VILLAGE OF BALD HEAD ISLAND, NORTH CAROLINA. CURRENT OFFICIALS of the VILLAGE OF BALD HEAD ISLAND, NORTH CAROLINA

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1 VILLAGE OF BALD HEAD ISLAND, NORTH CAROLINA Published by Order of the Village Council Current with legislation passed through September 24, 2010 Supplement No. 4 Published by: American Legal Publishing Corporation 432 Walnut Street, 12th Floor Cincinnati, Ohio Tel: (800) Fax: (513) customerservice@amlegal.com Internet: CURRENT OFFICIALS of the VILLAGE OF BALD HEAD ISLAND, NORTH CAROLINA J. Andrew Sayre Mayor John Fisher Mayor Pro Tempore Gene Douglas Art Morris John Pilera Village Council Calvin R. Peck, Jr.

2 Village Manager Charles S. Baldwin IV Village Attorney Debra Talbert Village Clerk PREFACE This Code constitutes a codification of the general and permanent ordinances of the Village of Bald Head Island, North Carolina. Source materials used in the preparation of the Code were the ordinances adopted by the village council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of any ordinance included herein. The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code. Chapter and Section Numbering System The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject,

3 and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. Page Numbering System The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes: CHARTER CHARTER COMPARATIVE TABLE CODE CODE APPENDIX CODE COMPARATIVE TABLES STATE LAW REFERENCE TABLE CHARTER INDEX CODE INDEX CHT:1 CHTCT:1 CD1:1 CDA:1 CCT:1 SLT:1 CHTi:1 CDi:1 Indexes The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested. Looseleaf Supplements

4 A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages. Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes. Acknowledgments This publication was under the direct supervision of Jan Shekitka, Senior Code Attorney, and Catherine Ponson, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project. The publisher is most grateful to Alina Medina, Village Clerk, for her cooperation and assistance during the progress of the work on this publication. It is hoped that her efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the village readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the village's affairs. Copyright All editorial enhancements of this Code are copyrighted by American Legal Publishing Corporation and the Village of Bald Head Island, North Carolina. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; state law references; numbering system; code comparative table; state law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municipal Code Corporation and the Village of Bald Head Island, North Carolina. Copyrighted material. American Legal Publishing Corporation and the Village of Bald Head Island, North Carolina ADOPTING ORDINANCE

5 ORDINANCE NO AN ORDINANCE OF THE VILLAGE OF BALD HEAD ISLAND, NORTH CAROLINA AMENDING ORDINANCE NO WHEREAS, the Village Council of the Village of Bald Head Island, North Carolina determined it to be in the best interest of the Village and public administration for the Village Ordinances to be organized by subject matter and compiled in a Code of Ordinances; and WHEREAS, the Village Council previously passed Ordinance No with respect to codification of Village Ordinances and repeal of uncodified Ordinances; and WHEREAS, Ordinance No provided for the repeal of uncodified Ordinances to occur two (2) years from the September 15, 2006 adoption date of Ordinance No ; and WHEREAS, work is ongoing on the codification of the Village s Ordinances and it is in the best interest of the Village and public administration for the two (2) year repeal set forth in Ordinance No to be extended for an additional two (2) year period. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE OF BALD HEAD ISLAND, NORTH CAROLINA: Section 1. The two (2) year period for the repeal of Pre-existing Ordinances set forth in Sections 2 and 3 of Ordinance No is hereby extended for an additional twoyear period, so that the effective date of repeal is the 15th day of September, Section 2. Except as expressly amended herein, Ordinance No is ratified and reaffirmed. Passed and adopted by the Village of Bald Head Island Council, this the 18th day of July, BY: /S/ LAWRENCE LAMMERT, Mayor ATTEST: /S/ Joy Barrow Davis, Village Clerk 1st Reading: June 13, 2008

