WHITE LAKE, NORTH CAROLINA CODE OF ORDINANCES

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1 WHITE LAKE, NORTH CAROLINA CODE OF ORDINANCES 2013 S-2 Supplement contains: Local legislation current through Ord , passed State legislation current through 2013 AMERICAN LEGAL PUBLISHING CORPORATION 432 Walnut Street Cincinnati, Ohio (800)

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3 TOWN OFFICIALS OF WHITE LAKE, NORTH CAROLINA BOARD OF COMMISSIONERS MAYOR MAYOR PRO-TEM COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER H. Goldston Womble, Jr. Thomas E. Riel Timothy G. Blount E. Donald Smith, Jr. Michael J. Suggs Tracey S. Trivette Barbara L. Williams TOWN OFFICIALS TOWN CLERK PUBLIC WORKS DIRECTOR CHIEF OF POLICE FIRE CHIEF TOWN ATTORNEY Brenda Clark Timothy F. Frush Edwin Bruce Smith Dale E. Brennan H. Clifton Hester 2013 S-2

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5 AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE TOWN OF WHITE LAKE, 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 insufficient in 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 or 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 and this ordinance take effect an early date. NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE AUTHORITY OF THE POLITICAL SUBDIVISION OF THE TOWN OF WHITE LAKE: 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 White Lake North Carolina. Section 2. Such Code of Ordinance as adopted in Section 1 shall consist of the following Titles: WHITE LAKE, NORTH CAROLINA TABLE OF CONTENTS CHARTER AND RELATED LAWS Chapter TITLE I: GENERAL PROVISIONS 10. General Provisions TITLE III: ADMINISTRATION 30. Town Officials 31. Town Policies 32. Police 33. Fire Department 34. Taxation TITLE V: PUBLIC WORKS 50. Solid Waste 51. General Water and Sewer Provisions 52. Wastewater Discharge and Pollution Abatement TITLE VII: TRAFFIC CODE 70. Licensing, Traffic, and Parking Regulations 71. Traffic Schedules 72. Parking Schedules 2008 S-1 1

6 2 White Lake - Adopting Ordinance TITLE IX: GENERAL REGULATIONS 90. Animals and Fowl 91. Fire Prevention and Protection 92. Abandoned, Nuisance, and Junked Vehicles 93. Parks and Recreation 94. Streets and Sidewalks 95. Parades and Demonstrations 96. Nuisances; Health and Sanitation TITLE XI: BUSINESS REGULATIONS 110. General Operating and Licensing Procedures 111. Alcoholic Beverages 112. Amusements TITLE XIII: GENERAL OFFENSES 130. General Offenses TITLE XV: LAND USAGE 150. General Provisions 151. Buildings and Building Regulations 152. Flood Damage Prevention 153. Zoning Code TABLE OF SPECIAL ORDINANCES Table I. Annexations II. Boundary and Zoning Map Changes PARALLEL REFERENCES References to North Carolina Code References to 1983 Code References to Resolutions References to Ordinances INDEX Section 1. 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 re-ordained 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 public improvements, 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 S-1

7 Adopting Ordinances 3 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 the earliest date provided by law. PASSED AND ADOPTED by the Legislative Authority of the Political Subdivision on this thirteenth day of July, ATTEST: /s/ H. Goldston Womble, Jr., Mayor /s/ Brenda Clark, Town Clerk 2008 S-1

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9 WHITE LAKE, NORTH CAROLINA TABLE OF CONTENTS CHARTER AND RELATED LAWS Chapter TITLE I: GENERAL PROVISIONS 10. General Provisions TITLE III: ADMINISTRATION 30. Town Officials 31. Town Policies 32. Police 33. Fire Department 34. Taxation TITLE V: PUBLIC WORKS 50. Solid Waste 51. General Water and Sewer Provisions 52. Wastewater Discharge and Pollution Abatement TITLE VII: TRAFFIC CODE 70. Licensing, Traffic, and Parking Regulations 71. Traffic Schedules 72. Parking Schedules TITLE IX: GENERAL REGULATIONS 90. Reserved 91. Fire Prevention and Protection 92. Abandoned, Nuisance, and Junked Vehicles 93. Parks and Recreation 94. Streets and Sidewalks 95. Parades and Demonstrations 96. Nuisances; Health and Sanitation S-2

