Page 1 of 231 Print Beaufort County, NC Code of Ordinances BEAUFORT COUNTY, NORTH CAROLINA CODE OF ORDINANCES Local legislation current through 6-2-2014 Published by: American Legal Publishing Corporation 432 Walnut Street, 12th Floor Cincinnati, Ohio 45202 Tel: (800) 445-5588 Fax: (513) 763-3562 Email: customerservice@amlegal.com Internet: http://www.amlegal.com TITLE I: GENERAL PROVISIONS Chapter 10. RULES OF CONSTRUCTION; GENERAL PENALTY Section CHAPTER 10: RULES OF CONSTRUCTION; GENERAL PENALTY 10.01 Title of code 10.02 Interpretation 10.03 Application to future ordinances 10.04 Captions 10.05 Definitions 10.06 Rules of interpretation 10.07 Severability 10.08 Reference to other sections 10.09 Reference to offices
Page 2 of 231 10.10 Errors and omissions 10.11 Official time 10.12 Reasonable time; computing time 10.13 Ordinances repealed 10.14 Ordinances unaffected 10.15 Effective date of ordinances 10.16 Repeal or modification of ordinances 10.17 Ordinances which amend or supplement code 10.18 Section histories; statutory references 10.19 Certain ordinances and resolutions not affected by code 10.20 Supplementation of code 10.99 General penalty 10.01 TITLE OF CODE. This codification of ordinances by and for Beaufort County, North Carolina, shall be designated as the Code of Beaufort County, North Carolina, and may be so cited. 10.02 INTERPRETATION. Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition, and application shall govern the interpretation of this code as those governing the interpretation of state law. 10.03 APPLICATION TO FUTURE ORDINANCES. All provisions of Title I compatible with future legislation shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided. 10.04 CAPTIONS. Headings and captions used in this code other than the title, chapter, and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section. 10.05 DEFINITIONS.
Page 3 of 231 (A) General rule. Words and phrases shall be taken in their plain, ordinary, and usual sense. However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import. (B) Definitions. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BOARD OF COUNTY COMMISSIONERS. The governing body of the County of Beaufort, 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. Beaufort County, North Carolina. DAY. A calendar day. GOVERNOR. The Governor of North Carolina. 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 such cases, the words SWEAR and SWORN shall be equivalent to the words AFFIRM and AFFIRMED. OFFICER, OFFICE, EMPLOYEE, COMMISSION, or DEPARTMENT. An officer, office, employee, commission, or department of the county 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. 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. Next before or next after, respectively. PROPERTY. Includes real and personal property. REAL PROPERTY. Includes lands, tenements, and hereditaments. 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.
Page 4 of 231 STATE. The State of North Carolina. STREET. Any path way, road, highway, street, avenue, boulevard, parkway, dedicated alley, lane, viaduct, bridge, and the approaches thereto within the county and shall mean the entire width of the right-of-way or area between abutting property lines. SUBCHAPTER. (a) 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. (b) Not all chapters have SUBCHAPTERS. 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. WRITTEN. Any representation of words, letters, or figures, whether by printing or otherwise. YEAR. A calendar year unless otherwise expressed. 10.06 RULES OF INTERPRETATION. The construction of all ordinances of the county 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. 10.07 SEVERABILITY. If any provision of this code as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application. 10.08 REFERENCE TO OTHER SECTIONS.
Page 5 of 231 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. 10.09 REFERENCE TO OFFICES. Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of the county exercising the powers, duties, or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary. 10.10 ERRORS AND OMISSIONS. (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. (B) No alteration shall be made or permitted if any question exists regarding the nature or extent of the error. 10.11 OFFICIAL TIME. The official time, as established by applicable state and federal laws, shall be the official time within the county for the transaction of all municipal business. 10.12 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 Saturday, Sunday, or state holiday, it shall be excluded. 10.13 ORDINANCES REPEALED. This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code.
Page 6 of 231 10.14 ORDINANCES UNAFFECTED. All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication. 10.15 EFFECTIVE DATE OF ORDINANCES. (A) All ordinances passed by the legislative body requiring publication shall take effect from and after the due publication thereof unless otherwise expressly provided. (B) Ordinances not requiring publication shall take effect from their passage unless otherwise expressly provided. 10.16 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. 10.17 ORDINANCES WHICH AMEND OR SUPPLEMENT CODE. (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 hereof and printed for inclusion herein. 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. The subsequent ordinances as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of the subsequent ordinances numbered or omitted are readopted as a new code by the county. (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, Beaufort County, North Carolina, is hereby amended as follows.... The new provisions shall then be set out in full as desired.
