §§ 159-81 and 159-97; and the phrase "airport
facilities and improvements" as used in Article V, Section 13, of the North Carolina Constitution, which
shall include, without limitation, any and all of the following: airports, airport maintenance facilities,
clear zones, drainage ditches, fields, hangars, landing lighting, airport and airport -related offices,
parking facilities, related navigational and signal systems, runways, stormwater outfalls, terminals,
terminal shops, and all appurtenant areas used or suitable for airport buildings or other airport
facilities, and all appurtenant rights -of -way; restricted landing areas; any structures, mechanisms,
lights, beacons, marks, communicating systems, or other instrumentalities or devices used or useful
as an aid, or constituting an advantage or convenience to the safe taking off, navigation, and landing
of aircraft, or the safe and efficient operation or maintenance of an airport or restricted landing area;
easements through, or interests in, air space over land or water, interests in airport hazards outside
the boundaries of airports or restricted landing areas, and other protection privileges, the acquisition or
control of which is necessary to ensure safe approaches to the landing areas of airports and restricted
landing areas, and the safe and efficient operation thereof and any combination of any or all of such
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facilities. Notwithstanding the foregoing, the following shall not be included in the definition of
AIRPORT FACILITIES:
(1) Satellite parking facilities;
(2) Retail and commercial development outside of the terminal area, such as rental car facilities;
and
(3) Other secondary development, such as hotels, industrial facilities, freestanding offices and
other similar buildings, so long as these facilities are not directly associated with the operation of the
airport, and are not operated by a unit of government or special governmental entity such as an airport
authority, in which case they are included in the definition of AIRPORT FACILITIES.
CHANNEL. A natural water -carrying trough cut vertically into low areas of the land surface by
erosive action of concentrated flowing water or a ditch or canal excavated for the flow of water.
DBH. Diameter at breast height of a tree measured at four and one-half feet above ground surface
level.
DEVELOPMENT. The same as defined in Rule 15A NCAC 2B.0202(23).
DITCH OR CANAL. A man-made channel other than a modified natural stream constructed for
drainage purposes that is typically dug through inter -stream divide areas. A DITCH OR CANAL may
have flows that are perennial, intermittent, or ephemeral and may exhibit hydrological and biological
characteristics similar to perennial or intermittent streams.
EPHEMERAL STREAM. A feature that carries only stormwater in direct response to precipitation
with water flowing only during and shortly after large precipitation events. An EPHEMERAL STREAM
may or may not have a well-defined channel, the aquatic bed is always above the water table, and
stormwater runoff is the primary source of water. An EPHEMERAL STREAM typically lacks the
biological, hydrological, and physical characteristics commonly associated with the continuous or
intermittent conveyance of water.
EXISTING DEVELOPMENT. Development, other than that associated with agricultural or forest
management activities, that meets one of the following criteria:
(1) It either is built or has established a vested right based on statutory or common law as
interpreted by the courts, for projects that do not require a state permit, as of the effective date of
either local new development stormwater programs implemented under Rule 15A NCAC 213.0265
(Jordan Water Supply Nutrient Strategy: Stormwater Management for New Development) or, for
projects requiring a state permit, as of the applicable compliance date established in Rule 15A NCAC
213.0271 (Jordan Water Supply Nutrient Strategy: Stormwater Management for New Development),
Items (5) and (6); or
(2) It occurs after the compliance date set out in Sub -Item (4)(d) of Rule .0265 (Jordan Water
Supply Nutrient Strategy: Stormwater Management for New Development) but does not result in a net
increase in built -upon area.
GREENWAY/HIKING TRAILS. Pedestrian trails constructed of pervious or impervious surfaces and
related structures including but not limited to boardwalks, steps, rails, and signage, and that generally
run parallel to the shoreline.
HIGH VALUE TREE. A tree that meets or exceeds the following standards: for pine species, 14-inch
DBH or greater or 18-inch or greater stump diameter; or for hardwoods and wetland species, 16-inch
DBH or greater or 24-inch or greater stump diameter.
INTERMITTENT STREAM. A well-defined channel that contains water for only part of the year,
typically during winter and spring when the aquatic bed is below the water table. The flow may be
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heavily supplemented by stormwater runoff. An INTERMITTENT STREAM often lacks the biological
and hydrological characteristics commonly associated with the continuous conveyance of water.
JORDAN NUTRIENT STRATEGY or JORDAN WATER SUPPLY NUTRIENT STRATEGY. The set
of Rules 15A NCAC 213.0262 through .0273 and .0311(p).
JORDAN RESERVOIR. The surface water impoundment operated by the U.S. Army Corps of
Engineers and named B. Everett Jordan Reservoir, as further delineated for purposes of the Jordan
nutrient strategy in Rule 15A NCAC 2B.0262(4).
JORDAN WATERSHED. All lands and waters draining to B. Everett Jordan Reservoir.
NEW DEVELOPMENT. Any development project that does not meet the definition of existing
development set out in this chapter.
PERENNIAL STREAM. A well-defined channel that contains water year round during a year of
normal rainfall with the aquatic bed located below the water table for most of the year. Groundwater is
the primary source of water for a perennial stream, but it also carries stormwater runoff. A
PERENNIAL STREAM exhibits the typical biological, hydrological, and physical characteristics
commonly associated with the continuous conveyance of water.
PERENNIAL WATERBODY. A natural or man-made basin, including lakes, ponds, and reservoirs,
that stores surface water permanently at depths sufficient to preclude growth of rooted plants. For the
purpose of the state's riparian buffer protection program, the waterbody must be part of a natural
drainage way (i.e., connected by surface flow to a stream).
SHORELINE STABILIZATION. The in -place stabilization of an eroding shoreline. Stabilization
techniques which include "soft" methods or natural materials (such as root wads, or rock vanes) may
be considered as part of a restoration design. However, stabilization techniques that consist primarily
of "hard" engineering, such as concrete lined channels, riprap, or gabions, while providing bank
stabilization, shall not be considered stream restoration.
STREAM. A body of concentrated flowing water in a natural low area or natural channel on the land
surface.
STREAM RESTORATION. The process of converting an unstable, altered or degraded stream
corridor, including adjacent riparian zone and floodprone areas to its natural or referenced, stable
conditions considering recent and future watershed conditions. This process also includes restoring
the geomorphic dimension, pattern, and profile as well as biological and chemical integrity, including
transport of water and sediment produced by the stream's watershed in order to achieve dynamic
equilibrium. "Referenced" or "referenced reach" means a stable stream that is in dynamic equilibrium
with its valley and contributing watershed. A reference reach can be used to develop natural channel
design criteria for stream restoration projects.
STUMP DIAMETER. The diameter of a tree measured at six inches above the ground surface level.
SURFACE WATERS. All waters of the state as defined in G.S. § 143-212 except underground
waters.
TEMPORARY ROAD. A road constructed temporarily for equipment access to build or replace
hydraulic conveyance structures such as bridges, culverts, pipes or water dependent structures, or to
maintain public traffic during construction.
TREE. A woody plant with a DBH equal to or exceeding five inches or a stump diameter exceeding
six inches.
(Ord. passed 11-1-10)
RIPARIAN AREA PROTECTION WITHIN THE JORDAN RESERVOIR WATERSHED
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§ 155.15 BUFFERS PROTECTED.
The following minimum criteria shall be used for identifying regulated buffers:
(A) This chapter shall apply to activities conducted within, or outside of with hydrologic impacts in
violation of the diffuse flow requirements set out in § 155.19 upon, 50-foot wide riparian buffers directly
adjacent to surface waters in the Jordan watershed (intermittent streams, perennial streams, lakes,
reservoirs and ponds), excluding wetlands.
(B) Wetlands adjacent to surface waters or within 50 feet of surface waters shall be considered as
part of the riparian buffer but are regulated pursuant to Rules 15A NCAC 213.0230 and .0231, Rules
15A NCAC 2H.0500, 15A NCAC 2H.1300, and Sections 401 and 404 of the Federal Water Pollution
Control Act.
(C) For the purpose of this chapter, a SURFACE WATER is defined as being present if the feature
is approximately shown on any of the following:
(1) The most recent version of the soil survey map prepared by the Natural Resources
Conservation Service of the United States Department of Agriculture.
(2) The most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps
prepared by the United States Geologic Survey (USGS).
(3) A map approved by the Geographic Information Coordinating Council and by the North
Carolina Environmental Management Commission. Prior to approving a map under this division (C)(3),
the Commission shall provide a 30-day public notice and opportunity for comment. Alternative maps
approved by the Commission shall not be used for buffer delineation on projects that are existing and
ongoing within the meaning of § 155.17.
(D) Where the specific origination point of a stream regulated under this subchapter is in question,
upon request of the North Carolina Division of Water Quality or another party, the Town of Gibsonville
shall make an on -site determination. A Town of Gibsonville representative who has successfully
completed the Division's Surface Water Identification Training Certification course, its successor, or
other equivalent training curriculum approved by the Division, shall establish that point using the latest
version of the Division publication, Identification Methods for the Origins of Intermittent and Perennial
Streams, available at http://h2o.enr.state.nc.us/ncwellands/documents/ NC_Stream_ID_Manual.pdf or
from the North Carolina Division of Water Quality — 401 Oversight Express Permitting Unit, or its
successor. The Town of Gibsonville may accept the results of a site assessment made by another
party who meets these criteria. Any disputes over on -site determinations made according to this
division (C)(4)shall be referred to the Director of the Division of Water Quality c/o the 401 Oversight
Express Permitting Unit, or its successor, in writing. The Director's determination is subject to review
as provided in Articles 3 and 4 of G.S. Chapter 150B.
(E) Riparian buffers protected by this chapter shall be measured pursuant to § 155.18.
(F) Parties subject to this chapter shall abide by all state rules and laws regarding waters of the
state including but not limited to Rules 15A NCAC 2B.0230 and .0231, Rules 15A NCAC 2H.0500,
15A NCAC 2H.1300, and Sections 401 and 404 of the Federal Water Pollution Control Act.
(G) No new clearing, grading, or development shall take place nor shall any new building permits
be issued in violation of this chapter.
(Ord. passed 11-1-10)
§ 155.16 EXEMPTION BASED ON ON -SITE DETERMINATION.
When a landowner or other affected party including the Division believes that the maps have
inaccurately depicted surface waters, he or she shall consult the Town of Gibsonville. Upon request, a
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Town of Gibsonville representative who has successfully completed the Division of Water Quality's
Surface Water Identification Training Certification course, its successor, or other equivalent training
curriculum approved by the Division, shall make an on -site determination. The Town of Gibsonville
may also accept the results of site assessments made by other parties who have successfully
completed such training. Any disputes over on -site determinations shall be referred to the Director of
the Division of Water Quality c/o the 401 Oversight Express Permitting Unit, or its successor, in
writing. A determination of the Director as to the accuracy or application of the maps is subject to
review as provided in Articles 3 and 4 of G.S. Chapter 150B. Surface waters that appear on the maps
shall not be subject to these buffer requirements if a site evaluation reveals any of the following cases:
(A) Man-made ponds and lakes that are not part of a natural drainage way that is classified in
accordance with 15A NCAC 2B.0100, including ponds and lakes created for animal watering,
irrigation, or other agricultural uses. (A pond or lake is part of a natural drainage way when it is fed by
an intermittent or perennial stream or when it has a direct discharge point to an intermittent or
perennial stream.)
(B) Ephemeral streams.
(C) The absence on the ground of a corresponding intermittent or perennial stream, lake, reservoir,
or pond.
(D) Ditches or other man-made water conveyances, other than modified natural streams.
(Ord. passed 11-1-10)
§ 155.17 EXEMPTION WHEN EXISTING USES ARE PRESENT AND ONGOING.
This chapter shall not apply to uses that are existing and ongoing; however, this chapter shall apply
at the time an existing, ongoing use is changed to another use. Change of use shall involve the
initiation of any activity that does not meet either of the following criteria for existing, ongoing activity:
(A) It was present within the riparian buffer as of the effective date of this chapter and has
continued to exist since that time. Existing uses shall include agriculture, buildings, industrial facilities,
commercial areas, transportation facilities, maintained lawns, utility lines and on -site sanitary sewage
systems, any of which involve either specific, periodic management of vegetation or displacement of
vegetation by structures or regular activity. Only the portion of the riparian buffer occupied by the
footprint of the existing use is exempt from this chapter. Change of ownership through purchase or
inheritance is not a change of use. Activities necessary to maintain uses are allowed provided that the
site remains similarly vegetated, no impervious surface is added within 50 feet of the surface water
where it did not previously exist as of the effective date of this chapter, and existing diffuse flow is
maintained. Grading and revegetating Zone Two is allowed provided that the health of the vegetation
in Zone One is not compromised, the ground is stabilized and existing diffuse flow is maintained.
(B) Projects or proposed development that are determined by the Town of Gibsonville to meet at
least one of the following criteria:
(1) Project requires a 401 Certification/404 Permit and these were issued prior to the effective
date this chapter, and prior to the effective date of this chapter.
(2) Projects that require a state permit, such as landfills, NPDES wastewater discharges, land
application of residuals and road construction activities, have begun construction or are under contract
to begin construction and had received all required state permits and certifications prior to the effective
date of this chapter;
(3) Projects that are being reviewed through the Clean Water Act Section 404/National
Environmental Policy Act Merger 01 Process (published by the US Army Corps of Engineers and
Federal Highway Administration, 2003) or its immediate successor and that have reached agreement
with DENR on avoidance and minimization by the effective date of this chapter; or
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(4) Projects that are not required to be reviewed by the Clean Water Act Section 404/National
Environmental Policy Act Merger 01 Process (published by the US Army Corps of Engineers and
Federal Highway Administration, 2003) or its immediate successor if a finding of no significant impact
has been issued for the project and the project has the written approval of the Town of Gibsonville
prior to the effective date of this chapter.
(5) Projects that have a vested right per G.S. § 160A-385.1.
(Ord. passed 11-1-10)
§ 155.18 ZONES OF THE RIPARIAN BUFFER.
The protected riparian buffer shall have two zones as follows:
(A) Zone One shall consist of a vegetated area that is undisturbed except for uses provided for in
the Table of Uses, § 155.31. The location of Zone One shall be as follows:
(1) For intermittent and perennial streams, Zone One shall begin at the top of the bank and
extend landward a distance of 30 feet on all sides of the surface water, measured horizontally on a
line perpendicular to a vertical line marking the top of the bank.
(2) For ponds, lakes and reservoirs located within a natural drainage way, Zone One shall begin
at the normal water level and extend landward a distance of 30 feet, measured horizontally on a line
perpendicular to a vertical line marking the normal water level.
(B) Zone Two shall consist of a stable, vegetated area that is undisturbed except for uses provided
for in the Table of Uses, § 155.31. Grading and revegetating in Zone Two is allowed provided that the
health of the vegetation in Zone One is not compromised. Zone Two shall begin at the outer edge of
Zone One and extend landward 20 feet as measured horizontally on a line perpendicular to the
surface water. The combined width of Zones One and Two shall be 50 feet on all sides of the surface
water.
(Ord. passed 11-1-10)
§ 155.19 DIFFUSE FLOW REQUIREMENTS.
Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow prior
to its entry into the buffer and reestablishing vegetation as follows:
(A) Concentrated runoff from new ditches or man-made conveyances shall be converted to diffuse
flow at non -erosive velocities before the runoff enters Zone Two of the riparian buffer;
(B) Periodic corrective action to restore diffuse flow shall be taken as necessary and shall be
designed to impede the formation of erosion gullies; and
(C) As set out in §§ 155.19 and 155.31, no new stormwater conveyances are allowed through the
buffers except for those specified in the Table of Uses, § 155.31, addressing stormwater management
ponds, drainage ditches, roadside ditches, and stormwater conveyances.
(Ord. passed 11-1-10)
POTENTIAL USES AND ASSOCIATED REQUIREMENTS
§ 155.30 APPROVAL FOR NEW DEVELOPMENT.
Town of Gibsonville shall issue an approval for new development only if the development application
proposes to avoid impacts to riparian buffers defined in § 155.15, or where the application proposes to
impact such buffers, it demonstrates that the applicant has done the following, as applicable-
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(A) Determined the activity is exempt from requirements of this chapter;
(B) Received an authorization certificate from the Town of Gibsonville pursuant to § 155.45;
(C) For uses designated as "Allowable with Mitigation" in the Table of Uses in § 155.31, received
approval of mitigation plan pursuant to § 155.47; and
(D) Received a variance pursuant to § 155.46.
(Ord. passed 11-1-10)
§ 155.31 TABLE OF USES.
The following chart sets out potential new uses within the buffer, or outside the buffer with impacts
on the buffer, and categorizes them as exempt, allowable, or allowable with mitigation. All uses not
categorized as exempt, allowable, or allowable with mitigation are considered prohibited and may not
proceed within the riparian buffer or outside the buffer if the use would impact the buffer, unless a
variance is granted pursuant to § 155.46. The requirements for each category are given in § 155.32.
