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AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE TOWN OF FAIRMONT, NORTH CAROLINA, REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE POLITICAL SUBDIVISION DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES, AND DECLARING AN EMERGENCY.
WHEREAS, the present general and permanent ordinances of the Town of Fairmont are inadequately arranged and classified and are insufficient in form and substance for the complete preservation of the public peace, health, safety and general welfare of the municipality and for the proper conduct of its affairs; and
WHEREAS, the Acts of the Legislature of the State of North Carolina empower and authorize municipalities to revise, amend, restate, codify and compile any existing ordinances and all new ordinances not heretofore adopted or published and to incorporate such ordinances into one ordinance in book form; and
WHEREAS, the Board of Commissioners of the Town of Fairmont has authorized a general compilation, revision and codification of the ordinances of the Town of Fairmont of a general and permanent nature and publication of such ordinance in book form; and
WHEREAS, it is necessary to provide for the usual daily operation of the municipality and for the immediate preservation of the public peace, health, safety and general welfare of the municipality that this ordinance take effect at an early date.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE TOWN OF FAIRMONT:
Section 1. The general ordinances of the Political Subdivision 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 Fairmont, North Carolina."
Section 2. Such Code of Ordinance as adopted in Section 1 shall consist of the following Titles:
Title I. General Provisions
10. General Provisions
Title III. Administration
30. Mayor; Board of Commissioners
31. Officers and Employees
33. Police Department
Title V. Public Works
50. Water and Sewers
51. Water and Sewer Extensions
52. Solid Waste
Title VII. Traffic Code
70. General Provisions
71. Traffic-control Devices
72. Vehicle Operation Generally
73. Stopping, Standing and Parking
74. Pedestrians and Bicycles
75. Traffic Schedules
76. Parking Schedules
Title IX. General Regulations
90. Streets and Sidewalks
92. Fire Prevention and Protection
93. Health and Sanitation
95. Parks and Recreation
Title XI. Business Regulations
110. General Provisions
111. Vehicles for Hire
112. Peddlers and Solicitors
113. Game Rooms
114. Motor Vehicle Storage Yards
Title XIII. General Offenses
131. Offenses Against Public Safety
132. Offenses Against Public Peace and Order
133. Offenses Against Public Morals
Title XV: Land Usage
150. Flood Prevention
151. Buildings; Construction Regulations
152. Minimum Housing Standards
References to North Carolina General Statutes
References to 1988 Code
References to Ordinances
Section 3. All prior ordinances pertaining to the subjects treated in such Code of Ordinances shall be deemed repealed from and after the effective date of this ordinance except as they are included and reordained in whole or in part in such Code; provided, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this ordinance, nor shall such repeal 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 4. Such Code shall be deemed published as of the day of its adoption and approval by the Board of Commissioners and the Clerk of the Town of Fairmont is hereby authorized and ordered to file a copy of such Code of Ordinances in the Office of the Clerk.
Section 5. Such Code shall be in full force and effect as provided in Section 6, and such Code 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, recorded, and approved.
Section 6. This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of this municipality, and shall take effect at the earliest date provided by law.
PASSED AND ADOPTED by the Board of Commissioners of the Town of Fairmont on this 21st day of November, 2006.
Charles Kemp, Mayor
Jennifer H. Larson, CMC, Town Clerk