ADOPTING ORDINANCE

ORDINANCE 83-30

AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE CITY OF ALBEMARLE, NORTH CAROLINA; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE OF ORDINANCES; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.

   Be It ORDAINED by the Council of the City of Albemarle, North Carolina:

   Section l. That this ordinance, consisting of Titles I, II, III, IV, V, VI, VII, VIII, and IX (Chapters l0 to 92), each inclusive is hereby adopted and enacted as the "Code of Ordinances, City of Albemarle, North Carolina," and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the City Council, prior to April 2l, l98l, except such as by reference thereto are expressly saved from repeal or continued in force and effect for any purpose.

   Section 2. That all provisions of such Code shall be in full force and effect on and after October l, l983 and all ordinances of a general and permanent nature of the City of Albemarle enacted prior to April 2l, l98l, and not in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this ordinance, except as hereinafter provided. That no resolution of the City, not specifically mentioned, is hereby repealed.

   Section 3. That the repeal provided for in Section 2 hereof shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money by or to the City, or authorizing the issuance of any bonds of the City or any evidence of the City's indebtedness, or any contract or obligation assumed by the City; nor shall such repeal affect the administrative ordinances or resolutions of the City Council not in conflict or inconsistent with the provisions of such Code; nor shall such repeal affect ordinances establishing positions, classifying employees and setting salaries, not inconsistent with such Code; nor shall such repeal affect any right of franchise granted by any ordinance or resolution of the City Council to any person, firm or corporation; nor shall such repeal affect any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the City; nor shall such repeal affect the annual appropriation ordinance; nor shall such repeal affect the annual privilege or license tax ordinance; nor shall such repeal affect any ordinance levying or imposing taxes; nor shall such repeal affect ordinances prescribing through streets, parking prohibitions, parking limitations, one-way traffic, limitations on load of vehicles or loading zones, not inconsistent with such Code; nor shall such repeal affect any amendment to the zoning map; nor shall such repeal affect any ordinance establishing and prescribing the street grades of any street in the City; nor shall such repeal affect any ordinance providing for local improvements and assessing taxes therefor; nor shall such repeal affect any ordinance dedicating or accepting any plat or subdivision in the City; nor shall such repeal affect any ordinance extending the boundaries of the City; nor shall such repeal be construed to revive any ordinance or part thereof which has been repealed by a subsequent ordinance which is repealed by this ordinance.

   Section 4. Any and all additions or amendments to such Code, when passed in such form as to indicate the intention of the City Council to make the same a part thereof, shall be deemed to be incorporated in such Code so that reference to the "Code of Ordinances, City of Albemarle, North Carolina" shall be understood and intended to include such additions and amendments.

   Section 5. A copy of such Code shall be kept on file in the office of the City Clerk, preserved in looseleaf form, or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk or someone authorized by him, to insert in their designated places all amendments or ordinances which indicate the intention of the City Council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may be from time to time repealed by the City Council. This copy of such Code shall be available for all persons desiring to examine the same and shall be considered the official Code of Ordinances of Albemarle.

   Section 6. In case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in Section l0.99 of such Code shall apply to the section as amended; or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.

   Section 7. It shall be unlawful for any person, firm or corporation in the City to change or amend by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Albemarle to be misrepresented thereby. Any person, firm or corporation violating this section shall be punished as provided in Section l0.99 of the Code of Ordinances of the City of Albemarle.

   Section 8. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

   Section 9. This ordinance shall become effective on October l, l983.

   This ordinance was introduced and signed by Councilmember Helms, a member of the Council of the City of Albemarle, North Carolina.

                   Pauline T. Helms
                   Member of Council

   This ordinance was introduced and passed its first reading at the meeting of the Council held on the 6 day of Sept., l983, and was continued for further hearing on the l9 day of Sept., l983. At the meeting of the Council held on the l9 day of Sept., l983, this ordinance passed its second reading, was adopted and ordered published as by law provided.

   This the l9 day of Sept., l983.

                   Carlton B. Holt
                   Mayor

Attest:

Raymond Allen
    Clerk