Page 7 of 231 (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, Beaufort County, 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, subchapters, or chapter number, as the case may be. 10.18 SECTION HISTORIES; STATUTORY REFERENCES. (A) As histories for the code sections, the specific number and passage date of the original ordinance and amending ordinances, if any, are listed following the text of the code section. Example: (Ord. 10, passed 5-13-1960; Ord. 15, passed 1-1-1970; Ord. 20, passed 1-1-1980; Ord. 25, passed 1-1-1985) (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. 10, passed 1-17-1980; Ord. 20, passed 1-1-1985) (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: 39.01 PUBLIC RECORDS AVAILABLE. This municipality shall make available to any person for inspection or copying all public records unless otherwise exempted by state law. Statutory reference: Inspection of public records, see G.S. 139-1 et seq. 10.19 CERTAIN ORDINANCES AND RESOLUTIONS NOT AFFECTED BY CODE. (A) 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 ordinances or resolutions, which are not included herein: (1) Any ordinance or resolution promising or guaranteeing the payment of money for the county, or authorizing the issuance of any bonds of the county or any evidence of the county's indebtedness; (2) Any appropriation ordinance or resolution providing for the levy of taxes or for an annual budget, or prescribing salaries for county officers and employees; (3) Any ordinance or resolution granting any franchise, permit, or other right; (4) Any ordinance or resolution approving, authorizing, or otherwise relating to any contract, agreement, lease, deed, or other instrument; (5) Any ordinance or resolution authorizing or otherwise relating to any public improvement project or work;
Page 8 of 231 (6) Any ordinance or resolution zoning or rezoning specific property or amending the zoning map; and (7) Any temporary or special ordinance or resolution or ordinance or resolution of limited interest or transitory nature. (B) And all such ordinances and resolutions are hereby recognized as continuing in full force and effect to the same extent as if set out at length herein. Statutory reference: Authority to omit ordinances of the types enumerated above from the code, see G.S. 153A-49 10.20 SUPPLEMENTATION OF CODE. (A) By contract or by county personnel, supplements to this code shall be prepared and printed whenever authorized or directed by the Board of County Commissioners. A supplement to the code shall include all substantive permanent and general parts of ordinances passed by the Board of County Commissioners 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 which 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, agency, or organization authorized to prepare the supplement [such as, American Legal Publishing Corporation]) 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 division; (2) Provide appropriate catchlines, headings, and titles of sections and other divisions of the code printed in the supplement, and make changes in such catchlines, headings, and titles; (3) Assign appropriate numbers to sections and other divisions 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 subchapter, this division, and the like, 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); and (5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the code; but, in no case, shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the code.
Page 9 of 231 Statutory reference: Authority to maintain code by replacement pages, see G.S. 153A-49 10.99 GENERAL PENALTY. (A) Whenever in this code or in any ordinance of the county an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in this code of ordinances the doing of an act is required or the failure to do an act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of the provision of this code of ordinances or of any such ordinance shall be punished by a fine of not more than $500 or by imprisonment for not more than 30 days for each separate violation. Each day any violation of this code or any ordinance shall continue shall constitute a separate offense, unless otherwise specified. (B) Any act constituting a violation of the provisions within this code of ordinances or a failure to comply with any of its requirements shall also subject the offender to a civil penalty of $100 for each day the violation continues. If the offender fails to pay this penalty within ten days after being cited for a violation, the penalty may be recovered by the county in a civil action in the nature of debt. (C) In addition to the provisions of division (A) above, any provision of this code or other ordinance of the county may be enforced by any one or more of the remedies authorized by G.S. 153A-123. Statutory reference: Authorizing counties to punish ordinance violations as misdemeanors, see G.S. 14-4 Chapter 30. COUNTY POLICIES 31. COUNTY ORGANIZATIONS 32. PERSONNEL POLICY 33. EMERGENCY MANAGEMENT TITLE III: ADMINISTRATION Section CHAPTER 30: COUNTY POLICIES 30.01 Monthly charge for telephone subscribers for enhanced 911 service