Use
Exempt *
Allowable *
Allowable with
Mitigation*
* To qualify for the designation indicated in the column header, any activity must adhere to the limitations defined for it in
a given listing as well as the requirements established in § 155.32.
Access trails: Pedestrian access trails leading to
the surface water, docks, fishing piers, boat ramps
and other water dependent activities:
• Pedestrian access trails that are restricted to
the minimum width practicable and do not exceed
4 feet in width of buffer disturbance, and provided
X
that installation and use does not result in removal
of trees as defined in this chapter and no
impervious surface is added to the riparian buffer.
• Pedestrian access trails that exceed 4 feet in
width of buffer disturbance, the installation or use
results in removal of trees as defined in this
X
chapter or impervious surface is added to the
riparian buffer.
Airport facilities:
• Airport facilities that impact equal to or less than
150 linear feet or one-third of an acre of riparian
X
buffer.
• Airport facilities that impact greater than 150
X
linear feet or one-third of an acre of riparian buffer.
• Activities necessary to comply with FAA
X
requirements (e.g. radar uses or landing strips).1
Archaeological activities
X
Bridges
X
Canoe access provided that installation and use
does not result in removal of trees as defined in
X
this chapter and no impervious surface is added to
the buffer.
Dam maintenance activities:
• Dam maintenance activities that do not cause
X
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additional buffer disturbance beyond the footprint
of the existing dam or those covered under the
U.S. Army Corps of Engineers Nationwide Permit
No. 3.
• Dam maintenance activities that do cause
additional buffer disturbance beyond the footprint
of the existing dam or those not covered under the
X
U.S. Army Corps of Engineers Nationwide Permit
No. 3.
Drainage ditches, roadside ditches and
stormwater conveyances through riparian buffers
• New stormwater flows to existing drainage
ditches, roadside ditches, and stormwater
conveyances provided flows do not alter or result
X
in the need to alter the conveyance and are
managed to minimize the sediment, nutrients and
other pollution that convey to waterbodies.
• Realignment of existing roadside drainage
ditches retaining the design dimensions, provided
that no additional travel lanes are added and the
X
minimum required roadway typical section is used
based on traffic and safety considerations.
• New or altered drainage ditches, roadside
ditches and stormwater outfalls provided that a
stormwater management facility is installed to
X
control nutrients and attenuate flow before the
conveyance discharges through the riparian buffer.
• New drainage ditches, roadside ditches and
stormwater conveyances applicable to linear
projects that do not provide a stormwater
X
management facility due to topography constraints
provided that other practicable BMPs are
employed.
Driveway crossings of streams and other surface
waters subject to this chapter:
• Driveway crossings on single family residential
lots that disturb equal to or less than 25 linear feet
X
or 2,500 square feet of riparian buffer.
• Driveway crossings on single family residential
lots that disturb greater than 25 linear feet or 2,500
X
square feet of riparian buffer.
• In a subdivision that cumulatively disturb equal
to or less than 150 linear feet or one-third of an
X
acre of riparian buffer.
• In a subdivision that cumulatively disturb
greater than 150 linear feet or one-third of an acre
X
of riparian buffer.
Driveway impacts other than crossing of a stream
X
or other surface waters subject to this chapter
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Fences:
• Fences provided that disturbance is minimized
and installation does not result in removal of trees
X
as defined in this chapter
• Fences provided that disturbance is minimized
and installation results in removal of trees as
X
defined in this chapter.
Fertilizer application: one-time application to
X
establish vegetation
Grading and revegetation in Zone Two provided
that diffuse flow and the health of existing
vegetation in Zone One is not compromised and
X
disturbed areas are stabilized until they are
revegetated
Greenway/hiking trails designed, constructed and
maintained to maximize nutrient removal and
erosion protection, minimize adverse effects on
X
aquatic life and habitat, and protect water quality
to the maximum extent practical
Historic preservation
X
Maintenance access on modified natural streams:
a grassed travel way on one side of the water
body when less impacting alternatives are not
practical. The width and specifications of the travel
X
way shall be only that needed for equipment
access and operation. The travel way shall be
located to maximize stream shading.
Mining activities:
• Mining activities that are covered by the Mining
Act provided that new riparian buffers that meet
X
the requirements of §§ 155.18 and 155.19 are
established adjacent to the relocated channels.
• Mining activities that are not covered by the
Mining Act OR where new riparian buffers that
meet the requirements of §§ 155.18 and 155.19
X
are not established adjacent to the relocated
channels.
• Wastewater or mining dewatering wells with
X
approved NPDES permit.
Piping of a stream under a permit issued by the
X
US Army Corps of Engineers
Playground equipment:
• Playground equipment on single family lots
provided that installation and use does not result
X
in removal of vegetation.
• Playground equipment installed on lands other
than single-family lots or that requires removal of
X
vegetation.
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Ponds created by impounding streams and not
used as stormwater BMPs:
• New ponds provided that a riparian buffer that
meets the requirements of §§ 155.18 and 155.19
X
is established adjacent to the pond.
• New ponds where a riparian buffer that meets
the requirements of §§ 155.18 and 155.19 is NOT
X
established adjacent to the pond.
Protection of existing structures, facilities and
stream banks when this requires additional
X
disturbance of the riparian buffer or the stream
channel
Railroad impacts other than crossings of streams
X
and other surface waters subject to this chapter
Railroad crossings of streams and other surface
waters subject to this chapter:
• Railroad crossings that impact equal to or less
X
than 40 linear feet of riparian buffer.
• Railroad crossings that impact greater than 40
linear feet but equal to or less than 150 linear feet
X
or one-third of an acre of riparian buffer.
• Railroad crossings that impact greater than 150
X
linear feet or one-third of an acre of riparian buffer.
Recreational and accessory structures in Zone
Two:
• Sheds and gazebos in Zone Two, provided they
are not prohibited under local water supply
ordinance:
Total footprint less than or equal to 150
X
square feet per lot.
Total footprint greater than 150 square feet per
X
lot.
• Wooden slatted decks and associated steps,
provided the use meets the requirements of §§
155.18 and 155.19:
Deck at least eight feet in height and no
X
vegetation removed from Zone One.
Deck less than eight feet in height or vegetation
X
removed from Zone One.
Removal of previous fill or debris provided that
diffuse flow is maintained and vegetation is
X
restored
Road impacts other than crossings of streams and
X
other surface waters subject to this chapter
Road crossings of streams and other surface
waters subject to this chapter
• Road crossings that impact equal to or less
X
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than 40 linear feet of riparian buffer.
• Road crossings that impact greater than 40
linear feet but equal to or less than 150 linear feet
X
or one-third of an acre of riparian buffer.
• Road crossings that impact greater than 150
X
linear feet or one-third of an acre of riparian buffer.
Road relocation: Relocation of existing private
access roads associated with public road projects
where necessary for public safety:
• Less than or equal to 2,500 square feet of
X
buffer impact.
• Greater than 2,500 square feet of buffer impact.
X
Stormwater BMPs:
• Wet detention, bioretention, and constructed
wetlands in Zone Two if diffuse flow of discharge is
X
provided into Zone One
• Wet detention, bioretention, and constructed
X
wetlands in Zone One
Scientific studies and stream gauging
X
Streambank or shoreline stabilization
X
Temporary roads, provided that the disturbed area
is restored to pre -construction topographic and
hydrologic conditions immediately after
construction is complete and replanted
immediately with comparable vegetation, except
that tree planting may occur during the dormant
season. A one-time application of fertilizer may be
used to establish vegetation: At the end of five
years the restored buffer shall comply with the
restoration criteria in § 155.46(G):
• Less than or equal to 2,500 square feet of
X
buffer disturbance.
• Greater than 2,500 square feet of buffer
X
disturbance.
• Associated with culvert installation or bridge
X
construction or replacement.
Temporary sediment and erosion control devices,
provided that the disturbed area is restored to pre -
construction topographic and hydrologic
conditions immediately after construction is
complete and replanted immediately with
comparable vegetation, except that tree planting
may occur during the dormant season. A one-time
application of fertilizer may be used to establish
vegetation. At the end of five years the restored
buffer shall comply with the restoration criteria in §
155.47(G):
• In Zone Two provided ground cover is
X
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established within timeframes required by the
Sedimentation and Erosion Control Act, vegetation
in Zone One is not compromised, and runoff is
released as diffuse flow in accordance with §
155.19.
• In Zones One and Two to control impacts
associated with uses approved by the Town of
Gibsonville or that have received a variance,
X
provided that sediment and erosion control for
upland areas is addressed, to the maximum extent
practical, outside the buffer.
• In -stream temporary erosion and sediment
control measures for work within a stream channel
X
that is authorized under Sections 401 and 404 of
the Federal Water Pollution Control Act.
• In -stream temporary erosion and sediment
control measures for work within a stream
X
channel.
Utility, electric, aerial, perpendicular crossings of
streams and other surface waters subject to this
chapter 2,3,5:
• Disturb equal to or less than 150 linear feet of
X
riparian buffer.
• Disturb greater than 150 linear feet of riparian
X
buffer.
Utility, electric, aerial, other than perpendicular
crossings 5:
• Impacts in Zone Two.
X
• Impacts in Zone One.2,3
X
Utility, electric, underground, perpendicular
crossings 3,4,5:
• Disturb less than or equal to 40 linear feet of
X
riparian buffer.
• Disturb greater than 40 linear feet of riparian
X
buffer.
Utility, electric, underground, other than
perpendicular crossings4
• Impacts in Zone Two.
X
• Impacts in Zone One.1
X
Utility, non -electric, perpendicular crossings of
streams and other surface waters subject to this
chapter 3,5:
• Disturb equal to or less than 40 linear feet of
riparian buffer with a maintenance corridor equal
X
to or less than10 feet in width.
• Disturb equal to or less than 40 linear feet of
X
riparian buffer with a maintenance corridor greater
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than 10 feet in width.
• Disturb greater than 40 linear feet but equal to
or less than 150 linear feet of riparian buffer with a
X
maintenance corridor equal to or less than 10 feet
in width.
• Disturb greater than 40 linear feet but equal to
or less than 150 linear feet of riparian buffer with a
X
maintenance corridor greater than 10 feet in width.
• Disturb greater than 150 linear feet of riparian
X
buffer.
Utility, non -electric, other than perpendicular
crossings 4,5:
• Impacts in Zone Two.
X
• Impacts in Zone One.1
X
Vegetation management:
• Emergency fire control measures provided that
X
topography is restored.
• Mowing or harvesting of plant products in Zone
X
Two.
• Planting vegetation to enhance the riparian
X
buffer.
• Pruning forest vegetation provided that the
health and function of the forest vegetation is not
X
compromised.
• Removal of individual trees that are in danger of
causing damage to dwellings, other structures or
X
human life, or are imminently endangering stability
of the streambank.
• Removal of individual trees which are dead,
X
diseased or damaged.
• Removal of poison ivy.
X
• Removal of invasive exotic vegetation as
defined in: Smith, Cherri L. 1998. Exotic Plant
Guidelines. Dept. of Environment and Natural
X
Resources. Division of Parks and Recreation.
Raleigh, NC. Guideline #30.
Vehicular access roads leading to water -
dependent structures as defined in 15A NCAC
02B.0202, provided they do not cross the surface
X
water and have minimum practicable width not
exceeding ten feet
Water dependent structures as defined in 15A
NCAC 0213.0202 where installation and use result
X
in disturbance to riparian buffers
Water supply reservoirs:
• New reservoirs where a riparian buffer that
X
meets the requirements of §§ 155.18 and 155.19
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is established adjacent to the reservoir.
• New reservoirs where a riparian buffer that
meets the requirements of §§ 155.18 and 155.19
X
is not established adjacent to the reservoir.
Water wells
• Single family residential water wells.
X
• All other water wells.
X
Wetland, stream and buffer restoration that results
in impacts to the riparian buffers:
• Wetland, stream and buffer restoration that
requires NC Division of Water Quality approval for
X
the use of a 401 Water Quality Certification
• Wetland, stream and buffer restoration that
does not require Division of Water Quality
X
approval for the use of a 401 Water Quality
Certification
Wildlife passage structures
X
1 Provided that:
• No heavy equipment is used in Zone One.
• Vegetation in undisturbed portions of the buffer is not compromised.
• Felled trees are removed by chain.
• No permanent felling of trees occurs in protected buffers or streams.
• Stumps are removed only by grinding.
• At the completion of the project the disturbed area is stabilized with native vegetation.
• Zones One and Two meet the requirements of §§ 155.18 and 155.19.
2 Provided that, in Zone One, all of the following BMPs for overhead utility lines are used. If all of these BMPs are not
used, then the overhead utility lines shall require a no practical alternative evaluation by the Town of Gibsonville, as
defined in § 155.45.
• A minimum zone of 10 feet wide immediately adjacent to the water body shall be managed such that only vegetation
that poses a hazard or has the potential to grow tall enough to interfere with the line is removed.
• Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
• Vegetative root systems shall be left intact to maintain the integrity of the soil, Stumps shall remain where trees are
cut.
• Riprap shall not be used unless it is necessary to stabilize a tower.
• No fertilizer shall be used other than a one-time application to re-establish vegetation.
• Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the time
in which areas remain in a disturbed state.
• Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of
stormwater through the buffer.
• In wetlands, mats shall be utilized to minimize soil disturbance.
3 Provided that poles or aerial infrastructure shall not be installed within 10 feet of a water body unless the Town of
Gibsonville completes a no practical alternative evaluation as defined in § 155.45.
4 Provided that, in Zone One, all of the following BMPs for underground utility fines are used. If all of these BMPs are
not used, then the underground utility line shall require a no practical alternative evaluation by the Town of Gibsonville,
as defined in § 155.45.
• Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
• Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain, except in the
trench where trees are cut.
• Underground cables shall be installed by vibratory plow or trenching.
• The trench shall be backfilled with the excavated soil material immediately following cable installation,
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• No fertilizer shall be used other than a one-time application to re-establish vegetation.
• Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the time
in which areas remain in a disturbed state.
• Measures shall be taken upon completion of construction and during routine maintenance to ensure diffuse flow of
stormwater through the buffer.
• In wetlands, mats shall be utilized to minimize soil disturbance.
5 Perpendicular crossings are those that intersect the surface water at an angle between 75 degrees and 105 degrees.
(Ord. passed 11-1-10; Am. Ord. passed 12-5-16)
§ 155.32 REQUIREMENTS FOR CATEGORIES OF USES.
Uses designated in § 155.31 as exempt, allowable, and allowable with mitigation within a riparian
buffer shall have the following requirements:
(A) Exempt. Uses designated as exempt are permissible without authorization by the Town of
Gibsonville provided that they adhere to the limitations of the activity as defined in § 155.31, the Table
of Uses. In addition, exempt uses shall be designed, constructed and maintained to minimize soil
disturbance and to provide the maximum water quality protection practicable, including construction,
monitoring, and maintenance activities.
(B) Allowable. Uses designated as allowable may proceed provided that there are no practical
alternatives to the requested use pursuant to § 155.45.
This includes construction, monitoring, and maintenance activities. These uses require written
authorization from the Town of Gibsonville.
(C) Allowable with mitigation. Uses designated as allowable with mitigation may proceed provided
that there are no practical alternatives to the requested use pursuant to § 155.45 and an appropriate
mitigation strategy has been approved pursuant to § 155.47. These uses require written authorization
from the Town of Gibsonville.
(Ord. passed 11-1-10)
PERMITS PROCEDURES, REQUIREMENTS, AND APPROVALS
§ 155.45 DETERMINATION OF NO PRACTICAL ALTERNATIVES; REQUEST FOR
AUTHORIZATION CERTIFICATE.
(A) Persons who wish to undertake uses designated as allowable or allowable with mitigation shall
submit a request for a "no practical alternatives" determination to the Town of Gibsonville. The
applicant shall certify that the project meets all the following criteria for finding "no practical
alternatives":
(1) The basic project purpose cannot be practically accomplished in a manner that would better
minimize disturbance, preserve aquatic life and habitat, and protect water quality;
(2) The use cannot practically be reduced in size or density, reconfigured or redesigned to better
minimize disturbance, preserve aquatic life and habitat, and protect water quality; and
(3) Best management practices shall be used if necessary to minimize disturbance, preserve
aquatic life and habitat, and protect water quality.
(B) The applicant shall also submit at least the following information in support of their assertion of
no practical alternatives":
(1) The name, address and phone number of the applicant;
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(2) The nature of the activity to be conducted by the applicant;
(3) The location of the activity, including the jurisdiction;
(4) A map of sufficient detail to accurately delineate the boundaries of the land to be utilized in
carrying out the activity, the location and dimensions of any disturbance in riparian buffers associated
with the activity, and the extent of riparian buffers on the land;
(5) An explanation of why this plan for the activity cannot be practically accomplished, reduced or
reconfigured to better minimize disturbance to the riparian buffer, preserve aquatic life and habitat and
protect water quality; and
(6) Plans for any best management practices proposed to be used to control the impacts