6 2nd Reading: July 18, 2008 Board Action Unanimous 5-0 ORDINANCE NO AN ORDINANCE OF THE VILLAGE OF BALD HEAD ISLAND, NORTH CAROLINA, RESPECTING CODIFICATION OF ORDINANCES AND AMENDING ORDINANCES NOS AND WHEREAS, the Village Council of the Village of Bald Head Island, North Carolina, determined it to be in the best interest of the Village and public administration for the Village Ordinances to be organized by subject matter and compiled in a Code of Ordinances; and WHEREAS, Village Ordinance No (Exhibit A hereto) adopted a Code entitled Code of Ordinances, Village of Bald Head Island, North Carolina, published by Municipal Code Corporation consisting of Chapters 1 through 32; and WHEREAS, Municipal Code Corporation subsequently prepared Supplements 1 and 2 to the Code and the Village wishes to adopt same; and WHEREAS, Village Ordinance No and Ordinance No (Exhibit B hereto) provided for the repeal on September 15, 2010, of certain uncodified Preexisting Ordinances adopted on or before September 15, 2006; and WHEREAS, work is ongoing on the codification of the Village Ordinances and it is in the best interest of the Village and public administration for uncodified ordinances not to be repealed; and WHEREAS, in several instances, Ordinance No incorrectly referred to Ordinance No as Ordinance No and the Village Council wishes to correct same; and WHEREAS, American Legal Corporation of Cincinnati, Ohio, has completed the Third Supplement to the Code of Ordinances and the Village Council wishes to adopt the same. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE OF BALD HEAD ISLAND, NORTH CAROLINA: Section 1. Ordinance No is hereby amended so that all references to shall refer to

7 Section 2. Supplements 1 and 2 to the Village Code of Ordinances as submitted by Municipal Code Corporation are hereby adopted by reference as if set out in their entirety. Section 3. Such Supplements shall be deemed published as of the date hereof and the Village Clerk is hereby authorized and ordered to insert such Supplements into the copy of the Ordinances kept on file at Village Hall. Section 4. Supplement 3 to the Village Code of Ordinances as submitted by American Legal Corporation of Cincinnati, Ohio, is hereby adopted by reference as if set out in its entirety. Section 5. Such Supplement shall be deemed published as of the date hereof and the Village Clerk is hereby authorized and ordered to insert such Supplements into the copy of the Ordinances kept on file at Village Hall. Section 6. The repeal of certain Pre-existing Ordinances set forth in Ordinances Nos and to occur September 15, 2010, is rescinded and no Preexisting Ordinances or other Ordinances shall be repealed pursuant to Ordinances Nos and Section 7. Ordinances Nos and are amended as aforesaid and any inconsistent provision thereof is rescinded and shall be of no effect. Passed and adopted by the Village Council of the Village of Bald Head Island upon first introduction by a supermajority of not less than four Council members on this the 10th day of September, BY: /S/ J. Andrew Sayre, Mayor ATTEST: /S/ Debra C. Talbert, Village Clerk [Village Seal] PART I CHARTER* * Editors Note: herein is the Charter of the Village of Bald Head Island, N.C., being chapter 324 of the Session Laws of 1997, as adopted by the General Assembly on July 24, 1997, and effective on the same

8 date. Amendments to the original Charter are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original Charter. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state statutes has been used. Additions made for clarity are indicated by brackets. State Law References: laws supplementary to charters, G.S. 160A-3. Sec Incorporation. Sec Powers. Article I. Incorporation, Corporate Powers, and Boundaries Sec Corporate Boundaries. Article II. Governing Body Sec Village Governing Body; Composition. Sec Village Council; Composition; Terms of Office. Sec Mayor; Term of Office; Duties. Sec Mayor Pro Tempore. Sec Meetings. Sec Quorum; Voting Requirements. Sec Qualifications for Office; Compensation; Vacancies. Sec Regular Municipal Elections. Sec Election of Councilmembers. Sec Special Elections and Referenda. Sec Form of Government. Article III. Elections Article IV. Organization and Administration Sec Village Manager; Appointment; Powers and Duties. Sec Manager's Personnel Authority; Role of Elected Officials. Sec Village Attorney. Sec Village Clerk.

9 Sec Tax Collector. Sec Finance Director. Sec Other Administrative Officers and Employees. Article V. Finance and Taxation Sec Room Occupancy and Tourism Development Tax. Article VI. Contract Post Office Sec Contract Post Office. Article VII. "No Wake" Speed Zone Sec "No Wake" Speed Zone. Article VIII. Miscellaneous Sec Motorboat Operation. Sec Sand Dunes. Sec Beach Regulation. Article IX. Phased Development Plan Sec Phased Development Plan. Sec Vested Rights. Sec Alteration of Vested Rights. Sec Land Use Regulation. Article X. Motor Vehicle Regulation Sec Motor Vehicle Regulation. Sec Street Regulation. Article XI. Sea Turtle Sanctuary Sec Sea Turtle Sanctuary. ARTICLE I. INCORPORATION, CORPORATE POWERS, AND BOUNDARIES Section 1.1. Incorporation.