Page 10 of 231 30.01 MONTHLY CHARGE FOR TELEPHONE SUBSCRIBERS FOR ENHANCED 911 SERVICE. (A) There is hereby imposed a monthly charge upon each exchange access facility subscribed to by telephone subscribers whose exchange access lines are located in the county, excepting those subscribers located within the incorporated limits of the City of Washington. (B) The effective date of imposition and collection of the charges provided herein shall be the one hundred and twenty-first day after the adoption of this section. (C) The definitions, procedures for payment and collection, administration, and all other provisions of G.S. Ch. 62A are incorporated herein by reference. (D) The monthly enhanced 911 service charge shall be $1 per month. (E) Any person who intentionally calls the 911 number for purposes other than obtaining public safety assistance commits a misdemeanor. (F) This section shall be effective upon its adoption. (Ord. passed 11-4-1992) Penalty, see 10.99 CHAPTER 31: COUNTY ORGANIZATIONS Section Planning Board 31.01 Membership and vacancies 31.02 Organization, rules, meetings, and records 31.03 General powers and duties 31.04 Basic studies 31.05 Comprehensive plan 31.06 Zoning ordinance 31.07 Subdivision regulations 31.08 Public facilities 31.09 Annual report of activities and analysis of expenditures 31.10 Advisory Council and special committees 31.11 Effective date Recreation Committee 31.25 Creation, name, and number of members
Page 11 of 231 31.26 Committee; powers and duties 31.27 Appointment of the Committee 31.28 Composition 31.29 Length of appointment 31.30 Meetings 31.31 Attendance of members 31.32 Compensation 31.33 Officers 31.34 Officers duties 31.35 Committees 31.36 By-laws Cross-reference: County EMS System Plan Oversight Committee, see Ch. 112 Subdivision, see Ch. 153 Zoning, see Ch. 154 PLANNING BOARD 31.01 MEMBERSHIP AND VACANCIES. The Planning Board shall consist of five members. One of the initial members shall be appointed for a term of one year; one for two years; one for three years; one for four years; and one for five years. Their successors shall be appointed for terms of five years. Vacancies occurring for reasons other than expiration of terms shall be filled as they occur for the period of the unexpired term. Faithful attendance at the meetings of the Board is considered a prerequisite for the maintenance of membership on the Board. (Ord. passed 9-3-1974; Res. passed 9-3-1974) 31.02 ORGANIZATION, RULES, MEETINGS, AND RECORDS. Within 30 days after appointment, the Planning Board shall meet and elect a Chairperson and create and fill such offices as it may determine. The term of the Chairperson and other officers shall be one year, with eligibility for re-election. The Board shall adopt rules for transaction of its business and shall keep a record of its members attendance and of its resolutions, discussions, findings, and recommendations, which record shall be a public record. The Board shall hold at least one meeting monthly, and all of its meetings shall be open to the public. There shall be a
Page 12 of 231 quorum of three members for the purpose of taking any official action required by this subchapter. (Ord. passed 9-3-1974; Res. passed 9-3-1974) 31.03 GENERAL POWERS AND DUTIES. (A) It shall be the duty of the Planning Board, in general: (1) To acquire and maintain in current form such basic information and materials as are necessary to an understanding of past trends, present conditions, and forces at work to cause changes in these conditions; (2) To prepare and from time to time, amend, and revise, a comprehensive and coordinated plan for the physical development of the area; (3) To establish principles and policies for guiding action in the development of the area; (4) To prepare and recommend to the Board of County Commissioners ordinances promoting orderly development along the lines indicated in the comprehensive plan; (5) To determine whether specific proposed developments conform to the principles and requirements of the comprehensive plan for the growth and improvement of the area; (6) To keep the Board of County Commissioners and the general public informed and advised as to these matters; and (7) To perform any other duties which may lawfully be assigned to it. (B) (1) The Planning Board may conduct such public hearings as may be required to gather information necessary for the drafting, establishment, and maintenance of the comprehensive plan. Before adopting any such plan, it shall hold at least one public hearing thereon. (2) The Planning Board shall have the power to promote public interest in and an understanding of its recommendations, and to that end it may publish and distribute copies of its recommendations and may employ such other means of publicity and education as it may determine. (3) Members of employees of the Planning Board, when duly authorized by the Planning Board, may attend planning conferences or meetings of planning institutes or hearings upon pending planning legislation, and the Planning Board may, by formal and affirmative vote, pay, within the Planning Board s budget, the reasonable traveling expenses incident to such attendance. (Ord. passed 9-3-1974; Res. passed 9-3-1974) 31.04 BASIC STUDIES. (A) As background for its comprehensive plan and any ordinances it may prepare, the Planning Board may gather maps and aerial photographs of human-made and natural physical features of the area, statistics on past trends, and present conditions with respect to population,
