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All ordinances passed by the Board of Commissioners 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.
(Prior Code, § 10.15)
(A) Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the due publication of the ordinance repealing or modifying it when publication is required to give effect thereto,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 anywise be effected, 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(C) When any ordinance repealing a former ordinance, clause or provision shall by itself repealed, the repeal shall not be construed to revive the former ordinance, clause or provision, unless it is expressly provided.
(Prior Code, § 10.16)
(A) If the Board of Commissioners shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.
(B) Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of the chapter or section. In addition to such indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.
(Prior Code, § 10.17)
(A) As histories for the code sections, the specific number and passage date of the original ordinance and any amending ordinances, if any, are listed following the text of the code section. Example: (Ord. 10, passed 5-13-1960; Am. Ord. 15, passed 1-1-1970; Am. Ord. 20, passed 1-1-1980; Am. Ord. 25, passed 1-1-1985)
(B) (1) If a G.S. cite is included in the history, this indicates that the text of the section reads substantially the same as the statute. Example: (G.S. § 153A-114) (Ord. 10, passed 1-17-1980; Am. Ord. 20, passed 1-1-1985)
(2) If a statutory cite is set forth as a “statutory reference” following the text of the section, this indicates that the reader should refer to that statute for further information. Example:
§ 31.10 COUNTY ATTORNEY.
The Office of County Attorney is hereby established.
Statutory reference:
County Attorney by Board of Commissioners, see G.S. § 153A-114
(Prior Code, § 10.18)
(A) All ordinances passed subsequent to this code, which amend, repeal or in any way affect any section or subsection of this code, shall be numbered consecutively but shall refer specifically to the section or subsection affected and printed for inclusion therein. When subsequent ordinances repeal any chapter, section or subsection or any portion thereof, the repealed portions shall 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 until such time as this code and subsequent ordinances numbered or omitted are readopted as a new code by the Board of Commissioners.
(B) Amendments of any of the provisions of this code shall be made by amending the provisions by specific reference to the section number of this code in the following manner: “That section of the Dare County Code is hereby amended to read as follows: .” The new provisions shall be then set out in full.
(C) In the event a new section not heretofore existing in the code is to be added, the following language shall be used: “That the Dare County Code is hereby amended by adding a new section to be numbered section , which said section shall read as follows: .” The new section shall then be set out in full.
(D) All sections, subchapters, chapters or provisions desired to be repealed shall be specifically repealed by section, subchapter or chapter number in the following language: “That section, chapter or article of the Dare County Code is hereby repealed.”
(Prior Code, § 10.19)
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