10 The Village of Bald Head Island, North Carolina, in Brunswick County, and the inhabitants thereof shall continue to be a municipal body politic and corporate, under the name of the "Village of Bald Head Island," hereinafter at times referred to as the "Village." Section 1.2. Powers. The Village shall have and may exercise all of the powers, duties, rights, privileges, and immunities conferred upon the Village of Bald Head Island specifically by this Charter or upon municipal corporations by general law. The term "general law" is employed herein as defined in G.S. 160A-1. Section 1.3. Corporate Boundaries. The corporate boundaries shall be those existing at the time of ratification of this Charter, as set forth on the official map of the Village and as they may be altered from time to time in accordance with law. An official map of the Village, showing the current municipal boundaries, shall be maintained permanently in the office of the Village Clerk and shall be available for public inspection. Upon alteration of the corporate limits pursuant to law, the appropriate changes to the official map shall be made and copies shall be filed in the offices of the Secretary of State, the Brunswick County Register of Deeds, and the appropriate board of elections. ARTICLE II. GOVERNING BODY Section 2.1. Village Governing Body; Composition. The Mayor and the Village Council shall be the governing body of the Village. Section 2.2. Village Council; Composition; Terms of Office. The Council shall be composed of four members to be elected by all the qualified voters of the Village for terms of four years, or until their successors are elected and qualified. (Ord. No , ) Section 2.3. Mayor; Term of Office; Duties. The Mayor shall be elected by all the qualified voters of the Village for a term of four years. The Mayor shall be the official head of the Village government and preside at meetings of the Council, shall have the right to vote on all matters before the Council, but shall not have the power to vote again in instances where there is an equal division on a question, and shall exercise the powers and duties conferred by law or as directed by the Council.

11 (Ord. No , ) Section 2.4. Mayor Pro Tempore. The Council shall elect one of its members as Mayor Pro Tempore to perform the duties of the Mayor during the Mayor's absence or disability, in accordance with general law. Section 2.5. Meetings. In accordance with general law, the Council shall establish a suitable time and place for its regular meetings. Special and emergency meetings may be held as provided by general law. Section 2.6. Quorum; Voting Requirements. Official actions of the Council and all votes shall be taken in accordance with applicable provisions of general law, particularly G.S. 160A-75. The quorum provisions of G.S. 160A-74 shall apply. Section 2.7. Qualifications for Office; Compensation; Vacancies. The qualifications of the Mayor and Council members shall be in accordance with general law. The Mayor and Council members shall receive no compensation for their services but may be reimbursed for ordinary and necessary expenses. Vacancies shall be filled as provided in G.S. 160A-63. Section 3.1. Regular Municipal Elections. ARTICLE III. ELECTIONS Regular municipal elections shall be held in each odd-numbered year in accordance with the uniform municipal election laws of North Carolina. Elections shall be conducted on a nonpartisan basis and the results determined using the nonpartisan plurality method as provided in G.S Section 3.2. Election of Councilmembers. The Councilmembers serving on the date of ratification of this Charter shall serve until the expiration of their terms or until their successors are elected and qualified. Except for the filling of vacancies as provided for in G.S. 160A-63, two Councilmembers shall be elected at the regular municipal election in 1997 and every four years thereafter, and three Councilmembers shall be elected at the regular municipal election in 1999 and every four years thereafter.