Page 13 of 231 property values, the economic base of the area, land use, and other information as is important or likely to be important in determining the amount, direction, and kind of development to be expected in the area and its various parts. (B) In addition, the Planning Board may make, cause to be made, or obtain special studies on the location, condition, and adequacy of specific facilities, which may include but are not limited to studios of housing; commercial and industrial facilities; parks, playgrounds, and recreational facilities; public and private utilities; and traffic, transportation, and parking facilities. (C) All county officials shall, upon request, furnish to the Planning Board such available records or information as it may require in its work. The Board or its agents may, in the performance of its official duties, enter upon lands and make examinations or surveys and maintain necessary monuments thereon. (Ord. passed 9-3-1974; Res. passed 9-3-1974) 31.05 COMPREHENSIVE PLAN. (A) The comprehensive plan, with the accompanying maps, plats, charts, and descriptive matter, shall be and show the Planning Board s recommendations to the Board of County Commissioners for the development of said territory, including, among other things, the general location, character, and extent of streets, bridges, boulevards, parkways, playgrounds, squares, parks, aviation fields, and other public ways, grounds, and open spaces; the general location and extent of public utilities and terminals, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power, and other purposes; the removal, relocation, widening, narrowing, vacating, abandonment, change of use, or extension of any of the foregoing ways, buildings, grounds, open spaces, property, utilities, or terminals; the most desirable pattern of land use within the area, including areas for residential uses, for farming and forestry, for manufacturing and industrial uses, for commercial uses, for recreational uses, for open spaces, and for mixed uses. (B) The plan and any ordinances or other measures to effectuate it shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the county which will, in accordance with present and future needs, best promote health, safety, morals, and the general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds, and the adequate provision of public utilities, services, and other public requirements. (Ord. passed 9-3-1974; Res. passed 9-3-1974) 31.06 ZONING ORDINANCE. (A) The Planning Board shall prepare and submit to the Board of County Commissioners for its consideration and possible adoption a zoning ordinance for the control of the height, area, bulk, location, and use of buildings and premises in the area, in accordance with the provisions of G.S. Ch. 153A as amended.
Page 14 of 231 (B) The Planning Board may initiate, from time to time, proposals for amendment of the zoning ordinance, based upon its studies and comprehensive plan. In addition, it shall review and make recommendations to the Board of County Commissioners concerning all proposed amendments to the zoning ordinance. (Ord. passed 9-3-1974; Res. passed 9-3-1974) 31.07 SUBDIVISION REGULATIONS. (A) The Planning Board shall review, from time to time, the need for regulations for the control of land subdivision in the area and submit to the Board of County Commissioners its recommendations, if any, for adoption or revision of said regulations. (B) In accordance with such regulations, the Planning Board shall review and make recommendations to the Board of County Commissioners concerning all proposed plats of land subdivision. (Ord. passed 9-3-1974; Res. passed 9-3-1974) 31.08 PUBLIC FACILITIES. (A) The Planning Board shall review with county officials and report as recommendations to the Board of County Commissioners upon the extent, location, and design of all public structures, and facilities, and on the acquisition and disposal of public properties. (B) However, in the absence of a recommendation for the Planning Board, the Board of County Commissioners may, if it deems wise, after the expiration of 30 days from the date on which the question has been submitted in writing to the Planning Board for review and recommendation, take final action. (Ord. passed 9-3-1974; Res. passed 9-3-1974) 31.09 ANNUAL REPORT OF ACTIVITIES AND ANALYSIS OF EXPENDITURES. (A) The Planning Board shall, in May of each year, submit in writing to the Board of County Commissioners a written report of its activities, an analysis of the expenditures to date for the current fiscal year, and, for review and approval, its requested budget of funds needed for operation during the ensuing fiscal year. (B) (1) The Planning Board is authorized to receive contributions from private agencies and organizations or from individuals, in addition to any sums which may be appropriated for its use by the Board of County Commissioners. (2) It may accept and disburse such contributions for special purposes or projects, subject to any specific conditions which it deems acceptable, whether or not such projects are included in the approved budget.
