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(A) Nothing in this code or the ordinance adopting this code shall affect any offense or act committed or done, any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this code.
(B) The adoption of this code shall not be interpreted as authorizing or permitting any use or the continuance of any use of a structure or premises in violation of any ordinance of the city in effect on the date of adoption of this code.
(1989 Code, § 1-8)
(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 when not inconsistent with this code:
(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 such code;
(2) Any ordinance promising or guaranteeing the payment of money for the city, or authorizing the issuance of any bonds of the city or any evidence of the city’s indebtedness;
(3) Any contract or obligation assumed by the city;
(4) Any right or franchise granted by the city;
(5) Any ordinance dedicating, naming, establishing, locating, opening, paving, widening, vacating, etc., any street or public way in the city;
(6) Any ordinance establishing or prescribing grades for streets in the city;
(7) Any appropriation ordinance providing for the levy of taxes or for adopting an annual budget;
(8) Any ordinance relating to local improvements and assessments therefor;
(9) Any ordinance annexing territory to the city or discontinuing territory as a part of the city;
(10) Any ordinance dedicating or accepting any plat or subdivision in the city;
(11) Any ordinance or resolution establishing or amending personnel rules or regulations;
(12) Any ordinance prescribing subdivision regulations;
(13) Any ordinance or resolution prescribing taxicab passenger rates;
(14) Ordinances prescribing traffic regulations for specific streets, such as ordinances establishing speed limits or designating one-way streets, no parking areas, truck routes, stop intersections, intersections where traffic is to be controlled by signals, etc.
(15) Any ordinance establishing or amending zoning or land use regulations or the zoning map or rezoning property;
(16) Any ordinance calling municipal elections or prescribing the manner of conducting the election in accordance with state law;
(17) Any ordinance prescribing any fee or payment of money to the city;
(18) Any ordinance prescribing the number, classification, benefits or compensation of any city officers or employees;
(19) Any ordinance which is temporary although general in effect;
(20) Any ordinance which is special although permanent in effect;
(21) Any ordinance containing any administrative provision.
(B) All such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this code. Such ordinances are on file in the City Clerk’s office.
(1989 Code, § 1-9)
Statutory reference:
Authority to omit ordinances from printing of code, see G.S. § 160A-77(a)
(A) The repeal of an ordinance or its expiration by virtue of any provisions contained therein shall not affect any right accrued, any offense committed, any penalty or punishment incurred or any proceeding commenced before the repeal took effect or the ordinance expired.
(B) When an ordinance which repealed another shall itself be repealed, the previous ordinance shall not be revived without express words to that effect.
(1989 Code, § 1-10)
Statutory reference:
Repeal of statutes, see G.S. § 12-2
Any and all additions and amendments to this code, when passed in such form as to indicate the intention of the City Council to make the same a part of this code shall be deemed to be incorporated in this code, so that reference to the code shall be understood and intended to include such additions and amendments.
(1989 Code, § 1-11)
(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 of this code and printed for inclusion in it. When subsequent ordinances repeal any chapter, section or subsection or any portion thereof, such repealed portions may be excluded from the 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 such subsequent ordinances until such time that this code and subsequent ordinances numbered or omitted are readopted as a new code by the City Council.
(B) Amendments to any of the provisions of this code shall be made by amending such provisions by specific reference to the section number of this code in the following language: “Section ________ of the Code of the City of Eden, North Carolina, is hereby amended to read as follows: . . . .” The new provisions shall then be set out in full as desired.
(C) If a new section is to be added to the code, the following language shall be used: “The Code of the City of Eden, North Carolina, is hereby amended by adding a section, to be numbered ________ which section reads as follows:. . . ..” The new section shall then be set out in full as desired.
(D) All sections, divisions, articles, chapters or provisions desired to be repealed should be specifically repealed by section, division, article or chapter number, as the case may be.
(1989 Code, § 1-12)
(A) By contract or by city personnel, supplements to this code shall be prepared and printed whenever authorized or directed by the City Council. A supplement to the code shall include all substantive permanent and general parts of ordinances adopted 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, 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 for 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 subdivisions 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 article,” “this division,” etc., as the case may be, or to “sections _________ through _________,” 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.
Statutory reference:
Supplements to code adopted, see G.S. § 160A-77
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