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All ordinances passed by the County 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.
(1996 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(A) Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the due publication of the ordinance repealing or modifying it when publication is required to give effect thereto,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 anyway 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(C) When any ordinance repealing a former ordinance, clause, or provision shall by itself repealed, the repeal shall not be construed to revive the former ordinance, clause, or provision, unless it is expressly provided.
(1996 Code, § 10.16)
(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 When subsequent ordinances repeal any chapter, section, or division, or any portion thereof, the repealed portions may be excluded from this code by omission from reprinted pages.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 that 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 provisions by specific reference to the section number of this code in language substantially similar to the following: “Section of the Code of Ordinances, Davie County, 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, Davie 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 divisions, sections, subchapters, chapters, or provisions desired to be repealed must be specifically repealed by division, section, subchapter, or chapter number, as the case may be.
(E) In addition to the 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.
(1996 Code, § 10.17)
(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)
(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:
The county 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. §§ 132-1 et seq.
(C) If a section of this code is derived from the prior code of ordinances of the county, the prior code section number shall be indicated in the history by “(1996 Code, § ).” The history notes following sections and the references scattered throughout the code are not part of the code, but are merely for the benefit for the user of the code.
(1996 Code, § 10.18)
(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:
(1) 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 code;
(2) 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;
(3) Any contract or obligation assumed by the county;
(4) Any ordinance fixing the salary of any county officer or employee;
(5) Any right or franchise granted by the county;
(6) Any ordinance dedicating, naming, establishing, locating, relocating, opening, widening, paving, and the like, any street or public way in the county;
(7) Any appropriation ordinance;
(8) Any ordinance which, by its own terms, is effective for a stated or limited term;
(9) Any ordinance providing for local improvements and assessing taxes therefor;
(10) Any zoning ordinance or zoning map amendment;
(11) Any ordinance dedicating or accepting any subdivision plat;
(12) Any ordinance describing or altering the boundaries of the county;
(13) The administrative ordinances or resolutions of the county not in conflict or inconsistent with the provisions of this code;
(14) Any ordinance levying or imposing taxes not included herein;
(15) Any ordinance establishing or prescribing street grades in the county;
(16) Any personnel ordinance; and/or
(17) Any ordinance or resolution approving, authorizing or otherwise relating to any contract, agreement, lease, deed or other instrument.
(B) Nor shall any ordinance be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this chapter; and all ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length herein.
(1996 Code, § 10.19)
Statutory reference:
Authority to omit ordinances of the types enumerated above from the code, see G.S. § 153A-49
Statutes not repealed by General Statutes, see G.S. § 164-7
(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 [i.e., 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 subdivisions;
(2) Provide appropriate catchlines, headings, and titles of sections and other subdivisions 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 division 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.
(1996 Code, § 10.20)
Statutory reference:
Authority to maintain code by replacement pages, see G.S. § 153A-49
(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 such 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) In addition to the provisions of division (A) of this section, 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.
(C) Further, a violation of the above section of this code shall be a violation of G.S. § 14-4 and such violation shall be classified as a Class 3 misdemeanor with a maximum fine of up to $450, except that any violations of §§ 150.999, 154.99, 155.999, and 156.999 shall not be a violation of G.S. § 14-4 and shall not be considered a misdemeanor.
(1996 Code, § 10.99)
Statutory reference:
Provisions authorizing the county to punish ordinance violations as misdemeanors, see G.S. § 14-4