12 Section 3.3. Special Elections and Referenda. Special elections and referenda may be held only as provided by general law or applicable local acts of the General Assembly. ARTICLE IV. ORGANIZATION AND ADMINISTRATION Section 4.1. Form of Government. The Village shall operate under the council-manager form of government, in accordance with G.S. 160A, Article 7, Part 2. Section 4.2. Village Manager; Appointment; Powers and Duties. The Council shall appoint a Village Manager who shall be responsible for the administration of all departments of the Village government. The Village Manager shall have all the powers and duties conferred by general law, except as expressly limited by the provisions of this Charter, and the additional powers and duties conferred by the Council, so far as authorized by general law. Section 4.3. Manager's Personnel Authority; Role of Elected Officials. As chief administrator, the Village Manager shall have the power to appoint, suspend, and remove all officers, department heads, and employees in the administrative service of the Village, with the exception of the Village Attorney and any other official whose appointment or removal is specifically vested in the Council by this Charter or by general law. Neither the Council nor any of its members shall take part in the appointment or removal of officers and employees in the administrative service of the Village, except as provided by this Charter. Except for the purpose of inquiry, or for consultation with the Village Attorney, the Council and its members shall deal with the administrative service solely through the Village Manager, Acting Manager, or Interim Manager, and neither the Council nor any of its members shall give any specific orders to any subordinates of the Village Manager, Acting Manager, or Interim Manager, either publicly or privately. (S.L , 1, ) Section 4.4. Village Attorney. The Village Council shall appoint a Village Attorney licensed to practice law in North Carolina. It shall be the duty of the Village Attorney to represent the Village, advise Village officials, and perform other duties required by law or as the Council may direct. Section 4.5. Village Clerk.

13 The Village Manager shall appoint a Village Clerk to keep a journal of the proceedings of the Council, to maintain official records and documents, to give notice of meetings, and to perform such other duties required by law or as the Manager may direct. The Village Manager shall supervise and may remove the Village Clerk , 2, ) Section 4.6. Tax Collector. The Village shall have a Tax Collector to collect all taxes owed to the Village, subject to general law, this Charter, and Village ordinances and to perform those duties specified in G.S and such other duties as prescribed by law or assigned by the Village Manager. Notwithstanding the provisions of G.S , the Village Manager is authorized to appoint and remove the Tax Collector and any deputy tax collectors. Section 4.7. Finance Director. The Village Manager shall appoint a Finance Officer to perform the duties designated in G.S and such other duties as may be prescribed by law or as the Council may direct, or the Village Council may, at its election, confer the duties of Finance Officer on the Village Manager as budget Officer. The Finance Officer may be entitled "Accountant", "Treasurer," "Finance Director," "Finance Officer," or any other reasonably descriptive title. Section 4.8. Other Administrative Officers and Employees. The Council may authorize other positions to be filled by appointment by the Village Manager and may organize the Village government as deemed appropriate, subject to the requirements of general law. ARTICLE V. FINANCE AND TAXATION Section 5.1. Room Occupancy and Tourism Development Tax. The authority of the Village to levy a room occupancy and tourism tax shall continue as authorized by Chapter 664 of the 1991 Session Laws, and any subsequent acts. ARTICLE VI. CONTRACT POST OFFICE Section 6.1. Contract Post Office.

14 The authority of the Village to operate a contract post office shall continue as authorized by Chapter 16 of the 1991 Session Laws, as amended by Chapter 350 of the 1991 Session Laws, and any subsequent acts. Section 7.1. "No Wake" Speed Zone. ARTICLE VII. "NO WAKE" SPEED ZONE The "no wake" speed zone established by Chapter 688 of the 1987 Session Laws, and any subsequent acts, shall continue as authorized. Section 8.1. Motorboat Operation. ARTICLE VIII. MISCELLANEOUS The Village may regulate the speed and operation of motorboats within the Village jurisdiction to preserve the tranquillity and environment of the Village. Section 8.2. Sand Dunes. The Village may construct, reconstruct, plant, and maintain sand dunes and regulate access to and across dunes to prevent or repair damage to dunes so as to provide protection against erosion or overwash. Section 8.3. Beach Regulation. The Village may, by ordinance, establish standards of dress, conduct, and decorum on the beaches of Bald Head Island and may otherwise regulate the use of those beaches within the Villagejurisdiction. ARTICLE IX. PHASED DEVELOPMENT PLAN Section 9.1. Phased Development Plan. In accordance with an act to incorporate the Village of Bald Head Island, Chapter 156 of the 1985 Session Laws, the Village Council was required to adopt by ordinance plans of development consistent with the historical land use patterns and densities in existence on Bald Head Island at the time of ratification of the act. The Village Council, after public hearing and upon recommendation of its Planning Board, adopted a zoning ordinance for the undeveloped portions of Bald Head Island consistent with those historical land