10 2 White Lake - Table of Contents TITLE XI: BUSINESS REGULATIONS 110. General Operating and Licensing Procedures 111. Alcoholic Beverages 112. Amusements TITLE XIII: GENERAL OFFENSES 130. General Offenses TITLE XV: LAND USAGE 150. General Provisions 151. Buildings and Building Regulations 152. Flood Damage Prevention 153. Zoning Code TABLE OF SPECIAL ORDINANCES Table I. Annexations II. Boundary and Zoning Map Changes PARALLEL REFERENCES References to North Carolina Code References to 1983 Code References to Resolutions References to Ordinances INDEX

11 CHARTER AND RELATED LAWS 1

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13 CHARTER AND RELATED LAWS Section 1 Town incorporated; powers. 2 Corporate limits. 3 Governing body; voting by mayor. 4 Ordinances with respect to lake. 5 Taxation. 6 Election of mayor and commissioners- When held. 7 Same-Law applied. 8 Town as bird sanctuary. 9 Discharge of firearms. 10 Bingo; permit required. 11 Digging ditches below a certain level in certain areas. Statutory reference: General laws supplementary to charters, see G.S. 160A-3 3

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15 Charter and Related Laws 5 Sec. 1. Town incorporated; powers. There is hereby incorporated the Town of White Lake, in Bladen County, the corporate limits of which are set forth in section 2, and which shall hereafter possess all the corporate powers and be subject to all the provisions contained in Chapter 160 of the General Statutes of North Carolina not inconsistent with the provisions of this act. (Session Laws 1951, Ch. 511, 1) Editor's note: G.S. Ch. 160 has been superseded by G.S. Ch. 160A. Sec. 2. Corporate limits. The corporate limits of the Town of White Lake in Bladen County shall be as follows: Beginning at a concrete monument at the water's edge of White Lake at the western shore, said corner being the southeasternmost corner of Tildon Walker Estates and the northernmost corner of a 30-foot strip of land owned by the North Carolina Wildlife Commission and used as an access area to their [sic] pier and runs thence with the southern line of Tildon Walker Estates and the northern line of the North Carolina Wildlife Commission 30-foot tract south 55 degrees 02 minutes west feet to a point in the southwestern 30-foot right-ofway of North Carolina Highway No. 53 that leads from U.S. 701 highway to Kelly; thence with the southwest 30-foot right-of-way of North Carolina Highway No. 53 the following courses and distances: South 36 degrees 01 minutes 20 seconds east 2, feet, south 55 degrees 30 minutes 20 seconds east 2, feet, and south 51 degrees 52 minutes 20 seconds east 1, feet to a point in said right-of-way; thence crossing said highway No. 53 to and with the southern boundary of Timberlodge Village North 68 degrees 25 minutes 40 seconds east feet to a point in the centerline of State Road No (also known as "Lake Road"); thence south 82 degrees 56 minutes 40 seconds east feet to a point; thence north 01 degree 36 minutes 16 seconds east (approximately parallel to State Road 1515) 1,479.4 feet to a point opposite Clearwater Beach (formerly Melvin's Beach); thence north 68 degrees 17 minutes 12 seconds east feet to a point that lies 400 feet southeast of the centerline of State Road 1515; thence parallel to and 400 feet south and east of the centerline of State Road 1515 the following courses and distances: North 70 degrees 03 minutes east 1, feet, north 40 degrees 01 minutes [sic] 40 seconds east (crossing Williams Street) 1, feet, north 19 degrees 30 minutes 20 seconds east 1, feet, north 6 degrees 46 minutes west (crossing Carolina Ave. Ext.) 2, feet, north 36 degrees 42 minutes 40 seconds west (crossing Poole Ave. and Pineview Drive) 2, feet to a point 400 feet northeast of the centerline of State Road No opposite an extension of Godwin Road; thence approximately parallel to State Road No. 1515, north 40 degrees 21 minutes 36 seconds west 1, feet to a point located 18 feet northeast of the centerline of State Road No and in the line of Mar-Kei Beach's northwest boundary line as extended across said road; thence north 20 degrees 43 minutes 40 seconds east feet to a point in the northern 30-foot right-of-way of North Carolina Highway No. 41 that leads from White Lake to Harrells; thence with the northern 30-foot right-of-way of North Carolina Highway No. 41 north 89 degrees 02 minutes 40 seconds west feet to a point in the centerline of U.S. Highway No. 701; thence with the centerline of said U.S. Highway No. 701, south 19 degrees 33 minutes 40 seconds west feet to a point in the centerline and in line with the powerline that runs along and parallel to the northern margin of the east-west runway of Corbett's Airport; thence with the center of said powerline and beyond north 80 degrees 19 minutes 20 seconds west 3, feet to a point located 30 feet north of the centerline of U.S. Highway No. 701; thence parallel to and 30 feet north of the centerline of said highway, north 78 degrees 06 minutes 20 seconds west feet; thence continuing parallel to and 30 feet north of said centerline of U.S. Highway 701, north 83 degrees 51 minutes 20 seconds west feet to a point 30 feet north of said centerline and opposite the center of Fred Keith's Drive, thence with the