Page 15 of 231 (C) The Planning Board is authorized to appoint such committees and employees, and to authorize such expenditures, as it may see fit, subject to limitations of funds provided for the Planning Board by the Board of County Commissioners in the county s annual budget. (Ord. passed 9-3-1974; Res. passed 9-3-1974) 31.10 ADVISORY COUNCIL AND SPECIAL COMMITTEES. (A) The Planning Board may seek the establishment of an unofficial Advisory Council and may cooperate with this Council to the end that its investigations and plans may receive the fullest consideration, but the Board may not delegate to such Advisory Council any of its official prerogatives. (B) The Planning Board may set up special committees to assist it in the study of specific questions and problems. (Ord. passed 9-3-1974; Res. passed 9-3-1974) 31.11 EFFECTIVE DATE. This subchapter shall be in full force and effect as an ordinance of the county from and after the date of its adoption by the Board of Commissioners. (Ord. passed 9-3-1974; Res. passed 9-3-1974) RECREATION COMMITTEE 31.25 CREATION, NAME, AND NUMBER OF MEMBERS. There is hereby created a Recreation Committee composed of six citizens of the county, to be known as the County Recreation Committee. (Ord. passed 8-4-1975; Res. passed 8-4-1975) 31.26 COMMITTEE; POWERS AND DUTIES. (A) The Recreation Committee shall serve as the advisory body for the county. The Committee shall suggest policies to the County Manager and the Board of Commissioners, within its powers and responsibilities as stated in this subchapter. The Committee shall serve as a liaison between the County Manager, the Commissioners, and citizens of the county. The Committee shall consult with and advise the County Manager and the Commissioners in matters affecting recreation policies, program, personnel, finances, and the acquisition and disposal of lands and properties related to the total community recreation program, and to its long-range, projected program for recreation.
Page 16 of 231 (B) The Recreation Committee shall assume duties for recreation purposes and to make the following recommendations as follows: (1) For the establishment of a system of supervised recreation for the unit; (2) To set apart for use as parks, playgrounds, recreation centers, water areas, or other recreation areas and structures, any lands or buildings owned by or leased to the unit, and for approval by the unit s authorized body, and may suggest improvements of such lands and for the construction and for the equipping and staffing of such buildings and structures as may be necessary to the recreation program within those funds allocated; (3) Advise in the acquisition of lands and structures through gifts, purchase, lease or loan, or by condemnation by the unit as provided by G.S. Ch. 40A (eminent domain), and as approved by the County Commissioners; (4) Advise in the acceptance by the unit of any grant, gift, bequest, or donation, and personal or real property offered or made available for recreation purposes and which is judged to be of present or possible future use for recreation. Any gift, bequest of money, or other property; any grant or devise of real property so acquired shall be held, by the unit, used and finally disposed of in accordance with the terms under which such grant, gift, or devise is made and accepted; and/or (5) Advise in the construction, equipping, operation, and maintenance of parks, playgrounds, recreation centers, and all buildings and structures necessary or useful, and will advise in regard to other recreation facilities that are owned or controlled by the unit or leased or loaned to the unit. (Ord. passed 8-4-1975; Res. passed 8-4-1975) 31.27 APPOINTMENT OF THE COMMITTEE. Each member of the Recreation Committee shall be appointed by the Board of Commissioners. (Ord. passed 8-4-1975; Res. passed 8-4-1975) 31.28 COMPOSITION. The County Manager shall serve as an ex-officio member of the Recreation Committee. The ex-officio member will not have a vote on items coming before the Recreation Committee. (Ord. passed 8-4-1975; Res. passed 8-4-1975) 31.29 LENGTH OF APPOINTMENT. Each member shall be appointed for a three-year term. Initial appointments shall be arranged so that approximately one-third of the terms will expire each year. (Ord. passed 8-4-1975; Res. passed 8-4-1975)
Page 17 of 231 31.30 MEETINGS. Recreation Committee meetings shall be held on a monthly basis. The Chairperson of the Committee or, in his or her absence, the Vice-Chairperson may call a special meeting of the Committee at any time by giving each member 24-hour notice. Special meetings will be scheduled upon request by four or more Committee members. A quorum of the Committee shall be in attendance before action of an official nature can be taken. A quorum is at least one more than the number absent of the appointed members. (Ord. passed 8-4-1975; Res. passed 8-4-1975) 31.31 ATTENDANCE OF MEMBERS. An appointed member who misses more than three consecutive regular meetings loses his or her status as a member of the Recreation Committee until reappointed or replaced by the governing body of the unit. Absences due to sickness, death, or other emergencies of like nature shall be regarded as approved absences and shall not affect the member s status on the Committee except that in the event of a long illness, or other such cause for prolonged absence, the member may be replaced. (Ord. passed 8-4-1975; Res. passed 8-4-1975) 31.32 COMPENSATION. Recreation Committee