15 use patterns and densities. Such zoning ordinance is based upon a "Phased Development Plan" (as that term is defined in G.S. 160A-385.1(b)(3)), which plan was prepared by Bald Head Island Limited. Section 9.2. Vested Rights. The owners of the undeveloped portions of Bald Head Island are declared hereby to have acquired vested rights in accordance with G.S. 160A as to the "Phased Development Plan" entitled "Revised June 29, 1995 STAGE 2 MASTER PLAN BALD HEAD ISLAND, NORTH CAROLINA, BALD HEAD ISLAND PLANNING DEPARTMENT" and approved by the State Division of Coastal Management on August 7, Notwithstanding the provisions of G.S. 160A-385.1(d), these vested rights shall be valid through December 31, 1999, and no longer. Nothing in this section shall be construed to prohibit the further granting of vested rights by the Village pursuant to theprovisions of G.S. 160A Section 9.3. Alteration of Vested Rights. As specifically authorized by G.S. 160A-385.1(e)(l)a., the vested rights herein granted may only be changed, prior to December 31, 1999, as allowed by the exceptions set forth in G.S. 160A-385.1(e). In addition, subject to the approval of the Village and within the limits established by the Village zoning and other land use ordinances, vested densities may be transferred within the area depicted on the Stage 2 Master Plan referred to in Section 9.2 of this Charter so long as the density of development within the total area is not increased. Section 9.4. Land Use Regulation. Except as herein expressly provided, nothing in this Charter shall be construed to prohibit the Village from amending its currentland use regulatory ordinances, in whole or in part, or otherwise regulating the use of land within the planning and zoning jurisdiction of the Village. Section Motor Vehicle Regulation. ARTICLE X. MOTOR VEHICLE REGULATION The Village may by ordinance exempt from the provisions of Articles 3, 3A, 11, and 13 of Chapter 20 of the General Statutes, in whole or in part, the registration, licensing, regulation, inspection, or equipping of motor vehicles and may regulate the use, operation, possession, and ownership of motor vehicles within the jurisdiction of the Village of Bald Head Island. Additionally, notwithstanding the provisions of Chapter 20 of the General Statutes or any other statute, and in addition to those powers now or hereafter conferred by law, the Village shall have the authority to regulate motor

16 vehicles and other means of transportation within the jurisdiction of the Village, including the following: (1) Regulation of the use and operation of all vehicles, as defined in G.S (49). (2) Regulation of all electrically powered vehicles or vehicles powered by fossil fuel or internal combustion engines. (3) Regulation of the size, weight, lighting, safety standards, and engine or motor size or power characteristics of all vehicles or other means of transportation within the jurisdiction of the Village. Section Street Regulation. In order to establish and preserve the unique character and aesthetics of Bald Head Island, the Village may adopt, by ordinance, such standards for the establishment and maintenance of streets and roads within the jurisdiction of the Village as it deems appropriate. The streets and roads within the jurisdiction of the Village shall not be under the authority of the Department of Transportation. The provisions of Articles 2 and 2A of Chapter 136 of the General Statutes shall not apply within the jurisdiction of the Village. The Village shall be exempt from the provisions of G.S Section Sea Turtle Sanctuary. ARTICLE XI. SEA TURTLE SANCTUARY The Village of Bald Head Island may create and establish a sea turtle sanctuary within the areas of the Village limits above the mean low water mark, to include the foreshore. Any ordinances adopted by the Village to regulate activities within the sea turtle sanctuary that may or will disturb or destroy a sea turtle, a sea turtle nest, or sea turtle eggs, must be consistent with the ordinance powers found in G.S. 160A-174, G.S. 160A-308, and any other law. The ordinances adopted by the Village may by cross reference incorporate the criminal statutes regarding the taking of sea turtles in G.S and G.S It shall be unlawful for any person within the sea turtle sanctuary to disturb or destroy a sea turtle, a sea turtle nest, or sea turtle eggs in violation of an ordinance adopted by the Village of Bald Head Island. CHARTER COMPARATIVE TABLE This table shows the location of the sections of the basic Charter and any amendments thereto. Ordinance Number Date Section Section this Charter

17 (S.L.) , 2.3 Chapter 1 GENERAL PROVISIONS Sec How Code designated and cited. Sec Definitions and rules of construction. Sec Provisions considered continuations of existing ordinances. Sec Catchlines, history notes and references. Sec Severability of parts of Code. Sec General penalty; enforcement of ordinances; continuing violations. Sec Amendments to Code; effect of new ordinances; amendatory language. Sec Supplementation of Code. Sec Ordinances not affected by Code. Sec How Code designated and cited. The ordinances embraced in this and the following chapters and sections shall constitute and be designated "Code of Ordinances, Village of Bald Head Island, North Carolina," and may be so cited. Such Code may also be cited as the "Bald Head Island Village Code." State Law References: to adopt code of ordinances, G.S. 160A-77; admission of Code in evidence, G.S. 160A-79. Sec Definitions and rules of construction. In the construction of this Code and of all ordinances, the following definitions and rules of construction shall be observed, unless inconsistent with the manifest intent of the village council or the context clearly requires otherwise:

