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(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COUNTY. Lincoln County government, including all agencies and departments of Lincoln County government.
COUNTY BUILDING. A building owned, leased as lessor, or the area leased as lessee and occupied by Lincoln County government.
COUNTY VEHICLE. A passenger-carrying vehicle owned, leased or otherwise controlled by Lincoln County government and assigned permanently or temporarily by Lincoln County government to its employees, agencies, institutions or facilities for official business.
HEALTH DEPARTMENT CAMPUS. The building, and all surrounding real property owned by Lincoln County, located at 200 Gamble Drive, Lincolnton, NC 28092.
DEPARTMENT OF SOCIAL SERVICES CAMPUS. The building, and all surrounding real property owned by Lincoln County, located at 1136 E. Main Street, Lincolnton, NC 28092.
ELECTRONIC CIGARETTE or E-CIGARETTE. An electronic oral device that employs a mechanical heating element, battery, or electronic circuit, regardless of its shape or size, and that can be used to heat a liquid nicotine solution or any other substance, and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, or under any other product name or descriptor.
SMOKING. The use of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product as well as electronic cigarettes.
TOBACCO or TOBACCO PRODUCT. Any product containing or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, or ingested by any other means, including, but not limited to, cigarettes; e-cigarettes; cigars; little cigars; snuff; and chewing tobacco. A TOBACCO PRODUCT excludes any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. Electronic cigarettes are also considered to be a TOBACCO PRODUCT.
(B) Prohibition on the use of tobacco or tobacco products in county buildings. The use of tobacco or tobacco products is prohibited in all county buildings.
(C) Prohibition on the use of tobacco or tobacco products in county vehicles. The use of tobacco or tobacco products is prohibited in all county vehicles.
(D) Prohibition on use of tobacco or tobacco products on county campuses. The use of tobacco or tobacco products is prohibited on the Health Department campus and the Department of Social Services campus. This prohibition shall include the buildings, and all grounds surrounding those buildings, that are owned and operated by Lincoln County.
(E) Prohibition on use of tobacco or tobacco products within 50 feet of county buildings. The use of tobacco or tobacco products is prohibited within 50 feet of all entrances to all county buildings.
(G) Enforcement.
(1) Enforcement officer. This section shall be enforced by the County Manager, any department director having supervisory authority over the county building or county vehicle related to the infraction, any sworn law enforcement officer, or any county code enforcement officer.
(2) Penalty for violation. After verbal or written notice of an infraction, an individual’s failure to cease tobacco or tobacco product use shall constitute an infraction, and the individual committing the infraction shall be issued a citation in the amount of $50.
(Ord. passed 1-22-2024)
(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMERGENCY TELEPHONE SERVICE ACT. G.S. §§ 62A-40 et seq.
EXCHANGE ACCESS FACILITY. The access from a particular telephone subscriber's premises to the telephone system of a service supplier. EXCHANGE ACCESS FACILITIES includes service supplier-provided access lines, PBX trunks, and centrex network access registers, all as defined by the tariffs of the telephone company as approved by the State Utilities Commission. EXCHANGE ACCESS FACILITIES do not include service supplier-owned and -operated telephone pay station lines, or Wide Area Telecommunication Service (WATS), Foreign Exchange (FX), or incoming-only lines.
911 CHARGE. A contribution to the county for the 911 service start-up equipment costs, subscriber notification costs, addressing costs, billing costs, and non-recurring and recurring installation, maintenance, service, and network charges of a service supplier providing 911 service.
911 SYSTEM or 911 SERVICE. An emergency telephone system that provides the user of the public telephone system the ability to reach a public safety answering point by dialing the digits 911. The term 911 SYSTEM or 911 SERVICE also includes ENHANCED 911 SERVICE, which means an emergency telephone system that provides the user of the public telephone system with 911 services and, in addition, directs 911 calls to appropriate public safety answering points by selective routing based on the geographic location from which the call originated, and provides the capability for automatic number identification and automatic location identification features.