16 6 White Lake - Charter and Related Laws center of [Fred] Keith's Drive, south 3 degrees 46 minutes east feet to a point at the water's edge of White Lake at the north shore; thence with the water's edge around the western shore of White Lake with the properties of F.R. Keith and Tildon Walker Estates to the beginning. (Session Laws 1951, Ch. 511, 2; Session Laws 1971, Ch. 602, 1) Statutory reference: Corporate limits, see G.S. 160A-21 et seq. Extension of corporate limits, see G.S. 160A-24 et seq. Sec. 3. Governing body; voting by mayor. (a) Effective on the Monday after the special election provided by section 6 of this act, the governing body of the Town of White Lake shall consist of a mayor and six (6) commissioners, to be elected by the qualified voters of the municipality. Until that date, the governing body of the Town of White Lake shall consist of a mayor and three (3) commissioners. (b) The mayor shall have the right to vote only when there are equal numbers of votes in the affirmative and in the negative. (Session Laws 1951, Ch. 511, 3; Session Laws 1963, Ch. 339, 1; Session Laws 1967, Ch. 200, 1; Session Laws 1982, Ch. 1160, 1) Statutory reference: Composition of governing body, see G.S. 160A-66 Mayor to preside, see G.S. 160A-69 Sec. 4. Ordinances with respect to lake. The governing body of the Town of White Lake is hereby authorized and empowered to adopt ordinances with respect to the body of water in Bladen County known as White Lake[,] which ordinances shall have the same force and effect as if said lake were within the corporate limits of said town and said [town's] police shall have the same powers as peace officers on said lake as within the corporate limits of said town. Nothing in this section shall be construed to repeal the authority vested in the department of conservation and development by Chapters 113 and 146 of the General Statutes to make reasonable rules and regulations relating to the use by the public of the waters of White Lake in Bladen County, and the enforcement of such rules and regulations with respect to such use. (Session Laws 1951, Ch. 511, 4; Session Laws 1957, Ch. 1168, 1) Statutory reference: Department" defined to mean department of natural resources and community development, see G.S Sec. 5. Taxation. The governing body of said town may levy taxes for the fiscal year, July 1, 1951, to June 30, 1952, at any time after the effective date of this act and do all other things preliminary to making such levy as is by law provided. The list of real and personal property and polls within the corporate limits of the Town of White Lake as listed for taxation in Bladen County, shall be used by said town. Taxpayers may prepay said taxes at any time after the tax rate is fixed in Taxes collected pursuant to said levy may be expended for and during the fiscal year ending June 30, 1951, as well as for the ensuing year. In 1952 and thereafter, said town shall be subject to the general laws of the state relating to the taxing powers of incorporated cities and towns. (Session Laws 1951, Ch. 511, 5) Statutory reference: Municipal taxation, see G.S. 160A-206 Poll tax prohibited, see N.C. Const., Art. V, 1 Taxation, see G.S. Ch. 105