18 Charter. The term "Charter" shall mean the Charter of the Village of Bald Head Island, North Carolina as printed in Part I of this volume. Code. The term "Code" shall mean the Code of Ordinances, Village of Bald Head Island, North Carolina as designated in section 1-1. Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day; and if the last day is Saturday, Sunday or a legal holiday, it shall be excluded. State Law References: of time, G.S Council, village council. The terms "council" and "village council" shall mean and refer to the mayor and council of the Village of Bald Head Island, North Carolina. County. The term "county" shall mean the County of Brunswick in the State of North Carolina, except as otherwise provided. Gender. Terms importing the masculine gender shall include the feminine and neuter. Joint authority. All terms giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers. Month. The term "month" shall mean a calendar month. Number. Terms used in the singular include the plural, and the plural includes the singular number. Oath. The term "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the terms "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed." Official time standard. Whenever certain hours are named in this Code, they shall mean standard time or daylight saving time, as may be in current use in this village. Owner. The term "owner," applied to any property, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or a part of such property. Person. The term "person" shall include a corporation, firm, partnership, association, organization and any other group acting as a unit, as well as an individual. Personal property. The term "personal property" shall include every species of property, except real property as defined in this section.

19 Preceding, following. The terms "preceding" and "following" shall mean next before and next after, respectively. Property. The term "property" shall include real and personal property. Real property. The term "real property" shall include lands, tenements and hereditaments. Shall; may. The term "shall" is mandatory, and the term "may" is permissive. Sidewalk. The term "sidewalk" shall mean any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians. Signature and subscription. The terms "signature" and "subscription" include a mark when the person cannot write. State. The term "state" shall be construed to mean the State of North Carolina, except as otherwise provided. Statute references. The terms "General Statutes" and "G.S." shall refer to the latest edition of the General Statutes of North Carolina, as amended. Street. The term "street" shall mean and include any public way, road, highway, street, avenue, boulevard, parkway, alley, lane, viaduct, bridge and the approaches thereto within the village and shall mean the entire width of the right-of-way between abutting property lines. Tenant and occupant. The terms "tenant" and "occupant" applied to a building or land shall include any person who occupies the whole or a part of such building or land, whether alone or with others. Tense. Terms used in the past or present tense include the future as well as the past and present. Village. The terms "village" and "the village" mean the Village of Bald Head Island, in the County of Brunswick and in the State of North Carolina, except as otherwise provided. Writing and written. The terms "writing" and "written" shall include printing and any other mode of representing words and letters. Year. The term "year" shall mean a calendar year. State Law References: definitions and rules of construction, G.S Sec Provisions considered continuations of existing ordinances.

20 The provisions appearing in this Code, so far as they are the same as those of ordinances adopted prior to the adoption of this Code and included in this Code, shall be considered as continuations thereof and not as new enactments. Sec Catchlines, history notes and references. (a) The catchlines of the several sections of this Code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections nor as any part thereof, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. (b) The history notes following sections of the Code and the references scattered throughout the Code are for the benefit of the user only and are not a part of this code. Sec Severability of parts of Code. It is hereby declared to be the intention of the village council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, since they would have been enacted by the village council without the incorporation in this Code of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. Sec General penalty; enforcement of ordinances; continuing violations. (a) Unless otherwise specifically provided, violation of any provision of this Code or any other village ordinance shall be a misdemeanor, as provided by G.S (b) Any provision of this Code or any other village ordinance may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. In such case, the general court of justice shall have jurisdiction to issue such orders as may be appropriate, and it shall not be a defense to the application of the village for equitable relief that there is an adequate remedy at law. (c) Any provision of this Code or any other village ordinance that makes unlawful a condition existing upon or use made of real property may be enforced by injunction and order of abatement, and the general court of justice shall have jurisdiction to issue such orders. When a violation of such a provision occurs, the village may apply to the appropriate division of the general court of justice for a mandatory or prohibitory injunction and order of abatement commanding the defendant to correct the unlawful condition upon or cease the unlawful use of the property. The action shall be governed in all respects by the laws and rules governing civil proceedings, including the Rules of