members shall serve without monetary compensation. Members shall be reimbursed for travel and subsistence to professional recreation meetings, conferences, and workshops, with such reimbursement being made in compliance with the general policies of the unit. (Ord. passed 8-4-1975; Res. passed 8-4-1975) 31.33 OFFICERS. (A) There shall be a Chairperson and Vice-Chairperson of the Recreation Committee. An annual election of the Chairperson and Vice-Chairperson shall be held by the Committee members and shall occur at the regular monthly meeting in July. Officers shall serve for one year from election with eligibility for re-election. New officers shall take office at the subsequent regular meeting in August. (B) In the event an officer s appointment to the Recreation Committee is terminated, a replacement to this office shall be elected by the Committee, from its membership, and at the meeting following the termination. The County Manager shall serve as Secretary of the Commission. (Ord. passed 8-4-1975; Res. passed 8-4-1975)
Page 18 of 231 31.34 OFFICERS DUTIES. (A) The Recreation Committee Chairperson shall preside at all meetings and sign all documents relative to action taken by the Committee. The Chairperson shall appoint all subcommittees including a nominating committee composed of two Committee members. A nominating committee shall be appointed at least 30 days prior to the July meeting. (B) When the Chairperson is absent, the Vice-Chairperson shall perform the duties of the Chairperson. When both the Chairperson and Vice-Chairperson are absent, a temporary Chairperson shall be elected by those members who are present. (C) (1) The County Manager shall serve as Secretary to the Committee. He or she may delegate all or part of these duties to another county employee with the approval of the Committee but shall hold the office of Secretary and shall be held responsible for the satisfactory accomplishment of the secretarial duties. (2) The Secretary shall mail to all members copies of official reports, and the official minutes of all regular and special meetings, prior the next scheduled meeting. (Ord. passed 8-4-1975; Res. passed 8-4-1975) 31.35 COMMITTEES. (A) The Executive Committee shall consist of the Chairperson, Vice-Chairperson, Secretary/ Manager, and the representative from the governing body of the unit. (B) (1) The Committee Chairperson is authorized to appoint such committees as, in the opinion of the Committee, are needed. Standing committee suggestions are as follows: (a) Program and activities; (b) Areas and structures; (c) Budget; (d) Personnel; and/or (e) Policies and procedures. (2) Temporary and project committees shall be appointed as needed. (Ord. passed 8-4-1975; Res. passed 8-4-1975) 31.36 BY-LAWS. Operational policies and procedures may be incorporated into a set of by-laws as developed and approved by the Committee in line with this subchapter and the policies of the unit. (Ord. passed 8-4-1975; Res. passed 8-4-1975)
Page 19 of 231 CHAPTER 32: PERSONNEL POLICY Section General Provisions 32.001 Statement of purpose 32.002 Limitations 32.003 Coverage 32.004 Equal opportunity 32.005 Official and employee copies 32.006 Adoption and amendment 32.007 Forms 32.008 Clarification of procedures Classification 32.020 Purpose 32.021 Classification Position Management 32.035 Recruitment 32.036 Selection 32.037 Appointment 32.038 Probation 32.039 Transfers 32.040 Voluntary separation from service 32.041 Involuntary separation from service 32.042 Separation procedure Incompatible Activities 32.055 Purpose 32.056 Gifts, gratuities, or loans 32.057 Political activities 32.058 Outside employment 32.059 Conflict of interest
Page 20 of 231 32.060 Employment of relatives Discipline 32.075 Coverage 32.076 Types of actions requiring discipline 32.077 First offense suspension, dismissal, or demotion 32.078 Progressive discipline 32.079 Purpose 32.080 Procedure of appeal 32.081 Sheriff s Department and Register of Deed s Office 32.082 Social Services, Health, and Emergency Management employees Benefits 32.095 Holidays 32.096 Personal leave 32.097 Sick leave 32.098 Military leave 32.099 Civic leave 32.100 Leave of absence without pay 32.101 Worker s compensation leave 32.102 Insurance 32.103 Retirement 32.104 Travel and expense allowances Compensation Plan 32.115 Purpose 32.116 Administration 32.117 Compensation 32.118 Overtime 32.119 Deductions 32.120 Pay plan 32.121 Amounts due employer when on leave of absence without pay 32.122 Pay at separation
Page 21 of 231 Appendix A: Certificate of Receipt GENERAL PROVISIONS 32.001 STATEMENT OF PURPOSE. This chapter is established to promote understanding, cooperation, equal treatment, and efficiency. (Ord. passed 10-2-1990) 32.002 LIMITATIONS. This is not a contract of employment. Any individual may voluntarily leave employment upon proper notice and may be terminated by the employer at any time for any reason. Any oral or written statements or promises to the contrary are hereby expressly disavowed and should not be relied upon by any prospective or existing employee. The contents of this chapter are subject to change at any time at the discretion of the employer. (Ord. passed 10-2-1990) 32.003 COVERAGE. (A) These policies apply to all employees of the county unless exceptions are noted. (B) The Sheriff and Register of Deeds have the exclusive right to hire, discharge, and supervise the employees in their respective offices pursuant to state statutes. (C) County Agricultural Extension