17 Charter and Related Laws 7 Sec. 6. Election of mayor and commissioners- When held. In order to expand the size of the board of commissioners from three (3) to six (6), a special municipal election shall be held on Tuesday, July 27, 1982, provided that if the second primary is scheduled for another date, the special municipal election shall occur on that other date. At that election, the candidate receiving the highest number of votes shall serve until a successor is elected at the 1985 municipal election, the candidate receiving the second highest number of votes shall serve until a successor is elected at the 1985 municipal election, and the candidate receiving the third highest number of votes shall serve until a successor is elected at the 1983 municipal election. In 1983 and quadrennially thereafter, three (3) commissioners shall be elected for four-year terms. In 1985 and quadrennially thereafter, three (3) commissioners shall be elected for four-year terms. In 1983 and biennially thereafter, a mayor shall be elected for a two-year term. In 1995 and quadriennially, thereafter, a mayor shall be elected for a four-year term. (Session Laws 1951, Ch. 511, 6; Session Laws 1963, Ch. 339, 2; Session Laws 1967, Ch. 200, 2; Session Laws 1982, Ch. 1160, 2; Ord. of ) Statutory reference: Officers to hold over until successors qualified, see G.S. 160A-62 Qualifications for elective office, see G.S. 160A , Ch. 339, 3; Session Laws 1967, Ch. 200, 4; Session Laws 1982, Ch. 1160, 4) Statutory reference: Conduct of municipal elections, see G.S et seq. Municipal election procedure, see G.S Sec. 8. Town as bird sanctuary. From and after the ratification of this act, all that territory embraced within the territorial limits of the Town of White Lake in Bladen County shall be a bird sanctuary. (Session Laws 1961, Ch. 424, 1) Statutory reference: Bird sanctuaries, see G.S. 160A-188 Sec. 9. Discharge of firearms. From and after the ratification of this act, it shall be unlawful for any person, except law enforcement officers in the conduct of their duties, to discharge a firearm of any type within the corporate limits of the Town of White Lake. Any person violating the provisions of this act shall be guilty of a misdemeanor, and upon conviction, shall be fined not more than fifty dollars ($50.00) or imprisoned not more than thirty (30) days. (Session Laws 1961, Ch. 424, 2) Statutory reference: Municipal regulation of firearms, see G.S. 160A-189 Sec. 7. Same-Law applied. Except as otherwise provided in this act, all municipal elections in the Town of White Lake shall be held in accordance with the provisions of Subchapter IX of Chapter 163 of the General Statutes. (Session Laws 1951, Ch. 511, 7; Session Laws Sec. 10. Bingo; permit required. Every person, firm or corporation desiring to operate the game of bingo in the Town of White Lake, in Bladen County, shall make application to the governing body of said town for a permit to do so and the application shall contain the following:

18 8 White Lake - Charter and Related Laws (1) Name and residence of the applicant and the length of his residence within the State of North Carolina. (2) The particular place for which the permit is desired, designating the same by a street and number, if practicable; if not, by such other apt description as definitely locates it. (3) The name of the owner of the premises upon which the business permitted is to be carried on. (4) That the applicant intends to carry on the business authorized by the permit for himself or under his immediate supervision and direction. (5) A statement that the applicant is a citizen and resident of North Carolina and not less than twenty-one (21) years of age; that he has never been convicted of a felony or other crime involving moral turpitude; and that he has not, within the last two (2) years prior to the filing of the application, been adjudged guilty of violating the prohibition laws, either state or federal. The application must be verified by the affidavit of the petitioner made before a notary public or other person duly authorized by law to administer oaths. If it appears from the statement of the applicant or otherwise that he has at any time been convicted of a felony or other crime involving moral turpitude, or that he has, within the two (2) years prior to the filing of the application, been adjudged guilty of violating the prohibition laws, either state or federal, or that he has[,] within two (2) years prior to the filing of the application[,] completed a sentence for violation of the prohibition laws, such permit shall not be granted. If it appears that any false statement is knowingly made in any part of the application and permit is received thereon, the permit shall be revoked and the applicant subjected to the penalty provided by law for misdemeanors. Before issuing a permit, the governing body of the municipality shall be satisfied that the statements required by subsections (1), (2), (3), (4) and (5) of this section are true. The governing board shall not issue a permit under this section to any person, or firm, or corporation who has not been a bona fide resident of North Carolina and a citizen of the United States for one year. No resident of the state shall obtain a permit under this section and employ or receive aid from a nonresident for the purpose of defeating this requirement. (Session Laws 1957, Ch. 1387, 1) Sec. 11. Digging ditches below a certain level in certain areas. It shall be unlawful for any person, firm or corporation to dig any ditch under any portions of U.S. Highway No. 701, N.C. Highway No. 53 and S.R which surround that body of water in Bladen County known as White Lake, below sixty-six (66) feet above sea level, except for the Town of White Lake, after first having obtained a written permit from the State Highway Commission or its duly authorized officers, as provided in G.S , in the installation, repair and maintenance of its water and sewer mains and lines or storm or drainage sewer lines. If any person shall violate the provisions of this act he shall be guilty of a misdemeanor and may be fined or imprisoned in the discretion of the court. (Session Laws 1971, Ch. 570, 1, 2; Session Laws 1973, Ch. 252, 1; Session Laws 1987, Ch. 116, 1)

