ADOPTING ORDINANCE

ORDINANCE 06-103

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:

         Charter

         Title I. General Provisions

               10. General Provisions

         Title III. Administration

               30. Mayor; Board of Commissioners

               31. Officers and Employees

               32. Organizations

               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

               91. Nuisances

               92. Fire Prevention and Protection

               93. Health and Sanitation

               94. Animals

               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

               130. Generally

               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

               153. Subdivisions

               154. Zoning

         Parallel References

            References to North Carolina General Statutes

            References to 1988 Code

            References to Ordinances

         Index

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.

ATTEST:

                        /s/

                        Charles Kemp, Mayor

/s/

Jennifer H. Larson, CMC, Town Clerk