associated with the activity.
(C) Within 60 days of a submission that addresses division (B) above, the Town of Gibsonville shall
review the entire project and make a finding of fact as to whether the criteria in division (A) above
have been met. A finding of "no practical alternatives" shall result in issuance of an authorization
certificate. Failure to act within 60 days shall be construed as a finding of "no practical alternatives"
and an authorization certificate shall be issued to the applicant unless one of the following occurs:
(1) The applicant agrees, in writing, to a longer period;
(2) The Town of Gibsonville determines that the applicant has failed to furnish requested
information necessary to the Town of Gibsonville decision;
(3) The final decision is to be made pursuant to a public hearing; or
(4) The applicant refuses access to its records or premises for the purpose of gathering
information necessary to the Town of Gibsonville's decision.
(D) The Town of Gibsonville may attach conditions to the authorization certificate that support the
purpose, spirit and intent of this chapter.
(E) Any appeals of determinations regarding authorization certificates shall be referred to the
Director of the Division of Water Quality, c/o the 401 Oversight Express Permitting Unit, or its
successor. The Director's decision is subject to review as provided in G.S. Chapter 15013, Articles 3
and 4.
(Ord. passed 11-1-10)
§ 155.46 VARIANCES.
(A) Requirements for variances. Persons who wish to undertake prohibited uses may pursue a
variance. The Town of Gibsonville may grant minor variances. For major variances, the Town of
Gibsonville shall prepare preliminary findings and submit them to the Division of Water Quality, 4 01
Oversight Express Permitting Unit, or its successor for approval by the Environmental Management
Commission. The variance request procedure shall be as follows:
(1) For any variance request, the Town of Gibsonville shall make a finding of fact as to whether
there are practical difficulties or unnecessary hardships that prevent compliance with the riparian
buffer protection requirements. A finding of practical difficulties or unnecessary hardships shall require
that the following conditions are met:
(a) If the applicant complies with the provisions of this chapter, he or she can secure no
reasonable return from, nor make reasonable use of, his or her property. Merely proving that the
variance would permit a greater profit from the property shall not be considered adequate justification
for a variance. Moreover, the Town of Gibsonville shall consider whether the variance is the minimum
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possible deviation from the terms of this chapter that shall make reasonable use of the property
possible;
(b) The hardship results from application of this chapter to the property rather than from other
factors such as deed restrictions or other hardship;
(c) The hardship is due to the physical nature of the applicant's property, such as its size,
shape, or topography, such that compliance with provisions of this chapter would not allow reasonable
use of the property;
(d) The applicant did not cause the hardship by knowingly or unknowingly violating this chapter;
(e) The applicant did not purchase the property after the effective date of this chapter, and then
request a variance; and
(f) The hardship is rare or unique to the applicant's property.
(2) The variance is in harmony with the general purpose and intent of the state's riparian buffer
protection requirements and this chapter and preserves its spirit; and
(3) In granting the variance, the public safety and welfare have been assured, water quality has
been protected, and substantial justice has been done.
(B) Minor variances. A minor variance request pertains to activities that will impact only Zone Two
of the riparian buffer. Minor variance requests shall be reviewed and approved based on the criteria in
§ 155.45(A) through (C) pursuant to G.S. Chapter 153A, Article 18, or G.S. Chapter 160A, Article 19.
The Town of Gibsonville may attach conditions to the variance approval that support the purpose,
spirit and intent of the riparian buffer protection program. Request for appeals to decisions made by
the Town of Gibsonville shall be made in writing to the Director of the Division of Water Quality c/o the
401 Oversight Express Permitting Unit, or its successor. The Director's decision is subject to review as
provided in G.S. Chapter 150B, Articles 3 and 4.
(C) Major variances. A major variance request pertains to activities that will impact any portion of
Zone One or any portion of both Zones One and Two of the riparian buffer. If the Town of Gibsonville
has determined that a major variance request meets the requirements in § 155.46(A), then it shall
prepare a preliminary finding and submit it to the North Carolina Environmental Management
Commission c/o the Division of Water Quality, 401 Oversight Express Permitting Unit, or its successor,
for approval. Within 90 days after receipt by the Town of Gibsonville, the Commission shall review
preliminary findings on major variance requests and take one of the following actions: approve,
approve with conditions and stipulations, or deny the request. Appeals from a Commission decision on
a major variance request are made on judicial review to Superior Court.
(Ord. passed 11-1-10)
§ 155.47 MITIGATION.
(A) This section shall apply to persons who wish to impact a riparian buffer in the Jordan watershed
when one of the following applies:
(1) A person has received an authorization certificate pursuant to § 155.45 for a proposed use
that is designated as "allowable with mitigation;" or
(2) A person has received a variance pursuant to § 155.46 and is required to perform mitigation
as a condition of a variance approval.
(B) Issuance of the mitigation approval. The Town of Gibsonville shall issue a mitigation approval
upon determining that a proposal meets the requirements set out in this chapter. The approval shall
identify at a minimum the option chosen, the required and proposed areas, and either the mitigation
location or the offset payment amount as applicable.
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(C) Options for meeting the mitigation requirement. The mitigation requirement maybe met through
one of the following options-
(1) Payment of a compensatory mitigation fee to the Riparian Buffer Restoration Fund pursuant
to 15A NCAC 0213.0269 (Jordan Water Supply Nutrient Strategy: Riparian Buffer Mitigation Fees to
the NC Division of Mitigation Services) contingent upon acceptance of payments by the NC Division of
Mitigation Services, or to a private mitigation bank that complies with banking requirements of the U.S.
Army Corps of Engineers, currently set out at http://www.saw.usace.army.miI/WETLANDS/Miti
gation/mitbanks.html or from the US Army Corps of Engineers, P.O. Box 1890, Wilmington, NC,
28402-1890, and the applicable trading criteria in Rule 15A NCAC 02B.0273;
(2) Donation of real property or of an interest in real property pursuant to division (F) below; or
(3) Restoration or enhancement of a non -forested riparian buffer pursuant to the requirements of
division (G) below.
(D) The area of mitigation. The Town of Gibsonville shall determine the required area of mitigation,
which shall apply to all mitigation options identified in division (C) above and as further specified in the
requirements for each option set out in this subchapter, according to the following:
(1) The impacts in square feet to each zone of the riparian buffer shall be determined by the
Town of Gibsonville by adding the following:
(a) The area of the footprint of the use causing the impact to the riparian buffer;
(b) The area of the boundary of any clearing and grading activities within the riparian buffer
necessary to accommodate the use; and
(c) The area of any ongoing maintenance corridors within the riparian buffer associated with the
use
(2) The required area of mitigation shall be determined by applying the following multipliers to the
impacts determined in division (D)(1) above to each zone of the riparian buffer:
(a) Impacts to Zone One of the riparian buffer shall be multiplied by three;
(b) Impacts to Zone Two of the riparian buffer shall be multiplied by one and one-half; and
(c) Impacts to wetlands within Zones One and Two of the riparian buffer that are subject to
mitigation under 15A NCAC 2H.0506 shall comply with the mitigation ratios in 15A NCAC 2H.0506.
(E) The location of mitigation. For any option chosen, the mitigation effort shall be located within
the same subwatershed of the Jordan watershed, as defined in 15A NCAC 02B.0262, and the same
distance from the Jordan Reservoir as the proposed impact, or closer to the Reservoir than the
impact, and as close to the location of the impact as feasible. Alternatively, the applicant may propose
mitigation anywhere within the same subwatershed of the Jordan watershed, as defined in 15A NCAC
02B.0262, provided that the mitigation proposal accounts for differences in delivery of nutrients to the
affected arm of Jordan Reservoir resulting from differences between the locations of the buffer impact
and mitigation. Additional location requirements for the property donation option are enumerated in
division (F)(3)(a) below.
(F) Donation of property. Persons who choose to satisfy their mitigation determination by donating
real property or an interest in real property shall meet the following requirements:
(1) The donation of real property interests may be used to either partially or fully satisfy the
payment of a compensatory mitigation fee to the Riparian Buffer Restoration Fund pursuant to 15A
NCAC 02B.0269. The value of the property interest shall be determined by an appraisal performed in
accordance with division (F)(4)(d) below. The donation shall satisfy the mitigation determination if the
appraised value of the donated property interest is equal to or greater than the required fee. If the
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appraised value of the donated property interest is less than the required fee calculated pursuant to
15A NCAC 02B.0269, the applicant shall pay the remaining balance due.
(2) The donation of conservation easements to satisfy compensatory mitigation requirements
shall be accepted only if the conservation easement is granted in perpetuity.
(3) Donation of real property interests to satisfy the mitigation determination shall be accepted
only if such property meets all of the following requirements:
(a) In addition to the location requirements of division (E) above, the property shall be located
within an area that is identified as a priority for restoration in, or is otherwise consistent with the goals
of, the Basinwide Wetlands and Riparian Restoration Plan for the Cape Fear River Basin developed
by North Carolina Division of Water Resources pursuant to G.S. § 143-214.10;
(b) The property shall contain riparian buffers not currently protected by the state's riparian
buffer protection program that are in need of restoration as defined in division (G)(4) below;
(c) The restorable riparian buffer on the property shall have a minimum length of 1,000 linear
feet along a surface water and a minimum width of 50 feet as measured horizontally on a line
perpendicular to the surface water;
(d) The size of the restorable riparian buffer on the property to be donated shall equal or
exceed the area of mitigation responsibility determined pursuant to division (D) above;
(e) Restoration shall not require removal of man-made structures or infrastructure;
(f) The property shall be suitable to be successfully restored, based on existing hydrology, soils,
and vegetation;
(g) The estimated cost of restoring and maintaining the property shall not exceed the value of
the property minus site identification and transaction costs;
(h) The property shall not contain any building, structure, object, site, or district that is listed in
the National Register of Historic Places established pursuant to Public Law 89-665,16 U.S.C. 470 as
amended;
(i) The property shall not contain any hazardous substance or solid waste;
0) The property shall not contain structures or materials that present health or safety problems
to the general public. If wells, septic, water or sewer connections exist, they shall be filled, remediated
or closed at owner's expense in accordance with state and local health and safety regulations;
(k) The property and adjacent properties shall not have prior, current, and known future land
use that would inhibit the function of the restoration effort; and
(1) The property shall not have any encumbrances or conditions on the transfer of the property
interests.
(4) At the expense of the applicant or donor, the following information shall be submitted to the
Town of Gibsonville with any proposal for donations or dedications of interest in real property:
(a) Documentation that the property meets the requirements laid out in division (F)(3) above;
(b) U.S. Geological Survey 1:24,000 (7.5 minute) scale topographic map, county tax map,
USDA Natural Resource Conservation Service County Soil Survey Map, and county road map
showing the location of the property to be donated along with information on existing site conditions,
vegetation types, presence of existing structures and easements;
(c) A current property survey performed in accordance with the procedures of the North
Carolina Department of Administration, State Property Office as identified by the State Board of
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Registration for Professional Engineers and Land Surveyors in "Standards of Practice for Land
Surveying in North Carolina." Copies may be obtained from the North Carolina State Board of
Registration for Professional Engineers and Land Surveyors, 3620 Six Forks Road, Suite 300,
Raleigh, North Carolina 27609;
(d) A current appraisal of the value of the property performed in accordance with the
procedures of the North Carolina Department of Administration, State Property Office as identified by
the Appraisal Board in the "Uniform Standards of Professional North Carolina Appraisal Practice."
Copies may be obtained from the Appraisal Foundation, Publications Department, P.O. Box 96734,
Washington, D.C. 20090-6734; and
(e) A title certificate.
(G) Riparian buffer restoration or enhancement. Persons who choose to meet their mitigation
requirement through riparian buffer restoration or enhancement shall meet the following requirements:
(1) The applicant may restore or enhance a non -forested riparian buffer if either of the following
applies:
(a) The area of riparian buffer restoration is equal to the required area of mitigation determined
pursuant to division (D) above; or
(b) The area of riparian buffer enhancement is three times larger than the required area of
mitigation determined pursuant to division (D) above;
(2) The location of the riparian buffer restoration or enhancement shall comply with the
requirements in division (E) above;
(3) The riparian buffer restoration or enhancement site shall have a minimum width of 50 feet as
measured horizontally on a line perpendicular to the surface water;
(4) Enhancement and restoration shall both have the objective of establishing a forested riparian
buffer according to the requirements of this subchapter. Enhancement shall be distinguished from
restoration based on existing buffer conditions. Where existing trees are sparse, that is greater than or
equal to 100 trees per acre but less than 200 trees per acre, a buffer may be enhanced. Where
existing woody vegetation is absent, that is less than 100 trees per acre, a buffer may be restored;
(5) The applicant shall first receive an authorization certificate for the proposed use according to
the requirements of § 155.45. After receiving this determination, the applicant shall submit a
restoration or enhancement plan for approval by the Town of Gibsonville. The restoration or
enhancement plan shall contain the following:
(a) A map of the proposed restoration or enhancement site;
(b) A vegetation plan. The vegetation plan shall include a minimum of at least two native
hardwood tree species planted at a density sufficient to provide 320 trees per acre at maturity;
(c) A grading plan. The site shall be graded in a manner to ensure diffuse flow through the
riparian buffer;
(d) A fertilization plan; and
(e) A schedule for implementation;
(6) Within one year after the Town of Gibsonville has approved the restoration or enhancement
plan, the applicant shall present proof to the Town of Gibsonville that the riparian buffer has been
restored or enhanced. If proof is not presented within this timeframe, then the person shall be in
violation of both the state's and the Town of Gibsonville riparian buffer protection program;
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(7) The mitigation area shall be placed under a perpetual conservation easement that will provide
for protection of the property's nutrient removal functions; and
(8) The applicant shall submit annual reports for a period of five years after the restoration or
enhancement showing that the trees planted have survived and that diffuse flow through the riparian
buffer has been maintained. The applicant shall replace trees that do not survive and restore diffuse
flow if needed during that five-year period.
(Ord. passed 11-1-10)
COMPLIANCE AND ENFORCEMENT
§ 155.60 SITE INSPECTIONS.
(A) Agents, officials, or other qualified persons authorized by the Town of Gibsonville may
periodically inspect riparian buffers to ensure compliance with this chapter.
(B) Notice of the right to inspect shall be included in the letter of approval of each variance and
buffer authorization.
(C) Authority to enter property and conduct investigations and inspections. Authorized agents,
officials or other qualified persons shall have the authority, upon presentation of proper credentials, tc
enter and inspect at reasonable times any property, public or private, for the purpose of investigating
and inspecting the site of any riparian buffer. No person shall willfully resist, delay, or obstruct an
authorized representative, employee, or agent of the Town of Gibsonville, while that person is
inspecting or attempting to inspect a riparian buffer nor shall any person obstruct, hamper or interfere
with any such representative while in the process of carrying out their official duties, The Town of
Gibsonville shall have the power to conduct such investigations as deemed reasonably necessary to
carry out the duties as prescribed in this chapter.
(D) Notice of violation.
(1) If it is determined that a person has failed to comply with the requirements of this chapter, or
rules, or orders adopted or issued pursuant to this chapter, a notice of violation shall be served upon
that person. The notice may be served by any means authorized under G.S. § 1A-1, Rule 4. In the
event service cannot be accomplished by registered or certified mail, it may be accomplished in any
manner provided in Rule 4(J) of the North Carolina Rules of Civil Procedure.
(2) The notice shall specify the violation and inform the person of the actions that need to be
taken to comply with this chapter, or rules or orders adopted pursuant to this chapter. The notice shall
direct the person to correct the violation within a specified reasonable time. The notice shall inform the
person that any person who violates or fails to act in accordance with any of the provisions of this
chapter or rules or orders adopted or issued pursuant to this chapter is subject to the civil and criminal
penalties and other enforcement actions as provided in this chapter.
(E) Power to require statements. The Town of Gibsonville shall also have the power to require
written statements, or the filing of reports under oath, with respect to pertinent questions relating to
land -disturbing activities.
(Ord. passed 11-1-10)
§ 155.99 PENALTY.
(A) Civil penalties.
(1) Assessment of penalties. Any person who violates or fails to act in accordance with any of the