19 TITLE I: GENERAL PROVISIONS Chapter 10. GENERAL PROVISIONS 1

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21 CHAPTER 10: GENERAL PROVISIONS Section Title of code Interpretation Application to future ordinances Captions Definitions Rules of interpretation Severability Reference to other sections Reference to offices Errors and omissions Official time Reasonable time; computing time Ordinances repealed Ordinances unaffected Effective date of ordinances Repeal or modification of ordinances Ordinances which amend or supplement code Section histories; statutory references General penalty 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 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 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 TITLE OF CODE. This codification of ordinances by and for the Town of White Lake shall be designated as the Code of White Lake, North Carolina, and may be so cited 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. 3

22 4 White Lake - General Provisions (B) Definitions. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BOARD OF COMMISSIONERS. The governing body of the Town of White Lake, North Carolina. CHARTER. The Charter of the Town of White Lake, North Carolina. 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. Bladen County, North Carolina. 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. PERSONAL PROPERTY. Every species of property except real property. PRECEDING or FOLLOWING. before or next after, respectively. Next PROPERTY. Includes real and personal property. GOVERNOR. Carolina. The Governor of North REAL PROPERTY. tenements, and hereditaments. Includes lands, JOINT AUTHORITY. All words giving a joint authority to three or more persons or officers shall be construed as giving the authority to a majority of the persons or officers. MAY. The act referred to is permissive. MONTH. A calendar month. OATH. An affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in those 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. 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 the property. SHALL. The act referred to is mandatory. SIDEWALK. Any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians. SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write. STATE. The State of North Carolina. STREET. Any public way, road, highway, street, avenue, boulevard, parkway, dedicated alley, lane, viaduct, bridge, and the approaches thereto within the town, and shall mean the entire width of the right-of-way between abutting property lines. 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.

23 General Provisions 5 TENANT or OCCUPANT. When applied to a building or land, shall include any person who occupies the whole or a part of the building or land, whether alone or with others. TOWN. The Town of White Lake, North Carolina. WRITTEN. Any representation of words, letters, or figures, whether by printing or otherwise. YEAR. A calendar year, unless otherwise expressed RULES OF INTERPRETATION. The construction of all ordinances of this town shall be by the following rules, unless the 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, the requisition shall be satisfied by the performance of the 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 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 REFERENCE TO OTHER SECTIONS. Whenever in one section reference is made to another section hereof, the 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 REFERENCE TO OFFICES. Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of this town 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 ERRORS AND OMISSIONS. (A) 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 the intent; the spelling shall be corrected and the 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.

24 6 White Lake - General Provisions (B) No alteration shall be made or permitted if any question exists regarding the nature or extent of the error OFFICIAL TIME. The official time, as established by applicable state and federal laws, shall be the official time within this town for the transaction of all municipal business REASONABLE TIME; COMPUTING 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 the act or the giving of the 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 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 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 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 REPEAL OR MODIFICATION OF ORDINANCES. (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 ORDINANCES WHICH AMEND OR SUPPLEMENT CODE. (A) (1) 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 hereof and printed for inclusion herein.

25 General Provisions 7 (2) When subsequent ordinances repeal any chapter, section, or division, or any portion thereof, the repealed portions may be excluded from this code by omission from reprinted pages. (3) The subsequent ordinances as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence that the subsequent ordinances numbered or omitted are readopted as a new code by the town. (B) Amendments to any of the provisions of the code shall be made by amending the provisions by specific reference to the section number of this code in language substantially similar to the following: Section of the Code of Ordinances, Town of White Lake, North Carolina, is hereby amended as follows... The new provisions shall then be set out in full as desired. (C) If a new section not heretofore existing in the code is to be added, language substantially similar to the following shall be used: The Code of Ordinances, Town of White Lake, North Carolina, is hereby amended by adding a section, to be numbered, which section shall read as follows:... The new section shall then be set out in full as desired. (D) All sections, subchapters, chapters, or provisions desired to be repealed must be specifically repealed by section, subchapter, or chapter number, as the case may be SECTION HISTORIES; STATUTORY REFERENCES. (A) As histories for the code sections, the specific number and passage date of the original ordinance and the amending ordinances, if any, are listed following the text of the code section. Example: (Ord. passed ; Am. Ord. passed ; Am. Ord. passed ; Am. Ord. passed ) (B) (1) A statutory cite included in the history indicates that the text of the section reads substantially the same as the statute. Example: (G.S. 160A-11) (Ord. passed ; Am. Ord. passed ). (2) A statutory cite set forth as a statutory reference following the text of the section indicates that the reader should refer to that statute for further information. Example: 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: Inspection of public records, see G.S et seq. (C) If a section of this code is derived from the previous code of ordinances of the town published in 1983 and subsequently amended, the 1983 code section number shall be indicated in the history by (1983 Code, ) GENERAL PENALTY. (A) Except as provided in division (B), any person, firm, or corporation violating any of the provisions of any section or division of this code of ordinances for which no other penalty is provided, or failing or neglecting or refusing to comply with same, shall, upon conviction, be guilty of a Class 3 misdemeanor and subject to a fine not to exceed $500. No fine shall exceed $50 unless the ordinance expressly states that the maximum fine is greater than $50. (B) If any person shall violate an ordinance of a county, city, or town regulating the operation or parking of vehicles, he or she shall be responsible for an infraction and shall be required to pay a penalty of not more than $50. (G.S. 14-4(a)) Statutory reference: Enforcement of ordinances, see G.S. 160A-175