Service employees are subject to the personnel rules and regulations of the State Agricultural Extension Service, except that these employees shall observe the office hours, workdays, and holidays in 32.095 through 32.104. (D) Health, Social Services, and Emergency Management employees are subject to the county personnel policy with respect to vacation leave, sick leave, hours of work, holidays, pay plan administration, travel procedures, and overtime. In other areas, these employees are subject to the State Personnel Act, being G.S. 126-1 et seq. (E) This chapter does not apply to consultants, elected officials, volunteers, and contract employees. (F) This chapter does not apply to employees of Beaufort County Schools or Washington City School Systems. (G) If any provision of this chapter, or rules created to enforce the policies are held invalid, all remaining policies and rules will remain in effect. (Ord. passed 10-2-1990)
Page 22 of 231 32.004 EQUAL OPPORTUNITY. The county will not discriminate against applicants or employees on the basis of race, color, religion, national origin, sex, age, or physical disability in any employment area including, but not limited to: (A) Recruitment; (B) Placement; (C) Pay; (D) Discipline; (E) Promotion; (F) Demotion; (G) Termination; (H) Working conditions; (I) Training; (J) Awards; or (K) Benefits. (Ord. passed 10-2-1990) 32.005 OFFICIAL AND EMPLOYEE COPIES. (A) An official copy of the personnel policies and rules will be available in the County Manager s office. (B) A copy of the personnel policies and rules will be provided to each employee at the time of employment. The employee shall sign for the copy received to verify receipt. (Ord. passed 10-2-1990) 32.006 ADOPTION AND AMENDMENT. (A) These policies become effective when adopted by the County Commissioners. (B) These policies may be amended or totally revised by using the same procedure as used for the initial adoption of the policies. Revisions shall become effective immediately upon approval or at such time as the Board designates. (Ord. passed 10-2-1990) 32.007 FORMS.
Page 23 of 231 The County Manager shall provide procedures and forms necessary for personnel administration and instruct the staff in their proper use. (Ord. passed 10-2-1990) 32.008 CLARIFICATION OF PROCEDURES. Anytime a question arises concerning the application or interpretation of policies or rules, inquiry should be made to the County Manager before proceeding. (Ord. passed 10-2-1990) CLASSIFICATION 32.020 PURPOSE. The purposes of this subchapter are to establish various classifications for positions within the county and to establish management policies for specified personnel actions. (Ord. passed 10-2-1990) 32.021 CLASSIFICATION. The following classifications of staff are established: (A) For purposes of the Fair Labor Standards Act, being 29 U.S.C. 201 et seq.: (1) Exempt employees. Includes salaried personnel who are exempt from state and federal fair wage and hour laws. These include the executive, administrative, and professional staff of the county; and (2) Non-exempt employees. Includes hourly or salaried employees who receive overtime compensation subject to state and federal wage and hour laws. (B) For purposes of employment status: (1) Regular employees. Includes full-time and part-time employees who have satisfactorily completed their probationary period and work regularly scheduled hours each work week; (2) Temporary employees. Includes full- or part-time employees being employed for: (a) Hourly work on an as-needed basis; (b) Completion of a specific job; or (c) A specific time period. (3) Full-time employees. Includes employees who work the standard work week established by the county;
Page 24 of 231 (4) Part-time employees. Includes employees who work less than the standard work week; and (5) Probationary employees. Includes full- or part-time introductory employees who are serving a test employment period. (Ord. passed 10-2-1990) POSITION MANAGEMENT 32.035 RECRUITMENT. (A) Vacant positions will be reviewed by the applicable department head and the County Manager to determine whether they should be filled. Applicants will be recruited for vacant positions that are to be filled by any means necessary to reach an adequate labor market and may include: (1) Advertisements in newspapers; (2) Posting in the courthouse and work sites; (3) Mailed notices to local employment agencies and governmental sources for referral or applicants; (4) Employee referrals; and (5) Employment Security Commission. (B) Announcements of vacant positions will include the job title, beginning salary, minimum qualifications, and application instructions. (Ord. passed 10-2-1990) 32.036 SELECTION. Applicants will be screened by the department head, or the appropriate supervisor to determine whether applicants met the announced requirements including the minimum education and experience. Reference and application information, such as training and experience, will be verified by Department personnel. Applicants will be interviewed by the department head or the appropriate supervisor. The top applicant should be offered the job. This procedure will be followed until the position is filled or a determination is made to either readvertise or leave the position vacant. This procedure will be followed to fill vacant positions when hiring new personnel. Initial applicant screening may be delegated to the Employment Security Commission. (Ord. passed 10-2-1990) 32.037 APPOINTMENT.