provisions of this chapter or rules or orders adopted or issued pursuant to this chapter shall be subject
to a civil penalty. A civil penalty for a violation may be assessed in an amount not to exceed $10,000
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per day. If any violation for which a penalty may be assessed is continuous, a civil penalty may be
assessed for each day of the violation in an amount not to exceed $25,000 per day for as long as the
violation occurs. Each day of a continuing violation shall constitute a separate violation under this
division (A)(1).
(2) Notice of civil penalty assessment. The governing body of the Town of Gibsonville shall
provide written notice of the civil penalty amount and the basis for the assessment to the person
assessed. The notice of civil penalty assessment shall be served by any means authorized under G.S.
§ 1A-I, Rule 4, and shall direct the violator to either pay the assessment or contest the assessment,
within 30 days after receipt of the notice of assessment by written demand for a hearing.
(3) Hearing. A hearing on the civil penalty shall be conducted by the Town of Gibsonville Board of
Aldermen within 30 days after the date the written demand for the hearing is received by the Town of
Gibsonville Board of Aldermen. The board conducting the hearing shall make its recommendation to
the governing body of the Town of Gibsonville within 30 days after the date of the hearing.
(4) Final decision. The governing body shall issue a final decision on the civil penalty within 30
days of the recommended decision. A copy of the final decision shall be served on the violator by any
means authorized under G.S. § 1A-I, Rule 4.
(5) Appeal of final decision. Appeal form the final decision of the governing body shall be to the
Superior Court of the county in which the violation occurred. Any appeal must be filed with 30 days of
receipt of the final decision. A copy of the appeal must be served on the (City manager/County
board/other appropriate person) by any means authorized under G.S. § IA -I, Rule 4.
(6) Demand for payment of penalty. An assessment that is not contested is due when the violator
is served with a notice of assessment. The civil penalty must be paid within 30 days or the
assessment, if not appealed, or within 30 days after the conclusion of the administrative or judicial
review of the assessment. If payment is not received within 30 days after demand for payment is
made, the Town of Gibsonville may institute a civil action to recover the amount of the assessment.
The civil action may be brought in the Superior Court where the violation occurred, or the violator's
residence or principal place of business is located. Such civil actions must be filed within three years
of the date the assessment was due.
(7) Use of penalties. Civil penalties collected pursuant to this chapter shall be credited to the
general fund of the Town of Gibsonville as nontax revenue.
(C) Criminal penalties. A violation of the provisions of this chapter or a rule or order adopted
pursuant to this chapter shall be punished as provided for in the North Carolina General Statutes for
the violation of local ordinances. See, e.g., G.S. § 14-4. Violation may also be punishable under the
provisions of G.S. § 143-215.6B.
(D) Injunctive relief.
(1) Civil action in Superior Court. Whenever the governing body of the Town of Gibsonville has
reasonable cause to believe that any person is violating or threatening to violate this chapter or any
rule or order adopted or issued pursuant to this chapter, it may, either before or after the institution of
any other action or proceeding authorized by this chapter, institute a civil action in the name of the
Town of Gibsonville for injunctive relief to restrain the violation or threatened violation. The action shall
be brought in the Superior Court of Alamance County.
(2) Order to cease violation. Upon determination by a court that an alleged violation is occurring
or is threatened, the court shall enter any order or judgment that is necessary to abate the violation, to
ensure that restoration is performed, or to prevent the threatened violation. The institution of an action
for injunctive relief under this section shall not relieve any party to the proceedings from any civil or
criminal penalty prescribed for violations of this chapter.
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(E) Compliance with requirements. Any person engaged in new activities as defined by this chapter
who fails to meet the requirements of this chapter shall be deemed in violation of this chapter.
(Ord. passed 11-1-10)
TABLE OF SPECIAL ORDINANCES
Table
I. AGREEMENTS
II. ANNEXATIONS AND DISANNEXATIONS
III. FRANCHISES
IV. STREET CLOSINGS
V. ZONING MAP CHANGES
TABLE I: AGREEMENTS
Ord. No.
Date Passed
Description
10-6-86
Approving an agreement with Harman
Apartments for a daily inspection of their sewer
and pump station.
TABLE II: ANNEXATIONS AND DISANNEXATIONS
Ord. No.
Date Passed
Description
Annexing certain non-contiguous territory,
0-86-05
4-7-86
beginning at a point in N.C. Highway 100, a corner
with Lester Barrett Huffines.
Annexing certain property, beginning at a point in
0-87-06
12-1-86
the center line of N.C. Highway 100, a corner with
G. Noah Heirs.
0-87-07
12-1-86
Annexing the following two tracts of land:
Tract 1: A track, beginning at an iron stake in the
right of way line of SR 2748 corner with the town.
Tract 2: A track, being all of Lot No. 2, containing
2,090 acres more or less
0-87-09
6-1-87
Annexing certain non-contiguous territory,
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beginning at an iron stake at the intersection of the
north right-of-way line of Brookview Drive and the
east right-of-way line of Westbrook Avenue.
Annexing certain property, beginning at a point in
0-88-03
9-14-87
the existing western right of way line of Smith
Street, corner with J. Maynard Gilliam.
6-6-88
Annexing Circle Drive Extension.
Annexing Springhill Downs, Forest Trace,
3-6-89
Boonewood, Kingston Place, and Westbrook
Forest, beginning at a point located in the center of
Alamance street.
Annexing a certain tract of land in Boone Station
Township, beginning at an iron stake, the northeast
3-6-89
corner of the property of Vastine Overman and
William Lester and the southeast corner of Forest
Trace subdivision and in the western right-of-way
of Westbrook Avenue.
Annexing a certain tract in Rock Creek Township,
3-6-89
beginning at a control corner and stake in the
eastern margin of N.C. Highway 61.
Annexing a certain tract in Boone Station
3-6-89
Township, beginning at an iron stake in the
southern margin of Alamance Street, corner with
Onie W. Dennis.
Annexing a certain tract in Boone Station
Township, beginning at an iron stake in the line of
3-6-89
the property of Vastine Overman and James W.
Lester and corner with Lot No. 2, Section Three -A,
Westbrook Forest and Lot No. 87, section Three-B,
Westbrook Forest.
Annexing certain property, beginning at an iron pin
3-5-90
on the western side of Springwood Church Road,
corner with Lot No. 3.
Annexing certain property, beginning at a point on
3-5-90
the intersection of the eastern margin of Falcon
Road and the southern margin of Carmon Road.
5-17-90
Annexing the following four tracts of land:
Tract I: A track, being the Westbrook Forest Area
and beginning at an existing iron pipe, the
northeast corner of Lot 73 of the Westbrook Forest
Subdivision Section 4C.
Tract II: A track, being the Brookview Drive Area
and beginning at an existing iron pipe located
S49030'20"W 40.37' from a nail in the north edge
of the pavement of Westbrook Avenue.
Tract III: A track, being the Forrest Trace Area and
beginning at an existing iron pipe located
N39042'30"W 1389.76'.
Tract IV: A track, being West Meadows Area and
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beginning at a R.R. Spike in the center of N.C.
Highway 100, a corner of the existing city limits.
Annexing Greeson Trailer Park, beginning at a
stone by a hickory a corner with J.P. Westmoreland
8-6-90
and running with the Westmoreland line S84°10'E
1593 feet to a corner between J.P Westmoreland
and Caleb Tickle.
Annexing New Generation Yarn, beginning at a
9-4-90
crossmark in 1-85 a corner with Springwood
Church.
12-3-90
Annexing Town Park Property, including the
following two tracts of land:
Tract I: A track, beginning at an iron stake on the
west side of branch, a corner with the town and
L.E. Thompson.
Tract 11: A tract, beginning at an iron stake, a
corner of Cemetery Track.
Annexing four acres of Lot 2 of the division of
12-3-90
property of Robert Wilkins Traynham, Jr. and Nellie
H. Traynham as recorded in Plat Book 98, Page
122 of the Guilford County Registry.
Annexing territory, beginning at a point in the
1-7-91
western boundry of Fairlane, Inc. as recorded in
Plat Book 16, Page 6, Guilford County Registry.
Annexing a certain tract of land owned by Jerry
1-7-91
Long, located at Brittney Lane and 1-85, and
beginning at a crossmark in 1-85 a corner with
Springwood Church.
Annexing a tract of land in Rock Creek Township,
1-7-91
beginning at a crossmark in 1-85, corner with O.W.
Williams.
Annexing Truckstop of America, located at 1-85,
2-18-91
and including the following three tracts of land:
Tract 1: A tract, beginning at an existing iron pipe,
located at the Southeast Intersection of Greeson
Road and N.C. Highway 61.
Tract 11: A tract, beginning at a new iron pipe on
the Eastern right-of-way line of N.C. 61 being a
common corner with G.H. Kirkpatrick, Jr.
Tract III: A tract, beginning at an existing R/W
monument, situated east of the intersection of the
up -ramp form the westbound land of Interstate 85
and N.C. Highway 61.
Annexing Hudson's Mobile Home Park, beginning
2-18-91
at an iron stake on the north side of Back Creek, a
corner with Paul Ingle and Mildred B. Hilliard.
2-18-91
Annexing an eight -acre tract of land owned by
Clark Lindley, located on Ballpark Road.
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4-1-91
Annexing a certain tract of land in Rock Creek
Township, beginning at an iron stake corner
between Lots 1 and 2 of the division of property of
Robert Wilkins Traynham, Jr. and Nellie H.
Traynham.
Annexing a tract of land in Rock Creek Township,
5-6-91
beginning at an iron stake in the northern portion of
the right of way of N.C. State Road 3064.
Annexing certain property, beginning at an existing
2-17-92
stone and being the northeast corner of Lot
Number 13 of Scott Leigh Heights, Section 3.
11-92
2-17-92
Rescinding the annexation of the Gibsonville
Mobile Home Park.
Annexing Scholl of America, a certain property,
6-7-93
beginning at an iron stake in the northern margin of
the right of way of Interstate 85, a corner with Pace
Oil Company, Inc.
12-6-93
Annexing Block 49, Lot 18 in the Rock Creek
Township (7290 N.C. Highway 70).
6-5-95
Annexing the property of Charles Hursey at 7246
Burlington Road.
TABLE III: FRANCHISES
Ord. No.
Date Passed
Description
Providing for the regulation of basic service tier
rates and related equipment, installation and
service charges of any cable television system
operating in the town.
Approval of Cable TV franchise agreement
7-13-98
between the Town and Time Warner
Entertainment/Advance-Newhouse Partnership
(d.b.a. Time Warner Cable).
TABLE IV: STREET CLOSINGS
Ord. No. Date Passed Description
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10-6-86 I Closing the alleyway parallel to Peidmont Street
II and Lewis Street.
TABLE V: ZONING MAP CHANGES
Ord. No.
Date Passed
Description
001-91
7-1-91
Rezoning property along Highway 100 between
Lashley Park and Dew Sharpe Road to R-20.
2 17 92
Rezoning ACL 2-82 Block 78 Lot 7 from RS-20
to A-1.
-)ARALI ^L RE RENC�-
References to North Carolina General Statutes
References to Minute Book
References to 1967 Code
References to 1975 Code
References to Ordinances
REFERENCES TO NORTH CAROLINA GENERAL STATUTES
G.S. Section
Code Section
N.C. Constitution, Art. V, Sec. 13
155.08
1A-1, Rule 4
155.60, 155.99
1A-1, Rule 4(J)
155.60
Ch. 14, Art. 26
116.18, 116.54, 116.59, 116.75
Ch. 14, Art. 27
116.18, 116.54, 116.59, 116.75
14-4
36.99, 95.01, 95.20, 150.062, 151.52, 151.55,
155.99
14-4(a)
10.99, 36.99, 150.999
14-4(b)
70.99
14-177 et seq.
116.59, 116.75
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14-203 et seq.
116.59, 116.75
14-269
36.30
14-288.1
36.15
14-288.13
36.15
14-409.39(2)
36.15
18B-101
130.01
18B-900 - 18B-906
130.01
20-4.01
70.01
20-4.01(7b)
70.01
20-4.01(27)j
70.01
20-4.01(32)
72.65
20-37.6
72.15
20-37.6(f)(1)
72.99
20-142.1
70.20, 75.01
20-172 et seq.
Ch. 74
20-219.11
90.07
20-280
116.70
Ch. 40A
96.17
Ch. 44A, Art. 1
90.09
63-1
155.08
63-79(1)
155.08
Ch, 87
150.081
Ch. 90, Art. 5
130.10
105-109(d)
110.28
105-113.77 - 105-113.79
110.31
105-249
110.26
105-249.1
110.26
130-290(8)
153.02
136-141 et seq.
90.12
136-143
90.12
143-138
150.062
143-138(e)
30.37, 150.020
143-151.26 et seq.
150.080
143-212
155.08
143-214.10
155.47
143-215.6B
155.99
Ch. 150B, Art. 3
155.15, 155.45, 155.46
Ch. 150B, Art. 4
155.15, 155.45, 155.46
Ch. 153A, Art. 18
155.01, 155.46
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153A-121
155.01
153A-140
155.01
159-8
35.03
159-13
35.03
159-15
35.03
159-48(b)(1)
155.08
159-81
155.08
159-97
155.08
Ch. 160A
152.01, 152.52
Ch. 160A, Art. 7, Part 2
Charter 4.1
Ch. 160A, Art. 10.
151.51
Ch. 160A, Art. 12
35.05
Ch. 160A, Art. 19
155.01, 155.46
Ch. 160A, Art. 19, Part 6
151.01
160A-70
30.21
160A-72
30.20
160A-74
30.19
160A-75
30.25
160A-78
30.38
160A-146
31.65
160A-174
155.01
160A-175
51.16, 95.01, 150.999
160A-193
95.19, 155.01
160A-194
150.080
160A-207
110.28
160A-216 - 160A-238
51.52, 51.53
160A-226(c)
35.05
160A-286
32.23
160A-303
90.01
160A-303.2
90.01
160A-385.1
155.17
160A-415
150.060
160A-421
150.062
160A-422
150.062
160A-432
150.062
160A-441
151.01
160A-443
151.48
160A-443(5)
151.50
160A-443(6)
151.51
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160A-444
151.01
160A-446(f)
151.48
160A-446(g)
151.48
163-292
Charter 3.2
163A-340(b)(2)
95.01
166A-8
36.15
166A-19.22
36.15
REFERENCES TO MINUTE BOOK
Book No.
Date Passed
Code Section
No. 12, pg. 212
—
112.02, 112.99
No. 12, pg. 241
6-5-67
30.16
No. 12, pg. 274
12-8-67
51.40
No. 13, pg. 136
3-16-70
97.16, 97.99
No. 13, pg. 151
5-19-70
93.01
No. 14, pg. 16,17
1-18-71
91.11
No. 14, pg. 188-192, § 1
9-5-70
51.50
No. 14, pg. 188-192, § 2
9-5-70
51.51
No. 14, pg. 188-192, § 5
9-5-70
51.58
No. 14, pg. 188-192, § 6
9-5-70
51.59
REFERENCES TO 1967 CODE
1967 Code Section
1996 Code Section
Ch. A,§1
30.01
Ch. A, § 2
30.02
Ch. A,§5
30.18
Ch. A, §§ 7 - 12
30.22
Ch. A, § 13
30.23
Ch. A, § 16
30.24
Ch. A, § 17
30.25
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Ch. A, § 19 30.25
Ch. A, § 20
30.25
Ch. A, § 23
30.39
Ch. A, § 24
30.40
Ch. A, § 25
30.41
Ch. A, § 26
30.03
Ch. A, § 27
30.04
Ch. A, § 28
30.05
Ch. B, Art. 1, § 1
31.15
Ch. B, Art. 2, § 1
31.25
Ch. B, Art. 2, § 2
31.26
Ch. B, Art. 3, § 1
31.35
Ch. B, Art. 3, § 2
31.36
Ch. B, Art. 4, § 1
31.45
Ch. B, Art. 4, § 2
31.46
Ch. B, Art. 5, § 1
31.55
Ch. B, Art. 5, § 2
31.56
Ch. B, Art. 6, § 2
32.17
Ch. B, Art. 7, § 1
33.02
Ch. B, Art. 7, § 2
33.02
Ch. D, § 1
35.01
Ch. D, § 3
35.02
Ch. F, § 3
32.19
Ch. F, § 4
32.20
Ch. F, § 9
32.24
Ch. G, Art. 3, § 4
70.25
Ch. G, Art. 3, § 6
70.26
Ch. G, Art. IV, § 4
72.12
Ch. G, Art. IV, § 5
72.54
Ch. G, Art. IV, § 8
72.55
Ch. G, Art. IV, § 10
72.39
Ch. G, Art. IV, § 12
72.13
Ch. G, Art. IV, § 13
72.14
Ch. G, Art. 5, § 23
71.75
Ch. G, Art. 5, § 25
71.76
Ch. G, Art. 5, § 26
71.15
Ch. G, Art. 6, § 1
71.09
Ch. G, Art. 6, § 2
71.10
Ch. G, Art. 6, § 3
71.11
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Ch. G, Art. 6, § 4 71.12
Ch. G, Art. 6, § 5
71.07
Ch. G, Art. 6, § 6
71.08
Ch. G, Art. 7, § 1
75.02
Ch. G, Art. 7, § 2
75.03
Ch. H, Art. 1, § 4
132.01
Ch. H, Art. 1, § 7
130.06
Ch. H, Art. 1, § 8
97.51
Ch. H, Art. 1, § 9
91.12
Ch. H, Art. 1, § 10
130.05
Ch. H, Art. 1, § 13
131.01
Ch. H, Art. 1, § 14
131.02
Ch. H, Art. 1, § 15
130.07
Ch. H, Art. 2, § 1
130.09
Ch. H, Art. 2, § 2
130.03
Ch. H, Art. 2, § 5
130.02
Ch. H, Art. 2, § 6
131.03
Ch. H, Art. 2, § 8
111.02
Ch. H. Art. 2, § 9
111.03
Ch. H, Art, 2, § 10
111.01
Ch, H, Art. 2, § 11
111.04
Ch. H, Art. 3, § 2
91.03
Ch. H, Art. 3, § 3
91.06
Ch. H, Art. 3, § 6
91.23
Ch. H, Art. 3, § 7
91.24
Ch. H, Art. 3, § 9
91.07
Ch. H, Art. 3, § 11
91.08
Ch. H, Art. 3, § 15
91.09
Ch, H, Art. 3, §§ 18 - 21
91.25
Ch. H, Art. 3, § 22
91.10
Ch. H, Art. 5, § 1
130.08
Ch. H, Art. 5, § 2
130.08
Ch. H, Art. 5, § 3
131.04
Ch. H, Art. 5, § 4
131.05
Ch. H, Art. 5, § 5
131.06
Ch. I, Art. 1, § 3
93.02
Ch, I, Art. 1, § 4
33.03
Ch. I, Art. 1, § 5
93.20
Ch. I, Art. 2, § 1
93.10
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Ch. I, Art. 2, § 2 93.11
Ch. I, Art. 2, § 5
93.13
Ch. I, Art. 2, § 6
93.14
Ch. I, Art. 2, § 7
93.15
Ch, I, Art. 2, § 8
93.16
Ch. I, Art. 2, § 9
93.16
Ch. J, Art. 1, § 3
97.15
Ch. J, Art. 1, § 4
97.20
Ch. J, Art. 1, § 6
97.21
Ch. J, Art. 1, § 7
97.22, 97.58
Ch. J, Art. 1, § 9
97.51
Ch. J, Art. 1, § 11
97.23
Ch. J, Art. 1, § 12
97.24
Ch. J, Art. 1, § 14
97.17, 97.25
Ch. J, Art. 1, § 15
97.17, 97.26
Ch. J, Art. 1, § 16
97.27
Ch. J, Art. 1, § 17
97.53, 97.99
Ch. J, Art. 1, § 18
97.28, 97.99
Ch. J, Art. 1, § 19
97.54
Ch. J, Art. 1, § 20
97.29
Ch. J, Art. 1, § 21
97.55
Ch. J, Art. 2
97.56
Ch. J, Art. 3, § 1
97.70
Ch. J. Art. 3, § 2
97.71
Ch. J, Art. 3, § 3
97.72
Ch. J, Art. 3, § 4
97.73
Ch. J, Art. 3, § 5
97.74
Ch. J, Art. 3, § 6
97.75
Ch, J, Art. 5, § 2
97.01
Ch. J, Art. 5, § 3
97.01
Ch. J, Art. 5, § 5
97.03
Ch. J, Art. 5, §§ 6 - 10
97.59
Ch. J, Art. 5, § 13
97.30
Ch. J, Art. 5, § 16
97.52
Ch. J, Art. 5, § 17
97.52
Ch. K, Art. 1, § 1
94.21
Ch, K, Art. 1, § 2
94.22
Ch. K, Art. 1, § 3
94.23
Ch. K, Art. 1, § 4
94.24
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Ch. K, Art. 1, § 5 94.25
Ch. K, Art. 3, § 1
94.02
Ch. K, Art. 3, § 2
94.26
Ch. K, Art. 3, § 3
94.03
Ch. K, Art. 3, § 4
94.04
Ch. K, Art. 3, § 5
94.05
Ch. K, Art. 3, § 6
94.06
Ch. K, Art. 3, § 7
94.07
Ch. K, Art. 3, § 9
94.08
Ch. K, Art. 4, § 1
50.01
Ch. K, Art. 4, § 4
50.04
Ch. K, Art. 4, § 5
50.05
Ch, M, Art. 1, § 5 IF150.107
Ch. M, Art. 1, § 6
150.107
Ch. M, Art. 1, § 10
150.002
Ch. M, Art. 1, § 16
150.003
Ch. M, Art. 1, § 17
150.021
Ch. M, Art. 1, § 18
150.025
Ch. M, Art. 1, § 21
150.006
Ch. M, Art. 2, § 2
150.004
Ch. M, Art. 2, § 3
150.005
Ch. M, Art. 3, § 1
150.026
Ch. O, Art. I, § 3
51.03
Ch. O, Art. I, § 6
51.39
Ch. O, Art. I, § 7
51.25
Ch. O, Art. I, § 9
51.66
Ch. O, Art. I, § 12
51.10
Ch. O, Art. II, § 5
51.67
Ch. O, Art. II, § 6
51.38
Ch. O, Art. II, § 7
51.05
Ch. O, Art. II, § 9
51.12
Ch. O, Art. II, § 10
51.11
Ch. O, Art. II, § 12
51.68
Ch. O, Art. II, § 13
51.06
Ch. O, Art. II, § 15
51.70
Ch. O, Art. II, § 17
51.07
Ch. O, Art. 3, § 1
92.01
Ch. O, Art. 3, § 3
92.03
Ch. O, Art. 3, § 4
92.03
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Ch. O, Art. 3, § 5
92.06
Ch. O, Art. 3, § 6
92.25
Ch. O, Art. 3, § 8
92.26
Ch. O, Art. 3, § 9
92.27
Ch. O, Art. 3, § 10
92.28, 92.99
Ch. O, Art. 3, § 11
92.07
Ch. O, Art. 3, § 12
92.04
Ch. O, Art. 3, § 13
92.08
Ch. O, Art. 3, § 14
92.05
Ch. O, Art. 3, § 16
92.29
Ch. O, Art. 3. § 17
92.30
Ch. O, Art. 3, § 18
92.09
Ch. O, Art. 3, § 19
92.10
Ch. O, Art. IV, § 1
52.01
Ch. O, Art. IV, § 2
52.15
Ch. O, Art. IV, § 3
52.16
Ch. O, Art. IV, § 4
52.17
Ch. O, Art. IV, § 5
52.18
Ch. O, Art. IV, § 6
52.19
Ch. O, Art. IV, § 7
52.20
Ch. O, Art. IV, § 8
52.02
Ch. O, Art. IV, § 9
52.30
Ch. O, Art. IV, § 10
52.31
Ch. O, Art. IV, § 11
52.99
Ch. O, Art. IV, § 12
52.99
REFERENCES TO 1975 CODE
1975 Code Section
1996 Code Section
1.1
10.05, 10.06
1.2
10.15
1.3
10.04
1.4
10.17
1.6
10.07
1.7
131.07
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2.1 30.01
2.2
30.02
2.3
30.15
2.4
30.15
2.5
30.16
2.6
30.17
2.7
30.18
2.8
30.19
2.9
30.20
2.10
30.21
2.11 - 2.15
30.22
2.16
30.23
2.17
30.24
2.18
30.25
2.19
30.26
2.20
30.27
2.21
30.25
2.22
30.37
2.23
30.03
2.24
30.04
2.25
30.05
2.31
30.35
2.32
30.36
2.34
30.38
2.35
30.39
2.36
30.40
2.37
30.41
2.41
31.15
2.42
31.16
2.43
31.25
2.44
31.26
2.45
31.35
2.46
31.36
2.47
31.45
2.48
31.46
2.49
31.55
2.50
31.56
2.51
31.65
2.52 =31.65
https://export.amlegal.com/api/export-requests/b4c710fd-353f-4f5d-8bf0-4f7dabf79a41 /download/ 306/325