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27 TITLE III: ADMINISTRATION Chapter 30. TOWN OFFICIALS 31. TOWN POLICIES 32. POLICE 33. FIRE DEPARTMENT 34. TAXATION 1

28 2 White Lake - Administration

29 CHAPTER 30: TOWN OFFICIALS Section General Provisions Conduct of elections Candidates filing fee Appointments by Board of Commissioners Duties of Mayor Powers and duties of Commissioners Annual audit Town records Payment of expenses Meetings and Hearings Time of meetings Meetings open to public Conduct of meetings Special meetings Adjourned and recessed meetings Minutes Cost and deposit for public hearings Charter reference: Election of Mayor and Commissioners, see 6 and 7 Governing body; voting by Mayor, see 3 Jurisdiction over lake, see 4 Powers generally, see 1 Statutory reference: Enactment and enforcement of ordinances, see G.S. 160A-174 et seq. Form of government, see G.S. 160A-59 et seq. Local government retirement system, see G.S et seq. Municipal elections, see G.S et seq. Personnel, see G.S. 160A-162 et seq. State Occupational Safety and Health Act, see G.S et seq. GENERAL PROVISIONS CONDUCT OF ELECTIONS. The County Board of Elections is hereby authorized to conduct the town s elections, as provided in G.S The registration record of the County Board of Elections shall be the official registration record of voters to vote in the town elections, as provided in G.S The cost of conducting the elections shall be paid by the town to the county, as provided by statute. (1983 Code, 2-1) (Res. passed ) CANDIDATES FILING FEE. The filing fee for those electing to run for Commissioners of the town may be changed from time to time by the municipal governing body. (1983 Code, 2-2) (Motion passed ) Statutory reference: Candidates filing fee, see G.S and S-2

30 4 White Lake - Administration APPOINTMENTS BY BOARD OF COMMISSIONERS. It shall be the duty of the Board of Commissioners, at its first regular meeting each year, to elect, or provide for the appointment of, the following officers: (A) Mayor Pro Tempore; (B) Town Clerk; (C) Chief of Police; (D) Town Attorney; (E) Tax Collector; (F) Finance Officer; (G) Water and Sewage Superintendent; (H) Budget Officer; and (I) Zoning Inspector. (1983 Code, 2-3) DUTIES OF MAYOR. (A) The Mayor shall preside at and conduct the meetings of the Board of Commissioners. (B) The Mayor is designated as the officer to prepare and file the sworn statements of indebtedness required by the Local Government Finance Act, after a bond order has been introduced and before the public hearing thereon; and also to determine the amount to be inserted in any statement as the estimated amount of any special assessments thereafter to be levied on account of local improvements for which any part of the gross debt set forth in the statement was or is to be incurred, and which, when collected, will be applied to the payment of the gross debt. (1983 Code, 2-4) (Res. passed ) Statutory reference: Mayor Pro Tempore, see G.S. 160A-70 Mayor to preside over council, see G.S. 160A-69 Sworn statement of debt, see G.S POWERS AND DUTIES OF COMMISSIONERS. Each member of the Board of Commissioners shall be involved, along with the Mayor, the Town Clerk, and the Public Works Director, in the function of the department that the Commissioner has been appointed to direct. Further, the Commissioner, with the cooperation of the Mayor, the Town Clerk, and the Public Works Director, shall be adviser on all transactions that the department requires, such as, but not limited to, phone calls, written correspondence, seeking services and supplies, negotiating with engineers and contractors, and letting contracts and authorizing payments. (1983 Code, 2-4.1) (Motion passed ) Editor s note: Section is derived from a nonamendatory motion ANNUAL AUDIT. As provided by state law, there shall be an annual audit of the books, accounts, records, and all finances of the town by certified public accountant or an accountant approved by the North Carolina Local Government Commission. (1983 Code, 2-11) Statutory reference: Annual independent audit, see G.S