SERVICE SUPPLIER. A person or entity who provides exchange telephone service to a telephone subscriber.
TELEPHONE SUBSCRIBER or SUBSCRIBER. A person or entity to whom exchange telephone service, either residential or commercial, is provided and in return for which the person or entity is billed on a monthly basis. When the same person, business, or organization has several telephone access lines, each exchange access facility shall constitute a separate subscription.
(B) Effective 3-1-1991, there is imposed a monthly 911 service charge, in the amount specified in division (C) below, upon each exchange access facility subscribed to by telephone subscribers whose exchange access lines are in the area served by the 911 service in the county.
(C) (1) The monthly 911 charge is $1 for each exchange access facility subscribed to by a telephone subscriber whose exchange access line or lines are located in the county which are in the area served by 911 service. The charge shall be imposed for a period not to exceed 24 months, and funds derived therefrom shall be used for non-recurring costs associated with the implementation of Enhanced 911, including the lease or purchase of emergency telephone equipment, computer hardware and software, addressing, data base development and installation, network charges, subscriber notification, billing, and related non-recurring costs.
(2) At the end of the 24-month period, the monthly charge shall be reduced to $.50 for each exchange access facility subscribed to by a telephone subscriber whose exchange access line or lines are located in the county which are in the area served by 911 service. Funds derived therefrom shall be used solely for recurring costs associated with the operation of the 911 system, including, but not limited to, ongoing network charges, equipment, and database service and maintenance costs, and billing costs.
(3) Adjustments in the amount of the monthly charge for recurring costs may be made at any time by the Board of Commissioners to react to changes in the operating costs for 911 service.
(D) There is established the Emergency Telephone System Fund. All revenues generated pursuant to this section shall be deposited to this Fund and used for the purposes outlined herein. Monies in the Emergency Telephone System Fund may be invested in the same manner as other local government revenues, and income earned from the investments shall be deposited in the Fund.
(E) Service suppliers will be responsible for collecting and remitting to the county the 911 charges as provided by the Public Safety Telephone Act. Services suppliers collecting the 911 charges are entitled to a 1% administrative fee as compensation for collecting the charges.
(F) Administration and collections activities to enforce and give effect to the provisions of this section shall be conducted pursuant to the provisions of the Public Safety Telephone Act, G.S. §§ 62A-5 et seq.
(Ord. passed 10-8-1990)
(A) The County Register of Deeds shall refuse to record any deeds or other instrument of conveyance (other than a deed of trust or mortgage) until tax information as described herein shall have been presented to the Register of Deeds, along with the deed or other conveyance.
(B) Information to be obtained on behalf of the Tax Administrator by the Register of Deeds shall include the following items:
(1) Name of the seller or grantor;
(2) Name of the buyer or grantee; and
(3) Current, correct, and complete mailing address of the grantee.
(C) A violation of this section by providing false or misleading information to the Register of Deeds in order to have a deed recorded shall be a Class 3 misdemeanor and punishable as by law provided in G.S. § 14-4.
(D) Notwithstanding the foregoing, however, the Register of Deeds may record a deed without the current mailing address of the grantee when he or she finds that the overriding public interest requires that the deed be immediately recorded. Provided, however, that the current mailing address of the grantee is obtained within 30 days thereafter and duly furnished to the Tax Administrator.
(E) This section shall be effective 2-1-1988.
(Ord. passed 12-21-1987; Ord. passed 3-21-2022)
(A) In order to protect the citizens of Lincoln County and their properties, the procedures herein are established to provide for fingerprinting and criminal history checks on all final applicants for paid or volunteer Fire Department positions. Subject to division (F) herein, employment with the paid/ volunteer Fire Department services may be denied for those persons convicted of any crime against a person, or crime against property where intent is an element, or any drug or gambling related offense.