11/22/21, 11:08 AM https://export.amlegal.com/api/export-requests/b4c710fd-353f-4f5d-8bf0-4f7dabf79a41/download/
2.53 31.66
2.54
31.67
2.55
31.68
2.56
31.01
2.81
35.01
2.83
35.02
2.84
35.03
2.85
35.04
2.92
96.15
2.93
96.15
2.94
96.17
2.95
96.16
2.96
96.17
2.97
96.18
2.98
96.18
2.99
96.19
2.100
96.19
2.101
96.16
2.102
96.20
2.103
96.20
2.104
96.21
2.105
96.22
2.106
96.23
2.107
96.24
2.108
96.24
3.1
32.15
3.2
32.16
3.3
32.17
3.4
32.18
3.5
32.19
3.6
32.20
3.8
32.21
3.9
32.22
3.10
32.23
3.12
32.24
3.13
32.01
3.21
32.35
3.22
32.36
3.23
32.37
https://export.amlegal.com/api/export-requests/b4c710fd-353f-4f5d-8bf0-4f7dabf79a41 /download/ 307/325

11/22/21, 11:08 AM https://export.amlegal.com/api/export-requests/b4c710fd-353f-4f5d-8bf0-4f7dabf79a41/download/
3.24 32.38
3.25
32.39
3.26
32.40
3.27
32.40
3.31
36.15
3.32
36.16
3.33
36.17
3.34
36.99
3.41
130.26
3.42
130.25
3.43
130.27
3.44
130.28
3.45
130.29
3.46
130.30
3.47
130.31
3.48
130.32
3.49
130.33
4.1
33.01
4.2
33.02
4.3
33.02
4.5
33.03
4.6
93.19
4.7
93.20
4.8
33.04
4.9
33.05
4.11
93.10
4.12
93.11
4.14
93.13
4.15
93.14
4.16
93.15
4.17
93.16
4.18
93.16
4.19
93.17
4.20
93.18
4.31
93.02
4.41
93.01
5.1 - 5.3 -IF97.01
5.4
97.02
5.5
97.03
https://export.amlegal.com/api/export-requests/b4c710fd-353f-4f5d-8bf0-4f7dabf79a41 /download/ 308/325