21 Civil Procedure in general and Rule 65 in particular. In addition to an injunction, the court may enter an order of abatement as a part of the judgment in the cause. An order of abatement may direct that buildings or other structures on the property be closed, demolished or removed; that fixtures, furniture or other movable property be removed from buildings on the property; that grass and weeds be cut; that improvements or repairs be made; or that any other action be taken that is necessary to bring the property into compliance with this Code or such ordinance. If the defendant fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, he may be cited for contempt, and the village may execute the order of abatement. The village shall have a lien on the property for the cost of executing an order of abatement in the nature of a mechanic's and materialman's lien. The defendant may secure cancellation of an order of abatement by paying all costs of the proceedings and posting a bond for compliance with the order. The bond shall be given with sureties approved by the clerk of superior court in an amount approved by the judge before whom the matter is heard and shall be conditioned on the defendant's full compliance with the terms of the order of abatement within a time fixed by the judge. Cancellation of an order of abatement shall not suspend or cancel an injunction issued in conjunction therewith. (d) The provisions of this Code and any other village ordinance may be enforced by any one, all or a combination of the remedies authorized and prescribed by this section. (e) Except as otherwise specifically provided, each day's continuing violation of any provision of this Code or any other village ordinance shall be a separate and distinct offense. State Law References: to impose fines and penalties for violation of municipal ordinances, G.S. 160A- 175; violation of municipal ordinances a misdemeanor, G.S Sec Amendments to Code; effect of new ordinances; amendatory language. (a) All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion in this Code. When subsequent ordinances repeal any chapter, section or subsection or any portion of this Code, such repealed portions may be excluded from this Code by omission from reprinted pages. The subsequent ordinances as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new Code by the village council. (b) Amendments to any of the provisions of this Code shall be made by amending such provisions by specific reference to the section number of this Code in the following language: "That section of the Code of Ordinances, Village of Bald Head Island, North Carolina, is hereby amended to read as follows:...." The new provisions shall then be set out in full as desired.

22 (c) If a new section not heretofore existing in the Code is to be added, the following language shall be used: "That the Code of Ordinances, Village of Bald Head Island, North Carolina, is hereby amended by adding a section, to be numbered, which such section reads as follows:...." The new section shall then be set out in full as desired. (d) All sections, articles, chapters or provisions desired to be repealed must be specifically repealed by section, article or chapter number, as the case may be. Sec Supplementation of Code. (a) By contract or by village personnel, supplements to this Code shall be prepared on an annual basis. A supplement to the Code shall include all substantive, permanent and general parts of ordinances passed by the village council during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages that have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement. (b) In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages. (c) When preparing a supplement to this Code, the codifier (meaning the person authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may: (1) Organize the ordinance material into appropriate subdivisions. (2) Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles. (3) Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers. (4) Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections to " (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code). (5) Make other nonsubstantive changes necessary to preserve the original meanings of ordinance sections inserted into the Code; but in no case shall the codifier make any

23 change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code. Sec Ordinances not affected by Code. Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following: (1) Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this Code; (2) Any ordinance or resolution promising or guaranteeing the payment of money for the village or authorizing the issuance of any bonds of the village or any evidence of the village's indebtedness; (3) Any contract or obligation assumed by the village; (4) Any ordinance fixing the salary of any village officer or employee; (5) Any right or franchise granted by the village; (6) Any ordinance dedicating, naming, establishing, locating, relocating, opening, widening, paving, etc., any street or public way in the village; (7) Any appropriation ordinance; (8) Any ordinance which, by its own terms, is effective for a stated or limited term; (9) Any ordinance providing for local improvements and assessing taxes for such improvements; (10) Any zoning map amendment; (11) Any ordinance dedicating or accepting any subdivision plat; (12) Any ordinance describing or altering the boundaries of the village; (13) The administrative ordinances or resolutions of the village not in conflict or inconsistent with the provisions of this Code; (14) Any ordinance levying or imposing taxes not included in this Code; (15) Any ordinance establishing or prescribing street grades in the village; nor shall any such ordinance be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this chapter; and all