(B) The county, either in its own stead or by and through any of its agencies, may conduct an investigation of any final candidate for a paid/volunteer Fire Department position and it shall be a precondition of employment that an applicant for such a position shall, upon request, provide fingerprints and all other necessary personal identification including a birth certification, social security number and driver's license, if available, so that the Fire Marshal may cause a thorough search to be made of local, state criminal records to determine if the applicant has a history of criminal convictions or crimes by the use of the Division of Criminal Information Network (DCI). The county, either in its own stead or by and through any of its agencies, may conduct an investigation of any Fire Department paid employee or volunteer if required by funding or certifying agencies, or if cause is suspected.
(C) All applicants for any position described above must fill out an Authorization and Release Criminal History Report form and have it notarized in order for the requesting agency to allow the Lincoln County Fire Marshal's Office to request the criminal history check to be done.
(D) The Lincoln County Communications Director, or designee, shall provide the findings from the use of the DCI to the Fire Marshal provided that all necessary agreements with the State Bureau of Investigations Division of Criminal Information has been executed. A copy of the DCI Servicing Agreement between Lincoln County Communication Center and Lincoln County Fire Marshal's Office is attached to Ordinance passed 12-3-2012 and incorporated by reference as if fully set forth herein.
(E) An evaluation of any crime for purpose of employment will take into account the nature and the circumstances of the offense and the time frame of the offense as it relates to the essential job functions or position for which the applicant applied.
(F) Disqualifiers for new firefighter. The following enumerated items, though not exclusive, shall be considered just cause for disqualifying an applicant or denying an applicant the position for which said applicant applied:
(1) A conviction of or admission to any of the crimes as defined in Attachment 4 to Ordinance passed December 3, 2012 which Attachment is incorporated by reference as if fully set forth herein;
(2) Use of marijuana within 36 months of the date of application;
(3) Use of other illegal or illicit drugs within five years of the date of application;
(4) Admission or conviction of perjury;
(5) No current North Carolina driver's license or driver's license currently suspended, canceled, revoked, or with modified driving privileges at the time of the application;
(6) Not a high school graduate or lacks a North Carolina General Equivalency Degree (GED);
(7) Not a citizen of the United States of America;
(8) Failure of the Department's qualifying physical requirements;
(9) A DUI conviction within the past five years from the date of application;
(10) If a current domestic violence or personal restraining or protection order, ordering the applicant to not contact another individual, is in effect, the processing of the application will be suspended until the order is no longer in effect. The applicant is responsible for advising the Fire Department Agency when the order is no longer in effect;
(11) If any major traffic violation charges or any criminal charges are pending, the processing of the application will be suspended until final disposition of the charge(s). The applicant is responsible for advising the Fire Department Agency when the order is no longer in effect;
(12) The above list is not all-inclusive and does not constitute a complete and total listing of disqualifiers but is listed for illustrative purposes only.
(G) Prior to denial or termination of employment based upon criminal history record information (CHRI) received from Lincoln County Communication Director or designee, the Fire Marshal or designee shall verify the existence of a record by either obtaining a certified public record or by submitting a fingerprint card of the individual to the Criminal Information and Identification Section for verification that the CHRI record belongs to the individual.
(H) If there is any cost involved in attaining the information either through the background check(s) or fingerprint card check(s) the applicant shall be responsible for paying the cost and shall pay for services before they are performed.
(I) An access agreement called State Bureau of Investigation Special Operations Division Non-criminal Justice Access Agreement shall be signed by the Lincoln County designee(s), Lincoln County Fire Marshal, the Lincoln County Communications Director.
(Ord. passed 11-19-2012; Ord. passed 12-3-2012)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) Violation of this section shall also subject the offender to a civil penalty in the amount of $25 per occurrence to be recovered by the county. Offenders shall be issued a written citation which must be paid to the county within 20 days.
(Ord. passed 10-4-1993; Ord. passed 3-21-2022)