31 Town Officials TOWN RECORDS. (A) (1) The Clerk shall be allowed to dispose of records, as permitted by G.S (2) The Mayor shall be in agreement with the Clerk as to what is to be discarded. (Motion passed ) (B) (1) The municipal records retention and disposition schedule approved by the State Division of Archives and History and the Department of Cultural Resources has been adopted by the Board of Commissioners. (2) The schedule is on file in the Clerk s office. (Motion passed ) (1983 Code, ) Editor s note: Provisions of a nonamendatory motion of have been codified as 30.07(A). A nonamendatory motion of has also been included as 30.07(B) PAYMENT OF EXPENSES. (A) Mayor and Commissioners. The Mayor and Commissioners shall be reimbursed for the actual expenses incurred by them while they are on town business. (1983 Code, 2-12) (Motion passed ) (B) Mileage. Town employees and officials who travel by private cars on town business shall be reimbursed for their travel expense at the current IRS rate. (1983 Code, 2-13) (Motion passed ; Am. Motion passed ; Am. Motion passed ) (C) Meals. Any official or employee of the town who is away from the town on town business shall be reimbursed for actual meal expenses not to exceed the limits determined by the Board. (1983 Code, 2-14) (Motion passed ) Statutory reference: Expense allowances of employees, see G.S. 160A-162 Reimbursement of expenses, see G.S. 160A-64 MEETINGS AND HEARINGS TIME OF MEETINGS. The regular meetings of the Board of Commissioners shall be held on the second Tuesday in each month at 7:00 p.m. at the Town Hall. (1983 Code, 2-5) (Motion passed ; Am. Motion passed ; Am. Motion passed ) Statutory reference: Meetings of governing body, see G.S. 160A-71 Quorum, see G.S. 160A MEETINGS OPEN TO PUBLIC. All meetings of the Board of Commissioners, whether regular or special, shall be open to the public, except when the Board sits in executive session. (1983 Code, 2-6) Statutory reference: Executive sessions, see G.S Public meetings of public bodies, see G.S CONDUCT OF MEETINGS. (A) Parliamentarian. The Town Attorney is appointed to the position of Parliamentarian, and is requested to instruct the Board on proper procedures for Board meetings and to guide the meetings in the direction of being more orderly and efficient S-1

32 6 White Lake - Administration Further, the Town Attorney is requested to interrupt the proceedings to instruct when the Attorney deems it necessary. (B) Rules of procedure. The Board hereby adopts Suggested Rules of Procedure for a City Council, as written by the Institute of Government, with Robert s Rules of Order to be used to the extent not provided for by these rules; and, to the extent that it does not conflict with the spirit of these rules, the Board shall refer to Robert s Rules of Order, Revised, for unresolved procedural questions. (1983 Code, 2-6.1) (Motions passed ) SPECIAL MEETINGS. (A) The Mayor, the Mayor Pro Tempore, or any two 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 Commissioner, or left at his or her usual dwelling place, at least six hours before the meeting. 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. (B) 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 present have signed a written waiver of notice. (C) Except in the case of an emergency meeting, the Board shall cause written notice of the meeting, stating its purpose, to be posted on the principal bulletin board of the Board or, if the Board has no bulletin board, at the door of its usual meeting room; and to be mailed or delivered to each newspaper, wire service, radio station, and television station which has filed a written request for notice with the Clerk or with some other person designated by the Board. The Board shall also cause notice to be mailed or delivered to any person, in addition to the representatives of the media listed above, who has filed a written request with the Clerk or other person designated by the Board. This notice shall be posted and mailed or delivered at least 48 hours before the time of the meeting. The Board may require each newspaper, wire service, radio station, and television station submitting a written request for notice to renew the request annually. The Board shall charge a fee, determined by the Board from time to time, to persons, other than the media, who request notice and may require them to renew their requests quarterly. A person or persons calling a special meeting of the Board shall comply with any other notice requirements of G.S et seq. (1983 Code, 2-7) Statutory reference: Similar provisions, see G.S and 160A ADJOURNED AND RECESSED MEETINGS. Any regular or duly called special meeting of the Board may be recessed to reconvene at a time and place certain, or may be adjourned to reconvene at a time and place certain, by the Board. (1983 Code, 2-9) Statutory reference: Similar provisions, see G.S. 160A MINUTES. Full and accurate minutes of the Board proceedings shall be kept by the Clerk, and 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. Every resolution or order adopted or made by the Board of Commissioners, as also every petition submitted to it, if not set out in full in the minutes, shall be filed in an exhibit book and, by proper reference, shall be made part of the minutes. The minutes of each meeting