11/22/21, 11:08 AM https://export.amlegal.com/api/export-requests/b4c710fd-353f-4f5d-8bf0-4f7dabf79a41/download/
5.7 97.03
5.8
97.04
5.9
97.05
5.10
97.06
5.11
97.07
5.12 - 5.16
97.59
5.21
97.15
5.22
97.16
5.23
97.17
5.24
97.18
5.25
97.19
5.26
97.19
5.27
97.20
5.28
97.21
5.29
97.22, 97.58
5.30
97.23
5.31
97.24
5.32
97.17
5.32
97.25
5.33
97.17, 97.26
5.34
97.27
5.35
97.28, 97.99
5.36
97.29
5.37
97.30
5.41
97.45
5.42
97.46
5.43
97.47
5.44
97.48
5.45
97.49
5.46
97.50
5.48
97.52
5.49
97.52, 97.99
5.50
97.53
5.51
97.54
5.52
97.55
5.53
97.56
5.61
97.70
5.62
97.71
5.63
97.72
https://export.amlegal.com/api/export-requests/b4c710fd-353f-4f5d-8bf0-4f7dabf79a41 /download/ 309/325

11/22/21, 11:08 AM https://export.amlegal.com/api/export-requests/b4c710fd-353f-4f5d-8bf0-4f7dabf79a41/download/
5.64 97.73
5.65
97.74
5.66
97.75
5.71
131.15
5.72
131.15
5.74
131.16
5.75
131.16
6.1
51.01
6.2
51.36
6.3
51.37
6.5
51.35
6.6
51.03
6.7
51.04
6.8
51.65
6.9
51.66
6.10
51.67
6.11
51.38
6.12
51.05
6.13
51.68, 51.70
6.14
51.06
6.15
51.69
6.17
51.07
6.18
51.08
6.19
51.25
6.20
51.02
6.21
51.09
6.22
51.71
6.23
51.72
6.24
51.39
6.25
51.10
6.26
51.11
6.27
51.40
6.28
51.12
6.31
51.50
6.32
51.51
6.35
51.58
6.36
51.59
6.41
52.01
6.42
52.15
https://export.amlegal.com/api/export-requests/b4c710fd-353f-4f5d-8bf0-4f7dabf79a41 /download/ 310/325