24 such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code. State Law References: not repealed by General Statutes, G.S Chapter 2 ADMINISTRATION* * Cross References: contract or obligation assumed by the village saved from repeal, 1-9(3); the administrative ordinances or resolutions of the village not in conflict or inconsistent with the provisions of this Code saved from repeal, 1-9(13); civil emergencies, ch. 8; administration of flood damage prevention regulations, et seq.; utilities, ch. 30; administration of zoning regulations, et seq.; personnel, app. A; grant criteria procedures for local implementation and enforcement programs under the coastal area management act, app. B. State Law References: and towns, G.S. ch. 160A. Secs Reserved. Secs Reserved. Sec Criminal background check. Secs Reserved. Secs Reserved. Sec Created. Sec Membership. Sec Officers and meetings. Sec Duties. Sec Financing. Secs Reserved. Article I. In General Article II. Mayor and Council Article III. Officers and Employees Article IV. Boards, Commissions and Committees Division 1. Generally Division 2. Planning Board

25 Article V. Finance Division 1. Generally Sec Surplus personal property. Secs Reserved. Division 2. Purchasing Sec Grant of authority. Sec Report. Sec Extent of authority. Sec No limitation of other authority. Sec Appropriation required. Sec Application of general statutes. Secs Reserved. Division 3. Construction and Repair Contracts Sec Grant of authority. Sec Report. Sec Extent of authority. Sec No limitation of other authority. Sec Appropriation required. Sec Application of general statutes. Secs Reserved. * Charter References: body, art. II. ARTICLE I. IN GENERAL ARTICLE II. MAYOR AND COUNCIL* State Law References: and council, G.S. 160A-66 et seq.

26 Secs Reserved. ARTICLE III. OFFICERS AND EMPLOYEES* * Charter References: officers and employees, 4.2 et seq. Cross References: ordinance fixing the salary of any village officer or employee saved from repeal, 1-9(4); zoning enforcement officer, 32-41; local permit officer, app. B, 15A NCAC Sec Criminal background check. (a) In order to protect the citizens of the village, and their properties, the procedures herein are established to provide for fingerprinting and criminal history checks on all final applicants for regular full and part time positions in the village government. Employment with the town may be denied for those persons convicted of any crime against a person, or crimes against property where intent is an element, or any drug or gambling related offense. (b) The village manager, or designee, shall conduct an investigation of any final candidate for a permanent full-time or part-time position with the village government and it shall be a precondition of employment that an applicant for such a position shall upon request, provide fingerprints and all other necessary personal identification including a birth certificate, social security number and drives license, if available, so that the village manager or designee, may cause a thorough search to be made of local sand state criminal records to determine if the applicant has a history of criminal convictions or the crimes enumerated above by the use of the division of criminal information network (DCI). (c) The village police department shall provide the findings from the use of the DCI to the village manager or designee, provided that all necessary agreements with the State Bureau of Investigations Divisions of Criminal Information have been executed. (d) An evaluation of any crime for purpose of employment will take into account the nature and the circumstances of the offense and the time frame of the offense as it relates to the essential job functions for the position applied. (e) If this section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provision or applications of the ordinance which can be given separate effect and to that end the provisions of this section are declared to be severable. (f) Prior to denial or termination of employment based upon criminal history record inquiry (CHRI) received from the criminal justice agency, the village police department shall verify the existence of a record by either obtaining a certified public record or by

27 submitting a fingerprint card of the individual to the CIIS section for verification that the CHRI record belongs to the individual. (g) Any ordinance or any part of an ordinance in conflict with this section, to the extent of such conflict, is hereby repealed. (h) This section is adopted in the interest of the public health, safety and general welfare of the inhabitants of the village pursuant to G.S. 160A et seq., and shall be in full force and effect from and after its adoption. (Ord. No , ) Editors Note: No , adopted Dec. 15, 2006, did not specifically amend the Code. Hence, inclusion as 2-61 was at the discretion of the editor. Secs Reserved. ARTICLE IV. BOARDS, COMMISSIONS AND COMMITTEES* * Cross References: board of adjustment, et seq. State Law References: to create, change or abolish boards, commissions and agencies, G.S. 160A DIVISION 1. GENERALLY Secs Reserved. DIVISION 2. PLANNING BOARD* * State Law References: to create a planning board, G.S. 160A-361. Sec Created. There is hereby created the village planning board for purposes of performing those duties set forth in this division and any duties hereafter assigned to it by the council. (Ord. No. 22, 1, ) Sec Membership.