33 Town Officials 7 shall be approved by the Board of Commissioners and shall be signed by the Mayor and by the Clerk. The minutes shall be public and shall constitute part of the archives of the town. (1983 Code, 2-10) Statutory reference: Minutes, see G.S. 160A COST AND DEPOSIT FOR PUBLIC HEARINGS. (A) The actual cost of a public hearing shall be paid by the petitioner, and a deposit, to be determined by the Board from time to time, shall be made by the petitioner at the time of the application for a zoning change, annexation, or any other action requiring a public hearing. (B) The fee to hold a variance hearing shall be set by the Board, from time to time, to be paid in advance by the petitioner. (1983 Code, 2-8) (Res. passed ; Am. Motion passed ; Am. Motion passed ; Am. Motion passed ; Am. Motion passed ) Statutory reference: Conduct of public hearings, see G.S. 160A-81

34 8 White Lake - Administration

35 CHAPTER 31: TOWN POLICIES Section State of emergency; proclamations Smoking in municipal buildings and vehicles Concealed weapons; posting of signs prohibiting in municipal parks and buildings Penalty STATE OF EMERGENCY; PROCLAMATIONS. (A) Imposition of prohibitions and restrictions. (1) Defined; restrictions authorized. (a) 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 condition is imminent. (b) In the event of an existing or threatened state of emergency endangering the lives, safety, health, and welfare of the people within the Town of White Lake or any part thereof, or threatening damage to or destruction of property, the Mayor of White Lake is hereby authorized and empowered under G.S. 166A-8 to issue a public proclamation declaring to all persons the existence of a state of emergency, and, in order to more effectively protect the lives and property of people within the town, to place in effect any or all of the restrictions hereinafter authorized. (c) The Mayor is hereby authorized and empowered to limit, by the proclamation, the application of all or any part of the restrictions to any area specifically designated or described within the town limits and to specific hours of the day or night; and to exempt from all or any part of the restrictions, while acting in the line of and within the scope of their respective duties, law enforcement officers, fire fighters, 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 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 town. (2) Proclamation imposing prohibitions and restrictions. (a) The Mayor of the Town of White Lake, by proclamation, may impose the prohibitions and restrictions specified in divisions (A)(3) through (A)(8) below in the manner described in those divisions. The Mayor may impose as many of those specified prohibitions and restrictions as he or she finds are 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 S-2

36 10 White Lake - Administration (b) 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 serves the affected area. The Mayor shall retain a text of the proclamation and furnish, upon request, certified copies of it for use as evidence. (3) Evacuation. The Mayor may direct and compel the evacuation of all or part of the population of the Town of White Lake; to prescribe routes, modes of transportation, and destinations 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. (4) Curfew. (a) 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. (b) Unless otherwise specified in the proclamation, the curfew shall apply during the specified period each day until the Mayor, by proclamation, removes the curfew. (5) 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 spirituous 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 town described in the proclamation. The prohibition, if imposed, may apply to transfers of alcoholic beverages by employees of alcoholic beverage control stores as well as by anyone else within the geographical area described. (6) Restriction on possession, transportation, and transfer of dangerous weapons and substances. (a) 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. (b) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning. SUBSTANCE. DANGEROUS WEAPON OR a. Any deadly weapon, ammunition, explosive, incendiary device, radioactive material or device as defined in G.S (c), gasoline, or other instrument or substance designed for a use that carries a threat of serious bodily injury or destruction of property; 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 the instrument or substance will be so used; or c. Any part or ingredient in any instrument or substance included above, when the circumstances indicate a probability that the part or ingredient will be so used.

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