11/22/21, 11:08 AM https://export.amlegal.com/api/export-requests/b4c710fd-353f-4f5d-8bf0-4f7dabf79a41/download/
6.43 52.16
6.44
52.17
6.45
52.18
6.46
52.19
6.47
52.20
6.48
52.02
6.49
52.30
6.50
52.31
6.51
52.99
7.2 - 7.14
70.01
7.21
70.50
7.22
70.50
7.23
70.51
7.24
70.52
7.25
70.52
7.26
70.52
7.27
70.53
7.28
70.54
7.29
70.55
7.30
70.56
7.36
70.99
7.41
70.02
7.42
70.03
7.43
70.04
7.44
73.01
7.45
70.05
7.46
70.06
7.47
71.03
7.51
70.15
7.52
70.16
7.53
70.17
7.54
70.17
7.55
70.18
7.56
70.19
7.57
70.20
7.58
70.21
7.59
70.22
7.60
70.23
7.61
70.24
https://export.amlegal.com/api/export-requests/b4c710fd-353f-4f5d-8bf0-4f7dabf79a41 /download/ 311 /325

11/22/21, 11:08 AM https://export.amlegal.com/api/export-requests/b4c710fd-353f-4f5d-8bf0-4f7dabf79a41/download/
7.62 70.25
7.63
70.26
7.71
71.13
7.72
71.13
7.81
71.40
7.82
71.41
7.83
71.42
7.84
71.43
7.85
71.44
7.91
71.14
7.92
71.14
7.101
71.55
7.102
71.56
7.103
71.57
7.104
71.58
7.105
71.59
7.106
71.60
7.107
71.61
7.109
71.15
7.111
71.01
7.112
71.02
7.113
71.25
7.114
71.26
7.115
71.27
7.116
71.28
7.117
71.04
7.118
71.05
7.119
73.02
7.120
73.03
7.121
71.06
7.122
71.75
7.123
71.76
7.124
71.07
7.125
71.08
7.126
71.09
7.127
71.10
7.128
71.11
7.129
71.12
7.131
=74.
https://export.amlegal.com/api/export-requests/b4c710fd-353f-4f5d-8bf0-4f7dabf79a41 /download/ 312/325

11/22/21, 11:08 AM https://export.amlegal.com/api/export-requests/b4c710fd-353f-4f5d-8bf0-4f7dabf79a41/download/
7.132 74.02
7.133
74.02
7.134
74.03
7.135
74.04
7.136
74.05
7.137
74.06
7.138
74.07
7.139
74.08
7.140
75.03
7.151
73.15
7.152
73.16
7.153
73.17
7.154
73.18
7.155
73.19
7.156
73.18
7.157
73.20
7.158
73.18
7.159
73.21
7.160
73.22
7.161
73.23
7.162
73.24
7.171
72.01
7.172
72.02
7.173
72.02
7.174
72.03
7.181
72.04
7.182
72.05
7.183
72.06
7.184
72.07
7.185
72.08
7.186
72.09
7.187
72.10
7.188
72.11
7.190
72.12
7.191
72.13
7.192
72.14
7.201
72.35
7.202
72.36
7.203
72.37
https://export.amlegal.com/api/export-requests/b4c710fd-353f-4f5d-8bf0-4f7dabf79a41 /download/ 313/325

11/22/21, 11:08 AM https://export.amlegal.com/api/export-requests/b4c710fd-353f-4f5d-8bf0-4f7dabf79a41/download/
7.204 72.38
7.205
72.39
7.206
72.40
7.207
72.41
7.211
72.50
7.212
72.51
7.213
72.52
7.214
72.53
7.215
72.54
7.218
72.55
7.219
72.99
7.221
75.02
7.222
75.03
7.223
75.04
8.1
150.020
8.2
150.021
8.3
150.022
8.4
150.023
8.5
150.024
8.6
150.024
8.7
150.025
8.8
150.026
8.9
150.027
8.10
150.028
8.11
150.029
8.21
150.100
8.22
150.101
8.23
150.102
8.24
150.103
8.25
150.104
8.26
150.105
8.27
150.106
8.28
150.107
8.29
150.107
8.31
150.040
8.32
150.041
8.33
150.042
8.34
150.043
8.35
150.044
https://export.amlegal.com/api/export-requests/b4c710fd-353f-4f5d-8bf0-4f7dabf79a41 /download/ 314/325

11/22/21, 11:08 AM https://export.amlegal.com/api/export-requests/b4c710fd-353f-4f5d-8bf0-4f7dabf79a41/download/
8.36 150.044
8.37
150.045
8.38
150.046
8.39
150.047
8.40
150.002
8.41
150.003
8.42
150.004
8.43
150.005
8.44
150.006
8.51
151.01
8.52
151.02
8.53
151.15
8.54
151.16
8.55
151.17
8.56
151.18
8.57
151.19
8.58
151.20
8.59
151.21
8.60
151.30 - 151.34
8.61
151.03
8.62
151.45
8.63
151.45
8.64
151.46
8.65
151.47
8.66
151.48
8.67
151.49
8.68
151.50
8.69
151.51
8.70
151.52
8.71
151.53
8.72
151.54
8.73
151.55
8.81
150.060
8.82
150.060
8.83
150.061
8.84
150.062
8.85
150.063
8.86
150.064
8.87
150.065
https://export.amlegal.com/api/export-requests/b4c710fd-353f-4f5d-8bf0-4f7dabf79a41 /download/ 315/325

11/22/21, 11:08 AM https://export.amlegal.com/api/export-requests/b4c710fd-353f-4f5d-8bf0-4f7dabf79a41/download/
8.88 150.066
8.89
150.067
8.90
150.070
8.91
150.068
8.93
150.069
8.101
150.120
8.102
150.121
8.103
150.122
8.104
150.123
8.105
150.124
8.106
150.125
8.121
150.080
8.122
150.081
8.123
150.082
8.124
150.083
8.125
150.084
8.126
150.085
8.127
150.086
8.128
150.087
8.129
150.088
8.130
150.999
9.1
94.20
9.2
94.21
9.3
94.22
9.4
94.23
9.5
94.24
9.6
94.25
9.7
94.01
9.8
51.15
9.9
97.57
9.10
94.02
9.11
94.26
9.12
94.03
9.13
94.04
9.14
94.05
9.15
94.06
9.16
114.01
9.17
114.02
9.18
114.02
https://export.amlegal.com/api/export-requests/b4c710fd-353f-4f5d-8bf0-4f7dabf79a41 /download/ 316/325

11/22/21, 11:08 AM https://export.amlegal.com/api/export-requests/b4c710fd-353f-4f5d-8bf0-4f7dabf79a41/download/
9.19 114.03
9.20
130.04
9.21
51.14
9.22
94.07
9.23
94.08
9.30
95.15
9.31
95.16
9.32
95.17
9.33
95.17
9.34
95.18
9.35
95.19
9.36
95.20
9.41
50.01
9.42
50.02
9.43
50.03
9.44
50.04
9.45
50.05
9.46
50.06
9.47
50.07
9.48
50.08
9.49
50.09
9.50
50.10
9.61
92.01
9.62
92.02
9.63
92.03
9.64
92.03
9.65
92.06
9.66
92.25
9.67
92.25
9.68
92.26
9.69
92.27
9.70
92.28, 92.99
9.71
92.07
9.72
92.04
9.73
92.08
9.74
92.05
9.75
92.29
9.77
92.09
9.78
92.10
https://export.amlegal.com/api/export-requests/b4c710fd-353f-4f5d-8bf0-4f7dabf79a41 /download/ 317/325

