ADOPTING ORDINANCE

ORDINANCE 19-07-01

ADOPTED 07-11-19

Effective 07-11-19

   ORDINANCE ADOPTING NEW MUNICIPAL ORDINANCES, REVISING EXISTING MUNICIPAL ORDINANCES AND APPROVING THE CODIFICATION, REVISION, AND RESTATEMENT OF EXISTING MUNICIPAL ORDINANCES AND ORDERING THE PUBLICATION THEREOF

   WHEREAS, the Town of Council has requested that staff conduct a review of the Municipal Ordinances of the Town of Butner and make suggestions concerning necessary new ordinances, ordinance amendments, and codification of existing ordinances (the “Ordinance Changes”);

   WHEREAS, the Town staff has identified and recommended to the Town Council the Ordinance Changes described below; and

   WHEREAS, the Town is empowered, authorized and/or required to adopt ordinances necessary to protect the health, safety, and welfare of its citizens pursuant to the laws of the State of North Carolina and is required to adopt and issue a code of its ordinances pursuant to N.C. Gen. Stat. § 160A-77.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL FOR THE TOWN OF BUTNER, NORTH CAROLINA, NORTH CAROLINA AS FOLLOWS:

Section 1.   The general ordinances of the Town of Butner 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 Butner, North Carolina”.

Section 2.   Such Code of Ordinances as adopted in Section 1 shall consist of the following Titles:

         TOWN CHARTER

         TITLE I:      General Provisions

         TITLE III:      Administration

         TITLE V:      Public Works

         TITLE VII:   Traffic Code

         TITLE IX:      General Regulations

         TITLE XI:      Business Regulations

         TITLE XIII:   General Offenses

         TITLE XV:      Land Usage

         TABLE OF SPECIAL ORDINANCES

         PARALLEL REFERENCES

         INDEX

Section 3.   Such Code shall include the following new ordinances:

         1. Title VII—Chapter 71-Parking Regulations, § 71.06, Structures in the Right-of-Way. See Exhibit A.

         2. Title IX—Chapter 94—Fire Prevention, § 94.15-94.99, Fire Alarm Reduction Ordinance. See Exhibit B.

Section 4.   Such Code shall include the following revisions to existing ordinances:

         1. Amendments to State of Emergency Ordinance now codified in Title III-Chapter 30-State of Emergency, §§ 30.01-30.99. See Exhibit C.

         2. Amendments to Title VII-Chapter 71-Parking Regulations, § 71.02 Parking Not to Obstruct Traffic. See Exhibit D.

         3. Amendments to Title IX—Chapter 94 Fire Prevention, § 94.01 Outdoor Burning. See Exhibit E.

         4. Title V—Chapter 50—Garbage and Refuse Collection and Disposal, § 50.03 Burning or Burying Garbage and Refuse Regulated. See Exhibit F.

         5. Title IX—Chapter 92 Nuisance, § 92.31 Care of Residential and Commercial Premises. See Exhibit G.

Section 5.   Such Code shall add a new Chapter as follows:

         1. A new Chapter as follows: Title I Chapter 10 General Code Construction; General Penalty, § 10.99 General Penalty. See Exhibit H.

Section 6.   Such Code shall have a new information only section entitled “Town Charter”. See Exhibit I.

Section 7.   Such Code shall make such technical, non-substantive changes as necessary to provide for current statutory references, correct grammatical and punctuation errors, and to change headings to reflect the new codification.

Section 8.   Such Code is hereby adopted with such additions, revisions, additional informational text, and technical corrections described above. Except for such additions, revisions, additional informational text, and technical corrections, the existing Ordinances previously adopted are reaffirmed, republished, and restated in their entirety and such additions, revisions, additional informational text, and technical corrections shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this Ordinance, nor shall such additions, revisions, additional informational text, and technical corrections 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 9.   Such Code shall be deemed published as of the day of its adoption and approval by the Butner Town Council and the Clerk of the Town of Butner is hereby authorized and ordered to file a copy of such Code of Ordinances in the Office of the Clerk.

Section 10.   Such Code shall be in full force and effect as of the day of its adoption and approved by the Butner Town Council, and such Code shall contain a statement that it is published by order of the Town Council and 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, and recorded in the meeting minutes of the Butner Town Council.

PASSED AND ADOPTED by the Butner Town Council, this 11th day of July, 2019.

ATTEST:                        (SEAL)

Barbara J. Rote /s/       Terry Turner /s/

Barbara J. Rote                   Terry Turner

Town Clerk                      Mayor