ADOPTING ORDINANCE
ADOPTING ORDINANCE 2009-05
AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR LINCOLN COUNTY, REVISING, AMENDING, RESTATING, CODIFYING, AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF LINCOLN COUNTY DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES
WHEREAS, the present general and permanent ordinances of Lincoln County were adopted at various times over a number of years and are arranged and classified in a variety of ways and formats; and
WHEREAS, enacting a County Code for Lincoln County would provide a means of standardizing the formats of the various ordinances embraced within it and would be conducive to the preservation of the public health, peace, safety, and general welfare of the citizens of Lincoln County and to the proper conduct of its affairs; and
WHEREAS, Section 153A-49 of the North Carolina General Statutes empower and authorize the Board of Commissioners 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 has previously authorized a general compilation, revision, and codification of the ordinances of Lincoln County of a general and permanent nature and the publication of such ordinance in book form; and
WHEREAS, it is necessary to provide for the usual daily operation of the County and for the continued preservation of the public peace, health, safety, and general welfare of the County that this ordinance take effect at an early date;
NOW THEREFORE, BE IT AND IT IS HEREBY ORDAINED AS FOLLOWS:
Section 1. The general ordinances of Lincoln County as revised, amended, restated, codified, and compiled in book form are hereby adopted and shall constitute the "County of Lincoln, North Carolina, Code of Ordinances."
Section 2. Such Code of Ordinances as hereby adopted in Section 1 shall consist of the following Titles:
TITLE I: GENERAL PROVISIONS
10. Rules of Construction: General Penalty
TITLE III: ADMINISTRATION
30. County Policies
31. County Organizations
32. Emergency Management
TITLE V: PUBLIC WORKS
50. Water
51. Sewer Use
52. Solid Waste
TITLE VII: TRAFFIC CODE
70. Parking Regulations
TITLE IX: GENERAL REGULATIONS
90. False Alarms
91. Health and Safety; Nuisances
92. Animals
93. Addressing and Road Naming
94. Hazardous Wastes
95. Fire Prevention and Protection
TITLE XI: BUSINESS REGULATIONS
110. Amusements
111. Peddlers and Solicitors
112. Emergency Medical Services
113. Pawnbrokers
114. Sexually-Oriented Businesses
115. Alcoholic Beverages
TITLE XIII: GENERAL OFFENSES
130. General Offenses
TITLE XV: LAND USAGE
150. General Provisions
151. Flood Damage Prevention
152. Soil Erosion and Sedimentation Control
153. Historic Properties
154. Watershed Protection
155. Subdivision Regulations
156. Zoning Code
Section 3. All prior ordinances pertaining to the subjects treated in this 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, sale, or lease of real or personal property; granting or accepting easements, plats, or dedications of land to public use; vacating or setting the boundaries of streets, roads, or other public places; nor shall such repeal affect any other ordinance of a temporary, limited, transitory, or special nature or pertaining to subjects not contained in or covered by the Code.
Section 4. The Code of Ordinances shall be deemed published as of the date of its adoption and approval by the Board of Commissioners, and the Clerk to the Board is hereby authorized and ordered to file a copy of such Code of Ordinances in her office.
Section 5. Such Code shall be in full force and effect as provided in Section 6 and 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.
Section 6. This Ordinance shall take effect on ________________, 2009.
ADOPTED this 3rd day of August, 2009.
LINCOLN COUNTY
BOARD OF COMMISSIONERS
By: ________________________
Alex E. Patton
Chairman
ATTEST:
__________________
Amy S. Atkins
Clerk to the Board