11/22/21, 11:08 AM https://export.amlegal.com/api/export-requests/b4c710fd-353f-4f5d-8bf0-4f7dabf79a41/download/
9.79 92.31
9.80
92.31
9.81
92.32
9.82
92.11
9.83
92.12
9.84
92.13
9.85
92.02
9.86
92.33
9.87
92.14
10.1
110.01
10.2
110.15
10.3
110.16
10.4
110.17
10.5 IF110.18
10.6
110.19
10.7
110.20
10.8
110.21
10.9
110.22
10.10
110.23
10.11
110.24
10.12
110.25
10.13
110.26
10.14
110.27
10.15
110.28
10.16
110.29
10.17
110.30
10.18
110.31
10.61
113.15
10.62
113.16
10.63
113.17
10.64
113.18
10.65
113.19
10.66
113.20
10.67
113.21
10.68
113.22
10.71
115.01
10.72
115.02
10.73
115.03
10.74
115.04
https://export.amlegal.com/api/export-requests/b4c710fd-353f-4f5d-8bf0-4f7dabf79a41 /download/ 318/325

11/22/21, 11:08 AM https://export.amlegal.com/api/export-requests/b4c710fd-353f-4f5d-8bf0-4f7dabf79a41/download/
10.75 115.05
10.76
115.06
10.77
115.07
10.78
115.08
10.81
112.01
10.85
113.01
10.86
113.02
10.87
113.03
10.88
113.04
10.89
113.05
10.90
113.06
11.2
130.01
11.5
132.01
11.6
130.05
11.7
130.06
11.9
130.07
11.12
97.51
11.13
91.12
11.14
131.01
11.15
131.02
11.23
130.02
11.24
111.01
11.27
130.09
11.28
130.03
11.29
131.03
11.30
111.02
11.32
111.03
11.33
111.04
11.34
130.08
11.35
130.08
11.36
131.04
11.37
131.05
11.38
131.06
11.39
112.02, 112.99
11.41
91.02
11.42
91.20 - 91.22
11.43
91.04
11.44
91.05
11.45
91.03
https://export.amlegal.com/api/export-requests/b4c710fd-353f-4f5d-8bf0-4f7dabf79a41 /download/ 319/325

11/22/21, 11:08 AM https://export.amlegal.com/api/export-requests/b4c710fd-353f-4f5d-8bf0-4f7dabf79a41/download/
11.46 91.06
11.47
91.23
11.48
91.24
11.49
91.07
11.50
91.08
11.51
91.09
11.53 - 11.56
91.25
11.57
91.10
11.58
91.11
11.59
91.26
11.60
91.13
11.60.1
91.99
11.84
93.30
App. 11, § 201
Ch. 77, Sch. I
App. 11, § 202
Ch. 77, Sch. 11
App. II, § 203
Ch. 77, Sch. III
App. 11, § 205
Ch. 77, Sch. III
App. 11, § 206
Ch. 77, Sch. V
App. 11, § 207
Ch. 77, Sch. IV
App. 11, § 208
Ch. 76, Sch. I
App. 11, § 209
Ch. 76, Sch. 11
App. 11, § 210 1FCh.
76, Sch. III
App. 11, § 215
Ch. 76, Sch. IV(C)
App. II, § 222
Ch. 76, Sch. IV(C)
App. 11, § 223
Ch. 76, Sch. IV(D)
App. 11, § 229
Ch. 76, Sch. V(A)
App. 11, § 230
Ch. 76, Sch. V(B)
App. 11, § 231
Ch. 77, Sch. 11
App. 11, § 233
Ch. 77, Sch. VI(B)
App. 11, § 234
Ch. 77, Sch. VI(A)
App. 11, § 235
Ch. 76, Sch. VI
App. 11, § 236
Ch. 76, Sch. VI(A)
App. 11, § 237
Ch. 76, Sch. IV(B)
App. 11, § 238
Ch. 77, Sch. 11
REFERENCES TO ORDINANCES
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11/22/21, 11:08 AM https://export.amlegal.com/api/export-requests/b4c7l0fd-353f-4f5d-8bf0-4f7dabf79a41/download/
Ord. No.
Date Passed
Description
—
- -
T.S.O. III
0-23-77
- -
150.080 - 150.088, 150.999
—
4-3-67
Ch. 76, Sch. II - VI; Ch. 77, Schs. I, II
—
5-6-67
30.16
—
6-5-67
Ch. 76, Sch. IV
—
12-8-67
51.40
—
9-24-68
93.30
—
10-20-69
Ch. 76, Sch. II
—
3-16-70
97.16, 97.99
—
5-19-70
93.01
—
6-22-70
Ch. 76, Sch. IV
—
9-5-70
51.50, 51.51, 51.58, 51.59
—
1-18-71
91.11
—
2-1-71
Ch. 76, Sch. II
—
7-1-71
51.66
—
9-20-71
Ch. 76, Sch. 11; Ch. 77, Sch.
—
1-17-72
Ch. 76, Sch. II
—
2-21-72
Ch. 76, Sch. III
—
3-31-72
31.65 - 31.68
—
5-25-72
Ch. 76, Sch. II
—
6-19-72
Ch. 76, Sch. II
—
6-29-72
Ch. 76, Sch. III
—
1-15-73
31.67
—
3-19-73
72.99
—
11-19-73
Ch. 77, Sch. 11
—
12-20-73
Ch. 76, Sch. IV
—
3-28-74
151.01 - 151.03, 151.15 - 151.21, 151.30,
151.45 - 151.54
—
9-9-74
33.05
—
9-16-74
51.66, 73.24
—
11-4-74
Ch. 77, Sch. I
—
1-20-75
Ch. 77, Sch. I
—
3-3-75
151.47
—
4-17-75
96.15 - 96.24
—
5-5-75
96.15
—
5-19-75
112.01
—
11-6-75
Ch. 76, Schs. 11, IV, VI
https://export.amlegal.com/api/export-requests/b4c7l 0fd-353f-4f5d-8bf0-4f7dabf79a41 /download/ 321 /325

11/22/21, 11:08 AM https://export.amlegal.com/api/export-requests/b4c710fd-353f-4f5d-8bf0-4f7dabf79a41/download/
—
4-20-76
31.67, 97.01
—
6-7-76
91.02, 91.04, 91.05, 91.13, 91.26
—
1-3-77
51.67
77-03
2- -77
113.01 - 113.06
0-77-05
F - -
50.02, 50.03
77-09
6-13-77
110.01, 110.15 - 110.31
—
8-8-77
150.040
0-77-15
8-22-77
Ch. 76, Sch. IV
—
9-12-77
150.060 - 150.070
—
10-24-77
150.120 - 150.125
0-77-19
- -
130.01
—
12-5-77
51.69
79-07
- -
150.101
79-09
10-16-78
Ch. 77, Sch. I
79-11
1-8-79
150.024
79-12
1-8-79
75.04
79-13
2-5-79
92.14
79-15
3-19-79
92.33
79-18
4-2-79
151.21
79-02
9-10-79
Ch. 77, Sch. I
79-03
10-15-79
91.99
72.16
—
4-21-80
Ch. 76, Sch. 11
—
4-21-80
152.01 - 152.11, 152.25, 152.26, 152.35 -
152.37, 152.50 - 152.52
—
10-27-80
75.01
—
10-27-80
Ch. 76, Sch. II
—
4-6-81
150.101
—
5-4-81
Ch. 76, Sch. III
—
8-17-81
Ch. 76, Sch. II; Ch. 77, Sch. III
—
8-17-81
150.007
—
11-16-81
153.01 - 153.03, 153.15, 153.16, 153.18,
153.19
—
12-21-81
Ch. 77, Sch. I
—
3-15-82
113.06
—
4-19-82
Ch. 76, Sch. III
—
5-3-82
151.02
—
2-7-83
Ch. 76, Sch. II
—
5-16-83
Ch. 76, Sch. IV
—
11-21-83
Ch. 76, Sch. II
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0-85-02
7-23-84
96.01 - 96.03
0-85-03
3-4-85
Ch. 76, Sch. V
—
10-7-85
Ch. 77, Sch. 1
0-86-04
9-9-85
93.12
0-86-05
4-7-86
T.S.O. 11
0-86-06
6-3-86
71.75, Ch. 76, Sch. V
—
6-2-86
150.001
0-87-01
- -
Ch. 77, Sch. I
0-87-02
8-4-86
Ch. 76, Sch. II
0-87-05
10-6-86
Ch. 77, Sch. I
—
10-6-86
T.S.O. 1
—
10-6-86
T.S.O. IV
0-87-06
12-1-86
T.S.O. 11
0-87-07
12-1-86
T.S.O. 11
0-87-04
10-6-86
72.65 - 72.69
—
2-2-87
Ch. 76, Sch. III; Ch. 77, Sch. I
0-87-8
4-6-87
50.03
0-87-09
6-1-87
T.S.O. 11
0-87-10
6-1-87
51.13
—
8-3-87
Ch. 76, Sch. 11
0-88-02
8-3-87
Ch. 76, Sch. 11
0-88-03
9-14-87
T.S.O. II
0-88-05
9-14-87
153.01 - 153.06, 153.15 - 153.19
0-88-07
5-2-88
150.001
T.S.O. 11
11-7-88
Ch. 77, Sch. I
—
3-6-89
T.S.O. 11
—
5-22-89
112.01
—
7-10-89
97.48
—
1-8-90
90.01 - 90.03, 90.05 - 90.14
—
3-5-90
T.S.O. 11
—
3-5-90
51.50 - 51.57
—
5-17-90
T.S.O. 11
—
7-2-90
91.99
—
8-6-90
T.S.O. 11
—
9-4-90
T.S.O. 11
—
12-3-90
T.S.O. 11
—
12-3-90
T.S.O. 11
—
1-7-91
T.S.O. 11
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—
2-18-91
T.S.O. 11
—
4-1-91
T.S.O. 11
—
5-6-91
T.S.O. II
—
5-6-91
110.29 - 110.31
001-91
7-1-91
T.S.O. V
11-92
2-17-92
T.S.O. II
2-17-92
T.S.O. 11
—
2-17-92
T.S.O. V
13-92
2-17-92
31.67
—
6-7-93
T.S.O. 11
94-10
10-4-93
92.03
—
12-6-93
T.S.O. 11
94-03
1-3-94
Ch. 76, Sch. 11
72.15
1-3-94
Ch. 76, Sch. 11, IV; Ch. 77, Schs. I, III, VI, VI
—
9-6-94
Ch. 76, Sch. II
—
11-7-94
116.01 - 116.22, 116.35 - 116.38, 116.50 -
116.60, 116.70 - 116.76
95-1
1-9-95
90.07
95-2
5-1-95
36.01
—
6-5-95
T.S.O. I I
10-2-95
36.30, 36.99
—
11-6-95
Ch. 76, Sch. 11
—
1-6-97
Adopting Ordinance
—
4-7-97
90.01, 90.02, 90.03, 90.10, 90.14
—
7-13-98
T.S.O. 11
—
11-2-98
97.26
—
11-2-98
90.04, 90.06
Ch. 77, Sch. I
—
6-7-99
95.15
—
12-2-02
Ch. 76, Sch. III
—
9-8-03
97.45, 97.99
—
7-6-04
50.03
—
9-20-04
50.03
—
10-4-04
95.15
—
12-6-04
92.02, 92.12
—
7-5-05
95.01
—
9-6-05
51.10, 51.13
—
10-17-05
51.85
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—
3-6-06
Ch. 76, Sch. IV
—
3-6-06
Ch. 77, Sch. I
—
9-5-06
51.85
—
9-5-06
Ch. 76, Sch. IV
—
10-2-06
Ch. 76, Sch. IV
—
11-5-07
51.16
—
8-6-07
Ch. 76, Sch. II
—
12-3-07
Ch. 76, Sch. II
—
2-2-09
130.28
—
4-6-09
Ch. 77, Sch. III
—
5-4-09
36.01
—
6-1-09
52.03
—
7-6-09
35.05
—
9-14-09
52.40
—
12-7-09
51.35
—
11-1-10
155.01 - 155.08, 155.15 - 155.19, 155.30 -
155.32, 155.45 - 155.47, 155.60, 155.99
—
4-4-11
Ch. 76, Sch. IV
—
11-5-12
130.10
—
6-3-13
36.15, 36.99
—
11-4-13
50.11
—
11-4-13
31.67
—
7-7-14
95.17
—
10-3-16
115.02 - 115.05, 115.07, 115.09 - 115.11
—
12-5-16
155.31
—
9-11-17
Ch. 76, Sch. II
—
9-11-17
Ch. 76, Sch. II
—
12-4-17
91.01, 91.05
—
1-8-18
50.03, 50.05, 50.09
—
6-3-19
91.01, 91.14
—
8-5-19
93.02
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