Page 25 of 231 Offers to fill vacant positions should be made in writing and specify the job title, type of appointment (probation, temporary, or part-time), rate of pay, and any conditions of employment. The applicant who accepts an appointment to a vacant position should acknowledge the appointment in writing. (Ord. passed 10-2-1990) 32.038 PROBATION. (A) All new employees will serve a probationary period. This is considered to be a period of learning and adjustment to assure that the employee can perform the job. The probationary period is considered a test which may be terminated at any time. The probationary period shall be no less than three months and no longer than nine months. (B) Six months is the normal probationary period but may be shortened or extended for up to three months by the County Manager upon recommendation by the department head. (Ord. passed 10-2-1990) 32.039 TRANSFERS. A transfer is a reassignment from one position to another position in a different department with similar duties and responsibilities and without a change in pay. Transfers must be approved by the County Manager upon recommendation of both affected department heads. (Ord. passed 10-2-1990) 32.040 VOLUNTARY SEPARATION FROM SERVICE. Employees may be voluntarily separated from service by either retirement or resignation. (A) Retirement.RETIREMENT is defined as voluntarily leaving employment with the intention of obtaining benefits and may be based upon age or length of service. (B) Resignation. Employees may resign either in good standing or not in good standing. (1) Employees resign in good standing by submitting a letter of resignation at least ten working days prior to the effective date. Employees who resign in good standing may be considered for future employment with the county. (2) Employees resign not in good standing when: (a) They fail to submit letters of resignation at least ten working days in advance of the effective day; (b) They are absent one working day following a leave of absence without pay; (c) They are absent without authorized leave for three working days; or (d) They resign to avoid announced disciplinary action.
Page 26 of 231 (3) Employees resigning not in good standing are normally ineligible for future employment with the county. (Ord. passed 10-2-1990) 32.041 INVOLUNTARY SEPARATION FROM SERVICE. Employees may be involuntarily separated from service by death, dismissal, reduction in force, or medical disability. (A) Death. The estates of employees who die while employed by the county will be provided benefits and payments due to the employee at the time of the employee s death. (B) Dismissal. Employees may be dismissed for unsatisfactory job performance, improper work related behavior, or disciplinary reasons. (C) Reduction in force. (1) The County Commissioners may find it necessary to reduce the number of employees based on reduction or elimination of funds, reduced or revised workloads, or a decision by the county to reduce either its level of service or staff. (2) A specific plan will be developed for each planned reduction in force which will establish those functions and positions to be retained and establish lists of employees who are to be retained and those who are to be separated, laid off, or work reduced hours. (a) The plan will be developed by the County Manager and reviewed by the County Commissioners. (b) The plan will specify retention and separation factors. Possible factors may include: 1. Performance evaluation ratings; 2. Qualifications to perform additional work activities within the same or similar program areas; and/or 3. Continuous county service. (c) Part-time jobs may be eliminated or combined, but part-time employees need not be separated to preclude the separation of full-time employees. (3) When a reduction in force is proposed to the County Commissioners, the County Manager will inform all employees that a plan is being considered. Upon approval, but in no case less than 14 days prior to the reduction in force, the affected employees will be given written notices of how the plan affects them. (4) Employees involuntarily separated by a reduction in force may apply for re-employment if qualified for the vacant position. (D) Medical disability. (1) Employees who are disabled for medical reasons and have exhausted sick leave and personal leave may be put on leave of absence without pay for disability reasons.